ESBD_522721_1780584421398_802-26-77543_Electrofishers.pdf

INVITATION FOR BID

SEND INVOICE TO: RETURN BIDS TO: BIDDER MUST SIGN BELOW:

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

Purchasing.bidbox@tpwd.texas.gov Or

TPWD – Purchasing and Contracting 4200 Smith School Road

Austin, TX 78744

Bid Due Deadline:

2:00 pm CST; June 18, 2026

AUTHORIZED SIGNATURE DATE

FAILURE TO SIGN WILL DISQUALIFY BID

LOCATION OF SERVICES: QUESTIONS – SEND EMAIL TO: REQUISITION / IFB NUMBER

See specifications Purchasing.bidbox@tpwd.texas.gov 802-26-77543

FAILURE TO SIGN THE BID ABOVE WILL DISQUALIFY BID.

BID F.O.B. AGENCY RECEIVING ADDRESS UNLESS OTHERWISE SPECIFIED BELOW.

By signing this bid, Bidder certifies that if a Texas Address is shown as the address of the Bidder, Bidder qualifies as a Texas Bidder as defined in Title 34 TAC Rule 20.32(68). Bidder agrees to comply with all conditions of this bid. Show bid due date and Requisition number on sealed bid envelope and show return address of firm. Pursuant to Executive Order GA-48 of the Governor of Texas: Respondent certifies that neither it, nor its holding companies or subsidiaries is: (a) Listed in Section 889 of the 2019 National Defense Authorization Act; (b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or (c) Owned by the government of a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4; or (d) Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4.

Bidder must fill in: (See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10

TEXAS ID NUMBER ________________________________

Name of Firm ________________________________ Street Address ________________________________ City-State-Zip ________________________________ Telephone No. ________________________________ Email address ________________________________

AWARD NOTICE: The State 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 the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 120-37 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a Blanket Contract for Boat Electrofisher Systems as per the attached specifications dated June 2026.

After the initial order of three (3) Boat Electrofisher Systems, orders will be placed on an “as needed” basis.

Proprietary Specifications** These specifications and/or requirements are being advertised und Section 2155.067, Texas Government Code. If a vendor believes it can satisfy these specifications, it should respond with its product and explain how the specifications will be adequately met.

1. Smith-Root Electrofisher System-Apex Boat Control Box Pulsator and Power Unit for Pulsator, 7000 Watt unit for delivery to Tyler, Texas.

Specify Make/Model ____________________________________

Specify Warranty ______________________________________

Specify Estimated Delivery _______________________________

1 EACH $ $

2. Delivery to Tyler, Texas.

11942 FM 848

Tyler, TX 75707

1 Each $ $ mailto:Purchasing.bidbox@tpwd.texas.gov mailto:Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-26-77543 Page 2 of 26

3. Smith-Root Electrofisher System-Apex Boat Control Box Pulsator and Power Unit for Pulsator, 7000 Watt unit for delivery to San Angelo, Texas.

4. Delivery to San Angelo, Texas.

3407-A S.Chadbourne San Angelo, Texas 76904

1 Each $ $

5. Smith-Root Electrofisher System-Apex Boat Control Box Pulsator and Power Unit for Pulsator, 7000 Watt unit for delivery to San Angelo, Texas.

6. Delivery to Pottsboro, Texas.

947 Ranger Road Pottsboro, Texas 75076

1 Each $ $

Offered by a Veteran Heroes United in Business (VetHUB) certified by CPA.

PREFERENCES

See Appendix 23 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.306

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

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

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Paper containing recycled fibers in accordance with Government Code §2155.446

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Travel agents residing in Texas

FOR FURTHER INFORMATION CONTACT PURCHASER:

Vanessa D Contreras, CTCD CTCM- PHONE 512-389-4722 Email: purchasing.bidbox@tpwd.texas.gov

Solicitation 802-26-77543 Specifications for Boat Electrofisher Systems

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a Blanket Contract for Boat Electro fisher Systems as per the attached specifications dated June 2026.

After the initial order of three (3) Boat Electrofisher Systems, orders will be placed on an “as needed” basis.

2) PROPRIETARY SPECIFICATIONS**: These specifications and/or requirements are being advertised under Section 2155.067, Texas Government Code. Only responses on items conforming exactly to these specifications and/or requirements will be considered in determining an award. If a vendor believes it can satisfy these specifications, it should respond with the product name and manufacturer and document how the specifications will be adequately met.

3) TERM OF CONTRACT: Contract shall commence upon date of award and continue through August 31, 2028, unless sooner terminated under the terms of the contract.

a) Contract Renewals: This contract may be renewed for up to three (3) additional one (1) year periods, provided both parties agree in writing to do so, based on funds availability and vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the contractor shall be given written notification of the period in which the services shall occur ager being determined by TPWD.

b) Contract Extensions: In the event that the contract(s), if any, resulting from the award of this IFB 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, TPWD may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed a twelve (12) month extension period). Any extensions shall be at the same terms and conditions plus any approved changes.

4) SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

a) Example: Smith-Root, Part #12038S, Apex Boat Control Box Pulsator and Power Unit for

Pulsator to meet or exceed the following specifications.

b) Quantity: Three (3)

c) Pulsator:

i) Output Power: Seven thousand two hundred watts (7200W) continuous AC, 24,000W peak

ii) Output Voltage:

(1) 0 to 1200 Direct Current (DC) in one-volt (1v) steps

(2) 0 to 240 Voltage Alternating Current (VAC) Root Mean Square (RMS) in one-volt (1v) steps, 339 V peak

(3) Output Frequency: 1 to 1000Hz in 1Hz steps

(4) Duty Cycle: 0% to 100% in 1% steps

iii) Output Current:

(1) Eighty Ampere (80 A) peak maximum on low range

(2) Forty Ampere (40 A) peak maximum on mid-range

(3) Twenty ampere (20 A) peak maximum on high range

(4) Forty ampere (40 A) peak maximum in Alternating Current (AC) mode

(5) Twenty-four ampere (24 A) continuous at two hundred fifty volts (250V)

iv) Output Waveform:

(1) Direct Current (DC)

(2) Pulsed Direct Current (PDC)

(3) Bursts of Pulses DC

(4) Alternating Current (AC)

v) Waveform Storage: Save voltage, frequency, duty cycle and pulse type for up to twelve (12) different waveforms

vi) Overload Protection: Excessive peak current and average current to shut down the unit before damage can occur

vii) Output Indicator:

(1) Audio tone

(2) Flashing red light

(3) Plotted output waveform

(4) Charted displays for output voltage, current and power

(5) Diagnostic screen to show all inputs and outputs, including peaks and averages

viii) Metering

(1) Peak and average output current

(2) Peak and average output voltage

(3) Peak and average output power

(4) Timer and alarm

(5) Waveform settings

(6) Internal temperature

(7) Error messages

(8) Fault conditions

ix) Output on timer: 0 to 99,999 seconds and resettable function

x) User Configurable Alert: 1 to 3,600 seconds with alert at the end of count

xi) Safety Requirements:

(1) Sound: Alert when the unit is turned on, when an error/fault/warning occurs, and when the foot switch is activated

(2) Light Emitting Diode (LED) lights on the face of the unit to be in sync with sound when the unit is turned on, when an error/fault/warning occurs, and when the foot switch is activated

(3) Overload protection: excessive peak current and average current to shut down the unit to avoid damage to the unit

(4) Data logging, Global Positioning System (GPS) referenced:

(a) Output peak and average voltage

(b) Current

(c) Power

(d) Waveform

(e) Integrated GPS coordinates recorded while electrofishing

(f) Time and date stamp

(g) Temperature

(h) Elevation

(i) Timer

(5) Data Port: Universal Serial Bus (USB) 2.0 to support download of data log file and upload of software updates

(i) Display: Color, sunlight readable, approximate five (5) inch display

(ii) Real-time on-screen data visualization

(iii) On-board tutorial function to provide voltage, duty cycle, and frequency outputs to educate users while in the field

(6) Input Power: 240 VAC 50/60 Hz 30 A maximum

(7) Display: Color, sunlight readable, approximate five (5) inch display

(8) Real-time on-screen data visualization

(9) On-board tutorial function to provide voltage, duty cycle, and frequency outputs to educate users while in the field

(10) Input Power: 240 VAC 50/60 Hz 30 A maximum

(11) Cable Requirements:

(a) For the quantity of one (1) Smith-Root, Part #12038S, Boat Electrofisher Systems to be delivered to Tyler, Texas

(i) One (1) fifteen-foot (15’) cathode cable with lug ring

(ii) Two (2) forty- foot (40’) anode cables with lug ring

(iii) One (1) foot switch twenty-five-foot (25’) cable

(iv) Prefer one (1) ten foot (10’) input power cable

(b) For the quantity of one (1) Smith-Root, Part #12038S, Boat Electrofisher Systems to be delivered to Pottsboro, Texas

(i) One (1) fifteen-foot(15’) cathode cable with lug ring

(ii) Two (2) forty-foot (40’) anode cables with lug ring

(iii) One (1) Footswitch twenty-five (25’) cable

(iv) One (1) ten-foot (10’) input power cable

(c) For the quantity of one (1) Smith-Root, Part #12038S, Boat Electrofisher System.

System to be delivered to San Angelo, Texas

(i) One (1) fifteen-foot (15’) cathode cable with lug ring

(ii) Two (2) forty-foot (40’) anode cables with lug ring

(iii) One (1) foot switch with twenty-five-foot (25’) cables

(iv) One (1) ten-foot (10’) input power cable

(12) Cooling method: One (1) external fan and two (2) built-in dissipation channels

(13) Pulsator weight: approximately fifty-three pounds (53 lb.)

(14) Pulsator dimensions: approximately thirteen inches (13”) height x twenty-one inches (21”) width x eighteen inches (18”) depth

d) Power Units for Pulsators shall meet or exceed the following specifications:

i) Quantity: Three (3)

ii) Seven-thousand watt (7000w) systems

iii) Starting Watts: Seven thousand watts (7000w), maximum

iv) Running Watts: Five thousand five hundred watts (5500w), minimum

v) Displacement: Approximately three hundred eighty-nine cubic centimeters (389cc)

vi) Starting system: Electric with push button or key start. Shall include recoil starting as a backup starting function

vii) AC Voltage Regulation Type: Inverter (quiet)

viii) 120 volt and 120/240-volt selector switch to be included

ix) Receptacles to be included:

(1) Alternating Current (AC) Receptacles: Two (2) 120 volt

(2) Ground Fault Circuit Interrupter (GFCI): Two (2) 20 amp

x) Circuit Breakers: Electronic to protect the power unit from overload

xi) Fuel tank capacity: Approximately five gallons (5 gal.)

xii) Fuel Type: gasoline

xiii) Fuel gauge to be included

xiv) System Tracking:

(1) Hours of operation

(2) Wattage and engine speed

(3) Service diagnostics

xv) Safety Features:

(1) Low oil alert

(2) Carbon monoxide detection system

xvi) Dimensions: Approximately thirty-four inches (34”) Length x twenty-eight inches (28”) width x twenty-nine inches (29”) height

xvii) Weight: Approximately two hundred sixty pounds (260 lb.)

6) REFERENCED BRAND EXAMPLE: Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered. If proposing other than the referenced brands/model number, Respondent must show manufacturer, brand or trade name, product number and provide complete descriptive information of product offered and include with response. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

7) REQUIREMENTS:

a) Condition of Product: New Equipment ONLY; NO re-manufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. The unit shall be made ready for continuous operation upon delivery. Responded is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

b) All Parts: All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor.

All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry.

c) Quantities: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints.

d) Manuals: Manuals containing illustrated parts list, operating and service instructions for the unit shall be delivered with unit. Manual shall outline all necessary service and operating instructions for the unit delivered and provide necessary warning and safety precautions.

e) Warranty Requirements: The unit shall be warranted against defects in material and workmanship for the Manufacturer’s Standard Warranty for government use. The warranty begins on the date the unit is determined to meet specifications and accepted by TPWD:

8) PERFORMANCE MEASURES:

a) Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this IFB and shall not be relieved due to non-performance of any or all subcontractor(s). By submitting a bid, the Respondent commits to providing the goods and services required herein. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards, and guidelines relevant to the execution of the awarded contract.

b) TPWD will measure and evaluate the Contractor’s and/or Subcontractor(s) performance under the contract. If the Contractor or Subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if Contractor or Subcontractor fails to meet their responsibilities as outlined in the IFB and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of services and deliverables, TPWD may seek or impose remedies with the contractor. Remedies shall include negative vendor performance report(s), corrective action plans, and withholding of payments due to poor performance and contract non-compliance.

c) TPWD will monitor vendor performance. Failure to provide services in accordance with the requirements specified herein, and the resulting contract(s) and adherence to the Terms and Conditions may be considered by TPWD as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, cancellation of the contract, or both.

9) TPWD RESPONSIBILITIES:

a) TPWD will designate a Contract/Project Manager upon award. The TPWD Project Manager is to have free access to Contractor’s supplies, equipment, and work product at all times for inspection and audit.

b) TPWD will furnish no labor, materials, equipment, or facilities unless otherwise provided for in the contract.

10) QUANTITIES: Quantities listed herein are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds. TPWD will only pay for actual goods received or services performed.

11) INQUIRES:

a) CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Vanessa D Contreras, CTCD CTCM Phone Number: 512-389-4722 Texas Parks and Wildlife Department 4200 Smith School Road Email: purchasing.bidbox@tpwd.texas.gov Austin, TX 78744

b) CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be emailed to the point of contact listed in Section a) above. Questions should be submitted in the following format: a) Reference the Solicitation number; b) reference the Section Number, page number, paragraph number, and text passage being questioned; and c) Question.

c) PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representatives, or partners, will not answer questions or otherwise discuss the content of this Solicitation with any potential Respondent or their representative(s), except for written inquiries described in Section b) above.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

12) DELIVERY AND ACCEPTANCE:

a) Project Completion Delays: If delay is foreseen, Contractor shall give written notice to TPWD. Default in promised completion without accepted reasons or failure to meet specifications authorizes TPWD to purchase services of this contract elsewhere and charge any increased costs for the services, including the cost of resoliciting, to the Contractor.

b) Acceptance: All services performed will be subject to acceptance inspection upon completion.

Acceptance inspection will not take more than five (5) working days, weather permitting. Contractor will be notified within this time frame of any units not delivered or work not performed in full compliance with the purchase order specifications.

mailto:purchasing.bidbox@tpwd.texas.gov

13) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

i) Bid Submission:

(1) Submission Deadline: All bids shall be received and time stamped at TPWD prior to 2:00 PM

Central Standard Time on the Bid Due Deadline date specified on the IFB Cover Page (Page 1).

Late bids will not be considered under any circumstances and will be returned.

(2) General Format: Respondent shall submit bid response, signed, dated, and completed.

(3) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail or hand-delivered.

(4) Bids submitted by mail or hand-delivery should be placed in a sealed envelope and correctly identified with IFB number and Bid Due Deadline date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date and time.

(5) Respondents are responsible for all costs of bid preparation.

(6) Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date.

14) EVALUATION AND AWARD:

a) An award will be made on an all or none basis. Only responses submitted by the bid due deadline, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for the rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

b) TPWD reserves the right to consider Respondent qualifications, equipment, facilities, references;

conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports, and records of service.

c) Award: TPWD will award a Contract to the Respondent whose quote is considered to be the Best Value to TPWD, price and other factors considered. The following factors may be used to evaluate bids:

ii) Lowest Price

iii) Ability, Qualifications and Experience – Meeting or Exceeding the Requirement

iv) Delivery / Service Schedule

v) Past Performance

vi) Life Cycle Costs

vii) Installation Costs

15) INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Paragraph 9.

a) Contractor to submit invoice(s) to: accounts.payable@tpwd.texas.gov or Texas Parks and Wildlife, Accounts Payable, 4200 Smith School Road, Austin, TX 78744.

b) Invoices must show:

i) Name of Contractor exactly as shown on the Contract, Texas Payee Identification Number (PIN), and correct “Remit to” address

ii) Name of receiving entity mailto:Purchasing.BidBox@tpwd.texas.gov mailto:accounts.payable@tpwd.texas.gov

iii) Contract/Purchase Order Number

iv) Description, quantity, unit of measure, unit price, extended price of each item

v) Total price

vi) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

vii) Attach supporting documentation, if required

c) Payment:

i) Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then Contractor will be paid in accordance with the agreement approved by the parties.

ii) Payment normally will be made to the Contractor within thirty (30) days after receipt of a properly prepared invoice, or the receipt of and acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days.

iii) Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts (CPA). Payments by qualified ordering entities will be made through the entities’ local payment system.

iv) Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

16) BIDDER AFFIRMATION:

a) Bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant connected with the submitted bid.

b) Pursuant to Texas Government Code, Tile 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

GENERAL TERMS AND CONDITIONS

OCTOBER 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

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

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

http://www.txsmartbuy.gov/esbd

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.gov/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

http://www.txsmartbuy.gov/vpts

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

15. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

16. NAME CHANGES AND SALES:

16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to

TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation. TPWD may request other information about the change and its impact on the Contract and the Contractor shall supply the requested information within five (5) working days of receipt of the request.

16.2. TPWD may terminate the Contract due to a sale of or change to the Contractor that materially alters the Contractor's ability to perform under the Contract. The TPWD has the sole discretion to determine if termination is appropriate.

17. CONTRACTOR RESPONSIBILITIES:

17.1. Contractor agrees to comply with all terms and conditions contained in this solicitation and resulting

Contract.

17.2. Contractor guarantees services offered will meet or exceed the written specifications identified in this solicitation.

17.3. Permits: Contractor shall be responsible, at the Contractor’s expense, for obtaining any and all permits or licenses required by city, county, state, or federal rules, regulations, law, or codes that pertain to the Contract.

17.4. Electrical Items: All electrical items provided by the Contractor to TPWD under the Contract must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

17.5. Executive Head: Pursuant to Gov't Code §669.003, the TPWD may not enter into a contract with a person who employs a current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Respondent certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

Name of former executive: ________________________________ Name of state agency: ___________________________________ Date of separation from state agency: _______________________ Position with Respondent: _________________________________ Date of employment with Respondent: _______________________

17.6. Contractor agrees to take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

17.7. Contractor agrees to comply with Federal law or State Worker’s Compensation laws which are applicable to the work required or performed under this Contract and to pay or cause to be paid all compensation, medical or hospital bills which may become due or payable thereunder, and to protect and indemnify TPWD from and against any and all liability by reason of injury to employees of Contractor or subcontractor.

17.8. Contractor shall provide all labor, equipment, and materials (unless otherwise stated herein) necessary to furnish the goods or perform the service. All employees of the Contractor shall be a minimum of 17 years of age and experienced in the type of work to be performed. Only the Contractor and its employees will be allowed on state property during working hours.

18. TERMINATED CONTRACTS: By submitting a Response, the Respondent certifies that it has not had a Contract terminated or been denied the renewal of any Contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Respondent does have such a terminated Contract, the Respondent shall identify each and provide an explanation for the termination.

19. INDEPENDENT CONTRACTOR: The Contract shall not render the Contractor an employee, officer, or agent of the TPWD for any purpose. The Contractor is and shall remain an independent Contractor in relationship to the TPWD. The TPWD shall not be responsible for withholding taxes from payments made under the Contract. The Contractor shall have no claim against the TPWD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. RIGHT TO AUDIT / RECORDS RETENTION: Under Section 2262.154 of the Texas Gov’t Code, the State Auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any Contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Contractor or other entity or person directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the State Auditor’s Office, TPWD or any successor agency, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Contractor or other entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Contractor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under these Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and the State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of this Contract. Contractor and the subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Contractor must retain all work and other supporting documents pertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by TPWD and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor. Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State’s work as requested.