ESBD_528692_1782832617724_IFB 458-E260214 POE Presidio Booth FINAL.pdf

TEXAS ALCOHOLIC BEVERAGE COMMISSION

INVITATION FOR BID 458-E260214

PRESIDIO PORT OF ENTRY PRE-FAB BOOTH

Class/Item: 909-25 Building Construction, Prefabricated, All Types

AUTHORIZED SIGNATURE DATE

MANDATORY PRE-BID VIRTUAL

CONFERENCE July 14, 2026, 10:00 am CDT

BID DUE DATE July 30, 2026, 5:00 pm CDT

REQUISITION NO. E260214

FAILURE TO SIGN WILL DISQUALIFY BID

BY RETURNING THIS FORM, BIDDER

AGREES TO COMPLY WITH ALL

TERMS & CONDITIONS OF THIS IFB

TEXAS ID NUMBER ____________________________

VENDOR NAME _______________________________

VENDOR ADDRESS

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS

PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST

CONTRACT AWARDS.

AGENCY TO INVOICE

Texas Alcoholic Beverage Commission

P.O. BOX 13127

Austin, TX 78711

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

Texas Alcoholic Beverage Commission Port of Entry Location

99400 US Hwy 67, Presidio, TX 79845

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 34 TAC Rule 20.32(68).

RETURN BIDS TO

solicitation.responses@tabc.texas.gov

OR OVERNIGHT/EXPRESS MAIL TO:

Texas Alcoholic Beverage Commission

P.O. BOX 13127

Austin, TX 78711 mailto:solicitation.responses@tabc.texas.gov

IFB No. 458-E260214

IFB 06/2026 Page 2 of 30

TEXAS ALCOHOLIC BEVERAGE COMMISSION

INVITATION FOR BID 458-E260214

The Texas Alcoholic Beverage Commission (TABC) is seeking to establish a contract to provide a prefabricated steel booth and installation in accordance with the attached specifications dated June 2026. All items shall be bid in accordance with the TABC Terms & Conditions.

Class/Item: 909-25 Building Construction, Prefabricated, All Types

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION

1 Prefabricated Steel Booth, 7’ W x 11’ D x 8‘

H; including electrical and accessories.

Specify Make: ________________________

Specify Model: _______________________

Specify Warranty: _____________________

1 EA $ $

2 Delivery to TABC Port of Entry Location, 99400 US Hwy 67, Presidio, TX 79845.

Specify Estimated Delivery ARO:

3 Disconnection and moving of existing booth (approximately 75 yards), including forklift service.

1 EA $ $

4 Installation, including forklift service and electrical connection, at TABC Port of Entry Location, 99400 US Hwy 67, Presidio, TX 79845.

TOTAL

AWARD NOTICE: The State of Texas reserves the right to award based on low line-item bid, low total of line items, or in any other combination that will serve the best interests of the State of Texas.

VENDOR NAME

IFB 06/2026 Page 3 of 30

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 20.38

� Goods produced of 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.

� Recycled or reused computer equipment of other manufacturers.

� Foods of higher nutritional value.

IFB 06/2026 Page 4 of 30

Solicitation 458-E260214 Specifications for Port of Entry Presidio Prefabricated Steel Booth

1. INTRODUCTION: Texas Alcoholic Beverage Commission (TABC) is seeking to establish a contract to provide a prefabricated steel booth in accordance with the attached specifications dated, June 2026. All items shall be bid in accordance with the TABC Terms & Conditions.

2. TERM OF CONTRACT:

a. Initial Term: This contract shall commence upon contract execution, through date of full delivery, unless sooner terminated or extended under the terms of this contract.

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

3. BRAND SUBSTITUTIONS: Substitutions for specified brands are allowed and must be specified as such in the submitted proposals.

4. SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

a. TABC intends to award a contract for a unit manufactured in full compliance with applicable legal standards. Unit shall be designed to meet all applicable load requirements and energy codes. Bids shall include detailed drawings, structural calculations, and energy calculations for the State approval process. Service to commence upon receipt of Purchase Order and include disconnection and moving of existing booth as well as install and electrical hookup of the new booth.

b. Existing booth to be safely disconnected and relocated to an area approximately 100 yards from the current location. Please see Attachment A for reference.

c. One (1) prefabricated steel booth measuring 7’ W x 11’ D x 8‘ H to be delivered and installed at TABC Port of Entry Location, 99400 US Hwy 67, Presidio, TX 79845:

i. Structural

1. Frame: The frame should include structural mechanical steel tubing, formed for accuracy.

2. Wall System: The unit should include a continuously insulated wall system that maintains insulation from the floor to the soffit. The interior walls should have insulation.

3. Floor: The unit should have a galvanized steel plate floor covered with black polyvinyl chloride commercial black resilient textured interlocking tiles, or TABC approved equivalent. Building must sit flush with the existing 12 foot by 8 foot concrete foundation and will be constructed with the ability to be off loaded from a transportation vehicle using a forklift.

ii. Roof

1. The roof should be steel construction with insulation designed for exterior use. The roof shall have a 12” fascia with 12” overhang on all sides. Unit shall have downspouts for drainage at the rear and lifting eyes for hoisting by crane.

iii. Doors & Windows

1. Doors: Unit should have commercial grade steel framed slide doors. The doors should have 30”x30” extended overhang to provide rain protection at door opening.

IFB 06/2026 Page 5 of 30

2. Windows: Unit should be constructed with a steel window frame system with a large horizontal sliding window on the left side(center) and fixed windows on all other sides. All windows shall be glazed with tinted, tempered, dual-pane insulating glass with Low-E coating.

iv. Electrical

1. Lights: Unit should have an interior 1’x4’ LED light with wall occupancy dimmer switch.

Exterior lights should be affixed to the overhang on the long sides of booth and include two top corner flood lights with independent switches located on the service side/or side of booth.

2. Outlets/Junction Boxes: Unit shall have a junction box system mounted under the front shelf with a total of two (2) double gang junction boxes under the stainless desk counter, and three (3) single gang junction boxes, one located on each adjacent wall.

a. Unit shall have a single gang ground fault circuit interrupter (GFCI) outlet on each long exterior lower wall.

b. Unit shall have two (2) duplex outlets mounted on the fascia with weatherproof covers.

c. Main electrical connections should be located on the front of booth due to location of existing electrical incoming lines.

3. Load Center: Unit should have one (1) electrical panel on the right wall. The panel should be surface-mounted, handle up to 125 amps, and support 120/240 volts, single-phase, with 3 wires and space for 12 circuits. The contractor must use copper wiring no smaller than #12 gauge inside metal conduit. For any hidden wiring, contractor shall use approved flexible conduit.

4. Air Conditioner: Unit to be split unit air conditioner with a minimum of 14,900 British thermal units (BTU) cooling unit.

5. Heating: Unit should include floor mounted electric heating.

v. Accessories

1. Shelf

a. Interior: Unit should have a 18" deep stainless-steel front shelf with two stainless steel locking utility drawers below mounted at 34" Above Finished Floor (AFF).

The shelf should have a custom removable 12” deep, two-piece, double tier shelf system. The lower tier is to be 24” above the countertop, and the upper tier is to be 12” above the lower tier.

b. Exterior: Unit should have a 12” x 36” exterior stainless steel service counter on the door side of building with heavy duty brackets to be able to sustain 40 lbs.

c. Data ports and phone line outlets will be required for this unit.

vi. Weather Proofing and Finish

1. Weather Proofing: All seams and joints should be pressure bonderized, all openings to be fully weather stripped, roof to have weather seal.

2. Finish: Unit should be primed with heavy duty rust inhibitive high solid primer, finished with a fade resistant gloss, one (1) paint color will be used for the entire booth inside and out.

IFB 06/2026 Page 6 of 30

Preferred color is light gray to match US Customs booths, further info to be provided by

TABC.

3. Insulation: Unit floor, roof, and walls should be insulated to provide sufficient thermal, moisture, and vapor barriers that withstand the local climate and allow for daily use.

d. Drawing Plans: The Respondent is required to provide drawing plans that are certified by an engineering firm. The State of Texas will review the drawings and physically inspect the facility to determine if all standards are met, including energy and electrical codes.

e. Existing car-port canopy will need to be worked around or moved and returned to its previous position by Contractor, as warranted by Contractor recommendation. Please see Attachment A for reference.

f. Delivery of booth: Booth to be delivered and installed, including electrical hookup, at TABC Port of Entry Location, 99400 US Hwy 67, Presidio, TX 79845.

g. See Attachment A for Reference Photos of Existing Booth, Existing Car-Port Canopy, Location, and New Booth Examples.

i. Reference Photos of Existing Booth pages 17-21.

ii. Approximate Locations Aerial Map page 22.

iii. New Booth Examples pages 23-25.

iv. Existing Car-Port Canopy pages 26-29.

5. VENDOR REQUIREMENTS:

a. Respondent should have at least five (5) years experience in installing pre-engineered building systems.

Project History: Any relevant project history must be identified within bid.

b. Subcontracting: Subcontractors providing service under the Contract shall meet the same requirements and level of experience as required of the Contractor. No subcontract under the Purchase Order shall relieve the primary Contractor of responsibility for the service. If the Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

i. Respondents planning to subcontract all, or a portion of the work shall identify the proposed subcontractors.

ii. Subcontracting shall be at the Contractor’s expense.

iii. TABC retains the right to check subcontractor’s background and make determination to approve or reject the use of submitted subcontractors.

iv. The Contractor shall be the only Contact for TABC and subcontractors. Respondent shall list a designated point of contact for all TABC and subcontractor inquiries.

v. The Contractor, in subcontracting for any performances specified herein, expressly understands, and acknowledges that in entering into such subcontract(s), TABC is in no manner liable to any subcontractor(s) of the Contractor. In no event shall this provision relieve the Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this solicitation and Contract. The Contractor shall manage all quality and performance, project management, and schedules for subcontractors. The Contractor shall be held solely responsible and accountable for the completion of all work for which the Contractor has subcontracted.

IFB 06/2026 Page 7 of 30

6. INSURANCE:

a. Required Coverage

For the duration of any contract resulting from this solicitation, Respondent shall acquire insurance, bonds, or both, if applicable, with financially sound and reputable independent insurers, in the type and amount customarily carried within the industry. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

7. MANDATORY PRE-BID VIRTUAL CONFERENCE:

a. Interested bidders must attend a pre-bid virtual conference on July 14, 2026, 10:00 am CDT, virtual software to be determined.

i. Please reach out to the contacts below to reserve a spot and receive an invitation to the virtual conference.

b. Pre-Bid Virtual Conference Point of Contact: Casey Heideman, casey.heideman@tabc.texas.gov, (512)

206-3265.

i. Back up Contact: Eddie Torres, eddie.torres@tabc.texas.gov, (956) 722-0404.

8. STIPULATIONS: Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov't Code).

a. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

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

c. No substitutions permitted without written approval of TABC.

d. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

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

f. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB).

g. Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.

9. ADDING NEW PRODUCTS/SERVICES AFTER CONTRACT AWARD:

Following 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 successful respondent to quote on the proposed additional products/services.

Respondent shall submit proposals to TABC as instructed. All prices are subject to negotiation with the Best and Final Offer (BAFO). TABC may accept or reject any or all proposals and may issue a separate solicitation for products/services after rejecting some or all responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

mailto:casey.heideman@tabc.texas.gov mailto:eddie.torres@tabc.texas.gov

IFB 06/2026 Page 8 of 30

10. COST/PRICE ADJUSTMENTS:

a. 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 successful respondent to quote on the proposed additional products/services. Respondent shall submit proposals to TABC as instructed. All prices are subject to negotiation with the Best and Final Offer (BAFO). TABC may accept or reject any or all proposals and may issue a separate solicitation for products/services after rejecting some or all responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

b. Price decreases will be accepted at any time after award. Vendor must immediately pass on any price decreases to TABC.

c. Price Increases may be allowed upon renewal provided the vendor notified TABC in writing prior to renewal. Request for price increase must be provided with appropriate documentation to justify such increase. TABC reserves the option to approve the increase, negotiate the increase, or deny.

11. DELIVERY AND ACCEPTANCE:

a. Freight Charges: Shipping shall be F.O.B destination; therefore, unit prices must include all shipping, handling, fuel surcharges, and delivery fees.

b. Delivery Schedule: Service will commence upon receipt of Purchase Order. Vendor must contact TABC point of contact to schedule delivery date and time. Vendor shall provide two (2) weeks notice prior to delivery.

c. Delivery Address: Deliver to TABC Port of Entry Location, 99400 US Hwy 67, Presidio, TX 79845.

d. Delivery Point of Contact: Eddie Torres, eddie.torres@tabc.texas.gov, (956) 722-0404

e. Delivery Delays: If delay is foreseen, Contractor shall give written notice to TABC and must keep TABC advised at all times of status of order. Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes TABC to purchase goods and services of this contract elsewhere.

f. Delivery Days: Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

g. Complaint Products: Delivery does not occur until the Contractor delivers products, materials, or services in full compliance with the specifications to Customer’s F.O.B destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery. Customer reserves the right to require new delivery or a refund if materials or products not meeting specifications are discovered after payment has been made.

h. Acceptance: All equipment ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more that five (5) working days.

Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

12. INQUIRES:

a. Contact and Clarifications: TABC will allow written requests for clarification of this solicitation. All requests, questions or other communications about this solicitation shall be made in writing to TABC’s Procurement Department, by e-mail, to solicitation.responses@tabc.texas.gov. Questions should be mailto:eddie.torres@tabc.texas.gov

IFB 06/2026 Page 9 of 30 submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, page number, paragraph number, and text of passage being questioned; and c) Question.

b. Prohibited Communications: Upon issuance of this solicitation, TABC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential respondent or their representative(s), except for the written inquiries described in Section 9.a above.

13. SCHEDULE:

Date and Time IFB Released/Advertised on ESBD 06/30/2026 Mandatory Pre-Bid Virtual Meeting 07/14/2026 (10:00AM CDT) Vendor questions due via email 07/17/2026 Addendum for questions posted by TABC 07/20/2026 Proposal Deadline 07/30/2026 (5:00PM CDT) Bid Evaluation 08/03/2026 – 08/11/2026 Notice of Award via ESBD 09/04/2026

14. TABC PROCUREMENT POINT OF CONTACT:

a. Primary Point of Contact: Casey Heideman

i. Email: solicitation.responses@tabc.texas.gov

b. Secondary Point of Contact: Kate Lype

i. Email: solicitation.responses@tabc.texas.gov

15. BID RESPONSE INSTRUCTIONS:

a. Bid Submission:

i. Submission Deadline: All bids shall be received, and time stamped at TABC prior to 5:00 PM

Central Time on the Bid Due Date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance.

ii. Bid Submission Requirements: Failure to submit this information will result in disqualification of bid. Respondent shall:

1. Page 1 of IFB, completed, signed, dated. The person signing bid must have the authority to bind the firm in a contract.

a. Bid prices are requested to be firm for TABC acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

2. Submit Page 2 bid response, completed.

a. Firm Name: firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

b. Brand Name/Model: Respondents to specify Brand/Model of quoted product.

Failure to take exception to specifications or referenced data will require Respondent to furnish specified brand name and model, etc. (Respondent may be required to submit product spec sheets and/ or other documentation prior to award).

IFB 06/2026 Page 10 of 30

c. Descriptive Literature: Respondent should provide descriptive literature (product specification sheets) with response submission. Literature to address all salient characteristics, and clearly document that the offered product meets salient characteristics stated in the specifications. Note: Respondent may be required to submit product specification sheets and/or other documentation prior to award.

d. Delivery: Respondent to specify delivery time from receipt of TABC order. Quote

FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

e. Unit Price: Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

f. Purchases made for the State of Texas use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

3. Veteran Heroes United in Business Vendors (VetHUB) Subcontracting Plan (HSP) is required for services that exceed $100,000. This opportunity does not require a HSP plan to be submitted, however, use of Veteran Heroes United in Business Vendors (VetHUB) for subcontracting opportunities is recommended.

iii. Bid Delivery: E- MAIL submittals are preferred and highly encouraged for this solicitation.

1. Submit in PDF format as attachment to an e-mail. Links to bid in shared drives such as

DropBox or Google or any other clickable link in an e-mail or cloud hosting platform are not acceptable. Bids may be returned via e-mail to solicitation.responses@tabc.texas.gov, or by mail, or overnight/express service to the address on Page 1.

2. TABC file size receipt limit to solicitation.responses@tabc.texas.gov is 153.6 mB and 51.2mB to individual staff email addresses.

3. To ensure that TABC receives your entire response and that no files are lost in transition, you may also send a separate confirmation email to the TABC point of contact at casey.heideman@tabc.texas.gov stating that you submitted your Response by the deadline in the Schedule of Events.

a. The confirmation email must include:

i. The subject line of each email sent.

ii. The title of each document attached to each email.

iii. The time and to whom each email was sent.

iv. Bid Submission: Emailed bids should include the following information in the e-mail “Subject” line: IFB Number and submittal deadline and opening date and time. Bids returned by mail, overnight/express service, or hand-delivery should be placed in a sealed envelope and correctly identified with IFB number and submittal deadline and opening date and time. It is the Bidder’s responsibility to return bids to TABC by the specified date and time.

1. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the TABC based on an acceptable written reason.

2. Consistent and continued tie bidding could cause rejection of bids by the TABC and/or investigation for antitrust violations.

v. Respondents are responsible for all costs of bid preparation.

mailto:casey.heideman@tabc.texas.gov

IFB 06/2026 Page 11 of 30

16. EVALUATION AND AWARD:

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

b. TABC reserves the right to consider respondent qualifications, equipment, facility, 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: TABC will award a Contract to the respondent whose quote is the Best Value to TABC, price and other factors considered. The following factors may be used to evaluate bids.

i. Lowest Price;

ii. Ability, Qualifications and Experience – Meeting or Exceeding the Requirement;

iii. Delivery / Service Schedule;

iv. Past Performance.

d. TIE BIDS: Awards will be made in accordance with 34 TAC Rules 20.207 and 20.306 (Preferences).

17. INVOICING AND PAYMENT:

a. Contractor to submit invoice(s) to: Texas Alcoholic Beverage Commission, Accounts Payable, 5806 Mesa Dr, Austin, TX 78731.

b. Invoice(s) 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

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 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 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of goods/services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

iii. Payments for goods/services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. 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 invoicing@tabc.texas.gov for additional information.

18. BIDDER AFFIRMATION:

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

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

19. CONTRACT REMEDIES:

mailto:invoicing@tabc.texas.gov

IFB 06/2026 Page 12 of 30

a. Liquidated Damages

i. TABC may assess liquidated damages when the Contractor fails to meet any delivery requirement, service level, or performance standard identified in the Contract. Because actual damages may be difficult to determine, the Parties agree that TABC may assess liquidated damages in the amount specified in the Contract for each calendar day of non-performance or late performance.

Liquidated damages may be deducted from any payments owed to the Contractor.

b. Vendor Performance Tracking System (VPTS) Reporting

i. TABC will report vendor performance to the Texas Comptroller of Public Accounts’ Vendor

Performance Tracking System (VPTS) as required by Texas Government Code §2155.089.

Performance issues including late delivery, failure to meet specifications, substandard performance, or non‑compliance with Contract requirements may result in a negative rating.

c. Corrective Action Plan (CAP)

i. If the Contractor fails to meet any requirement of the Contract, TABC may require the Contractor to submit a written Corrective Action Plan (CAP) within a timeframe specified by TABC. The CAP must include:

1. description of the issue;

2. root‑cause analysis;

3. corrective and preventive measures;

4. implementation timeline; and

5. responsible personnel.

ii. Failure to submit an acceptable CAP or failure to comply with the approved CAP may result in additional remedies, including withholding of payment or contract termination.

d. Withholding of Payment

i. TABC may withhold all or part of a payment if the Contractor fails to deliver goods or services in accordance with Contract requirements. Withheld amounts will be released only after the Contractor corrects the deficiency to TABC’s satisfaction. Withholding payment does not limit TABC’s ability to seek other remedies under the Contract or applicable law.

e. Re-procurement Costs

i. If the Contractor fails to comply with any material requirement of the Contract and TABC obtains substitute goods or services through re‑procurement, the Contractor may be liable for any additional costs incurred by TABC, including administrative and operational costs.

f. Suspension or Removal from Consideration

i. Material non‑performance or repeated performance issues may subject the Contractor to suspension from future TABC solicitations, in accordance with state procurement rules and TABC policy.

g. Termination

i. TABC may terminate the Contract, in whole or in part, for cause if the Contractor fails to perform any of its obligations or breaches any term of the Contract. TABC may also terminate the Contract for convenience, in which case the Contractor is entitled only to payment for acceptable goods and services received by TABC prior to the effective date of termination.

IFB 06/2026 Page 13 of 30

STANDARD TERMS AND CONDITIONS:

ITEMS BELOW APPLY TO AND BECOME PART OF BID.

ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. INSPECTION AND TESTS:

All goods will be subject to inspection and test by the State. Authorized TABC personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance.

2. AWARD OF CONTRACT:

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §§2155.074, 2156.007, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

3. PAYMENT:

Bidder shall submit one (1) copy of an itemized invoice showing State order number and agency requisition number on all copies. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code.

4. PATENTS, TRADEMARKS, OR COPYRIGHTS:

Bidder agrees to defend and indemnify TABC and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of TABC's or the State's use of any good or service provided by the bidder as a result of this IFB.

5. BIDDER ASSIGNMENTS:

Bidder hereby assigns to TABC any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq.

6. BIDDER AFFIRMATIONS:

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid and any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

i. The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

ii. Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

iii. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this IFB.

iv. Pursuant to §231.006(d), Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

v. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated, and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

vi. As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in

IFB 06/2026 Page 14 of 30 full. Bidder shall comply with rules adopted by the Comptroller under §§403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.

vii. Pursuant to §669.003, Gov't Code, TABC may not enter into a contract with a person who employs a current or former executive head of TABC until four years has passed since that person was the executive head of the TABC.by submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the TABC in the past four years. If bidder does employ a person who was the executive head of the TABC, provide the following information:

STANDARD TERMS AND CONDITIONS

Name of Former Executive: _______________________________________________________________ Name of State Agency: __________________________________________________________________ Date of Separation from State Agency: ______________________________________________________ Position with Bidder: ____________________________________________________________________ Date of Employment with Bidder: ___________________________________________________________

FEDERAL PRIVACY ACT NOTICE:

Disclosure of requested Social Security Numbers (SSNs) is required under Section 231.006(c) and Section 231.302(c)(2), Texas Family Code. The SSNs will be used to identify persons that may owe child support. The SSNs will be kept confidential to the fullest extent permitted by law. Failure by a Respondent to provide the required SSNs may result in disqualification of the Respondent's Solicitation Response.

a. In accordance with §2155.4441, Gov't Code, bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

b. Bidder certifies that it is in compliance with all State of Texas statutes and rules relating to procurement and that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov

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

7. Bidder represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

a. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TABC under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

b. Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code

c. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Respondent will not allow any former employee of TABC to perform services under any contract resulting from this Solicitation during the twelve (12) month period immediately following the employee’s last date of employment at TABC.

d. Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TABC who during the period of state service or employment participated on behalf of TABC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TABC ceased.

8. Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to TABC under this Solicitation and any resulting contract and that Respondent’s provision of the requested goods and/or services under this Solicitation and any resulting contract would not reasonably create an appearance of impropriety

9. Pursuant to Texas Government Code §2270.002, Bidder affirms that it: (a) does not boycott Israel; and (b) will not boycott Israel during the term of any Contract awarded http://www.epls.gov/

IFB 06/2026 Page 15 of 30

10. Bidder affirms that it is not engaged in business with Iran, Sudan, or any foreign terrorist organization.

11. Bidder understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Bidder is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of any contract resulting from this Solicitation.

12. Bidder represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statues, codes, and other laws that pertain to any contract resulting from this Solicitation.

Bidder represents and warrants that the individual signing this Solicitation response is authorized to sign on behalf of Respondent and to bind Respondent.

Bidder understands that TABC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken.

13. NOTE TO BIDDER:

If bidder takes any exceptions to any provisions of the IFB, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the IFB and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire IFB. If any bidder takes a ‘blanket exception’ to the entire IFB or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration.

14. DISPUTE RESOLUTION:

The dispute resolution process provided for in Chapter 2260, Gov't Code must be used by the TABC and the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB.

15. NON-APPROPRIATION OF FUNDS:

Any contract resulting from this IFB is subject to termination or cancellation, without penalty to TABC, either in whole or in part, subject to the availability of state funds. TABC is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TABC becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TABC’s or bidder’s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, TABC will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TABC will not be required to give prior notice.

16. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this IFB to the contrary, bidder understands that TABC will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, bidder will refer to TABC any third-party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this IFB. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder.

17. CONFLICT OF INTEREST:

Under §2155.003, Gov't Code, a TABC employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established by the Comptroller, which outline the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of TABC or purchasers of other state agencies.

18. FORCE MAJEURE:

Neither bidder nor TABC shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

19. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent contractor in relationship to the TABC. The TABC shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the TABC for vacation pay, IFB 06/2026 Page 16 of 30 sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. INDEMNIFICATION:

BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TABC, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS IFB. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TABC. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TABC FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR

OMISSIONS OF TABC OR ITS EMPLOYEES.

21. RIGHT TO AUDIT:

In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.003, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, 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 bidder 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. This IFB or any contract resulting from this IFB may be amended unilaterally by TABC to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

IFB 06/2026 Page 17 of 30

ATTACHMENT A

Reference Photos of Existing Booth, Existing…