ESBD_539827_1784816253461_3202600199 IFB Solicitation.pdf

Joe Esparza, Chairman and Commissioner

Representing Employers

Alberto Treviño III, Commissioner

Representing Labor

Brent Connett, Commissioner

Representing the Public

Steve Pier, Executive Director

Invitation for Bids (IFB)

For

McAllen Leased Parking Spaces

IFB No. 3202600199

Date of Release: July 23, 2026

Responses Due: August 06, 2026, by 10:00 a.m. Central Time

971-55 Parking Spaces in a Parking Lot or Garage, Rental or Lease

Sole Point of Contact for this IFB (see Section 4.1)

Kelly Hall, CTCD

Procurement Lead

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

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Table of Contents

Article I Purpose, Authority and Schedule of Events

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

Article III General Information

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Execution

3.4 Contract Term

3.5 Price Adjustment

3.6 Payments

3.7 Contract Amendments

3.8 No Guarantee of Volume, Usage or Compensation

3.9 Governmental Entities

3.10 Offer Period

3.11 Cost Incurred

3.12 Public Information Act-Respondent Response

3.13 Public Information Act-Contract Award

3.14 Respondent Waiver-Intellectual Property

3.15 Insurance

3.16 Changes of Ownership or Financial Condition

3.17 Liquidated Damages

3.18 Severability

3.19 Franchise Tax - Right to Transact Business in Texas

3.20 Subcontractor Requirements

3.21 Historical Compensation

Article IV Response Process

4.1 Sole Point of Contact

4.2 Response Composition

4.3 Response Submission and Delivery

Article V Response Tabulation and Award Process

5.1 Screening of Responses

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5.2 Evaluation

Article VI Required Response Information

6.1 Execution of Response

6.2 Cost Proposal

6.3 VetHUB Subcontracting Plan

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Definitions

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

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.

BAFO Best and Final Offer.

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.

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.

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

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Term/Acronym Definition

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

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 https://www.txsmartbuy.gov/esbd.

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.

IFB Invitation for Response

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

NIGP National Institute of Governmental Purchasing

PS Procurement Services, a section within TWC.

PO Purchase Order.

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 a “Vendor.”

Response A Respondent’s response to this Solicitation.

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Solicitation This IFB, including all exhibits, attachments, forms, and Addenda, if any. May include Best and Final Offer (BAFO), 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 that this Solicitation requires.

TWC Texas Workforce Commission.

VHSP VetHUB Subcontracting Plan. Written documentation regarding the use of subcontractors, which is required to be submitted with all solicitations for state agency contracts with an expected value of $100,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

VetHUB Veteran Heroes United in Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

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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

ARTICLE I PURPOSE, AUTHORITY AND SCHEDULE OF

EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is soliciting Bids to lease a minimum of seventy (70) parking spaces for TWC staff at the South Texas

Tele Center. Proposed spaces must be located within approximately one (1) block of 400 E. Hackberry, McAllen, TX 78501.

Procurement Services (PS), a unit within TWC, will administer the procurement process for this Solicitation, which includes Invitation for Bid

(IFB) announcement and publication, Respondent communications, receipt of Responses, screening of timely received Responses, and facilitating the evaluation of qualified Responses. Procurement and Contract Services (PCS) a department within TWC, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase Order(s) or other

Contract document, resulting from this IFB.

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

1.2 Authority

TWC is soliciting the goods and/or services stated in this Solicitation under the authority Texas Government Code §§ 2155.062, 2167.001(b)(6) and

2156.001.

1.3 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 cancellation made prior to the Deadline for Submission of Responses will be published as an Addendum posted to mailto:VendorProposal@TWC.texas.gov

IFB No. 3202600199, revised 5/2024 Page 9 of 28 the Electronic State Business Daily (ESBD). Respondent is required to sign and return an Addendum or Addenda with the Response.

EVENT DATE and TIME

Solicitation Notification posted to ESBD JULY 23, 2026

Deadline for Submission of Responses

(NOTE: Responses must be RECEIVED by

TWC by the deadline)

AUGUST 06, 2026. by 10:00

AM Central Time

Anticipated Notice of Intent AUGUST 2026

Anticipated Contract Start Date AUGUST - SEPTEMBER 2026

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

ARTICLE II SCOPE OF WORK

2.1 Overview/Background

a. TWC’s Unemployment Insurance (UI) program offers temporary, partial income to Texans who are unemployed through no fault of their own. Funded by employer taxes, the program helps workers stay supported while they search for new jobs.

b. The UI division is responsible for:

1. Paying unemployment benefits to eligible claimants

2. Adjudications

3. Collecting unemployment taxes from employers

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2.2 Description of Services/Scope of Work/Specifications

TWC requires a minimum of seventy (70) parking spaces to support operations at the TWC South Texas Tele Center, located at 400 E Hackberry, McAllen, TX 78501.

The Successful Respondent must ensure their proposed location meets the following requirements:

2.2.1 Location and Proximity

a. Maximum Distance: All parking spaces must be located within a one-block radius (approximately 500–800 feet) of the South Texas Tele

Center at 400 E. Hackberry, McAllen, TX 78501.

b. Pedestrian Access: There must be a safe, unobstructed, and well-lit pedestrian pathway (sidewalks and crosswalks) from the parking area to the facility entrance.

2.2.2 Quantity and Exclusivity

a. Minimum Capacity: The Successful Respondent must provide a minimum of seventy (70) designated parking spaces.

b. Exclusive Use: The spaces must be reserved exclusively for TWC staff use during business hours (typically 7:00 AM CT to 7:00 PM CT, Monday through Friday), though 24/7 access, Monday through

Sunday, is preferred.

2.2.3 Safety and Security

a. Lighting: The parking lot must be equipped with high-intensity LED lighting that automatically activates at dusk. Lighting must cover the entire parking area and the walkway leading to the street.

b. Security Features: Preference may be given to lots that offer security fencing, gated access, or active surveillance.

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c. Visibility: The lot shall be clear of overgrown vegetation or obstructions that compromise the line of sight for staff safety.

2.2.4 Physical Condition and Maintenance

a. Surfacing: The parking area must be paved with asphalt or concrete.

Dirt, gravel, or unpaved lots will not be accepted.

b. Maintenance: The Successful Respondent is responsible for all lot maintenance, including:

1. Filling potholes and repairing cracks. To be performed upon discovery or within thirty (30) days of notification to ensure the lot remains in a safe, level condition.

2. Re-striping of lines and symbols as necessary to maintain clear visibility and ensure all markings remain legible and compliant with safety standards.

3. Debris removal and regular sweeping. To be performed at a frequency that ensures the lot remains free of trash, gravel, and hazards.

4. Maintenance of any landscaping within or bordering the lot. To be performed as required to maintain a professional appearance and prevent overgrowth from encroaching on parking stalls or sightlines.

c. Drainage: The lot must have adequate drainage to prevent standing water or flooding during rain events.

2.2.5 Accessibility (ADA Compliance)

a. ADA Standards: The parking lot must comply with the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS).

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b. Handicapped Spaces: An appropriate number of ADA-compliant van-accessible spaces must be provided as part of the 70-space minimum, featuring required signage and access aisles.

ARTICLE III GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation, Attachment 1 –

TWC Terms and Conditions are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one (1) Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD, and notification will be sent to all Respondents immediately following execution of the Contract.

3.3 Contract Execution

If, for any reason, a Contract cannot be executed with a Respondent selected for award within thirty (30) days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

3.4 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on July 31, 2027. At the end of the initial Term, TWC will have the

IFB No. 3202600199, revised 5/2024 Page 13 of 28 sole option to renew the term of the Contract for four (4) additional one-year terms. TWC may exercise this option by providing written notice to the Vendor at least thirty (30) days prior to the expiration of the then-current term.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1- TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one additional option period to address immediate operational or service delivery needs. TWC shall provide the Vendor written notice of such extension at least thirty

(30) days prior to contract expiration. If the resulting Contract does not include a defined option period, the extension is limited to one year.

3.5 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the

Contract and any exercised optional renewal terms, if applicable.

3.6 Payments

Payment will be made by TWC in accordance with the pricing provided on

Form 2 – Cost Proposal. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

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Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.7 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Respondent and TWC.

Any deviation from the original contract terms—including but not limited to renewals, extensions, budget adjustments, or technical scope revisions—must be memorialized in an amendment, only effective when it is fully executed (signed and dated) by authorized representatives of both parties. For TWC, the authorized representative is the Director of

Procurement and Contract Services (PCS) or their formal designee. For the

Successful Respondent, the signatory must be an individual with legal authority to bind the company.

3.8 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.9 Governmental Entities

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this

Solicitation, including exhibits and attachments, may not be applicable.

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Furthermore, to the extent permitted by law, if a Response is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.10 Offer Period

Responses shall be binding for a period of ninety (90) days after the submission due date. A Respondent may extend the time for which its

Response will be honored. Upon Contract execution, prices agreed upon by the Successful Respondents(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.11 Cost Incurred

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Responses, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the

Respondent, and will not be reimbursed in any manner by the State of

Texas.

3.12 Public Information Act-Respondent Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas

Government Code, Chapter 552. See Attachment 1 - Terms &

Conditions, Section 2.4.

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If Respondent asserts that information provided in its Response is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two separate, searchable Portable Document Format

(PDF) copies (Original Response and “Public Information Act Copy,” including attachments, of the Original Response) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation.

3.13 Public Information Act-Contract Award

Within five Business days from Contract execution, the Successful

Respondent must submit a “Public Information Act Copy” of the Original

Executed Contract (in addition to the original executed contract) to the

TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger); and

Each portion Successful Respondent claims is exempt from public disclosure must be redacted (blacked out); and

Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in this section must be identical to those set forth in the Original

Response as required in Section 3.12 above. The only difference in required markings and information between the Original Contract and the

“Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

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3.14 Respondent Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF

TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST

THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR

ANY MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.15 Insurance

For the duration of any Contract resulting from this Solicitation, the

Successful Respondent shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed below.

Workers Compensation: Statutory Limits

Employers Liability: 1,000,000 per Accident or Disease

Commercial General Liability:

Bodily Injury and Property Damage

Each occurrence limit: $2,000,000

Aggregate limit: $4,000,000

Automobile Liability: $1,000,000 Per Accident (Coverage must apply to

"Any Auto" or "Hired and Non-Owned Autos")

Medical Expense each person: $5,000

Personal Injury and Advertising Liability: $2,000,000

Products/Completed Operations Aggregate Limit: $2,000,000

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Damage to Premises Rented to You: Limit equal to the replacement cost value of the leased property

To the extent that the specific insurance requirements outlined in Section

3.15 Insurance conflict with, or require higher limits than, the default insurance requirements listed in Attachment 1 – TWC Terms & Conditions, the requirements in 3.15 Insurance shall control and supersede. All other provisions, terms, and conditions contained in Attachment 1 – TWC Terms

& Conditions that do not conflict with these specific insurance requirements shall remain in full force and effect.

Contractor shall furnish TWC with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by Section 3.15 Insurance. All documents are to be received and approved by TWC before the lease commences. However, failure to obtain the required documents prior to the lease beginning shall not waive the Respondent’s obligation to provide them. TWC reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent’s responsibility to recommend to TWC alternative methods of insuring the

Contract. Any alternatives proposed by Respondent shall be accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

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3.16 Changes of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as possible, but no later than thirty (30) days prior to its occurrence.

Successful Respondent must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Response or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.17 Liquidated Damages

3.17.1 General

It is agreed by TWC and the Successful Respondent that:

a. if the Successful Respondent does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Respondent may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

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e. nothing contained in this section shall be construed as relieving the

Successful Respondent from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Respondent, an amount equivalent to two percent (2%) of the total cost of services.

All assessments of damages shall be within the sole discretion of

TWC.

3.17.2 Assessment of Liquidated Damages

a. Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Respondent of the assessment(s).

b. Upon receipt of written notice, the Successful Respondent will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified.

c. TWC has the right to amend the corrective action plan submitted by the Successful Respondent.

d. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Respondent at no cost to and upon approval by the TWC Contract Manager.

e. Liquidated damages will not be assessed during the specified cure period for the activity in question.

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f. If the breach is not cured or the Successful Respondent does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the

Successful Respondent, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

g. The Successful Respondent must make payment within thirty (30) days of TWC’s demand.

h. In the event the Successful Respondent fails to pay within the thirty

(30) day period, TWC may utilize the option to withhold any additional payments.

i. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.18 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.19 Franchise Tax - Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to

Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.20 Subcontractor Requirements

Respondent must indicate whether or not it holds any financial interest in any Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, https://comptroller.texas.gov/taxes/franchise/

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Respondent’s obligations under any Contract awarded pursuant to this

Solicitation.

The Successful Respondent must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Respondent is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful Respondent to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the

Successful Respondent is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the

Successful Respondent will not be reduced as a result of any such subcontracts.

The Successful Respondent’s obligation to pay Subcontractors is governed by Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

3.21 Historical Compensation

Historical compensation under Contracts for similar goods or services and similar scope and size to this Solicitation was $45 per month per leased parking spot per Contract Term. TWC reserves the right to adjust any projected amount based on funding during the term of a resulting

Contract.

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ARTICLE IV RESPONSE PROCESS

4.1 Sole Point of Contact

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Kelly Hall, CTCD

Procurement Lead

VendorProposals@twc.texas.gov

All requests, questions, or other communication about this Solicitation must be directed to the Sole Point of Contact.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Respondent and Respondent that has submitted a Response is prohibited from any communication with TWC regarding the Solicitation. 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 4.1 (Inquiries). 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 purposes of conducting business unrelated to this

Solicitation.

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4.2 Response Composition

4.2.1 General Information

Respondent 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.

4.2.2 Ambiguity, Conflict, or Discrepancy

Respondents must notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB.

If Respondent fails to properly and timely notify the Sole Point of

Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the

Respondent, whether awarded a contract or not:

a) Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b) Submits a Response at its own risk;

c) May not contest the interpretation by TWC of such provision(s); and

d) Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

4.2.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a

IFB No. 3202600199, revised 5/2024 Page 25 of 28 potential Respondent’s written inquiries or otherwise, and cancellation notices on the ESBD.

4.3 Response Submission and Delivery

4.3.1 Deadline

Responses must be received by PS as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.3.2 Submission Method

You must submit your Response electronically by email to

VendorProposals@twc.texas.gov. Reference the IFB Title, IFB No., and the Submission Deadline date and time, in the subject line.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

Each Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC.

4.3.3 Ownership of Responses

All materials submitted by a Respondent will become the property of

TWC and may be used as TWC deems appropriate. A Response will not be returned to the Respondent.

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ARTICLE V RESPONSE TABULATION AND AWARD

PROCESS

5.1 Screening of Responses

An administrative screening of Responses timely received will be conducted by TWC PS to determine which Responses meet all of the below IFB minimum requirements and are deemed responsive and qualified for further consideration:

a. Respondent has completed, signed and submitted Form 1 –

Execution of Response in accordance with Section 6.1 Execution of

Response.

b. Respondent has completed and submitted Form 2 – Cost Proposal in accordance with Section 6.2 Cost Sheet.

c. Respondent who receives an overall score as recorded in the CPA

Texas Vendor Performance Tracking System (VPTS) of “D” or below shall be disqualified from consideration for award.

TWC reserves the right to ask questions or request clarification from any

Respondent at any time during the screening process.

5.2 Evaluation

TWC will consider the purchase price and whether the Respondent meets all requirements of this IFB.

ARTICLE VI REQUIRED RESPONSE INFORMATION

SUBMITTING RESPONSE INFORMATION

Form 1 - Execution of Response

Form 2 - Cost Proposal

IFB No. 3202600199, revised 5/2024 Page 27 of 28

Form 3 - TWC 1020 Substitute W-9 and Direct Deposit

Form (if applicable)

6.1 Execution of Response

Respondent must complete, sign, and return Form 1 – Execution of

Response. By signing, Respondent agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.2 Cost Proposal

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Proposal of this Solicitation.

6.3 VetHUB Subcontracting Plan

Respondent is not required to submit a VetHUB Subcontracting Plan with its

Response.

The Vendor Outreach team has determined there are no subcontracting opportunities.

IFB No. 3202600199, revised 5/2024 Page 28 of 28

LIST OF ATTACHMENTS AND FORMS

Attachment 1 Terms & Conditions

Attachment 2 Service Area Map

Form 1 Execution of Response

Form 2 Cost Proposal

Form 3 TWC 1020 Substitute W-9 and Direct Deposit Form (if applicable)

END OF SOLICTITATION