ESBD_531747_1782488977228_RFP-3202600180.pdf

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Steve Pier, Executive Director

Request for Proposal (RFP)

For

BET Vending Multiple Locations

Solicitation No. 3202600180

Date of Release: June 26, 2026

Responses Due: July 27, 2026, by 10:00 a.m. Central Time

931-88 Vending Machine Maintenance, Repair, Installation, or Removal

740-85 Vending Machines, Refrigerated, Snacks, Food, Beverages, Sundries, etc.

165-92 Vending Machines, Non-Refrigerated, Snacks, Laundry items, Candy, Cigarettes, etc.

961-15 Concessions, Catering, Vending: Mobile and Stationary

Sole Point of Contact for this RFP

Willaim Fore, CTCD

Procurement Lead

VendorProposals@twc.texas.gov mailto:VendorProposal@twc.texas.gov

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TABLE OF CONTENTS

Article I Purpose

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services

2.3 Successful Respondent Responsibilities

2.4 TWC-BET Responsibilities

2.5 Adding or Deleting Service Sites

2.6 Changeover Period

2.7 Reports and Commissions

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.6 Questions/Requests for Clarification

3.7 Addenda

Article IV Response Submission Instructions

4.1 Deadline

4.2 General Information

4.3 Response Format

4.4 Discrepancies

4.5 Submission Method

4.6 Requirements Submission

4.7 References

4.8 Financial Soundness

4.9 Exceptions

4.10 Binding Offer

4.11 Franchise Tax – Right to Transact Business in Texas

4.12 Ambiguity, Conflict, or Discrepancy

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4.13 Response Irrevocability

4.14 Questions or Requests for Clarification

4.15 Cost of Submission and Additional Evaluation Activities

4.16 TWC Rights

Article V Evaluation and Award

5.1 Conformance With State Law

5.2 Minimum Qualifications (Pass/Fail)

5.3 Initial Compliance Screening

5.4 Response Evaluation

5.5 Evaluation Criteria

5.6 Competitive Range

5.7 Discussions and Revised Responses

5.8 Best and Final Offer (BAFO)

5.9 Final Response Score and Total Score

5.10 Summary of Best Value Determination

5.11 Public Information Act

Article VI General Terms and Conditions

6.1 Contract Award

6.2 Contract Term

6.3 Price Adjustment

6.4 Contract Amendments

6.5 No Guarantee of Volumes, Usage, or Compensation

6.6 Governmental Entities

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

6.9 Remedies

6.10 Liquidated Damages

6.11 Changes in Ownership

6.12 Severability

6.13 Bonds

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Table 1: Definitions

Term/Acronym Definition

Addendum A written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

Additional Evaluation Activities

Include Oral Presentations, Clarifications, Discussions, Proofs of Concept, Demonstrations, and/or Site Visits. These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Responses. These activities may be scored, as indicated in RFP Section 5.5 Evaluation Criteria.

ATO Authorization to Operate

BAFO Best and Final Offer.

BET Business Enterprise of Texas

Business Day The day and hours (Monday through Friday, 7 a.m.

to 6:00 p.m. Local Time) in which TWC is open for business.

TWC is closed for business on the scheduled holidays indicated by the State Auditor’s Office available at https://hr.sao.texas.gov/holidays/.

The terms “Working Day” and “Business Day” may be used interchangeably. All uncapitalized references to “day” shall mean calendar day.

https://hr.sao.texas.gov/holidays/

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Term/Acronym Definition

Competitive Range

Consists of the Responses that have a reasonable chance of being selected for award based on the evaluation criteria and the best value criteria as stated in this Solicitation.

Contract Means the written agreement entered into by TWC and Successful Respondent, which will incorporate the contents of this Solicitation and the Successful Respondent’s Response, except as may be provided in the Contract and any amendments thereto.

Contract Term Means the definite period of time that the Contract will remain in effect.

CTCD Certified Texas Contract Developer.

ESBD The Electronic State Business Daily. An online platform administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts (CPA). The ESBD may be accessed as http://www.txsmartbuy.com/esbd.

FCC Federal Communications Commission. An independent U.S. government agency that regulates interstate and international communications by radio, television, wire, satellite, and cable. Established by the Communications Act of 1934, it is the primary authority responsible for implementing and enforcing communications laws, licensing airwaves, and promoting broadband access.

Final Written Response Score

Refers to the final scoring of the Solicitation based on the Scoring Matrix published in the Solicitation.

Fiscal Year (FY) Texas State Fiscal Year, September 1 through August 31.

http://www.txsmartbuy.com/esbd

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FMRC Factory Mutual Research Corporation. The entity accredited by the International Electrotechnical Commission for testing and evaluating electrical equipment for measurement, control and laboratory use, and information processing equipment including electrical business equipment.

Local Time Central Standard Time (CST) or Central Daylight Time (CDT), as is then prevailing in Austin, Texas.

NEC National Electrical Code. The benchmark standard for safe electrical design, installation, and inspection in the United States. Published by the National Fire Protection Association every three years, it is universally adopted by local and state governments to protect people and property from electrical hazards.

NAMA National Automatic Merchandising Association is the American national trade association of the convenience services industry, including vending, micro markets, office coffee service, and foodservice management.

NEMA National Electrical Manufacturers Association.

NIGP National Institute of Governmental Purchasing

NSF National Sanitation Foundation.

https://en.wikipedia.org/wiki/Industry_trade_group https://en.wikipedia.org/wiki/Vending

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Offered Option Options that are not requested in response to this Solicitation but may be identified by a Respondent and included in its Response. A Respondent is not obligated to include an Offered Option in its Response. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing of acquisition of Offered Options and Offered Options are not considered during evaluation of Responses.

OSHA The Occupational Safety and Health Administration.

PS Procurement Services, a section within TWC.

PO Purchase Order.

POA&M Plan of Action and Milestones.

POCN Purchase Order Change Notice.

Respondent The individual or entity that submits a Response to this Solicitation. The term includes anyone acting on behalf of the individual or entity that submits a Response, such as an agent, employee, and representative. Also referred to as a “Vendor.”

Response A Respondent’s response to this Solicitation.

RFP Request for Proposal. A formal solicitation document issued by TWC to the vendor community requesting a response for goods or services. (This document.)

Service Site Location

The specific geographic area, city, or zip code where a business provides services without having a storefront at that location.

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Solicitation This RFP including all exhibits, attachments, forms, and Addenda, if any. May include Requests for Revised Proposals (RFRP) or Best and Final Offer (BAFO) RFPs, if issued.

State The State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

Subcontractor Any entity(ies) or person(s) providing goods or services under the Contract on Respondent’s behalf, whether or not the entity(ies) or person(s) has/have a written agreement with the Respondent. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

Successful Respondent

The Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires, including its subcontractors or agents.

Total Score The Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

TWC Texas Workforce Commission.

TWC Procurement Portal

Euna” or “TWC Procurement Portal” means the online platform used by TWC for publishing solicitations informing Respondents of procurement opportunities and response requirements and providing public notice of contract awards.

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VPTS Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509. The VPTS is available at:

https://www.txsmartbuy.gov/vpts.

https://www.txsmartbuy.gov/vpts

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ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) Procurement Services (PS) section will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from Respondents, as well as managing the receipt of Responses for review and evaluation.

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

TWC seeks qualified vendors to provide beverage and snack vending machine services, including all labor, equipment, materials, installations, and maintenance services for the Texas Workforce Commission’s Business Enterprises of Texas (TWC-BET) program in Texas. It is TWC’s intention to award one (1) or more Contracts as a result of this solicitation.

Successful Respondents will ensure reliable vending operations that provide convenient access to food and beverage options for staff and visitors while maintaining high standards of service, cleanliness, and operational efficiency.

TWC is interested in establishing contracts in the following locations:

Abilene, Amarillo, Brownwood, Fort Stockton, Nacogdoches, San Antonio, Victoria, and Waco with qualified Respondents capable of furnishing labor, equipment, materials, and services to provide Beverage and Snack Vending Machine Services in support of the TWC BET.

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

The Business Enterprises of Texas program was created through federal legislation, the Randolph-Sheppard Act of 1936, which was enacted to "provide blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting." BET administers one of the largest vending and food service programs operated by people who are legally blind in the United States under the Randolph-Sheppard http://www.twc.texas.gov/

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Act. BET provides individuals with visual impairment self-employment opportunities throughout the State of Texas.

BET provides training and entrepreneurial employment opportunities for legally blind individuals in food service and vending operations within Texas. BET training includes operational skills training with an emphasis in food service and vending management, quality customer service, menu planning, cost control, and merchandising. BET opportunities include the operation of cafeterias, convenience stores, snack bars, micro markets and vending machines on state and federal properties, interstate highway rest areas, post offices and state prisons.

Respondent must affirm its intent to comply with the requirements as stated in this Article II Scope of Work , and affirm that it will continue to comply with these requirements during the term of the Contract issued because of this Solicitation, if any.

2.2 DESCRIPTION OF SERVICES

The Successful Respondent must install, service, and maintain all vending machines in a first-class operating condition with respect to cleanliness and mechanical or electrical operations.

The Successful Respondent must correct any defects, problems, violations, or conditions related to the vending machines that may prove hazardous or detrimental to the health and safety of the public in accordance with the requirements in Article II.

TWC-BET or Service Sites reserve the right to disconnect from its power source any machine deemed by the TWC-BET or Service Site to represent a safety or health violation or hazard, until the necessary corrections are made by the Successful Respondent.

2.3 SUCCESSFUL RESPONDENT RESPONSIBILITIES

The Successful Respondent must install, service, and maintain all vending machines in a first-class operating condition with respect to cleanliness and mechanical or electrical operations.

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2.3.1 Successful Respondent’s Title to Vending Machines and

Equipment

1. All equipment and automatic vending machines installed, and all products offered for sale by the Successful Respondent are the property of the Successful Respondent. TWC will have no interest in said products, vending machines, and/or other Successful Respondent equipment.

2. The Successful Respondent must establish a reimbursement system for each service site and provide to the TWC-BET a copy of its refund and/or reimbursement system for each service site.

Signs indicating that the Successful Respondent is not responsible for refunds are not acceptable. Refunds must be made each time the machine is serviced.

3. The Successful Respondent must maintain a refund log.

4. The Successful Respondent must state the method for making refunds available in person or by mail.

5. The Successful Respondent must submit to the TWC-BET Vending Specialist and to the Service Site, the service schedule for each machine within ninety (90) days of contract execution.

6. The Successful Respondent is responsible for maintaining meter readings and accurate dollar sales data.

7. The Successful Respondent must allow TWC-BET access to all machine meters during regular business hours.

8. The Successful Respondent must permit authorized representatives of the TWC-BET to accompany the Successful Respondent ’s employees during cash collection and counting and to randomly examine the receipts of the vending machines operated by the Respondent.

9. The Successful Respondent must schedule and conduct regular inspections of Service Sites.

10. The Successful Respondent’s inspections must include a review of meter sales trends versus dollars collected.

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11. The Successful Respondent must provide the TWC-BET Vending Specialist with the dates of all machine installations, removals, and machine type changes.

12. If the Service site requests that the Successful Respondent remove machines due to the service site moving or no longer needing machines, the Successful Respondent must notify the TWC-BET immediately or a remedy equal to the estimated monthly gross sales average identified in the applicable Service Site Location Attachments for affected service site may be assessed.

13. The Successful Respondent shall pay all State, federal, and local taxes, including sales taxes on vended products, that may be assessed against its equipment or merchandise while in or upon the service site premises, or in connection with the operation of its vending services upon the service site premises. Sales taxes deducted must conform to the rules of the Texas Comptroller of Public Accounts regarding food sales, which require only 50% sales tax payment on perishable food items. The Successful Respondent must not deduct taxes greater than 50% of the total sales tax rate on perishable items (Title 34 Texas Administrative Code (TAC) §3.293, Food; Food Products; Meals; Food Service and Texas Tax Code, §§151.007, 151.314, 151.315).

14. The Successful Respondent must comply with all State, federal, and local laws and regulations governing the preparation, handling, and serving of food.

15. The Successful Respondent shall procure and maintain all necessary licenses, permits, and food handler's cards required by law.

16. The Successful Respondent must provide adequate vending services to achieve customer satisfaction.

17. The Successful Respondent must hire all employees necessary for the performance of the requirements of this RFP. The Successful Respondent must comply with all applicable State, federal and

RFP No. 3202600180 ver. 1 Page 14 of 58 local laws and regulations pertaining to the wages and hours of employment of its employees. The Successful Respondent, in performing the requirements of this RFP, must not discriminate against any employee or applicant for employment based on race, color, religion, sex, national origin, age, disability, or veteran status (i.e., protected class).

18. Successful Respondent shall ensure its employees comply with any health examination as city, State, or federal authority may require in connection with their employment. The Successful Respondent must maintain a staff of properly trained and experienced personnel to ensure satisfactory performance of the Contract.

19. All employees of Successful Respondent must abide by any dress code rules of the service site where the vending machines are located. All Successful Respondent employees must be clean and always present a professional appearance. always present a professional appearance.

20. The Successful Respondent must observe and comply with all regulations of the service sites, including but not limited to those regarding smoking, parking, and security.

21. When applicable, the Successful Respondent must submit and comply with service site regulations pertaining to background checks to install and service machines.

22. The Successful Respondent must keep all records on file for a period of seven (7) years from the end date of the contract. The Successful Respondent must, upon reasonable notice, give TWC staff the right to inspect, examine, and audit, during normal business hours, such Successful Respondent’s business records as are directly or indirectly relevant to the financial arrangements set forth in this RFP.

23. The Successful Respondent is responsible for the rotation and adequate supply of products.

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24. The Successful Respondent must keep its machines and all adjacent areas neat and sanitary. The Successful Respondent must clean spills that occur while filling or cleaning its machines, clean the front of its machines each time the Successful Respondent restocks or services them, and remove packaging and waste from affected areas following each service call.

25. The Successful Respondent must maintain its service sites, where the vending services are performed, in a safe operating condition such that no employee of the Successful Respondent or customer is exposed to or subjected to any unsafe situation that would violate Title 29 U.S.C., Chapter 15, Occupational Safety and Health Act, including but not limited to the general duty and the specific duty clauses thereof, or any similar federal, State, or local law or regulation.

26. The Successful Respondent may not add or remove machines without the express written approval of TWC-BET. All additions or deletions will be made in writing by TWC through written notice with a revised Area Site Locations listing. The Successful Respondent must provide the TWC-BET Vending Specialist with the installation or removal dates of all machines.

27. Successful Respondent shall request in writing from the TWC-BET Director or the TWC-BET Vending Specialist any vend rate adjustments, changes in the commission rates reflected in the RFP document, service site additions or deletions, and changes in the number or type of vending machines. Successful Respondents’ requests must be approved in writing by the TWC- BET Director or the TWC-BET Vending Specialist.

2.3.2 Compliance

1. In performing the requirements, the Successful Respondent must comply with all applicable State, federal, and local laws, including but not limited to occupational safety and health, employment opportunity, immigration and naturalization, the Americans with Disabilities Act, State tax law, and State insurance law.

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2. The Successful Respondent may request an evaluation of the sales volume of a specific machine to determine profitability and possible removal. This evaluation must be for a minimum of ninety (90) days but may be longer at the option of TWC-BET. The sales figures used to determine profitability will come from the Sales and Commissions Reports. TWC - BET will notify the service site if the Successful Respondent has requested removal of a specific machine and those sales of the machine have been evaluated.

TWC-BET will determine if a machine must be removed and will inform the Successful Respondent.

3. Successful Respondent may not place vending machines/security cages/etc., in a location where they may restrict vehicle or pedestrian traffic. Vending machines/security cages/etc., must be accessible as prescribed in the Texas Accessibility Standards (TAS) and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and must conform to all requirements of Vernon's Texas Civil Statutes, Article 601(b). The Successful Respondent must obtain all locks necessary to secure vending machines/security cages/etc.

4. Successful Respondent must pay the TWC-BET all commissions as proposed by Successful Respondent in its Response.

2.3.3 Products

1. All product types must be offered year-round, including products containing chocolate. The Successful Respondent must maintain fresh products in its vending machines and must comply with any State, federal and local laws and regulations concerning the storage and transport of candy and snacks.

2. Products not listed in Attachment 4 - Vendor Price List must be approved, in writing, by the TWC-BET Director or the TWC-BET Vending Specialists before they may be placed in any vending machine.

3. TWC-BET may add new products and/or new categories of products to the contract at any time.

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4. Lower vending prices on drink machines are only permitted with prior written approval of the TWC BET Director or the TWC-BET Vending Specialist.

5. If the Successful Respondent or subcontractor is a national brand vendor, they must provide up to two (2) items of a competing brand, should there be customer demand.

6. All products listed in this RFP must be made available upon customer demand.

7. Any additional items or machines requested by the Successful Respondent must be made in writing and approved by the TWC- BET Director or TWC-BET Vending Specialist prior to implementation.

2.3.4 Vending Machines

1. Vending machines must contain only products that provide expiration dates on each package, and no products will be sold beyond these dates.

2. Vending machines must contain only prepackaged, standard vending machine products.

3. Vending machines must be furnished new or refurbished, and each machine must be refinished or refurbished as necessary to keep units in working order, exteriors free of rust and major dents, all knobs and labels present, with no scratched or stained glass. TWC- BET and service sites will be the sole judges of the appearance of the machines. Machines must be replaced upon request of TWC-

BET.

4. Vending machines must be equipped with coin change makers and dollar bill validators. Additionally, Successful Respondent may choose to provide cashless options such as card readers, mobile wallets, etc.

5. Vending machines must meet the specifications established by State, federal and local laws as well as those established by the National Automatic Merchandising Association (NAMA) and the

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National Sanitation Foundation (NSF). All electrically operated equipment must be installed in accordance with the standards of the National Electrical Code (NEC). 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), National Electrical Manufacturers Association (NEMA), and/or the Federal Communications Commission (FCC);

6. Vending machines must be in compliance with Texas Government Code, Title 10, Subtitle D, §2165.058, Energy-Saving Management: Vending Machines; Energy-Saving Device Required, as follows:

7. Exception: This section does not apply to a vending machine that contains a perishable food product, as defined by Texas Civil Practice and Remedies Code, §96.001.

8. An entity that owns or operates a vending machine located in a building owned or leased by the State must activate and maintain any internal energy- saving or energy-management device or option that is already part of the machine or contained in the machine.

9. An external energy-saving or energy-management device must be used for each vending machine that:

a. Is located in a building owned or leased by the State.

b. Operates with a compressor; and

c. Does not have an activated and operational internal energy-saving or energy-management device or option.

10. An entity that owns or operates a vending machine subject to this section will be responsible for any expenses associated with the acquisition, installation, or maintenance of an energy-saving device required by this section.

11. The State may impose an administrative fine on an entity that operates a vending machine subject to this section in an amount

RFP No. 3202600180 ver. 1 Page 19 of 58 not to exceed $250 per year for each machine found to be in violation of this section or rules adopted by the State under this section.

12. The State may adopt and enforce additional rules relating to the specifications for and regulation of energy-saving devices required by this section.

13. Vending machines must not allow force vends (e.g., if an item is sold out, the customer must be able to get his or her money back by depressing the coin return instead of having to select another product).

14. Vending machines must not display advertising; except such identification signs as approved by the TWC-BET Director or the TWC-BET Vending Specialist

15. Vending machines must be equipped with a conspicuous professional-looking sign or decal (handwritten signs or decals are NOT acceptable) prominently placed on the front of the machine, displaying the Successful Respondent name, telephone number, and customer refund procedural information for lost money or receipt of inferior product from the vending machine. Approved identification signs are not considered advertising.

16. Vending machines must be equipped with professional-looking labels or tags for each product selection and vend price (handwritten labels or tags are NOT acceptable).

17. Vending machines must be repaired or serviced as needed and when requested by the TWC-BET or service site. Some service sites may require service five (5) to seven (7) days per week. All repair, service, or customer complaint responses must be made within 24-hours of notice to the Successful Respondent. If for any reason the repair or service cannot be done within 24-hours, the Respondent must contact the TWC-BET Vending Specialist immediately. The Successful Respondent must notify the TWC-BET Vending Specialist if consistent complaint issues are experienced.

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18. Combination machines may be utilized. Successful Respondent must notify the TWC-BET in writing as to the type of machine combination prior to installation. Meter readings must still be submitted.

19. Vending machines must be provided and serviced at all locations on the Service Site Locations.

20. Vending machines may not be removed without prior authorization from the TWC-BET Director or TWC-BET Vending Specialist in accordance with RFP Section 2.3, item 26. If a machine is removed without prior authorization from the TWC-BET, Respondent must reinstall the machine. TWC-BET may assess a remedy equal to the estimated monthly gross sales average identified in the applicable Service Site Location Attachments for each month the equipment is not available at the authorized service site.

21. Vending machines must be equipped with non-resettable counters (meters) that monitor the number of vends and/or dollar sales.

The readings from these counters must be sufficient for a TWC- BET audit of the dollar amount of sales. These amounts will be verified by TWC-BET.

22. Single-price machines must be equipped with non-resettable vend meters wherein Ending Meter Reading less Beginning Meter Reading less Test Vends yields Units Sold; Gross Sales divided by Sales Tax Rate yields Net Sales; and Gross Sales less Net Sales equals Sales Tax Dollars (e.g., Gross Sales $300.00. Sales Tax Rate 8.25%. Convert 8.25% to decimal [0.0825] and add 1 [1.0825]. Divide Gross Sales [$300.00] by Sales Tax Rate factor [1.0825], resulting in Net Sales [$277.14]. To calculate Sales Tax, subtract Net Sales [$277.14] from Gross Sales [$300.00], resulting in $22.86 Sales Tax collected). Net Sales is the figure on which commissions must be paid; and

23. Multiple-price machines must be equipped with non-resettable dollars sold meters wherein Ending Dollars Sold Less Beginning Dollars Sold less Test Vends equals Gross Sales; Gross Sales divided by Sales Tax Rate yields Net Sales; and Gross Sales less

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Net Sales equals Sales Tax Dollars (e.g., Gross Sales $300.00 Sales Tax Rate 8.25%. Convert 8.25% to decimal [0.0825] and add 1 [1.0825]. Divide Gross Sales [$300.00] by Sales Tax Rate factor [1.0825], resulting in Net Sales [$277.14]. To calculate Sales Tax, subtract Net Sales [$277.14] from Gross Sales [$300.00], resulting in $22.86 Sales Tax collected). Net Sales is the figure on which commissions must be paid.

2.3.5 Special Locations (as applicable)

2.3.5.1 TDCJ PRISONS

1. All prisons must be serviced twice per week and may require servicing on weekends. The visitation areas must be serviced on either Thursdays or Fridays, and the employee areas must be serviced on either Mondays or Tuesdays.

2. Delivery/service technicians must wait for an escort for fifteen (15) minutes only; after fifteen (15) minutes, the Successful Respondent must notify the TWC-BET Vending Specialist.

3. The TWC-BET Vending Specialist will contact the prison administration office to inquire as to the delay and determine if an escort may be secured or if the delivery/service technician(s) must depart.

4. The Successful Respondent must notify the prison warden’s office prior to moving any vending equipment within a prison or removing any vending equipment from a prison.

2.4 TWC-BET RESPONSIBILITIES

1. TWC-BET shall have no responsibility for protection of machines against damage or the unauthorized removal of machines or any parts or contents thereof.

2. Unless otherwise stipulated in this RFP, TWC-BET may, without cost to the Successful Respondent, provide the Successful Respondent with the necessary space for the operation of the services required in this RFP and will furnish, without cost to the Successful Respondent, all service sites and utilities as are

RFP No. 3202600180 ver. 1 Page 22 of 58 reasonable and necessary for the efficient performance of the contract.

3. TWC-BET will grant to the Successful Respondent the exclusive right to operate Vending Machine Services listed on or added to Service Site Locations List, pursuant to this RFP.

4. TWC-BET will grant to the Successful Respondent the exclusive right to sell food products, nonalcoholic beverages, and other such products as approved by TWC-BET at the service sites. Products to be sold, selling prices, and commissions are specified in this RFP.

All products listed in this RFP must be made available upon customer demand. The Successful Respondent must pay the TWC- BET all commissions as proposed per this RFP

5. TWC-BET shall inform Successful Respondent of vend rate adjustments, changes to the products to be sold, commission rates, and service site additions or deletions in writing.

6. TWC-BET shall respond to Successful Respondent’s written request for vend rate adjustments, changes to the products to be sold, commission rates, and service site additions or deletions in writing.

2.5 ADDING OR DELETING SERVICE SITES

1. The TWC-BET reserves the right amend the Contract by adding or deleting service sites listed in the Service Site Location. If service site(s) are deleted, the Successful Respondent must continue to service all other service sites. All additions or deletions will be made in writing by the TWC through an amendment to the contract with a revised Service Site Location list. In the event a Service Site Location(s) must be removed to comply with legal requirements, TWC-BET will execute a unilateral amendment and provide a copy to the Respondent. The Successful Respondent must provide to the TWC-BET Vending Specialist the installation or removal dates of all machines which must be within thirty (30) days.

2. TWC-BET may add service sites within thirty (30) miles of any service site listed in the Service Site Location listing. In the event

RFP No. 3202600180 ver. 1 Page 23 of 58 site(s) are added, TWC will notify the Successful Respondent and provide an updated Service Site Location listing. The Successful Respondent must provide the additional services within thirty (30) days of notice under the same terms and conditions as specified in this RFP or the Contract in effect, whichever is most recent.

3. Service sites may request additional services. After completion of a feasibility study by TWC-BET and discussion, Successful Respondent must provide the additional vending equipment within thirty (30) days of notice, at the same prices and percentages in the current contract, under the same terms and conditions as specified in this RFP.

2.6 CHANGEOVER PERIOD

1. All machines must be delivered and installed no later than thirty

(30) days after the beginning date of the Contract.

2. The Successful Respondent must coordinate the exact delivery schedule with the outgoing vendor, service site, and BET Vending Specialist; the Respondent must provide the TWC-BET Vending Specialist with the proposed plan to execute coordination, including service site survey.

3. The Respondent must provide the TWC-BET Vending Specialist with the final changeover schedule for all machines not less than (thirty) 30 days prior to the beginning date of the Contract. The TWC-BET Vending Specialist will assist the Successful Respondent in resolving any disputes.

4. The outgoing vendor must provide the TWC-BET Vending Specialist with the proposed changeover schedule no less than forty-five (45) days prior to the expiration date of the current contract term.

Table 2: Changeover Schedule Example

Activity Date

• Outgoing vendor submits machine removal schedule no later than • April 15th

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• Incoming Respondent submits machine installation schedule no later than • May 1st

• Contract begins • June 1st

• Incoming Respondent must deliver & install all machines no later than 30 days after the beginning date of the contract

• June 30th

• Incoming Respondent must submit a service schedule for each machine no later than

• September 1st

Note: All Dates in table are included as examples only. Successful Respondent dates may vary.

2.7 REPORTS AND COMMISSIONS

2.7.1 Sales and Commissions Report

The Sale and Commissions Report (Report) must document meter readings and other sales and commissions information for all machines by service site. The Successful Respondent must submit this Report on a monthly basis to https://webp.twc.state.tx.us/betsac/Account/Login no later than the first day of the second following month (i.e., if the reporting period ends on the last day of February, reports are due April 1) If the first day of the second following month falls on a weekend or a postal holiday, reports are due on the following TWC-BET workday. The Report must be submitted prior to submitting commission payments. Report information must reflect a calendar month, with meter readings submitted for the beginning and end of that calendar month. Only vending information reported in this manner will be accepted by TWC. Failure to provide the information in the requested manner may result in remedies being assessed.

All transactions are the sole responsibility of the Successful Respondent. If the Successful Respondent subcontracts any portion of the Contract, the Successful Respondent must submit the Report(s). TWC-BET WILL NOT https://webp.twc.state.tx.us/betsac/Account/Login

RFP No. 3202600180 ver. 1 Page 25 of 58

ACCEPT SALES and COMMISSIONS REPORTS FROM ANY SUBCONTRACTOR(S). Failure to comply will result in remedies being assessed in accordance with Section 6.9 Remedies.

During the contract term, if for any reason the Successful Respondent does not report sales and commissions by the due dates, TWC-BET will compute an average sales figure based on reported sales for the past six

(6) months, and the Successful Respondent will be required to pay commissions based on that average. When the Successful Respondent obtains the unreported sales and commissions, and if they are more or less than the computed six (6) month average, the Successful Respondent must adjust the next month’s Report accordingly.

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the services stated in this Solicitation under the authority of Texas Government Code § 2155.144, 223.005, and 443.013.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted to the Electronic State Business Daily (ESBD). TWC has no responsibility to communicate personally with each potential Respondent for this procurement. Each interested party is solely responsible for checking the ESBD for official TWC communication regarding this procurement.

3.2 SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellations made prior to the Deadline for Submission of Responses will be published as an Addendum posted to the ESBD.

RFP No. 3202600180 ver. 1 Page 26 of 58

Table 33: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD June 26, 2026

Deadline for Submitting Questions or Requests for Clarification

July 06, 2026, 5:00 PM (CT)

Deadline for Submission of Response

NOTE: Responses must be RECEIVED by TWC by the deadline.

July 27, 2026, at 10:00AM Central Time

Expected Contract Award September 18, 2026

Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Table 3: Schedule of Events or as changed via an Addendum posted to the ESBD.

3.3 CONTRACT DOCUMENTS

The Contract(s) resulting from this solicitation may consist of the provisions in this solicitation (including its attachments, forms, exhibits, and any Addenda); the Successful Respondent’s Response, any TWC Request for Revised Response, the Successful Respondent’s Response to the Request for Revised Response, and TWC’s Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents. In the event of a conflict between the provisions of these documents, the documents are given the following order of priority: (1) TWC PO; (2) most recent Request for Revised Response (if any); (3) Successful Respondent’s Response to the Request for Revised Response or Best and Final Offer (BAFO), if any; (4) Request for Proposal; and (5) Successful Respondent’s Response.

TWC may elect to have the Contract(s) resulting from this Solicitation consist of a single document. This document will contain all rights and

RFP No. 3202600180 ver. 1 Page 27 of 58 duties of the parties extracted from the relevant terms and conditions of the Solicitation (including its attachments, forms, exhibits, and any Addenda), the Successful Respondent’s Response, the Request for Revised Response or BAFO, if any, and Successful Respondent’s Response to the Request for Revised Response or BAFO, if any. Prior to award, TWC will prepare the Contract for review by the Successful Respondent.

Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor technicalities. These discussions are to be finalized and all requests for revisions resolved within ten (10) Business Days after the Successful Respondent receives the draft Contract for review or such additional time that may be agreed to by TWC. If discussions are not finalized within such time frame, the Response may be rejected, and discussions may be initiated with the next highest scoring Respondent.

3.4 ATTACHMENTS AND FORMS

Note: Attachments and forms are grouped by service locations and are labeled as such. Documents without a service location are pertinent to all Respondents.

Table 4 4: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Terms and Conditions Attachment 2 Insurance Requirements Attachment 3 Bonds Attachment 4 Vending Price List Attachment 5 Abilene - Service Site Locations Attachment 6 Amarillo - Service Site Locations Attachment 7 Brownwood- Service Site Locations Attachment 8 Fort Stockton - Service Site Location Attachment 9 Nacogdoches - Service Site Locations Attachment 10 San Antonio - Service Site Locations Attachment 11 Victoria - Service Site Locations Attachment 12 Waco - Service Site Locations Form 1 Execution of Response

RFP No. 3202600180 ver. 1 Page 28 of 58

Attachment/Form Title

Form 2 References Form 3 Financial Questionnaire Form 4 Technical Approach Form 5 Question & Answers TAB B Equipment Information TAB A - 1 Abilene Proposal Form TAB A - 2 Abilene Proposal Information TAB A - 3 Abilene Commission Percentages TAB A - 1 Amarillo Proposal Form TAB A - 2 Amarillo Proposal Information TAB A - 3 Amarillo Commission Percentages TAB A - 1 Brownwood Proposal Form TAB A - 2 Brownwood Proposal Information TAB A - 3 Brownwood Commission Percentages TAB A - 1 Fort Stockton Proposal Form TAB A - 2 Fort Stockton Proposal Information TAB A - 3 Fort Stockton Commission Percentages TAB A - 1 Nacogdoches Proposal Form TAB A - 2 Nacogdoches Proposal Information TAB A - 3 Nacogdoches Commission Percentages TAB A - 1 San Antonio Proposal Form TAB A - 2 San Antonio Proposal Information TAB A - 3 San Antonio Commission Percentages TAB A - 1 Victoria Proposal Form TAB A - 2 Victoria Proposal Information TAB A - 3 Victoria Commission Percentages TAB A - 1 Waco Proposal Form TAB A - 2 Waco Proposal Information TAB A - 3 Waco Commission Percentages

RFP No. 3202600180 ver. 1 Page 29 of 58

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to PS, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

William Fore, CTCD

Procurement Lead

VendorProposals@TWC.texas.gov

3.5.1 Prohibited Communication

Except as provided in Section 3.5 Sole Point of Contact, all communication with TWC regarding this Solicitation is prohibited. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 3.5 Sole Point of Contact.

Failure to comply with these restrictions may result in disqualification of Respondent's Response. These restrictions do not preclude discussions between affected parties for the purpose of conducting business unrelated to this Solicitation.

3.6 QUESTIONS/REQUESTS FOR CLARIFICATION

TWC will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted through the TWC Procurement Portal to the Sole Point of Contact listed in Section 3.5 Sole Point of Contact by the deadline established in Section 3.2 Schedule of Events using Form 5 - Questions and Answers. Include the Solicitation section and page number to which each question applies.

TWC will post all questions and answers and, if appropriate, an Amended Solicitation to the ESBD. Responses to questions or other written requests for clarification will not be provided individually to prospective Respondents submitting questions.

mailto:VendorProposals@TWC.texas.gov

RFP No. 3202600180 ver. 1 Page 30 of 58

TWC reserves the right to amend answers previously posted. Amended answers will be posted to the ESBD. It is the Respondent’s responsibility to check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Section 3.2 Schedule of Events may be reviewed by TWC but may not be answered. Only TWC's written answers posted on ESBD, in accordance with this section, are binding.

3.7 ADDENDA

Should an addition or correction become necessary after the Solicitation is issued, an Addendum relating the necessary information will be posted to the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information.

Respondents are required to acknowledge the Addenda by returning the signed Acknowledgment of Addenda with the Response. Failure to do so does not absolve a Respondent from the requirements contained within any Addenda.

ARTICLE IV RESPONSE SUBMISSION

INSTRUCTIONS

4.1 DEADLINE

Responses must be received by PS as prescribed no later than the date and time specified in Section 3.2 Schedule of Events.

Responses received after the deadline specified in Section 3.2 Schedule of Events will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Responses emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

RFP No. 3202600180 ver. 1 Page 31 of 58

4.2 GENERAL INFORMATION

Respondents must fully and completely address all requirements described in this Solicitation. Incomplete or partial Responses will not be considered.

The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Response that clearly and concisely represents its qualifications and capabilities.

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

a. Be responsive to all Solicitation requirements.

b. Be in the 8 1/2" by 11" paper layout.

c. Be clearly legible; and

d. Be presented using font type Verdana or Arial, font size 12-point, with one (1) inch margins and 1.25 line spacing; the sole 12-point font size exception is no less than size 10 point for tables, graphs, and appendices.

4.4 DISCREPANCIES

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to potentially disqualify a Response. If Respondent fails to designate an “Original” Response as required by Section 4.5 Submission Method, TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Response. If the Respondent submits a redacted Response as the “Original,” TWC will disqualify the Response, and it will not be evaluated.

TWC will not accept submissions after the Response due date in Section

3.2 Schedule of Events to remedy discrepancies or variations in Response submissions.

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4.5 SUBMISSION METHOD

TWC has implemented the eProcurement platform referred to as the TWC Procurement Portal. Respondent must upload all documentation indicated to the TWC PROCUREMENT PORTAL link on the “Open Opportunities” tab.

Submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the TWC Procurement Portal website: TWC PROCUREMENT PORTAL. There is no charge to register.

Step-by-step instructions are available at: VENDOR REGISTRATION –

PROCUREMENT

For a quick tutorial through the registration and submission process, visit:

SUBMISSIONS – PROCUREMENT.

Any issues with uploading must first be addressed with the TWC Procurement Portal Technical Support at the contact information included in the Procurement Information Summary and TWC Procurement Portal Instructions to Respondents document.

Respondents must contact the Sole Point of Contact prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Sole Point of Contact well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error…