ESBD_540974_1784649760830_3202600224_Fencing and Fence Installation Services.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

Fencing with Automated Gate Operators and

Fence Installation Services

IFB No. 3202600224

Date of Release: July 21, 2026

Bids Due: August 4, 2026, by 10:00 a.m. Central Time

285-36 Gates, Electric, Including Card Readers, etc

330-13 Fencing, Chain Link, Including Fabric, Gates, Panels, Posts and Fittings

988-15 Fence Installation, Maintenance and Repair

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

Nicole McMurtray, CTCD/CTCM

Procurement Lead

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

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Table of Contents

Article 1 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 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-Bidder Response

3.13 Public Information Action-Contract Award

3.14 Bidder 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

Article IV Bid Process

4.1 Sole Point of Contact

4.2 Bid Composition

4.3 Bid Submission and Delivery

Article V Bid Tabulation and Award Process

5.1 Screening of Responses

5.2 Evaluation

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Article VI Required Bid Information

6.1 Execution of Bid

6.2 Cost Sheet

6.3 VetHUB Subcontracting Plan

LIST OF ATTACHMENTS AND FORMS

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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:

“Addendum” means a written addition, change, or supplement to this

Solicitation that is posted as a notification to the ESBD prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and

“Business Days” may be used interchangeably. All uncapitalized references to

“days” shall be calendar days.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful

Bidder, which will incorporate the contents of this IFB and the Successful

Bidder’s Bid, 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.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract

IFB No. 3202600224 Page 6 of 30 awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

“PCS” means Procurement and Contract Services, a department within TWC’s

Business Operations division.

“PS” means Procurement Services, a division of PCS.

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. 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 Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“VetHUB” means 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.

“VHSP” means 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 VHSP subsequently becomes a provision of the awarded

Contract and shall be monitored for compliance by TWC during the term of the

Contract.

https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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“TWC” means the Texas Workforce Commission.

“VPTS” means 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.

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Article 1 Purpose, Authority and Schedule of Events

1.1 PURPOSE

Procurement Services (PS), a section within the Texas Workforce Commission

(TWC), will administer the procurement process for this Solicitation, which includes Invitation for Bid (IFB) announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. Procurement and Contract

Services (PCS), the department within which PS resides, 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.

TWC is seeking competitive bids for procuring and installing fencing with automated gate operators, and related scope at the TWC building located at

12312 North Mopac Expressway, Austin, Texas.

1.2 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code §§ 2155.062 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 Bids will be published as an Addendum posted to the

ESBD. Bidder is required to sign and return an Addendum or Addenda with the Bid.

mailto:VendorProposal@TWC.texas.gov

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EVENT DATE and TIME

Solicitation Notification posted to ESBD July 21, 2026

Site Visits (Must be scheduled through the Sole Point of Contact in Section 5.1)

July 22 -July 30, 2026

Deadline for Submission of Bids (NOTE:

Bids must be RECEIVED by TWC by the deadline)

August 4, 2026, at 10:00

AM Central Time

Anticipated Notice of Intent August 2026

Anticipated Contract Start Date August 2026

Bidder must submit its Bid 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

The Texas Workforce Commission (TWC) is seeking to procure bids to furnish and install a complete chain-link fence with pedestrian gate and automated vehicular gate operator at the TWC building at 12312 North Mopac

Expressway, Austin, Texas 78758 (see Attachment 2 - Site Area Map).

2.2 SPECIFICATIONS

a. Successful Bidder is responsible for supplying all materials, equipment, labor, insurance, coordination and supervision required to complete the work as described in this Solicitation.

b. Successful Bidder must also include a minimum one (1) year warranty on materials and workmanship. Additionally, the Successful Bidder must provide a five (5) year manufacturer’s warranty for the operator against defects (parts only).

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c. Scope of work includes performing all site preparation, professional installation, and final site clean-up, including, but is not limited to:

1. Private utility scanning to identify any private utilities within the project area (prior to commencement of work);

2. Establishment of a professional string line for the proposed fence line for

TWC approval (prior to commencement of work);

3. Drilling and excavation for concrete footers to the depths in the approved plan;

4. Spreading of spoils on-site: all excavated spoils from the drilling of concrete footers must be spread on-site thinly and evenly in adjacent areas on-site as directed by TWC;

5. Core drilling through existing surfaces required for the installation of fence posts (all cored holes must be accurately aligned and sized appropriately for the post and required footing); and

6. Onsite dumpster for waste management, including but not limited to, general construction trash, packaging, and non-hazardous waste materials.

d. Successful Bidder’s fencing and installation services must meet the requirements as stated below and in Attachment 2 - Site Area Map.

2.2.1 Fence and Gates

a. Chain Link Fencing: Seven hundred seventy-eight (778) linear feet of six

(6) foot galvanized chain link fencing, topped with one (1) foot of four

(4)-point barbed wire.

b. Pedestrian Walk Gate: thirty-six (36) inch wide pedestrian chain link walk gate equipped with a standard hinge and padlock able strong-arm latch

c. Vehicular Gate: thirty (30) foot double-drive V-Track slide gate.

d. Core Drilling as needed with haul-off of debris.

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2.2.2 Automated Gate Operators

a. Two (2) Liftmaster CSL24UL Electric Slide Gate Operators

b. One (1) Master/Slaves conduit and cabling

c. Two (2) operator stands

d. Two (2) vehicle loop detectors

e. One (1) thru-beam photo eye

f. Two (2) gate edges with transmitter kits

g. One (1) single height black gooseneck pedestal

h. One (1) standalone keypad with hooded housing and vandal resistant

i. One (1) Knox Key Switch

j. Two (2) Knox Fire Chain Releases

k. Safety Standard: must meet or exceed UL325 Safety Standard Code

Compliance and ASTM F2200

2.2.3 Civil and Electrical Utility Work to Land Power and Communication Lines:

a. Sawcut existing concrete for trenches and haul-off (all resulting debris from the saw-cutting must be completely removed from the site and legally disposed of)

b. Electrical trenching: one (1)-inch conduit, power wiring, and breakers for operators (includes interior and exterior work necessary to land power at the panels located on the Northeast corner of the building)

c. Communications trenching: one (1)-inch conduit, building penetration and pull string (includes pathway from pedestal to both operators, and then operators to the building)

d. Trenching and building penetrations with LB conduit bodies and professional sealant

e. Following installation of underground utilities, Successful Bidder must restore the site by patching all concrete with rebar reinforcement

2.2.4 Fence Material Specifications

a. Terminal Posts:

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1. Length: 10’6”

2. Diameter: 2 7/8”

3. Wall thickness: Schedule 40 (40W) Galvanized Steel

b. Line Posts

1. Length: 10’ 6”

2. Diameter: 2 3/8”

3. Wall Thickness: Schedule 40 (40W) Galvanized Steel

4. Spacing: 10’ O.C. (On Center) Maximum

c. Top Rail

1. Length: 21’

2. Diameter: 1 5/8”

3. Wall Thickness: Schedule 40 (40W)

d. Chain Link Fabric

1. Height: 6 feet

2. Thickness: 9 Gauge Galvanized Wire

3. Mesh Size (Width/Height of Diamond): 2”

4. Finish/Weight: 1.2 ounce zinc coating

5. Selvage Type: Knuckle/Twist

e. Barbwire

1. Thickness: 12 ½ Gauge

2. Type: 4PT (4-Point Barbs)

f. Tension Wire: 9 Gauge Thickness

g. Core Drilling: where required, Successful Bidder must perform core drilling with a minimum diameter of three times the post size to facilitate post installation

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h. Finish: Galvanized

i. Concrete: All posts must be set in 3,000 PSI ready-mix concrete (no bag cement permitted)

j. Clean-up and disposal: Successful Bidder is responsible for the immediate containment, vacuuming, and off-site disposal of all drilling slurry, dust, and concrete cores

2.2.5 Pedestrian Walk Gate Specifications

a. Terminal Posts:

1. Length: 10’6”

2. Diameter: 2 7/8”

3. Wall thickness: Schedule 40 (40W)

b. Gate Frame:

1. Width: 36 inches (3-foot) clear opening

2. Height: 6 feet

3. Length: 21’

4. Diameter: 1 5/8”

5. Wall Thickness: Schedule 40 (40W)

c. Chain Link Fabric

1. Height: 6 feet

2. Thickness: 9 Gauge

3. Mesh Size (Width/Height of Diamond): 2”

4. Coating Weight: 1.2 ounce Galvanized zinc coating

5. Selvage Type: Knuckle/Twist

d. Barbwire

1. Thickness: 12 ½ Gauge

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2. Type: 4PT (4-Point Barbs)

e. Hinges: 2 7/8” Diameter heavy-duty commercial hinges

f. Latch: Strong Arm

g. Overall Finish: Galvanized

h. Concrete: All terminal posts must be set in 3,000 PSI (compressive pressure per square inch) ready-mix concrete (no bag cement permitted)

2.2.6 Vehicular Gate Material Specifications

a. Gate Posts

1. Width & Depth: 3” x 3” (Square)

2. Height: 10’

3. Wall Thickness: 11 Gauge (11ga)

b. Top/Bottom Rail

1. Width (Diameter): 2 3/8”

2. Wall Thickness: Schedule 40 (40W)

c. Vertical Bracing

1. Width (Diameter): 1 7/8”

2. Wall Thickness: Schedule 40 (40W)

d. Diagonal Bracing

1. Width (Diameter): 1 5/8”

2. Wall Thickness: Schedule 40 (40W)

e. Chain Link (Gate Fabric)

1. Height: 6’

2. Thickness: 9 Gauge

3. Mesh Size: 2”

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4. Coating Weight: 1.2-ounce zinc coating

5. Compliance: Full length of gate must meet UL325 Code

f. Barbwire

1. Thickness: 12 ½ Gauge

2. Type: 4PT (4-Point Barbs)

g. Track

1. Width: 6”

2. Thickness: 3/8”

3. Finish: Galvanized steel

h. Anchors

1. Width (Diameter): ½”

2. Length: 4 ¼”

3. Type: Concrete Wedge Anchors

i. V-Groove Wheels

1. Size (Diameter): 4”

2. Type: Power V-Groove

j. Overall Finish: Galvanized

e. Concrete: All gate posts must be set in 3,000 PSI (compressive pressure per square inch) ready-mix concrete (no bag cement permitted)

Article III General Information

3.1 TERMS AND CONDITIONS

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

Terms & 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.

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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 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 Bidders immediately following execution of the

Contract.

3.3 CONTRACT EXECUTION

If, for any reason, a Contract cannot be executed with a Bidder selected for award within thirty (30) days of TWC’s determination to seek to contract with that Bidder, TWC may negotiate a Contract with the next highest-scored

Bidder 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 6 months after execution date.

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.

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.

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3.6 PAYMENTS

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

Form 2 – Cost Sheet. 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.

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 Bidder and TWC.

3.8 NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder 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 Bidder 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. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

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3.10 OFFER PERIOD

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(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 Bidder unless expressly agreed upon in writing by TWC.

3.11 COST INCURRED

Bidder 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 Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in Oral

Presentations and Site Visits, or any other similar expenses incurred by a

Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.12 PUBLIC INFORMATION ACT-BIDDER 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.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies

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

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3.13 PUBLIC INFORMATION ACTION-CONTRACT AWARD

Within five (5) Business days of Contract execution, the Successful Bidder 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);

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

Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in

Subsection (b) of this section must be identical to those set forth in the

Original Bid 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.

3.14 BIDDER WAIVER-INTELLECTUAL PROPERTY

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY BIDDER 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 BIDDER OR ANY THIRD PARTY FOR ANY MATERIALS

SUBMITTED TO TWC BY BIDDER.

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3.15 INSURANCE

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

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

Workers Compensation: Statutory Limits

Employers Liability: Each Accident $1,000,000

Disease – Each Employee $1,000,000

Disease – Policy Limit $1,000,000

Commercial General Liability:

Occurrence based:

Bodily Injury and Property Damage

Each occurrence limit: $2,000,000

Aggregate limit: $4,000,000

Medical Expense each person: $5,000

Personal Injury and Advertising Liability: $1,000,000

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

Damage to Premises Rented to You: $50,000.

Automobile Liability:

$1,000,000 Per Accident (Coverage must apply to "Any Auto" or "Hired and Non-Owned Autos")

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

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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 work commences. However, failure to obtain the required documents prior to the beginning of the work shall not waive the Successful Bidder’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 Bidder’s responsibility to recommend to

TWC alternative methods of insuring the Contract. Any alternatives proposed by Bidder should be accompanied by a detailed explanation regarding Bidder'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.

3.16 CHANGES OF OWNERSHIP OR FINANCIAL CONDITION

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

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

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The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid 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 Bidder that:

a. If the Successful Bidder 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 Bidder 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;

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

Successful Bidder 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 Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.17.2 Assessment of Liquidated Damages

a. The Scope of Work must be Substantially Complete within the time specified in the Contract which shall be measured in Working Days.

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Should the Successful Bidder fail to achieve Substantial Completion within the specified time, accounting for any approved time extensions, the Successful Bidder shall be assessed liquidated damages in the amount of $250.00 for each working day that substantial completion is delayed.

b. For the purposes of this Solicitation, "Substantial Completion" is the stage of the Work when the project is sufficiently complete in accordance with the Solicitation so that TWC can occupy and utilize the Work for its intended use. For this project, Substantial Completion shall be achieved, at a minimum, only when all of the following conditions have been met:

1. The entire fence line is fully installed, and the project site is secure.

2. The vehicular slide gate and pedestrian walk gate are fully installed and are operating automatically using their permanent power sources and control systems.

3. All specified access control systems, including the keypad and Knox switches, are installed and fully functional.

4. All required safety devices, including vehicle loops, photo eyes, and gate safety edges, are installed, tested, and fully operational in accordance with UL 325.

5. The only remaining work consists of minor corrective items that do not prevent the full, safe, and secure operation of the fence and gate system as determined by TWC.

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

d. Upon receipt of written notice, the Successful Bidder 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.

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e. TWC has the right to amend the corrective action plan submitted by the

Successful Bidder.

f. 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 Bidder at no cost to and upon approval by the TWC Contract Manager.

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

h. If the breach is not cured or the Successful Bidder does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Bidder, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

i. The Successful Bidder must make payment within thirty (30) days of

TWC’s demand.

j. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments.

k. 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.

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Bidder 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

Bidder 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, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful

Bidder to terminate any Subcontractor with or without cause.

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

Bidder 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

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

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

Article IV Bid Process

4.1 SOLE POINT OF CONTACT

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Nicole McMurtray, CTCD/CTCM

Procurement Lead https://comptroller.texas.gov/taxes/franchise/

IFB No. 3202600224 Page 26 of 30

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 Bidder and Bidder that has submitted a Bid 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 Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1.1 Sole

Point of Contact. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.2 BID COMPOSITION

4.2.1 General Information

Bidder must fully and completely address all requirements described in this

Solicitation. Incomplete or partial Bids will not be considered. The Bidder must provide all information that the Bidder believes would be helpful to TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.2.2 Ambiguity, Conflict, or Discrepancy

Bidders must notify the person listed in Section 4.1.1 Sole Point of Contact, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB. If Bidder fails to properly and timely notify the person listed in Section 4.1.1 Sole Point of Contact, of any ambiguity, IFB No. 3202600224 Page 27 of 30 conflict, discrepancy, exclusionary specification, omission or other error in the

IFB, the Bidder, whether awarded a contract or not:

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

b) Submits a Bid 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 potential

Bidder’s written inquiries or otherwise, and cancellation notices on the ESBD.

4.3 BID SUBMISSION AND DELIVERY

4.3.1 Deadline

Bids 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 bid 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.

IFB No. 3202600224 Page 28 of 30

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

4.3.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the Bidder.

Article V Bid 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 IFB minimum requirements and are deemed responsive and qualified for further consideration:

a. Bidder has completed, signed and submitted Form 1 – Execution of Bid in accordance with Section 6.1 Execution of Bid.

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

c. Bidder 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

Bidder at any time during the screening process.

5.2 EVALUATION

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

Article VI Required Bid Information

SUBMITTING BID INFORMATION

Form 1 - Execution of Bid

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Form 2 - Cost Sheet

Public Information Act -, if applicable. Reference Section 3.12

Public Information Act – Bidder Requirements Regarding Disclosure

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

(if applicable)

6.1 EXECUTION OF BID

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing and dating, Bidder 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 SHEET

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

Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

6.3 VETHUB SUBCONTRACTING PLAN

Bidder is not required to submit a VetHUB Subcontracting Plan with its Bid.

LIST OF ATTACHMENTS AND FORMS

Attachment 1 TWC Terms & Conditions

Attachment 2 Site Area Map

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 Substitute W-9 and Direct Deposit Form with Instructions

List of Attachments and Forms