ESBD_520769_1780073289491_IFB 306-26-0450 Destruction Services Solicitation.docx

invitation for bid

IFB # 306-26-0450

Secure Destruction Services NIGP Class/Items: 962-27

Schedule of Events

Solicitation Posted Date:

5/29/2026

Vendor Questions Due:

June 11, 2026 5:00 PM CT

Pre-Bid Conference:

N/A

Site Visit:

N/A

Answers Posted to ESBD:

June 15, 2026

Bid Due Date:

6/22/2026 2:00 PM CT

Expected Contract Award Date:

June 30, 2026

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected Vendor from addenda or additional information resulting in additional costs to meet the requirements of the solicitation.

Table of Contents

Texas State Library and Archives Commission IFB # 306-26-0450

Secure Destruction Services

Section I General Information Comment by Pamela Rodriguez: Information to complete in this section should be provided from the approved Charter.

Introduction The Texas State Library and Archives Commission (TSLAC) requires a qualified contractor to provide Secure Document Shredding Services.

Services shall be provided to TSLAC in the State and Local Records Management (SLRM) Division at STATE Records Center-Shoal Creek BLVD, Austin, TX 78756.

Background The Texas State Library and Archives Commission (TSLAC), as authorized by Texas Government Code § 441.223, provide secure, reliable, and timely disposition services of TSLAC's physical records and for the state and local government customers for which TSLAC stores records.

TSLAC Purchasing Contact and Prohibited Communication

1.1. Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e-Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: cthigpenn@tsl.texas.gov Phone: 512/463-8913

Phone: 512/463-5487

1.2. Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 4. Respondents or their representatives may not ask questions about the solicitation by phone or in person and any such attempts will not be recognized as valid inquiries. Failure to observe this restriction may disqualify any subsequent response to this solicitation. Respondent may rely only on written statements issued through or by TSLAC’s Purchasing Team. This restriction does not preclude discussions between affected parties to conduct business unrelated to this solicitation.

Solicitation Method and Intent Comment by Pamela Rodriguez: Purchasing Department will determine the solicitation method based on the need of the end user and the number of contracts to be awarded.

The Invitation for Bid (IFB) solicitation allows qualified respondents to submit a bid for the goods and/or services specified in this solicitation. Additional documentation may be requested to address the minimum requirements of this solicitation, qualifications, experience, and other factors that will be employed to ensure the successful fulfillment of the specified goods and/or services set forth herein. TSLAC will review, compare, and evaluate responses to determine the vendor who meets the minimum requirements and provides the lowest bid.

It is TSLAC’s intent to identify one qualified vendor and award one contract for the goods and/or services included in this solicitation based on the response(s) that presents the best value and best meet the business needs of TSLAC.

TSLAC 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 service the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and award the bid to best serve the interests of the State.

TSLAC reserves the right to add or delete services from awarded contracts during the contract period without re-solicitation as new technologies emerge, or the business needs of TSLAC change. The additions or deletions will be mutually agreed upon with a written amendment to the contract.

Contract Term Initial Contract Term: The initial contract term shall commence upon contract execution or as otherwise indicated in the intent to award notice and continue through August 31, 2026, unless sooner terminated under the terms of this contract.

Contract Renewals: The contract may be renewed for an additional three (3) optional one-year periods, provided both parties agree in writing to do so, prior to the expiration date. Any renewals shall be at the same terms and conditions, plus any approved changes.

Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TSLAC may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TSLAC continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

Termination: The contract shall terminate upon full performance of all requirements contained in the contract unless otherwise extended or renewed, as provided in accordance with all the contract terms and conditions.

Amendments: The contract may be amended in writing by mutual consent of the parties. Unless the solicitation states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

Estimated Quantities Published Quantities: The quantities specified herein are estimates only. TSLAC does not guarantee any minimum or maximum quantity of hours/services or allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities for the same offered price or discount depending on bid results, budget constraints, or agency needs. TSLAC will only pay for actual hours worked provided within the contract term. Comment by Pamela Rodriguez: May remove if not applicable.

Adding New Products/Services to Contract After Award Where found to be in the best interest of TSLAC, the resulting contract may be amended in writing to provide additional services. Provided that such additional services are within the original scope and intent of the contract.

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract and that are not already on the contract may be added. A formal written request will be sent to the Contractor to quote the proposed additional products/services to fulfill the specified services.

The TSLAC Purchasing Department will execute a written amendment for additional services. Additional services shall not be performed without a fully executed amendment to the contract.

Price Decreases Price Decreases: Price decreases will be allowed at any time. The Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be offered at the same ratio to TSLAC. The Contractor’s failure to promptly notify TSLAC of such industry-wide price decreases may constitute a breach of contract and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive Respondent or re-solicit, whichever is in TSLAC’s best interest.

Modification of Contract Terms and/or Amendments The terms and conditions of the contract shall govern all transactions under the Contract.

The Contract may only be modified or amended upon mutual written agreement of Texas State Library and Archives Commission’s Purchasing Department and the Contractor.

Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added to the Contract as an appendix and given effect. No additional term or condition added in the Contract can conflict of diminish a term or condition of the Contract. In the event of a conflict between the Contract and the Contractor’s terms and conditions, the TSLAC Contract terms shall control.

Definitions

Additional Terms and Conditions These terms and conditions apply to the solicitation:

Acceptance – All services performed will be subject to acceptance review upon completion. Acceptance inspection will not take more than five (5) business days. Contractor will be notified within this time frame of any services not delivered in full compliance with the contract specifications.

Contracting Information Responsibilities – In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the agency for the duration of the contract, (2) promptly provide to the agency any contracting information related to the contract that is in the custody or possession of the Respondent on request of the agency, and (3) on termination or expiration of the contract, either provide at no cost to the agency all contracting information related to the contract as provided by the records retention requirements applicable to the agency. Except as provided by Section 552.374(c) of the Texas Government Code, the requirement of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter. Comment by Pamela Rodriguez: May be removed if the contract is less than $1 million dollars for the overall contract amount.

Project Completion Delays – If delay is foreseen, the Contractor shall give written notice to TSLAC. Default in promised completion without acceptable reasons or failure to meet specifications authorizes TSLAC to purchase services of this Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will be not considered unless specifically referred to in the Response.

Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Vendor Representations - References to the “representations” of the Contractor include, without limitation, all representations, warranties, guarantees, certifications, and affirmations of the contractor when submitting a response to this solicitation. By submitting a response, the contractor makes all of the representations included in the solicitation and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. The Contractor must promptly notify TSLAC if any representations are no longer true or correct. A contractor who does not promptly notify TSLAC is subject to remedies, including termination.

Non-State Entities Participation in Awarded Contract(s) – Texas law authorizes other non-State entities (e.g., local governments, including counties and school districts) to piggyback on contracts resulting from this solicitation. The Contractor should consider proposing discounts and other terms that take into account such higher volumes and other expanded opportunities that could result from the eventual inclusion of other entities. Comment by Pamela Rodriguez: Remove if not appliable.

Non-state entities may use the resulting contracts by furnishing the Contractor with an internal purchase order or contract referencing the TSLAC contract number. The Contractor will not deliver or provide related services until it receives a purchase order generated by the non-state entity.

The Contractor must notify TSLAC at contractmanagement@tsl.texas.gov when a non-State entity uses the active awarded contract resulting from this solicitation.

Section II Statement of Work and Specifications

1. Statement of Work The Contractor shall provide the following products and/or services:

2.1. Requirements for the secure destruction of confidential and sensitive documents to ensure compliance with applicable privacy, security, and data protection regulations. Most services will be for paper records in one cubic foot standard-size boxes; paper documents must meet the ISO/IEC 219464 level P-4 shred standard of strips no larger than 6 mm (.24 in) x 25mm (.98 in), which are palletized. Other services may include secure bi-collection of paper, with set schedules for pickup of full containers and drop-off of empty containers. The service provider shall perform all work in a manner that guarantees complete destruction beyond recognition or reconstruction. Work may be completed on-site or off-site at the service provider's location.

2.2. Collect materials on a scheduled or on-demand basis.

2.3. Shred documents using cross-cut methods meeting or exceeding industry standards (e.g., DIN 66399 P-4 or higher). Paper documents must meet the ISO/IEC 21964 level P-4 shred standard of strips no larger than 6mm (.24in) x 25mm (.98in).

2.4. Ensure destruction of paper, microforms, optical media, and other physical storage devices as required

2.5. Provide secure collection containers (locked, tamper-resistant) for designated locations for non-boxed confidential media.

2.6. Provide at minimum off-site shredding, with chain-of-custody documentation.

2.7. Certification of Destruction- Date and time of destruction, method used, location of destruction, authorized signature

Deliverables or Service Schedule Below is the list of deliverables with the estimated timeline. Respondents must be capable of working within the estimated timeline or deadline provided below. Respondents may propose alternative timelines or deadlines but must meet the project's competition date.

Certificate of Destruction

72 hours of Collection

Signed Transfer Manifest

Every Collection

Quarterly Compliance Report

Last Business Day of each Quarter

Placement of Bins

Within 5 business days of the contract date.

TSLAC reserves the right to alter dates as necessary to accomplish project objectives and performance requirements.

Contractor Responsibilities The Contractor shall:

2.8. Provide for (off-site) destruction: Pick-up records in a secure manner, provide the pallet jack and material needed for loading their truck. Provide auditable documentation for the chain of custody. Use fingerprint-based criminal history checks and vetted staff for handling records. Provide secure storage bins if needed and rotate the bins on an as-needed basis or set a schedule.

2.9. Provide for (on-site) destruction: Provide a truck that will shred at the designated dock. Provide labor and equipment to remove boxes from the edge of the records center dock.

2.10. Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work, installation, or other services shall begin by the Contractor without the prior written authorization of TSLAC. Contractor understands and agrees that work installation and other services performed without prior authorization of TSLAC are considered outside of the scope of the contract and shall be performed exclusively at the Contractor’s risk. The Contractor will not be compensated for unauthorized work or work outside of the scope of the contract.

2.11. Provide services in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General Terms and Conditions and any federal terms and conditions, if attached.

2.12. Shall provide labor, materials, and equipment necessary to meet the requirements of the specified services throughout the term of the contract.

2.13. Be responsible for all costs incurred in the performance of the contract.

2.14. Comply with all laws, ordinances, statutes, and regulations pertaining to the services required herein, and shall obtain such permits, licenses, and other authorizations as may be required.

2.15. Follow relevant safety rules and conduct the work in a safe manner.

2.16. Participate in lessons learned meetings to provide feedback to the agency during contract closure at no additional cost to the agency. Comment by Pamela Rodriguez: Let me know if this is a reasonable request.

TSLAC Responsibilities The TSLAC will:

2.17. TSLAC will coordinate locations of secure bins and coordinate as needed or scheduled pick-ups.

2.18. Designate a TSLAC Project Manager and point of contact upon contract award; this individual will monitor the contract.

2.19. Not furnish materials, labor, equipment, or facilities unless otherwise specified in this solicitation or the resulting contract.

Qualifications and Experience Respondent must meet the following minimum qualifications and experience to be eligible for consideration.

Minimum Qualifications

2.19.1. Respondent shall be in the business of providing Secure Destruction Services, with a minimum of eight (8) years of experience providing and performing services similar in size and scope to the services specified within this solicitation; Recent start-up businesses do not meet this requirement. Refer to Section I, Subsection 10 for a definition of a start-up business.

2.19.2. Respondent shall have available the necessary qualified personnel, skills, organization and facilities, equipment, and supplies to fulfill the requirements under this solicitation and any resulting contract.

2.19.3. Respondent shall be in good financial standing. TSLAC reserves the right to request a copy of the respondent’s audited or unaudited financial statements.

Note: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

2.20. Preferred Qualifications Comment by Pamela Rodriguez: Optional Section. Remove if not applicable.

2.20.1. Shall be in a business of providing Secure Destruction Services, with a minimum of ten (10) continuous years of experience providing and performing services similar in size and scope to the services specified within this solicitation; Recent start-up businesses do not meet this requirement.

2.20.2. Must have experience in Secure Chain-of-Custody Logistics, Commercial shredding and Media Destruction, Regulatory Compliance and Certified Destruction.

Note: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

Assigned Key Personnel Respondents shall provide the following key personnel:

2.20.3. Project Team Lead

2.20.4. Account Manager

2.20.5. Other Team Members

Supporting Documentation: Respondent must provide resumes for each team member. The project references on the resumes should correspond with the references required in Section II, Subsection 5.3 below. The experience provided should be similar to the scope of the project in this solicitation. Note: Personnel may serve in multiple roles.

Company References Respondent must provide a minimum of three (3) references for projects completed within the last two (2) years and similar scope. The Respondent must complete the form provided in Appendix C or provide a reasonable facsimile.

All requested information is required. The Respondent may not use TSLAC staff as a reference.

Subcontractors Subcontractors providing services under an awarded Contract shall meet the same requirements and level of experience as required. Respondent shall not subcontract any portion of the services, product, or scope of work required under this contract. The Awarded Vendor must perform all required services utilizing its own permanent, full-time employees, equipment, and facilities. Any attempt to subcontract any portion of the performance without prior written authorization from TSLAC shall constitute a material breach of contract and may result in immediate termination.

Veteran Heroes United in Business VetHUB Subcontracting Plan (VSP) Comment by Pamela Rodriguez: Adapt this section if the overall value of project is $100K or over

2.21. The Respondent must submit a Veteran Heroes in Business VETHUB Subcontracting Plan with their response and in accordance with the following instructions. The VETHUB Subcontracting plan is a pass/fail requirement. FAILURE TO COMPLETE AND SUBMIT THE VetHUB SUBCONTRACTING PLAN (VSP) WITH THE RESPONSE WILL RESULT IN DISQUALIFICATION. The VSP form is a separate document posted with the solicitation. If you are unable to download the form from the solicitation posting, the Respondent may download the form here: https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf Additional information to complete the VSP is provided on our website:

https://www.tsl.texas.gov/sites/default/files/public/tslac/admin/Vendor%20Instructions%20for%20HSP%20Form.pdf

2.22. In accordance with Texas Government Code §2161.252 and 34 Texas Administrative Code §20.14, TSLAC has determined that subcontracting opportunities are not probable under this contract and that the contract value may exceed $100,000. Because subcontracting is not probable, any Respondent proposing to perform 100% of the work utilizing their own internal organization , staff, and equipment must complete and submit Section 3 (Self-Performance Justification) of the VSP.

Respondents are highly encouraged to contact the TSLAC Purchasing Department for assistance with completing the VSP forms.

It has been determined by TSLAC that subcontracting opportunities are not probable under this contract. Comment by Pamela Rodriguez: If HUB subcontracting opportunities are not probable for the potential contract, that information should be documented with the procurement file. This paragraph will replace the above paragraphs.

Contract Monitoring TSLAC will maintain an ongoing review and status of the Contractor’s progress toward completion of services and will certify whether the Contractor’s invoices are reasonably comparable with the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TSLAC.

The contract administration is a joint responsibility of the TSLAC State and Local Records Management (SLRM) Division and the TSLAC Purchasing Team. The TSLAC Purchasing Team administers the contractual business relationship with the Contractor. Upon contract issuance, TSLAC will designate an individual who will serve as the project manager and point of contact between the agency and the Contractor. The project manager does not have any express or implied authority to vary or amend the contract, or to waive strict performance of its terms and conditions. This individual’s project management and contract administration responsibilities include, but are not limited to:

Monitoring the Contractor’s progress and performance and ensuring services conform to established specification requirements.

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

Meeting with the Contractor to schedule service.

Reviewing progress, discussing problems, and considering necessary action as needed throughout the term of the contract.

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

Monitoring the Contractor’s prompt submission of HSP Progress Assessment Reports no later than 30 days after the subcontractor has been paid.

Submitting the Vendor Performance Report for contracts with an overall value of $25,000 or more to the CPA’s Vendor Performance Tracking System (VPTS). http://www.txsmartbuy.com/vpts Other areas as identified in the State of Texas Procurement and Contract Management Guide, current edition.

Insurance Contractor shall procure and maintain the minimum insurance coverage during the entire period of their performance under this contract. Information concerning insurance coverage is provided in the General Terms and Conditions, Paragraphs 92 and 93. (Section IV) If the statement of work in this solicitation requires installation, repairs, or maintenance on state property or on-site equipment, the Contractor must furnish a certificate of insurance as proof that the required coverage is in full force and effect. Services cannot begin until the certificate of liability insurance with TSLAC as the certificate holder has been received.

The policy must list TSLAC as the certificate holder with the following details:

Texas State Library and Archives Commission Attn: Purchasing PO Box 12729 Austin, TX 78711 Policy must contain an additional insured endorsement in the description or operations/locations/vehicles section of the certificate: “The State of Texas, acting through Texas State Library and Archives Commission and its officers and employees, is listed as an additional insured and loss payee.”

Transition TSLAC will provide assistance as needed for the efficient and smooth transfer of all TSLAC property, including but not limited to: data, publications, documents, property, equipment, and other materials which TSLAC retains ownership rights related to work provided under a previous or current contract.

Beginning Contract Phase: The awarded Contractor shall, with permission of TSLAC, be responsible for contacting the previous Contractor to request the transfer of all TSLAC property. The transition of TSLAC’s property shall occur within an agreed-upon time frame to ensure the new Contractor can begin providing services as required by TSLAC.

Property of TSLAC: All production materials supplied to or developed by the Contractor as a result of this solicitation are the property of TSLAC and shall be returned promptly and in good condition at the written request of TSLAC. The Contractor shall be responsible for all damages during the period the materials are in the Contractor’s possession, including but not limited to, when at the Contractor’s facility or at any subcontractor’s location. If damaged or lost, the materials shall be replaced at no cost to TSLAC.

Return of Materials: Return all materials at the written request of TSLAC to TSLAC’s Headquarters in Austin, Texas, using a method of shipment selected by TSLAC and a tracking number.

Contract Closure: At the end of the contract term or if the contract is terminated by either party, the Contractor shall return all TSLAC property to TSLAC or transfer all TSLAC property to all TSLAC designed Contractor immediately upon TSLAC’s request, at the agreed upon service fee.

Invoice and Payment The following procedures apply to invoicing and payment. Payments will be processed per the Texas Prompt Payment Act and will exclude sales tax. More information is provided in the General Terms and Conditions (Section IV).

Contractor to submit invoices to:

Texas State Library and Archives Commission Attn: Accounts Payable PO Box 12516 Austin, Texas 78711 Phone: (512) 463-5471 or e-mail: AP@tsl.texas.gov Invoice must include:

2.22.1. Name of Contractor, Texas Identification Number, and correct “Remit to” address

2.22.2. Name of State Agency (Receiving entity)

2.22.3. Contract/Purchase Order Number

2.22.4. Description of services and service period

2.22.5. Quantity, Unit, Price; All prices should be extended on the invoice

2.22.6. Total price

2.22.7. Discount, if applicable, extended and deducted to arrive at the Net Total for invoice

2.22.8. Attach supporting documentation, if required

Payment Schedule: Comment by Pamela Rodriguez: One or more of the payment schedules will apply to the project. Review and adapt appropriately.

2.22.9. The payment will be provided upon delivery of the Certificate of Destruction within 72 hours of collection. The Contractor will provide an invoice upon delivery.

2.22.10. Payment will be provided upon satisfactory performance of the requested services per the negotiated deliverables or milestones schedule in Section II of this solicitation.

Section III Response Instructions

1. Schedule of Events TSLAC intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TSLAC reserves the right to change the dates in the Schedule of Events upon written notification to prospective Respondents through posting an Addendum on the ESBD.

Event

Date/Time

Solicitation Posted Date:

May 29, 2026

Site Visit Period:

N/A

Pre-Submittal Conference:

N/A

Vendor Questions Due:

June 11, 2026 5:00 PM CT

Answers Posted to ESBD:

June 15, 2026

Bid Due Date:

6/22/2026 2:00 PM CT

Expected Contract Award Date:

June 30, 2026

TSLAC reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondents through a posting on the ESBD. It is the responsibility of interested Respondents to check the ESBD for all updates and changes.

Note that TSLAC is closed on the following dates and will not be available: https://www.tsl.texas.gov/holiday-closings Refer to the agency calendar for more details on agency closures.

Inquiries Clarifications: All questions or requests for clarification of this solicitation must be submitted in writing through the e-Procurement portal or via the assigned TSLAC Purchaser’s email. Questions will be collected by the due date specified in Section III, Subsection 1. Questions should be submitted in the following format:

3.1.1. For emailed questions, the subject line must state “Questions concerning Solicitation # 306-26-0450”

3.1.2. Reference the Section number, Subsection number, and page number on the solicitation

3.1.3. Question

Deadline: Questions shall be submitted no later than the date and time listed in Section III, Subsection 1 above.

Answers to Questions: TSLAC will post all questions and answers on the ESBD no later than the date listed in Section III, Subsection 1 above. It is the Respondent’s responsibility to view these questions and answers; TSLAC is not required to send a notification email when the Addendum is posted.

Response Submission TSLAC uses the Box application that will accept submission of the electronic response to this solicitation.

3.2. Submission Instructions:

3.2.1. Respondent shall upload response content using the Box Application. The link is found at: https://tslac.app.box.com/f/ccff577f8e67478981ee96f740749de0

3.2.2. Respondents will be able to modify their submissions up to the Response Due Date in the e-Procurement Portal.

3.2.3. Emailed, telephone, or faxed Responses will not be considered.

3.2.4. .

3.3. Submission Support:

3.3.1. Support through TSLAC is not guaranteed one hour prior to the submission due date. Interested Respondents are encouraged to begin the submission process at least one week prior to the bid due date. This allows time to troubleshoot any submission issues.

Response Content and Requirements Below is a summary of the required and requested information for the Bid (Response). Responses submitted without this information will be evaluated accordingly. TSLAC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

3.3.3. Response Checklist – Respondents should use Attachment 1 as a tool to ensure that all content is formatted appropriately for submission; the Response must address all criteria listed in the Response Checklist.

Required Response Content:

Respondent MUST include the following documents and information in their Response submission. Failure to submit the listed documents in the Response will result in disqualification.

3.3.4. Solicitation Coversheet – Include completed, signed, and dated Appendix A. Respondents must enter their Texas Identification Number (TINS), full company name and address. This document must be signed to be considered a valid bid. Unsigned solicitation coversheets will be disqualified.

3.3.5. Confidential Information Form – Include completed Appendix D if the Response contains confidential information as specified in Section III, Subsection 6 of this solicitation. If confidential information is not included within the Response, the form must be submitted and marked “N/A” or left blank.

3.3.6. Terms and Conditions Exceptions – Include Appendix E with the Response; If the Respondent takes any exception to any terms and conditions listed in this solicitation, these exceptions must be specifically and clearly identified by Section in the submitted Response, and the Respondent must propose an alternative language with their Response. If the Respondent does not have any exceptions, the form should be marked and submitted with “None” or left blank.

3.3.7. Company Profile – Include the Company’s Profile using Appendix B.

3.3.8. Company References – Include a minimum of three references as specified in Section II, Subsection 5.3 using Appendix B.

3.3.9. Key Personnel – Include a list of the Key Personnel for this project with their resumes in Appendix C or a reasonable facsimile; details must indicate each team member’s qualifications and experience in similar projects.

3.3.10. Equipment List – Include a completed Appendix C or a reasonable facsimile; Respondent must describe all equipment and vehicles to be used for this project in this Appendix. Respondents must include dimensions/capacities of equipment, make, model, horsepower, and intended use by bid item. For purposes of this bid evaluation, TSLAC assumes that the Respondent’s equipment list, includes all of the equipment that the Respondent is dedicating to this project and has considered in this bid. All equipment, materials, and parts not specifically mentioned which are necessary for the completion of work must be furnished by the vendor.

3.3.11. VetHUB Subcontracting Plan (VSP) – Include the completed and signed VetHUB Subcontracting Plan; Respondents must comply with the requirements of the forms. Additional information is provided in Section II, Subsection 7. Note that this form is a separate attachment with the solicitation.

3.3.12. Pricing Worksheet – Include the completed Appendix F or reasonable facsimile; All costs must be outlined and provided to deliver the requested product(s). Additional payment terms shall also be addressed in this form. Comment by Pamela Rodriguez: A form may be created in Bonfire.

Additional Response Content:

The Respondent must include the following additional documentation in their Response submission or within one (1) business day of TSLAC request. Failure to submit this additional documentation by the TSLAC-designated deadline may result in disqualification.

3.3.13. Respondent’s Contract Template, Service Agreement, or Terms and Conditions – Include the contract template, service agreement, and/or terms and conditions; Respondent should submit the document(s) as a separate attachment in Microsoft Word format with the Response. Note that this document has been requested by TSLAC and will not disqualify the respondent from further evaluation. The submitted agreement may be negotiated and incorporated into the contract if selected.

3.3.14. Certificate of Liability Insurance – Include the Certificate(s) of Liability Insurance with the appropriate coverage as stated in Section II, Subsection 9 of the solicitation. If TSLAC is not listed as the Certificate Holder, the Respondent may provide this endorsed document no later than 5 business days after an intent to award notification is received from TSLAC.

3.3.15. TSLAC Addenda, if applicable—Include signed addenda generated as part of the solicitation; addenda will be posted on the ESBD. The signed and dated addenda provides acknowledgment of receipt from the Respondent.

Response Requirements:

3.3.16. Respondent’s documentation provided with the Response must be complete and comprehensive. TSLAC will not be responsible for locating or securing information not included in the submitted Response. Failure to furnish required documentation with the Response may result as non-responsive or incomplete.

3.3.17. TSLAC will not be responsible for any expenses related to Responses or the Respondent’s development of documentation that may result from this procurement. Respondents are responsible for all costs associated with preparing a response to this solicitation.

3.3.18. All Responses must be received, and time stamped by the date and time specified in Section III, Subsection 1. The date and time stamp will be determined by the submission date and time documented in the e-Procurement Portal.

3.3.19. Late, illegible, incomplete, and otherwise non-responsive Responses will not be considered.

3.3.20. TSLAC reserves the right to reject any and/or all Responses received and to cancel this solicitation in part or in its entirety. This solicitation in no way obligates TSLAC to award a contract.

3.3.21. Responses cannot be altered or amended after the solicitation deadline or due date. No Response can be withdrawn after the solicitation deadline or due date without approval by the TSLAC Purchasing Department based on an acceptable written request.

3.3.22. All submitted Responses become the property of TSLAC after the solicitation deadline/due date. Awarded Responses may be posted with a copy of the contract on the TSLAC website. Responses submitted shall constitute an offer for a period of ninety (90) days or until a selection is made by TSLAC, whichever is earlier.

3.3.23. Respondents must comply with all rules, regulations, and statutes relating to Purchasing in the State of Texas, in addition to the other requirements of this solicitation.

3.3.24. Any terms or conditions attached to the Response will not be considered unless specifically requested within the solicitation.

3.3.25. ALL RESPONSES MUST BE SIGNED AND DATED BY A PERSON AUTHORIZED TO BIND THE COMPANY IN A CONTRACT. FAILURE TO SIGN AND DATE THE SOLICITATION COVERSHEET WILL RESULT IN THE DISQUALIFICATION OF A SUBMITTED RESPONSE.

Texas Public Information Act Responses will be subject to the Texas Public Information Act (PIA) per Texas Government Code, Chapter 552, and may be disclosed to the public upon request after award. Some information in responses may be excepted from required public disclosure under the PIA, such as trade secrets and certain commercial or financial information. Respondents are responsible for reviewing the PIA and understanding how it applies to any information submitted under this solicitation.

The Office of the Attorney General (OAG) is responsible for determining whether the information is confidential and not subject to disclosure under the PIA.

Respondents are advised to consult with their legal counsel concerning disclosure issues that could result from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

If the Response to this solicitation contains information that the Respondent claims is confidential and not subject to release under the PIA, the Respondent must prepare and submit the following information with the original Response to the solicitation. Any information not marked as confidential will be released under the PIA if requested.

3.4. Respondent must list any confidential information in Appendix D and submit a PDF copy of the Response with all information claimed as confidential redacted or blacked out.

3.5. In compliance with Texas Government Code §2261.253, all executed contracts by TSLAC will be posted on the TSLAC website, but certain confidential information may be redacted. All responses to the solicitation and any communication with TSLAC are subject to the PIA requirements. The full text of the PIA is available at: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm.

3.6. Act requirements. Additional information is located at: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm.

Evaluation and Award

3.7. Withdrawal of Response: Responses may be withdrawn by written notice of the Respondent at any time prior to award. Notice may be sent via e-mail to the Purchasing Team member specified in Section I, Subsection 3. TSLAC will mark the Response as withdrawn in the file and no further action will be taken on the Response.

3.8. Administrative Review by TSLAC Purchasing: Only a complete Response with the required content listed in Section III, Subsection 4 will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a Response being declared non-responsive. Responses that do not conform to the instructions included in this solicitation may be rejected by TSLAC. TSLAC reserves the right to reject any or all Responses and to waive informalities and minor irregularities in the responses received. No response received in the TSLAC Purchasing Department after the due date and time specified in Section III, Subsection 1 will be considered.

3.9. Best Value Criteria: The following factors will be used to evaluate bids/responses:

TSLAC reserves the right to consider Respondent's qualifications, equipment, facility, and references, conduct studies and other investigations as necessary to evaluate any response and request additional relevant information. TSLAC may check references and reports available on the Texas Comptroller of Public Accounts’ Vendor Performance Tracking System (VPTS). TSLAC is the sole judge of best value.

3.10. Clarification Request(s): TSLAC reserves the right to:

3.10.1. Request written clarification of the response; responses to clarifications must be provided by the TSLAC-provided deadline.

3.11. Disqualification Criteria: The following factors will disqualify a bid/response:

3.11.1. Unsigned Solicitation Coversheet.

3.11.2. Missing or incomplete required response content as specified in the solicitation.

3.11.3. Review of response based on unsatisfactory reference check, VPTS report(s) (score D or lower), or records of service.

3.12. Award: TSLAC will award a contract to the responsible Respondent(s) who submitted the Response considered the Best Value to TSLAC, price, and other factors considered.

3.12.1. TSLAC reserves the right to award a contract to a single contractor or awards to more than one contractor, whichever provides the best value to TSLAC in the performance of this service. TSLAC will be the sole judge of best value.

3.12.2. Negotiations will be permitted if only one qualified response is received from this solicitation.

Section IV General Terms and Conditions

ARTICLE 1. GENERAL

1. Terms and Conditions. This document is incorporated into this Solicitation for all purposes and is made part of Respondent’s contract with the Texas State Library and Archives Commission (TSLAC) by reference. Under these terms and conditions, a Purchase Order is also considered a contract between TSLAC and the Respondent.

2. Selected Definitions. When used in this document section, the following words shall include the following meanings, unless the context clearly indicates otherwise:

Agency – Texas State Library and Archives Commission or TSLAC Respondent – includes bidder, proposer, applicant, contractor, or vendor Response – includes a bid, proposal, offer, or application Solicitation – includes Invitation for Bids, Request for Proposals, Request for Offers, Request for Applications, Pricing Request, or Request for Qualifications

3. Headings. The headings, captions, and arrangements used in this Appendix are for reference and convenience only and do not alter the interpretation of this contract.

4. Applicable Law and Venue. Contracts awarded by TSLAC shall be governed by and construed in accordance with the laws of the State of Texas. The venue shall be in the courts of competent jurisdiction in Austin, Travis County, Texas. Nothing in this contract or its Appendices shall be construed to waive the State’s sovereign immunity. The federal or state courts of the United States located in Texas shall have jurisdiction to hear any dispute under this contract, and service may be made upon TSLAC by first-class mail to its address as set forth herein.

5. Conflicting Provisions. In the events of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the following order of priority: Signed TSLAC Contract, TSLAC Terms and Conditions, Attachments to the Contract, the Solicitation, and Respondent’s Response to the Solicitation.

6. Notices. Unless specifically noted elsewhere in this contract, any written notices required under this contract will be either hand delivered to Respondent’s office address specified on the signature page of this contract or to TSLAC’s Purchasing Department, 1201 Brazos Street, Room 309, Austin, Texas 78701, or by U.S. Mail, certified, return receipt requested, addressed to the appropriate foregoing address. Notice will be effective on receipt by the affected party. Either party may change the designated notice address by written notification to the other party.

7. Change in Law. Any alterations, additions, or deletions to the terms of the contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto and shall become effective on the date designated by such law or by regulation.

8. Applicable Law & Conforming Amendments. Respondent must comply with all laws, regulations, requirements, and guidelines applicable to a vendor providing services to the State of Texas as these laws, regulations, requirements, and guidelines currently…