Joe Esparza, Chairman and Commissioner

Representing Employers

Alberto Treviño III, Commissioner

Representing Labor

Brent Connett, Commissioner

Representing the Public

Steve Pier, Executive Director

Invitation for Bids (IFB)

For

Document Disposal Services

IFB No. 3202600191

Date of Release: May 20, 2026

Bids Due: June 3, 2026, by 10:00 a.m. Central Time

962-27 Document Shredding Services

Sole Point of Contact for this IFB (see Section 4.1)

Madison Shepperd, CTCD, CTCM

Procurement Lead

VendorProposals@twc.texas.gov

IFB No. 3202600191, revised 5/2024 Page 2 of 30

Table of Contents

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.1 Overview

2.2 Description of Services

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Execution

3.4 Contract Term

3.5 Price Adjustment

3.6 Payments

3.7 Contract Amendments

3.8 No Guarantee of Volume, Usage or Compensation

3.9 Governmental Entities

3.10 Offer Period

3.11 Costs Incurred

3.12 Public Information Act-Bidder Response

3.13 Public Information Action-Contract Award

3.14 Bidder Waiver-Intellectual Property

3.15 Insurance

3.16 Change of Ownership or Financial Condition

3.17 Sanctions and Remedies

3.18 Severability

3.19 Franchise Tax-Right to Transact Business in Texas

3.20 Subcontractor Requirements

3.21 Historical Compensation

3.22 Discounts

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.3 Bid Composition

4.4 Bid Submission and Delivery

ARTICLE V. BID TABULATION AND AWARD PROCESS

IFB No. 3202600191, revised 5/2024 Page 3 of 30

5.1 Screening of Responses

5.2 Evaluation

5.3 Specific Evaluation Criteria ............ Error! Bookmark not defined.

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.3 Cost Sheet

6.4 VetHUB Subcontracting Plan

LIST OF ATTACHMENTS AND FORMS

IFB No. 3202600191, revised 5/2024 Page 4 of 30

DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” or “Addenda” or “Amended Solicitation” means a written addition, change, or supplement to this Solicitation that is posted as a notification to the

ESBD and uploaded to the TWC Bonfire Portal prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and

“Business Days” may be used interchangeably. All uncapitalized references to

“days” shall be calendar days.

“Business Hours” 7:00 a.m. to 5:00 p.m. on a Business Day.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful

Bidder, which will incorporate the contents of this IFB and the Successful

Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

IFB No. 3202600191, revised 5/2024 Page 5 of 30

“Customers” State agencies, state universities, local governments, nonprofits, or local co-op entities in Texas that are required or permitted by law to purchase goods and services.

“Destroy or Destroyed” The rendering of paper records and other material so that the information it contained can no longer be viewed, in conformity with the standards set forth in the applicable section of this Specification.

“Document” A written or printed instrument that conveys information that is placed in a Secure Container.

“Electronic Equipment” Includes: Electronic Waste, Hard Drives, Media, and

Visual Display Units.

“Electronic Waste” Electronic devices - excluding Hard Drives, Media, Visual

Display Units, alkaline or lithium batteries, and toner cartridges - that are obsolete due to technological advances or malfunction, including: computers, computer components, servers, flat panel monitors, printers, copiers, scanners, wiring and cabling, telephone switches and handsets, projectors, recording devices, audio/video equipment and cell phones.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.gov/esbd.

“FTI” Federal Tax Information.

“Hard Drives” Non-volatile, random access devices for storing digital data found in many electronic devices including computers, servers, copiers and scanners.

IFB No. 3202600191, revised 5/2024 Page 6 of 30

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

“IRS” Internal Revenue Service.

“Materials” Any items to be Destroyed under this Specification, including, but not limited to, Documents, e-waste, and Non-Traditional items.

“Media” Any media including, but not limited to, microfilm, microfiche, CDs, floppy disks, cassette tapes, VHS, film and reel-to-reel tapes.

“NAID” National Association for Information Destruction.

“Non-Traditional Items” Items, other than paper, plastic, ore-Waste, requiring destruction and/or recycling due to the presence of logos, expired program or benefit information and/or other Customers identifying information.

“PCS” means Procurement and Contract Services, a department within TWC’s

Business Operations division.

“PS” means Procurement Services, a division of PCS.

“Remedies” or “Sanctions” monetary recoupment, payment hold, imposition of remedies or damages, exclusion, debarment, suspension, or revocation.

“Secure” Administrative, technical and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained.

“Secure Container” A locked bin or receptacle, into which Documents are placed. Under some circumstances and as agreed to between Customers and vendor, boxes or other bulk packages (e.g. boxes palletized and shrink wrapped) may be included in this definition.

IFB No. 3202600191, revised 5/2024 Page 7 of 30

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“TWC” means the Texas Workforce Commission.

“VetHUB” means Veteran Heroes United in Business, as defined by Chapter

2161 of the Texas Government Code and Title 34 of the Texas Administrative

Code (TAC), § 20.282.

“VHSP” means VetHUB Subcontracting Plan. Written documentation regarding the use of subcontractors, which is required to be submitted with all solicitations for state agency contracts with an expected value of $100,000 or more and where TWC has determined subcontracting opportunities are probable. The VHSP subsequently becomes a provision of the awarded

Contract and shall be monitored for compliance by TWC during the term of the

Contract.

“VPTS” means Vendor Performance Tracking System, as described under Texas

Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas

Government Code § 2155.089 and 34 TAC § 20.509.

ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is seeking bids for document disposal services including the lease of secure containers.

PS will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2 Authority

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code §§ 2155.062 and 2156.001.

1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the

Deadline for Submission of Bids will be published as an Addendum posted to the ESBD. Bidder is required to sign and return an Addendum or

Addenda with the Bid.

IFB No. 3202600191, revised 5/2024 Page 9 of 30

EVENT DATE and TIME

Solicitation posted to ESBD MAY 20, 2026

Deadline for Submission of Bids JUNE 3, 2026, at 10:00 AM

Central Time

Anticipated Contract Start Date JUNE 25, 2026

Bidder must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an

Addendum posted to the ESBD.

ARTICLE II. SCOPE OF WORK

2.1 Overview

The Texas Workforce Commission (TWC) is seeking bids for comprehensive document destruction services, including the lease of secure document containers. These services are required for twenty (20) TWC office locations across multiple Texas counties, with each site having unique needs regarding service frequency and container size.

2.2 Description of Services

2.2.1 General Requirements

The Successful Bidder must meet the following general requirements:

a. NAID Certification - Successful Bidder shall have and maintain a current NAID AAA Certification. See:

https://naidonline.org/certifications/

b. Notification of Change in NAID Status - Successful Bidder must notify

TWC of any change in NAID AAA status, including the loss of

IFB No. 3202600191, revised 5/2024 Page 10 of 30 certification or any audit finding that could result in loss of certification, while providing services under this contract within three

Business Hours of the change in status. Notification must be provided via e-mail.

c. Loss of NAID Certification - TWC shall require Successful Bidder to do the following if they lose NAID AAA certification while providing services under this contract:

1. Notify TWC as set forth in Section 2.2.1(b);

2. Stop receiving or collecting Materials from TWC as soon as possible and no later than close of business on the day

Successful Bidder is notified of its loss of certification; and

3. Coordinate handling of materials in its possession with TWC and

TWC's Destruction Standards.

d. Destruction of Material - Successful Bidder must Destroy all Materials according to appropriate government (federal and state) standards.

Appropriate government standards may include but are not limited to:

1. IRS Publication 1075

2. HIPAA Privacy Rules (45 CFR 164.530(c))

3. Internal Revenue Manual (IRM) 1.15.3

4. Texas Government Code Chapter 441, Subchapter L

5. Texas Local Government Code Section 202.003

6. Texas Administrative Code, Title 13, Chapter 6

IFB No. 3202600191, revised 5/2024 Page 11 of 30

7. Texas Administrative Code, Title 13, Chapter 7

Compliance with this section may require participation in Business

Associate Agreements (BAAs) as they relate to the Health Insurance

Portability and Accountability Act of 1996.

2.2.2 Performance

a. Inability to Perform - If Successful Bidder is unable to meet requirements imposed by TWC related to state or federal law, Successful Bidder shall notify TWC within one (1) business day of its occurrence.

b. Responsibility for Security – Successful Bidder must secure all

Materials from the time it accepts them from TWC until they are

Destroyed.

c. Secure Until Destruction – Successful Bidder must not use, allow access to, or offer for resale or use any Materials or the information contained in any Materials until Materials have been Destroyed.

d. Destruction Deadline for Regular Pickup – Successful Bidder must

Destroy all Materials collected during regularly scheduled pickups within three (3) business days from the pickup.

e. Destruction Deadline Outside Regular Pickup – Successful Bidder must

Destroy any Materials collected outside regular pickup no later than fifteen (15) business days after acceptance from TWC premises.

2.2.3 Facility Requirements

These facility requirements apply to all facilities used for collection, storage, and destruction under this Solicitation.

a. Physical Security - Facilities must be equipped with standard physical security measures which include active barriers to entry such as perimeter fencing, secure dock doors, and single-entry points. Physical security protocols for facilities must be active from the time Materials arrive until Materials have been Destroyed.

IFB No. 3202600191, revised 5/2024 Page 12 of 30

b. Alarm Systems - Facilities must be equipped with electronic alarm systems capable of detecting and alerting the user to specific dangers including intrusion and fire. Alarm systems must be monitored by a third-party vendor with clear protocols for whom to contact and when the local authorities are to be dispatched to the site for inspection.

c. Security Monitoring Systems - Facilities must be equipped with electronic security monitoring systems capable of monitoring, recording, and storing images of people and objects in the facility.

d. Restrictions on Visitors - The facility operator must meet or exceed the protocols established under its NAID Certification in regard to allowing visitors into the areas that contain Materials that have not been

Destroyed. Successful bidder must obtain a signed confidentiality agreement from all visitors.

e. Restrictions on Devices – Successful bidder must not allow cell phones, smart phones, cameras, or any other recording or transmission devices into destruction areas or areas that contain Materials that have not been destroyed.

2.2.4 Personnel

a. Successful bidder must ensure all personnel handling the Documents have undergone and passed a background check to be able to handle secure Materials as required by NAID AAA Certification standards.

b. Successful bidder must get a signed confidentiality agreement from all personnel.

c. Training of Successful bidder Employees - Successful bidder must provide comprehensive, in-service training to their employees regarding the handling of Materials.

d. Training to TWC personnel- Successful bidder training for TWC personnel must, upon request and at a minimum, cover liability as well as the proper types of Documents or Materials to place in Secure

Containers and pickup areas.

IFB No. 3202600191, revised 5/2024 Page 13 of 30

2.2.5 Scheduling with TWC

a. Scheduling Pick-Ups - Successful bidder shall work with TWC to establish pick up times.

b. Work Order Documentation - Successful bidder will document all pickups of containers, boxes or other Materials by issuing a descriptive work order, with unique work order number, that will be signed and dated Successful bidder and TWC representatives at the time of pickup. The work order must include the point of contact and contact information. It should specify the pickup date and location, and describe the Materials picked up.

c. The work order will be proof of the transfer of Material to Successful bidder and support the invoice. Successful bidder shall provide a copy of a work order to TWC upon request. Any invoice not substantiated by a signed work order is invalid.

d. Responsibility for Pick-Ups - Successful bidder will pick up Secure

Containers or boxes on pallets from TWC at an agreed to time and date.

e. Deviations from Schedule - Successful bidder shall schedule regular pickups and shall not deviate from the stated schedule without prior approval from TWC unless state or national holidays or force majeure prevent it from doing so. Successful bidder shall reschedule a missed pickup as soon as possible.

f. Certificates of Destruction – Successful bidder shall provide TWC with certificates of destruction for all Materials Destroyed under this

Specification with each month's invoice.

2.2.6 Document Destruction Requirements

a. Secure Containers, Vehicles, and Facilities - Successful bidder will enclose Documents already contained in a Secure Container within a securely enclosed vehicle at the time of removal to Successful bidder offsite destruction facility. Any boxes of Documents should be transported on pallets and shrink- wrapped or loaded into Secure

Containers before removal from TWC location.

IFB No. 3202600191, revised 5/2024 Page 14 of 30

b. Document Destruction Standard - Successful bidder will Destroy

Documents by shredding to 5/8 of an inch or smaller as specified by

TWC. Successful bidder may propose an alternate destruction method, subject to approval by TWC.

c. Post-Shredding - Successful bidder must ensure that Documents

Destroyed under this Specification are sold directly to a domestic paper mill. Successful bidder shall obtain an additional certificate of destruction from the paper mill and make it available to TWC upon request.

2.2.7 Electronic Equipment Destruction

a. Electronic Equipment Destruction Requirements - Successful bidder must Destroy each Electronic Equipment item so that it can no longer be utilized in its original form or for its intended purpose.

b. Electronic Equipment Recycling - If economically feasible, Successful bidder must recycle Electronic Equipment such that there is zero landfill impact. All Electronic Equipment received under this

Specification will be Destroyed and smelted, crushed, or shredded with the intended purpose of smelting for precious metal recycling.

c. Media & Hard Drive Destruction Standard - Media and Hard Drives must be Destroyed to the degree that any information they may contain is no longer accessible or readable by any means. This destruction must be completed before the Media or Hard Drive is recycled.

2.2.8 TWC Responsibilities

a. Responsibility until Removal - Materials deposited in vendor-provided receptacles are the responsibility of TWC until they are removed from the premises by the Successful bidder.

b. Scheduling with Successful bidder - TWC must work with Successful bidder to establish pick up times. TWC should provide Successful bidder with a copy TWC’s holiday calendar at the beginning of each

Fiscal Year.

IFB No. 3202600191, revised 5/2024 Page 15 of 30

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation and Attachment 1

– TWC Terms & Conditions are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of

TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD and notification will be sent to all Bidders immediately following execution of the Contract.

3.3 Contract Execution

If, for any reason, a Contract cannot be executed with a Bidder selected for award within thirty (30) days of TWC’s determination to seek to contract with that Bidder, TWC may negotiate a Contract with the next highest-scored Bidder or may withdraw, modify, or partially award this

Solicitation.

3.4 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on 08/31/2026. At the end of the initial Term, TWC will have the

IFB No. 3202600191, revised 5/2024 Page 16 of 30 sole option to renew the term of the Contract for one (1) additional one-year term.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1- TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs.

If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

3.5 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the

Contract and any exercised optional renewal terms, if applicable.

3.6 Payments

Payment will be made by TWC in accordance with the pricing provided on

Form 2 – Cost Sheet. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

IFB No. 3202600191, revised 5/2024 Page 17 of 30

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.7 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC.

3.8 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder under an awarded Contract, if any, resulting from this

Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.9 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

IFB No. 3202600191, revised 5/2024 Page 18 of 30

3.10 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Bidder unless expressly agreed upon in writing by TWC.

3.11 Costs Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in

Oral Presentations and Site Visits, or any other similar expenses incurred by a Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.12 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas

Government Code, Chapter 552. See Attachment 1 – Terms and

Conditions, Section 2.4.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies

(Original Bid and “Public Information Act Copy,” including attachments, of

IFB No. 3202600191, revised 5/2024 Page 19 of 30 the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

3.13 Public Information Action-Contract Award

Within five (5) Business Days from Contract execution, the Successful

Bidder must submit a “Public Information Act Copy” of the Original

Executed Contract (in addition to the Original Executed Contract) to the

TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

b. Each portion Successful Bidder claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Bid as required in Section 3.12 above. The only difference in required markings and information between the

Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public

Information Act Copy.” There must be no redactions in the Original

Executed Contract.

3.14 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

IFB No. 3202600191, revised 5/2024 Page 20 of 30

AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF

TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST

THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY

MATERIALS SUBMITTED TO TWC BY BIDDER.

3.15 Insurance

For the duration of any Contract resulting from this Solicitation, the

Successful Bidder shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 - Terms and Conditions, Section 3.19 Insurance

Requirements.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Bidder’s responsibility to recommend to TWC alternative methods of insuring the

Contract. Any alternatives proposed by Bidder should be accompanied by a detailed explanation regarding Bidder's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

3.16 Change of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder

IFB No. 3202600191, revised 5/2024 Page 21 of 30 must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.17 Sanctions and Remedies

3.17.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

IFB No. 3202600191, revised 5/2024 Page 22 of 30

3.17.2 Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the

Executive Director or Executive Director’s designee shall notify the

Successful Bidder of the assessment(s). TWC will withhold Sanctions from payments to the Successful Bidder or, if no payments are to be made, TWC will make demand of payment of Sanctions. The

Successful Bidder must make payment within thirty (30) days of TWC’s demand. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Bidder, if applicable.

3.17.3 Failure to Assess Sanctions

The failure of TWC to access Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.18 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.19 Franchise Tax-Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

IFB No. 3202600191, revised 5/2024 Page 23 of 30

Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.20 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any

Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the

Successful Bidder to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the

Successful Bidder is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the

Successful Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

IFB No. 3202600191, revised 5/2024 Page 24 of 30

3.21 Historical Compensation

Historical compensation under Contracts for similar goods or services and similar scope and size to this Solicitation has ranged between forty thousand dollars ($40,000.00) to fifty thousand ($50,000.00) on an annual basis. TWC reserves the right to adjust any projected amount based on funding during the term of a resulting Contract.

3.22 Discounts

If Contractor at any time during the term of the Contract provides a discount on the final contract costs, Contractor will notify TWC in writing at least ten (10) calendar days prior to the effective date of the discount.

TWC will generate a Purchase Order Change Notice or other Contract

Amendment and send a revised Purchase Order or amended Contract to

Contractor.

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Madison Shepperd, CTCD, CTCM

Email: vendorproposals@twc.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, IFB No. 3202600191, revised 5/2024 Page 25 of 30 its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by the

Sole Point of Contact in Section 4.1.1. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.3 Bid Composition

4.3.1 General Information

Bidder must fully and completely address all requirements described in this

Solicitation. Incomplete or partial Bids will not be considered. The Bidder must provide all information that the Bidder believes would be helpful to

TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.3.2 Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any

IFB No. 3202600191, revised 5/2024 Page 26 of 30 resulting Contract;

b. Submits a Bid at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

4.3.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices on the ESBD.

4.4 Bid Submission and Delivery

4.4.1 Deadline

Bids must be received by PS as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.4.2 Submission Method

You must submit your bid electronically by email to

VendorProposals@twc.texas.gov. Reference the IFB Title, IFB No., and the Submission Deadline date and time, in the subject line.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

IFB No. 3202600191, revised 5/2024 Page 27 of 30

Hard copies received will not be accepted or reviewed.

Each Bidder is solely responsible for ensuring its Bid is submitted in accordance with all Solicitation requirements and ensuring timely receipt by

TWC.

4.4.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the Bidder.

ARTICLE V. BID TABULATION AND AWARD

PROCESS

5.1 Screening of Responses

An administrative screening of Responses timely received will be conducted by TWC PCS to determine which Responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration:

a. Bidder has completed, signed and submitted Form 1 – Execution of

Bid in accordance with Section 6.1 Execution of Bid.

b. Bidder has completed and submitted Form 2 – Cost Sheet in accordance with Section 6.3 Cost Sheet.

c. Bidder must submit a copy of its current NAID AAA certification in accordance with Section 2.2.1 General Requirements.

IFB No. 3202600191, revised 5/2024 Page 28 of 30

d. Bidder who receives an overall score as recorded in the CPA Texas

Vendor Performance Tracking System (VPTS) of “D” or below shall be disqualified from consideration for award.

TWC reserves the right to ask questions or request clarification from any

Bidder at any time during the screening process.

In accordance with Texas Government Code § 2262.055(d), TWC will consider Bidder performance as recorded in the CPA Texas Vendor

Performance Tracking System (VPTS), described in Texas Administrative

Code, 34 TAC § 20.115.

5.2 Evaluation

TWC will consider the purchase price and whether the Bidder meets all of the requirements of this IFB.

ARTICLE VI. REQUIRED BID INFORMATION

SUBMITTING BID INFORMATION

Form 1 - Execution of Bid

Form 2 - Cost Sheet

Form 3 - TWC 1020 Substitute W-9 and Direct Deposit Form

Copy of NAID AAA Certification

Public Information Act, if applicable - Reference Section 3.12

Public Information Act – Bidder Response.

IFB No. 3202600191, revised 5/2024 Page 29 of 30

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this

Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.3 Cost Sheet

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Sheet of this Solicitation.

Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

The Total Cost must include pricing for all line items. i.e. To be considered responsive, the Bidder must bid on all line items listed in Form 2 – Cost

Sheet.

6.4 VetHUB Subcontracting Plan

Bidders are not required to submit a VetHUB Subcontracting Plan with their

Bid.

IFB No. 3202600191, revised 5/2024 Page 30 of 30

LIST OF ATTACHMENTS AND FORMS

Attachment 1 Terms & Conditions

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 TWC 1020 Substitute W-9 and Direct Deposit Form with

Instructions