ESBD_529525_1781890309628_TMD26-CHE-0041565 NEW GYM FLOOR FV.pdf

TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP Code 360-60 - Special Flooring, Industrial: Resinous, Elastomeric Liquid, etc.

910-25 - Flooring Maintenance and Repair, Including Refinishing and Sealing Services

SOLICITATION NO.

TMD26-CHE-0041565

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATE ISSUED

06/19/2026

INVITATION FOR BIDS (IFB) – NEW GYM FLOOR

Respondents must email responses no later than 10:00 AM local time on 06/29/2026 to the following email address:

Procurement@military.texas.gov

FOR INFORMATION CONTACT:

Sue D’Angelo, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-3915

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF Respondent:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

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

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

mailto:Procurement@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

Pricing Instructions

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

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

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 Statement of Work

C.3 DELIVERY

C.4 ACCEPTANCE CRITERIA

C.5 TMD PERSONNEL

C.5.1. TMD’s Contract Administrator C.5.2 TMD’s Project Manager C.5.3 TMD’s Assistant Project Manager

C.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

C.8 BONDS REQUIRED UNDER THE CONTRACT

C.9 WARRANTY CALL RESPONSE TIME

C.10 CRIMINAL HISTORY BACKGROUND CHECK

C.11 REFERENCES

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

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E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

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

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.12 ANTICIPATED SCHEDULE OF EVENTS

E.13 SITE VISIT

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENT

BY NUMBER AND TITLE

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ANTICIPATED SCHEDULE OF EVENTS

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

Date Time CST Events 06/19/2026 Solicitation Posted to ESBD

06/22/2026 10:00am- 11:00am

Mandatory site visits

TMD Texas Challenge Academy located at 600 Highway 3013 West, Eagle Lake, Texas 77434

Failure to attend one (1) of the two (2) pre-bid site visits will result in disqualification of the response.

06/23/2026 10:00am11:00am

Mandatory site visits

TMD Texas Challenge Academy located at 600 Highway 3013 West, Eagle Lake, Texas 77434

Failure to attend one (1) of the two (2) pre-bid site visits will result in disqualification of the response.

06/25/2026 2:00pm Last day to submit written questions for clarification to

TMD

06/26/2026 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

06/29/2026 10:00am Deadline for TMD to receive Bids

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SECTION A—DEFINITIONS

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

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

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

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

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

“CT” means Central Time.

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

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

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

“Days” means calendar days unless otherwise specified.

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

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

“Parties” means Contractor and TMD.

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

“Turn-Key” means of or involving the provision of a complete product or service that is ready for immediate use.

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

Pricing Instructions

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

Respondents must price the response on this basis.

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

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

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

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

E. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Texas Government Code § 2155.067. If a Respondent believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

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

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

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

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

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

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B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. the Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

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

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

Texas Military Department (TMD) Attn: Accounts Payable Department

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

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

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Reference ATTACHMENT G.1 Direct Deposit Authorization Form 74-176 (Rev.9-2121)).

B. Regardless as to whether Direct Deposit is chosen, Respondent must submit a completed Texas Application for Payee Identification Number (Reference ATTACHMENT G.2 Application for Texas Identification Number AP-152) to the following address:

Texas Military Department (TMD) Attn: Accounts Payable Department

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

Reference: Contractor Set-up for Solicitation TMD26-CHE-0041565

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Notes: Contact Sue D’Angelo when completed 512-782-3915 or Procurement@military.texas.gov

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

B.3.1 Billing and Payment

A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.2 above. TMD will notify Contractor if invoice is deemed to be inaccurate within 20 days of receipt.

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

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

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

B.3.2 Payment Adjustment

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

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

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

B.3.3 Late Payment

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

B.3.4 Deductions for Unacceptable Compliance

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

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B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

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

3. Failure to respond to audit reports; and

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

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

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

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

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

B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

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

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

The Respondent must submit its bid price within the Pricing Table located in ATTACHMENT G.4 Mandatory Pricing Schedule, replicating, as necessary, in its exact format.

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

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

Intentionally Left Blank

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Military Department’s (TMD) Texas Challenge Academy is seeking a Contractor to provide and installation of a turn-key gym flooring project at Texas Challenge Academy located at 600 Highway 3013 West, Eagle Lake, Texas 77434.

C.2 STATEMENT OF WORK

The scope of work for this project includes all labor, materials, tools, equipment, supplies, superintendence, insurance, permits, incidentals and services necessary or required to fully complete the work for the project.

C.2.1 REFERENCED BRAND EXAMPLE

Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Pricing on brands of like nature and quality will be considered. If proposing other than the referenced brands/model number, pricing sheet must show manufacturer, brand or trade name, product number and provide complete product literature that confirms compliance with the specifications and include with response.

C.2.2 Flooring Space Specifications – all measurements are approximated.

Note: All measurements are approximated, Contractor needs to verify measurements before submitting a bid.

A. Floor area is approximately 5,386 square feet.

B. Wall cove base molding are approximately to be 284 linear feet

C. Basis of Design Concept/Referenced Brand (must be equivalent or better than):

1. Omni Sport products

2. TARKETT – OMNISPORT MULTIUSE 6.2MM

3. Color: Classic Oak

4. Tarkett Tarkolay moisture slip sheet

5. Court Striping: basketball

Note: If proposing other than the referenced brands/model number. Response must include descriptive literature if bidding a brand other than the reference brand (B.1.1).

C.2.3 General Requirements

A. Contractor is responsible for any, and all, permits necessary for this project.

B. Contractor must perform a pre-work walk-through of entire job site with the TMD Project Manager to verify current conditions before any work begins.

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C. Photographs during the pre-work walk-through will only be permitted with preapproval from the TMD Project Manager.

D. Contractor must provide the number of calendar days to perform the work from notice of award to Substantial Completion at the bid time with their proposal (Reference ATTACHMENT G.4 Mandatory Pricing Schedule).

E. Contractor must receive Network Time Protocol (NTP) from Project Manager in writing before mobilization.

F. Normal working hours are Monday through Friday, 8:00 am to 5:00 pm.

Note: Weekends and hours outside regular hours may be permitted with prior approval from the TMD Contract Administrator.

G. Contractor must coordinate access to the site with the TMD Project Manager.

Coordination will be done in writing.

H. Contractor must provide a site-specific safety plan for review by the TMD Project

Manager before beginning work in writing to the TMD Project Manager in writing prior to any work beginning.

I. Contractor must provide full-time, on-site, supervision whenever work is performed.

J. Contractor must provide the name of the full-time, on-site, supervisor in writing, to the TMD Project Manager before work begins each day.

K. Contractor provided supervisor must be a direct employee of the Awarded

Contractor.

L. Contractor’s qualified superintendent qualifications:

1. Must have five years of experience as a general contractor on demolition work.

2. Must Quality Check (QC) qualified.

3. Must be OSHA 30 hours to be onsite during all phases of work.

NOTE: THE SUPERINTENDENT/QC MUST NOT PERFORM MANUAL LABOR NOR BE A

PARTS RUNNER.

M. Contractor must coordinate with the TMD Project Manager for approval prior to assigning a new superintendent that was not previously listed in the bid submission.

Certificate of qualifications must be provided in writing.

N. Contractor must ensure that all items, and debris, that require disposal are removed from the site and are disposed of in accordance with all Federal, State, and local laws, rules, and regulations (Chapter 361. Solid Waste Disposal Act, Texas Commission on Environmental Quality (TCEQ), TDS Waste Wizard):

1. Contractor must provide daily cleanup.

2. Contractor must keep a clean and safe work area at all times.

3. Contractor must mitigate/isolate dust in work area at all times.

https://statutes.capitol.texas.gov/docs/HS/htm/HS.361.htm https://www.tceq.texas.gov/permitting/waste_permits https://www.tceq.texas.gov/permitting/waste_permits https://www.texasdisposal.com/faqs/recycling/

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4. Contractor must repair any damage caused by any work provide in the performance of this scope of work at the expense of Contractor and must be completed prior to final inspection.

B. Contractor shall furnish a trash dumpster for any trash and waste materials generated from this project.

C. Contractor must provide tracking logs and manifests for all hazardous materials, trash, and recycling materials.

D. Contractor must ensure all rules, laws, and regulations are followed when transporting and disposing of any items generated from the statement of work.

E. Contractor must provide all safety, OSHA, and wage information to the Project

Manager prior to any work begins.

1. Contractor must always enforce Personal Protective Equipment (PPE) requirements.

2. Contractor must provide daily written progress reports to TMD Project manager in writing.

3. Contractor must provide weekly safety meetings and provide them to TMD

Project Manager in writing.

F. Contractor must conduct pre-task and pre-construction meetings with subcontractors and send minutes to the TMD Project manager in writing before any work begins.

G. Contractor must provide a written list of at least three (3) names and 24-hour contact numbers to the TMD Project Manager and have a written copy visible on site at all times.

H. Contractor must protect all existing improvements, road surfaces, curbs, sidewalks, trees, shrubbery, sprinkler systems, drainage structures, and other like items to prevent damage.

1. Contractor must provide motor vehicle and pedestrian traffic control where applicable. Ensure that pedestrians or cars are not led into conflicts with site vehicles, equipment, operations, or traffic moving through/ around the work zone.

2. Contractor must maintain access on adjacent roads for traffic.

3. Contractor must provide traffic signage, flagmen, and other safety items to ensure the safety of workers and the host site occupants.

4. Contractor must provide a temporary 6-foot chain link fence with gates around construction limits, to be removed at Substantial Completion.

I. Contractor must provide a written notification of any interruption of services to adjacent buildings to the Program Manager within 72 hours of discovery.

J. Contractor must coordinate with the TMD Project Manager for written approval locations to place Contractor provided porta-potties.

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K. Contractor must provide porta-potties for Contractor’s workers and provide numbers and locations to the TMD Project Manager.

L. Contractor must ensure Contractor caused damage to other areas is returned to its previous condition.

M. Contractor must ensure any subcontracted trades, such as plumbing or electrical contractors, provide license copies to the TMD Project Manager before they perform any work.

N. Contractor must provide a bar chart schedule to TMD’s Project Manager for approval before any beginning.

O. Contractor must provide written notification to TMD’s Project manager when the work is complete and provide a preferred date that the Contractor must be prepared for a Substantial Completion Inspection.

P. TMD’s Project Manager shall inspect the work and provide the contractor with a list of deficiencies (Punch List) that the contractor must remedy within 21 days.

Q. Contractor must notify TMD’s Project Manager, in writing, when the Contractor is ready for a Final Inspection.

R. TMD is not responsible for any additional work the contractor completes that has not been approved by the Contract Administrator in the form of a change order.

C.2.4 Specific Requirements

A. Contractor must remove and dispose of all existing flooring material.

1. Contractor must remove any remaining glue;

2. Contractor must spray to remove any mold that is present.

B. Contractor must prep the surface for new flooring installation, to include but no limited to:

1. Floor leveling,

2. moisture mitigation,

3. concrete repair.

C. Flooring Demolition and Installation:

1. Contractor must furnish and install adhesive according to manufacturer specifications.

2. Contractor must furnish and install basketball flooring:

a. Color: Classic Oak or equivalent.

b. Type: rolled multiuse basketball flooring

c. Thickness: approximately 6.2MM

d. Area: approximately at 5,386 square feet;

3. Contractor must furnish and install a moisture slip sheet: Approximately 5,386 square feet.

4. Contractor must furnish and install new resilient wall cove base molding:

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a. Color: Black

b. Approximately 284 feet.

5. Contractor must provide and paint all lines and logo for the basketball court after floor is installed. (see Attachment G.6 New TCA Logo)

a. Omni Sport products or equivalent products or better.

b. Color: Either royal blue or navy blue.

c. All lines must be the same color.

C.3 DELIVERY

Contractor must provide a “turn-key” product according to this SOW to the address below.

600 HWY 3013 W

Eagle Lake, TX 77434

C.4 ACCEPTANCE CRITERIA

A. Contractor must have been in business providing gym floor installation of similar scale for a minimum of at least 5 years.

B. Pricing on brands of like nature and quality will be considered.

C. If proposing other than the referenced brands/model number, Pricing sheet must show manufacturer, brand or trade name, product number and provide complete product literature that confirms compliance with the specifications and include with response

D. Contractor must run a background check on all employees Contractor intends to use on this project; this includes all subcontractors as well.

1. Proof of a passed background check is due after award but prior to any work commencing.

2. All cost for background checks are at the Contractor’s expense.

E. Contractor must provide all the necessary materials, tools, transportation, equipment and supplies and perform all the services required to successfully complete the replacement for the ABIA Access Control Point Gate Openers and Controls.

F. Contractor must provide complete warranty information for all installed parts, including duration, coverage details, and procedures for warranty claims. In addition, the vendor must supply technical manuals and documentation for all installed parts. These manuals must include installation

C.5 TMD PERSONNEL

C.5.1. TMD’s Contract Administrator

A. The Contract Administrator for the Contract is Sue D’Angelo.

B. The telephone number for the Contract Administrator is 512-782-3915.

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

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

C.5.2 TMD’s Project Manager

A. The Project Manager for the Contract is Michael Lopez.

B. The telephone number for the Project Manager is 979-429-9208.

C. The email address is MLopez@riceraiders.net

C.5.3 TMD’s Assistant Project Manager

A. The Project Manager for the Contract is Karen Trepasso.

B. The telephone number for the Project Manager is 979-234-3531 ext. 2019.

C. The email address is KTrepasso@riceraiders.net

TMD’s Project Manager for the Contract is responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Manager has full authority to act for TMD in the performance of any project connected to the Contract. The Project Manager or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

C.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. Historically Underutilized Business (HUB) is a business certified by the State of Texas that meets all the following criteria:

1. Ownership & Control: It is at least 51% owned, managed, and controlled by one or more individuals who are:

o Veteran(s) with a service-connected disability of 20% or greater, or o Woman(s), or o Service-disabled Veteran(s).

2. Profit & Size Standards: It is a for profit entity, has not exceeded the size standards established by 34 TAC § 20.294, and has its principal place of business in Texas.

3. Active Participation: The owner(s) resides in Texas, holds a proportionate interest in the business, and actively participates in its control and operations.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Texas Government Code Chapter 2161 and the administrative rules, as applicable. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Contractor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from TMD prior to making any modifications to its HSP.

D. Contractor must submit a detailed description of the HSP and required forms with the response.

Contractor’s response will be disqualified if the agency forms are not completed in full or are missing from Contractor’s original response.

mailto:MLopez@riceraiders.net mailto:KTrepasso@riceraiders.net

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E. Contractor must provide notice to all subcontractors of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the Contract Administrator no later than ten business days after the effective date of the Contract.

F. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

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

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

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

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

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

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

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

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

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

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

(2) include a Waiver of Subrogation Clause.

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

Contractor shall:

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

B. ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

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

D. ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include the Contractor’s obligations under the Contract.

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

C.8 BONDS REQUIRED UNDER THE CONTRACT

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

A. For a contract in excess of $100,000.00 a performance bond will be executed in the amount of the contract conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond will be solely for the protection of the state.

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

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

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

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C.9 WARRANTY CALL RESPONSE TIME

TMD requires Contractor to respond to any warranty call concerning this project within a 48-hour time period. For any warranty call issued, Contractor will have 14 days to replace defective products after receipt of notification by TMD that a warranty issue exists.

C.10 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by TMD at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete TMD’s Vendor Background Information form, which will be provided by TMD’s Project Manager.

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

C. When required, Contractor’s Project Manager will provide the following to TMD’s Project Manager within seven (7) days of executing the Contract proof of a the completed and passed background check for all proposed personnel.

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

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

C.11 REFERENCES

Respondent must identify and provide a Verification of Experience (references):

A. Minimum of three (3) past or current projects of similar size and complexity performed within the past five (5) years.

B. Respondent must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided.

C. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Monthly Fifth business day to Contract Administrator

HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

IFB, Attachment

G.5 HUB

Subcontracting Plan

(HSP)

Contract Administrator and HUB Coordinator

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

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

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

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

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

Submission of responses

A. Respondent’s response must have bookmarks.

B. Emailed responses must be received by TMD no later than the deadline established and submitted to Procurement@military.texas

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

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

E.2 AMENDMENTS TO THE SOLICITATION

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

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

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

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

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

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

mailto:Procurement@military.texas

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

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

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

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

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

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

E.4 SIGNATURES ON RESPONSE SUBMITTED

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

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

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

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

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

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

E.5 RESPONSE ACCEPTANCE PERIOD

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

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

E.6 CONTRACT AWARD

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

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

C. A Purchase Order shall be established in accordance with the specifications, terms and conditions referenced in IFB TMD26-CHE-0041565 NEW GYM FLOOR. The following documents shall be incorporated and made a part of this order and in the following order of precedence:

a. TMD PO 26-#####

b. TMD IFB TMD26-CHE-0041565 New Gym Floor

c. Vendor’s Response to IFB TMD26-CHE-0041565 New Gym Floor

D. The Contract shall consist of the Notice of Award; this solicitation, including addenda; and the

Response, including clarifications submitted at the request of CPA. In the event of any conflict or contradiction between or among these documents, the Notice of Award, as modified by any Contract Amendments, controls over the solicitation and the response. The solicitation, as modified by any addenda, controls over the response.

E.7 TMD’S RIGHTS

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

B. TMD may:

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

2. accept other than the lowest priced response; and

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

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

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

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

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

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

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

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

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

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

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

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

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

B. Company Information and Certifications;

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

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

D. A Redacted Solicitation and Contract response if applicable;

E. ATTACHMENT G.1 Direct Deposit Authorization Form 74-176 (Rev.9-2121) completed if choosing direct deposit as a possible payment option;

F. ATTACHMENT G.2 Application for Texas Identification Number # AP-152;

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

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H. Attachment G.5, HSP.

E.8.2 Volume Two – Information Section

A. Cover Page: List name and address of Respondent, date of response, solicitation identifier, and signature of authorized official.

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

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

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

3. Date and state of incorporation.

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

C. Respondent must identify and provide in the enclosed Verification of Experience (references See Section C.12 page 18), a minimum of three (3) past or current projects of similar size and complexity performed within the past five (5) years. Respondent must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

D.