ESBD_542136_1784842575680_458-E260613 Proprietary IFB FINAL.pdf

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 1

Proprietary Purchase Invitation for Bid

IFB No. 458-E260613

Existing Lab Chromatography Instrument:

Service Plan for Thermo Fisher Scientific Gas Chromatography Mass Spectrometer

NIGP Class/Item: 938-63

Laboratory Equipment and Accessories: Specialized, Biochemistry, Biology, Chemistry, etc., Maintenance and Repair

Date of Release: July 23, 2026

Responses Due: August 14, 2026, at 5:00 pm CDT

“These specifications are being advertised under Section 2155.067 of the Texas Government Code, Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award”.

“The issuing office believes that the requested items in this invitation for bid may be proprietary to one vendor under Section 2155.067 of the Government Code; however, the issuing office strongly encourages bids from all qualified bidders that may be able to provide the requested items”.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 2

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK AND AWARD

2.1 SCOPE OF WORK

2.2 CONTRACT AWARD, TERM, AND AMOUNT

2.3 NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 TABC CHANGES, AMENDMENTS, OR MODIFICATIONS TO THE

SOLICITATION

3.3 IRREGULARITIES IN THE SOLICITATION

3.4 INFORMALITIES IN A SOLICITATION RESPONSE

3.5 COMMUNICATIONS RELATED TO THIS SOLICITATION

3.6 SUBMITTING A SOLICITATION RESPONSE

3.7 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS .. 14

4.1 EVALUATION CRITERIA

4.2 INITIAL COMPLIANCE SCREENING

4.3 COMPETITIVE RANGE AND BEST AND FINAL OFFER

4.4 ORAL PRESENTATIONS AND SITE VISITS

4.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY THE TABC

ARTICLE V. NARRATIVE PROPOSAL

5.1 NARRATIVE PROPOSAL

ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

6.2 MAJOR SUBCONTRACTOR INFORMATION

6.3 LITIGATION AND CONTRACT HISTORY

6.4 CONFLICTS OF INTEREST

6.5 AFFIRMATIONS AND CERTIFICATIONS

ARTICLE VII. COST PROPOSAL

7.1 COST PROPOSAL

ARTICLE VIII. GENERAL TERMS AND CONDITIONS

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 3

8.1 GENERAL CONDITIONS

8.2 INSURANCE

ARTICLE IX. SUBMISSION CHECKLIST

1. Narrative Proposal and Respondent Information and forms

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 4

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

These specifications are being advertised under Section 2155.067 of the Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award.

The issuing office believes that the requested items in this request for offers may be proprietary to one vendor under Section 2155.067 of the Government Code;

however, the issuing office strongly encourages offers from all qualified respondents that may be able to provide the requested items.

The Texas Alcoholic Beverage Commission (“TABC”) seeks to contract with one or more qualified vendor(s) to provide a service plan for the existing Thermo Fisher Scientific Trace 1310 Gas Chromatograph and ISQ LT Mass Spectrometer.

To be considered for this award, Respondents must execute: Exhibit A – Respondent Affirmations and Solicitation Acceptance attached hereto and incorporated herein in their entirety for all purposes and must provide all other required information and documentation as set forth in this Invitation for Bids (“IFB” or “Solicitation”).

1.2 DEFINITIONS

Definitions in Exhibit B – TABC Uniform Terms and Conditions, shall apply upon execution of any Contract awarded pursuant to this IFB.

As used in this Solicitation, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation, issued by the TABC.

“Certified Thermo Fisher Scientific Technicians” means OEM factory-trained experts who are uniquely authorized to install, calibrate, repair, and validate Thermo Scientific laboratory equipment to exact factory specifications using original manufacturer parts.

“Contract” means the document governing the agreement between TABC and the recipient of any award for which proposals are being solicited pursuant to this IFB No. 458-E260613.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where state of Texas bidding opportunities over $25,000 are posted; located here.

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

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 5

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code; located here.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, required to be submitted with all responses to state agency Contracts with a potential value of $100,000 or more, where subcontracting opportunities have been determined by the state agency to be probable. The HSP subsequently becomes a provision of any Contract awarded and shall be monitored for compliance by the state agency during the term of the Contract and any extensions.

“Point of Contact” or “POC” means the TABC Purchaser named in Paragraph 3.5.1 below.

“Invitation for Bids” or “IFB” or “Solicitation” means this entire posting, including Exhibits and Addenda, if any, and the terms are interchangeable.

“Respondent” means the entity responding to this Solicitation.

“Response” or “Solicitation Response” means a Respondent’s complete submission pursuant to this IFB, and the terms are interchangeable.

“Scope of Work” or “SOW” refers to documentation defining tasks, deliverables, and timelines described in this Solicitation.

“Solicitation” means this entire posting, including Exhibits and Addenda, if any.

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

“Texas Alcoholic Beverage Commission” or “TABC” means the administrative agency established under the Texas Alcoholic Beverage Code, or its designee.

“Thermo Scientific™ Chromeleon™ Chromatography Data System (CDS)” means a unified chromatography and mass spectrometry data system designed for modern labs. It supports a broad range of MS instruments, including single quad, triple quad, and HRAM platforms.

“Vendor” means the entity contracted to perform the services described in this Solicitation.

1.3 AUTHORITY

The TABC is soliciting the services listed herein under Title 10, Subtitle D of the Texas Government Code, State Purchasing and General Services and the Texas Alcoholic Beverage Code.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 6

ARTICLE II. SCOPE OF WORK AND AWARD

2.1 SCOPE OF WORK

The Scope of Work (“SOW”) is incorporated herein in its entirety.

TABC seeks to procure a service plan for its existing Thermo Fisher Scientific Trace 1310 Gas Chromatograph and ISQ LT Mass Spectrometer. The successful Respondent shall provide a service plan for the instrument for a minimum of three

(3) years. TABC intends to award a service contract for up to three (3) years to a qualified Vendor.

Data security is critical. All records must be protected for confidentiality, integrity, and availability at rest, in transit, and in motion. Vendors must comply with Texas Business and Commerce Code § 521.053 regarding data breach notifications and implement measures to prevent unauthorized access, data corruption, and denial-of-service attacks. Certain requirements are mandated by statute; others may be negotiated during contract finalization.

2.1.1 Thermo Fisher Scientific Trace 1310 Gas Chromatograph and ISQ LT Mass Spectrometer Service Plan Specifications

A. A comprehensive breakdown of services and full cost structure for all offered service plans.

B. Documentation detailing the scope, limitations, and terms for each service plan.

C. One (1) scheduled annual standard Preventive Maintenance visit.

D. Any technical, digital, and in-person support and maintenance performed by technicians who are Thermo Fisher Scientific certified, and factory trained.

E. Provide a ticketing system to submit, track, and manage reported issues through resolution.

F. Priority status for technical support and corrective maintenance visits.

Response time for corrective maintenance visits within 3 days.

G. A scheduled on-site appointment must be made for any issue that remains unresolved one week after technical or virtual support has been attempted.

H. Onsite corrective maintenance visits include technicians labor, travel, and parts (excluding consumables). Replacement parts must be manufacturer-approved and covered by the manufacturer’s warranty.

I. All software training, updates, and support are conducted by technicians certified to operate Thermo Scientific™ Chromeleon™ Chromatography Data System (CDS) software.

J. Software and firmware updates upon request.

K. Access to Unity Lab Services’ Online Knowledge Base.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 7

2.1.2 Invoicing

A. The Vendor shall invoice the service plan and any replacement parts not covered under the service plan separately.

B. The Vendor shall submit invoices within two (2) weeks following the initiation of the annual service plan or the delivery of replacement parts.

C. All invoices shall comply with applicable TABC standards and requirements.

2.1.3 Vendor’s Responsibilities

The Vendor shall ensure instrument functionality and provide any resources, expertise, and services necessary to fulfill the requirements of this SOW, including but not limited to:

A. Provide in-person, phone, or computer-based technical support for troubleshooting, general inquiries, and assistance related to the instrument and any supporting equipment.

B. Perform technical and software support services using certified Thermo Fisher Scientific technicians.

C. Offer robust service plan options to ensure the instrument is properly maintained and operates at peak performance throughout its lifespan.

D. Support data security and regulatory compliance.

• Protect all data at rest, in transit, and in motion.

• Comply with Texas Business and Commerce Code §521.053 for data breach notifications.

• Implement measures to prevent unauthorized access, data corruption, and denial-of-service attacks.

2.1.4 Agency Responsibilities (TABC)

A. TABC will act in a reasonable manner in all interactions with the Vendor and will provide timely payment for work that has been satisfactorily completed in accordance with the terms of the agreement.

2.2 CONTRACT AWARD, TERM, AND AMOUNT

2.2.1 Contract Award and Execution

The TABC intends to award one or more Contract pursuant to this Invitation for Bids. Any award is contingent upon approval of TABC’s Executive Director or designee.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 8

If, for any reason, a final Contract cannot be executed with the selected Respondent within 60 (sixty) days of the issuance of the Notice of Award, the TABC may negotiate with the next highest scoring Respondent; or may withdraw or modify this IFB, including making a partial award.

2.2.2 Contract Term

Delivery shall commence upon the issuance of a Contract by TABC and will expire upon the date specified in service and maintenance agreements, or at the end of associated service and maintenance optional renewal periods, as agreed upon in associated Contract(s).

2.2.3 Contract Amount

The total compensation for services in the SOW shall not exceed $60,000 (SIXTY THOUSAND DOLLARS). However, notwithstanding the preceding, the TABC reserves the right to increase the amount of the award if additional state or federal funding becomes available during the term of the Contract and any extensions.

2.3 NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION

The TABC makes no guarantee of volume, usage, or total compensation to be paid under any Contract awarded hereunder, which is subject to appropriations and the continuing availability of funds.

The TABC reserves the right to cancel this Solicitation at any time prior to making an award; or to make a partial award; or to decline to make any award whatsoever, in its sole discretion.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 9

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATES AND TIMES

IFB Release Date July 23, 2026

Deadline for Submitting Questions and Requests for Clarification

August 3, 2026

Deadline for TABC to Post Responses to Questions and Clarifications

August 5, 2026

Deadline for Submissions:

RESPONSES MUST BE

RECEIVED BY THE TABC BY OR BEFORE THIS

DAY AND TIME.

August 14, 2026 at 5:00 pm

CDT

Evaluation Period August 17 – 25, 2026

Anticipated Date for Notice of Award August 26, 2026

Anticipated Contract Start Date September 1, 2026

Note: The dates above are tentative. The TABC reserves the right to modify them at any time by notice posted to the ESBD. Any dates occurring after the Deadline for Submissions are subject to revision, in the sole discretion of the TABC, to dates earlier or later than shown, without notification on the

ESBD.

3.2 TABC CHANGES, AMENDMENTS, OR MODIFICATIONS TO THE SOLICITATION

The TABC reserves the right to change, amend, or modify any provision of this Solicitation, or to withdraw it at any time prior to award if determined to be in the best interest of the state. Revisions will be posted on the Texas Electronic State Business Daily (ESBD), and it is the responsibility of Respondents to check the Texas Electronic State Business Daily (ESBD) periodically to ensure full compliance with the requirements of this Solicitation and any Addenda.

Respondents shall rely only on written statements issued by or through the TABC concerning this Solicitation and revisions to it, if any.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 10

3.3 IRREGULARITIES IN THE SOLICITATION

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the Point of Contact listed in Paragraph 3.5.1 below, as soon as possible, so that correct or clarified information can be furnished to all prospective Respondents.

3.4 INFORMALITIES IN A SOLICITATION RESPONSE

The TABC reserves the right to waive minor informalities in a Solicitation Response if determined to be in the best interest of the state. A "minor informality" is an omission or error that, in the TABC's sole determination, would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Solicitation Response or the requirements of this Solicitation, if waived or modified during evaluation.

3.5 COMMUNICATIONS RELATED TO THIS SOLICITATION

3.5.1 Point of Contact (“POC”)

All questions and requests for clarification and all other communication about this Solicitation shall be sent by electronic mail directly to the TABC's Solicitation Responses inbox with a copy to the TABC Purchaser named below.

Questions concerning preparation of the HUB Subcontracting Plan should also be submitted as directed here.

Primary Point of Contact Name: Casey Heideman, CTCD Title: TABC Purchaser and HUB Coordinator Email to: Solicitation.Responses@tabc.texas.gov w/copy to: Casey.Heideman@tabc.texas.gov

Alternate Point of Contact Name: Kate Lype, CTCD, CTCM Title: TABC Procurement Manager Email to: Solicitation.Responses@tabc.texas.gov w/copy to: Kate.Lype@tabc.texas.gov

3.5.2 Prohibited Communication

Upon issuance of this Solicitation, neither the TABC nor its representatives or partners will answer any questions or otherwise discuss this Solicitation with potential Respondents or their representatives, except as described in Paragraphs 3.5.1, 3.5.4, and 3.5.5 hereof. Asking questions by phone or in person is strictly prohibited and attempts to do so will not be allowed or recognized as valid. This prohibition does not preclude communication between or among affected parties required to conduct business unrelated to the Solicitation.

mailto:Solicitation.Responses@tabc.texas.gov mailto:Casey.Heideman@tabc.texas.gov mailto:Solicitation.Responses@tabc.texas.gov mailto:Kate.Lype@tabc.texas.gov

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Failure to comply with this prohibition may result in Respondent's disqualification.

3.5.3 This Paragraph was intentionally left blank.

3.5.4 Required Format for Questions

Questions must be submitted by email to the two addresses listed as the Primary Point of Contact listed in Paragraph 3.5.1. Please include your company’s name, address, phone number, email address, and the name of your contact person when submitting questions. Respondent names will be removed from questions if released with a TABC response.

Use the following format to submit questions to avoid rejection:

A. IFB No. 458-E260613 B. Section Number C. Paragraph Number D. Page Number E. Text of the passage being questioned F. Question

3.5.5 Communication Deadline

Respondents must notify the TABC POC of any ambiguities, conflicts, discrepancies, exclusionary specifications, omissions, or other errors noted in the Solicitation. Such notifications, as well as all questions, must be received by the TABC by the Deadline for Questions in the Schedule of Events in Section 3.1.

Notwithstanding the preceding, the TABC, in its sole discretion, may respond to communications received after the deadline.

If a Respondent fails to properly and timely notify the POC of such issues, the Respondent submits a Solicitation Response at its own risk. If awarded a Contract, such Respondent: (1) shall have waived any claim of error or ambiguity in the Solicitation and any resulting Contract, (2) shall not contest the interpretation by TABC of any such provision(s), and (3) shall not be entitled to additional compensation relief or time, by reason of ambiguity, error, or later correction.

3.5.6 TABC Responses to Questions

TABC responses to questions may be posted on the ESBD. The TABC reserves the right to amend any answers that were posted prior to the deadline for submission of Solicitation Responses. It is the responsibility of each Respondent to check the ESBD for TABC communications which may affect the IFB, the Solicitation Response, or the solicitation process. The TABC reserves the right to decline to answer any question or to provide a consolidated answer to questions selected for response.

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3.6 SUBMITTING A SOLICITATION RESPONSE

3.6.1 Generally

Respondents shall submit by email an original Proposal with all required documents; Respondent information; and an original Cost Proposal; with each document marked “Original.” Failure to submit all required documents in the required format(s) and properly labeled, may result in disqualification of the Response without further consideration. Responses to this Solicitation must clearly and concisely represent Respondent’s qualifications and capabilities to perform the services required under this Solicitation.

The TABC, in its sole discretion, may reject any or all proposals or portions thereof.

3.6.2 Submission in Separate Parts

Sections of the Solicitation Responses must be submitted as separate documents and, if necessary, may be transmitted in more than one email, grouped as follows:

• Original Proposal and Respondent Information

• Original Cost Proposal

NOTE: If your Response will be submitted in more than one email, please assign numbering to account for them all (e.g., 1 of 3; 2 of 3; 3 of 3, etc.).

To ensure that TABC receives your entire Response for evaluation and that no files are lost in transmission, you must also send a separate confirmation email to the TABC POC stating that you submitted your Response by the deadline in the Schedule of Events.

The confirmation email must include: (a) the subject line of each email sent; (b) the title of each document attached to each email; and (c) the time and to whom each email was sent.

3.6.3 Supporting Documentation

If your Response requires supporting documentation for any reason, it must be provided with the Response, clearly labeled and cross-referenced to each tab, page, section, and/or paragraph to which it applies.

3.6.4 Discrepancies This Paragraph was intentionally left blank.

3.6.5 Exceptions

The TABC will more favorably evaluate Responses that offer no or few exceptions, reservations, or limitations to the terms and conditions of this Solicitation.

No exception, term, condition, or provision of a Solicitation Response that varies from or contradicts this Solicitation will be construed as affecting any contract awarded unless expressly added by the TABC, in writing.

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Respondents should not assume that any term, condition, or provision of the Solicitation can or will be negotiated. Furthermore, all Responses constitute binding offers. Any Response that includes any disclaimer or other statement indicating that the Response is not a binding offer may be disqualified.

3.7 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.7.1 Deadline to Respond

Solicitation Responses must be received electronically by TABC no later than the day and time specified in the Schedule of Events in Section 3.1.

3.7.2 Labeling

Responses shall be emailed to Solicitation.Responses@tabc.texas.gov with a copy to Casey.Heideman@TABC.texas.gov; and the email subject line shall be:

Response to IFB 458-E260613 – Existing Lab Chromatography Instrument:

Service Plan for Thermo Fisher Scientific Gas Chromatography Mass Spectrometer

SOLICITATION: IFB 458-E260613

SOLICITATION NAME: Existing Lab Chromatography Instrument: Service Plan for Thermo Fisher Scientific Gas Chromatography Mass Spectrometer

RESPONSE DEADLINE: August 14, 2026 at 5:00 pm CDT

Documents originally submitted as part of the Response must be clearly named and labeled “Original.”

It is solely the responsibility of Respondent to deliver a complete Response by the specified date and time with documents labeled as instructed. The TABC will not be responsible for the mishandling of any Response prior to its receipt by the

TABC.

3.7.3 Delivery

Respondents are strongly encouraged to submit their Response prior to the deadline to ensure appropriate time for troubleshooting if files do not transmit properly.

NOTE: All Solicitation Responses become the property of the TABC upon receipt and will not be returned to Respondent.

3.7.4 Alterations, Modifications, and Withdrawals

Prior to the submission deadline, a Respondent may: (a) withdraw its Response by submitting a written request to the TABC POC; or (b) modify its Response by submitting a written amendment to the TABC POC. TABC may request additional information or modifications at any time after receiving a Response.

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 14

ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Title 10, Subtitle D of the Texas Government Code and other applicable law. The TABC is not obligated to accept the lowest-priced Response but shall make an award to the Respondent that, in the sole judgement of the TABC, provides the best value to the state of Texas.

4.1.2 Minimum Qualifications

Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential Contract may be rejected. Respondent must meet the minimum qualifications listed below.

a) Respondent must have recently been in business for a minimum of five (5) years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided service for highly specialized laboratory equipment.

b) Respondents must be certified to work with and demonstrate experience in providing service and support for Chromeleon CDS software and the Thermo Fisher Scientific Trace 1310 Gas Chromatograph and ISQ LT Mass Spectrometer. Respondents are required to submit a referral list with contact information for laboratories or companies that can provide feedback on their services and performance.

c) Respondent must be financially solvent and adequately capitalized.

d) Respondent must be authorized to do business in the state of Texas.

e) Respondent must meet minimum requirements within the Scope of Work herein as Section 2.1, as pertains to specified service plan, training, and computer replacement.

4.1.3 Specific Criteria

Solicitation Responses shall be evaluated consistently, with scores weighted according to the following criteria:

a) Service Plan Specifications (25%)

b) Training Specifications (25%)

c) Computer Specifications (25%)

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d) Respondent’s Thermo Scientific™ Chromeleon™ CDS software and Thermo Fisher Scientific Trace 1310 Gas Chromatograph and ISQ LT Mass Spectrometer certification (10%)

e) Respondent’s ability to provide manufacturer-approved parts covered by the manufacturer’s warranty (10%)

f) Cost (20%)

4.1.4 Other Information

The TABC may contact any references provided, may contact Respondent's clients, or may solicit information from any available source including, but not limited to, the Texas Comptroller's Vendor Performance Tracking System.

Respondent should provide information on any type of industry standard feedback or awards to also include accreditation, certification, and/or industry partnerships.

The Respondent may be asked to provide a short demonstration of knowledge and abilities. These will be submitted on a thumb drive or online viewing platform that TABC evaluators can review if needed.

4.2 INITIAL COMPLIANCE SCREENING

The TABC will perform an initial screening of all Solicitation Responses received.

Unsigned Responses and any that do not meet the minimum qualifications in Paragraph 4.1.2 above, or that do not include all required documents, forms, signatures, and information may be subject to rejection without further evaluation.

4.3 COMPETITIVE RANGE AND BEST AND FINAL OFFER

The TABC may determine that certain Responses are within the competitive range and may use this range to award multiple contracts or as a basis to request a Best and Final Offer (“BAFO”) from select Respondents. If the TABC elects to limit award consideration to a competitive range, the competitive range will consist of the Responses that receive the highest or most satisfactory ratings based on the published evaluation criteria and procedures governing this procurement. The TABC, in the interest of administrative efficiency, may place reasonable limits on the number of Solicitation Responses that will be included in the competitive range.

The TABC may, at its discretion, request that any or all Respondents provide a BAFO. A request for a BAFO from TABC does not guarantee an award or further negotiations.

4.4 ORAL PRESENTATIONS AND SITE VISITS

The TABC may require an oral presentation from any or all Respondents.

Respondents will be given advance notice of any oral presentation and are responsible for their own presentation equipment. Failure to participate in a requested presentation may eliminate a Respondent from further consideration.

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The TABC is not responsible for any costs incurred by the Respondent in preparation for an oral presentation.

The TABC may make site visits to any or all Respondents. The TABC will notify selected Respondents of the time and location of any planned site visits. Failure to permit or participate in the site visit may eliminate the Respondent from further consideration. The TABC is not responsible for any costs incurred by the Respondent in preparation for any site visit.

4.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY THE TABC

The TABC reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, including during oral presentations, site visits, or during the BAFO process.

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ARTICLE V. NARRATIVE PROPOSAL

5.1 NARRATIVE PROPOSAL

5.1.1 Executive Summary

Respondents must provide a high-level overview of their approach to meeting the requirements in the SOW in Section 2.1. The summary must demonstrate an understanding the TABC's goals and objectives under this Solicitation.

5.1.2 Project Work Plan

Respondents must describe their proposed processes and methodologies for providing all components of the SOW in Section 2.1. Respondent should identify all tasks to be performed, including all project activities, equipment to be used, materials, and other products, services, and reports to be generated during the contract period.

In addition, Respondent must document at least four (4) other projects of similar complexity. Failure to document comparable projects may result in disqualification.

5.1.4 Key Staffing Profile

Respondent must provide a key staffing profile and resume for staff who will be responsible for the performance of the services requested under this Solicitation.

ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation, including in the SOW in Section 2.1, and to produce the specified goods or services on time.

Respondent must also provide the following information:

6.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services in the SOW, focusing on its company's key strengths and competitive advantages.

6.1.2 Company Profile

Provide a company profile which includes:

(a) a narrative and a graphical representation of the company’s ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. If

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Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, Respondent must identify the percentage of ownership and the percentage of the parent’s ownership. The entity performing the majority of the services under a contract must be the primary bidder, throughout the term of the contract. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entity or entities (i.e., parent company, affiliate, joint venture, subcontractor) will perform them;

(b) if incorporated, indicate the state where the company is incorporated, the date of incorporation, and the year in which the company was founded and/or incorporated;

(c) the location of company headquarters and any field offices that may provide services for any contract resulting from this Solicitation;

(d) the number of employees in the company, both locally and nationally, and the locations from which employees will be assigned;

(e) the name, address, and telephone number of Respondent’s point of contact for any contract resulting from this Solicitation; and

(f) whether the company has ever been engaged under a contract by any Texas state agency. If “yes,” specify when, for what duties, and for which agency.

Note: If Respondent is an out-of-state company, a Certificate of Authority from the Texas Secretary of State to do business in Texas must be provided, as well.

6.2 MAJOR SUBCONTRACTOR INFORMATION

Respondent must identify any major subcontractors to be utilized in performing 15% (fifteen percent) or more of any contract. Respondent must indicate whether Respondent holds a financial interest in any major subcontractor so listed. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement affirming that the subcontractor has read and will agree to abide by Respondent's obligations under any contract awarded pursuant to this Solicitation.

6.3 LITIGATION AND CONTRACT HISTORY

Respondent must include in its Solicitation Response complete disclosure of any alleged or proven significant contractual failures. In addition, Respondent must disclose its involvement in any civil or criminal litigation or investigation during the past five (5) years in which Respondent was found guilty or liable, including any such allegations currently pending.

The respondent must also disclose any settlement agreements entered into during the last five (5) years related to alleged contractual failures. Failure to provide all required information may disqualify Respondent. Solicitation Responses may be rejected based on Respondent's prior history with the state of Texas or with any

IFB No. 458-E260613 • Texas Alcoholic Beverage Commission • tabc.texas.gov 19 other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure to meet contractual obligations.

6.4 CONFLICTS OF INTEREST

Respondent must certify that it has no personal or business interests that present a conflict of interest with respect to the IFB and any resulting contract. If applicable, Respondent must also disclose all potential conflicts of interest. Respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence, and objectivity will be maintained. The TABC will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or the termination of any contract awarded pursuant to this IFB.

Please include any activities of any affiliated or parent organizations and individuals who may be assigned to this Contract.

6.5 AFFIRMATIONS AND CERTIFICATIONS

Respondent must complete and return all the following listed forms, attached hereto and incorporated herein in their entirety for all purposes:

a) Exhibit A – Respondent Affirmations and Solicitation Acceptance

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ARTICLE VII. COST PROPOSAL

7.1 COST PROPOSAL

As noted above, Cost Proposals must be submitted separate and apart from, and be excluded from, Respondent's Information and Narrative proposal.

Respondent’s Cost Proposal must cover the services listed in the SOW in Section 2.1.

Cost proposals shall include all costs for labor, materials, tools, supplies, equipment, personnel travel and associated and incidental costs necessary to provide the products and services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this IFB and all Exhibits.

Depending on overall project funding and cost of solution, TABC may alter the quantity or amount deemed for the project and new System installation. The proposal price should be based on the purchase of one (1) complete System to determine the total cost if the total counts for two (2) to five (5) Systems. If the proposal is based on discounted pricing for multiple quantities, this information should be reflected in the cost proposal and a ‘date to be paid to receive discount’ to meet the terms of the discount.

Most items are purchased or upgraded on an annual basis, should there be a need to cover an additional purchase during the year for compliance and regulation purposes, TABC asks that the price structure of optional items cost list is fixed throughout the year. Otherwise, any additions or upgrades that have associated cost will be completed at the annual renewal period. Pricing for additional optional items should be submitted 120 days prior to the expiration date for budget and contract modifications.

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ARTICLE VIII. GENERAL TERMS AND CONDITIONS

8.1 GENERAL CONDITIONS

8.1.1 Solicitation Amendments

The TABC reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw it entirely at any time prior to award, if determined to be in the best interest of the state.

8.1.2 Offer Period

Solicitation Responses shall be binding for 60 (sixty) days after the deadline for submission listed in the Schedule of Events in Section 3.1 hereof. Respondents may extend the time during which their Response will be honored but may not shorten it. Upon contract execution, prices agreed upon by the Respondent are an irrevocable offer for the term of the contract and any extensions. No other costs, rates, or fees shall be due or payable to the Respondent unless expressly agreed upon in writing by the TABC.

8.1.3 Costs Incurred

Respondents understand that the issuance of this Solicitation in no way constitutes a commitment by any TABC division or employee to award a contract or to pay any costs incurred by a Respondent in preparing a Response. The TABC is not liable for any costs incurred by a Respondent prior to issuance, execution, or entrance into a formal agreement, contract, or purchase order. Costs of developing Solicitation Responses, preparing for or participating in oral presentations and site visits, or any other 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.

8.1.4 Contract Responsibility

The TABC will look solely to Respondent for the performance of all contractual obligations resulting from an award made pursuant to this Solicitation. Respondent shall not be relieved of the responsibility for its obligations based on nonperformance by any of its subcontractors.

8.1.5 Public Information Act

Solicitation Responses are subject to the Texas Public Information Act (“PIA”), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the PIA, certain information may be protected from public release. Respondents who wish to protect portions of their Solicitation Response from public disclosure should familiarize themselves with relevant law or consult an attorney. Information in the Solicitation will be withheld or released in strict accordance with the PIA.

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8.2 INSURANCE

8.2.1 Required Coverage

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

8.2.2 Alternative Insurability

Notwithstanding the requirements of Paragraph 8.2.1 above, TABC reserves the right to consider reasonable alternative methods of insuring any contract awarded pursuant to this Solicitation. It is Respondent's responsibility to submit to TABC alternative methods of insuring the contract, accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds ordinarily carried in the industry. The TABC shall judge the adequacy of any alternative form of insurance coverage submitted, and the final decision concerning adequacy shall be in the sole discretion of the TABC.

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ARTICLE IX. SUBMISSION CHECKLIST

This checklist is provided for convenience only and identifies documents which are requested in this Solicitation.

Original Solicitation Response Package

The Solicitation Package must include the Original Solicitation Response consisting of three parts, described in detail below. Each of the three main parts should be in separate electronic files, clearly labeled.

1. Narrative Proposal and Respondent Information and forms

a. Narrative Proposal (Section 5.1) ____

b. Company Information (Section 6.1) ____

c. Major Subcontractor Information (Section 6.2) ____

d. Litigation and Contract History (Section 6.3) ____

e. Conflicts (Section 6.4) ____

f. Respondent Affirmations and Solicitation

Acceptance (Section 6.5) _________

2. Cost Proposal (Section 7.1) ____

3. Exhibits requiring execution are indicated with an asterisk below. They must be completed, signed, and returned to TABC at this time. All Exhibits are incorporated herein either physically or by reference in their entirety for all purposes and will also be incorporated into any resulting Contract. Documents may be signed electronically or submitted with a scanned signature.

o EXHIBIT A – RESPONDENT AFFIRMATIONS AND SOLICITATION

ACCEPTANCE*

o EXHIBIT B – TABC UNIFORM TERMS AND CONDITIONS

2.3 NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION