ESBD_549011_1786714588029_TMD26-~1.PDF

TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP CODES

936-33 Fire Protection Equipment and Systems Including Fire Hydrants, Fire Sprinkler Systems, Smoke Detectors, Jaws of Life, Fire Protection Material Treatment, Firestop and Fire Barriers, etc. Inspection, Maintenance and Repair

SOLICITATION NO.

TMD26-FMO-0044573

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATED ISSUED

08/14/2026

INVITATION FOR BIDS (IFB) - Austin Bergstrom International Airport (ABIA) Foam Systems Repairs, Austin Respondent must submit email responses no later than 2:00 P.M.

local time on 09/15/2026 to the following email addresses.

Texas Military Department (TMD) Procurement and Contract Services (P&CS) Email: Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov Attention: TMD26-FMO-0044573 ABIA Foam Systems Repair

FOR INFORMATION CONTACT:

Susannah Jones

Contract Specialist, CTCD, CTCM

Contract Administrator

PHONE: 512-782-3826

EMAIL: Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF Respondent

RESPONSE DATE TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

This solicitation must be in accordance with the attached Texas Military Department (TMD) Standard Terms and Conditions Revision 8 (Attachment G.1). Unit prices must govern in the event of extension errors.

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

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

mailto:Procurement@military.texas.gov mailto:Susannah.Jones@military.texas.gov mailto:Procurement@military.texas.gov mailto:Susannah.Jones@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

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

Date Time CST Event

08/14/2026 Solicitation Posted to ESBD.

08/26/2026 10:00 A.M. - 12:00 P.M.

Mandatory site visits. Texas Military Department, Austin Bergstrom International Airport (ABIA), located at 5102 Emma Browning Avenue, Austin, Texas 78719.

*** The TMD Fire Marshall (Section C.6.2) will meet all Respondents at the main entrance located at 5102 Emma Browning Avenue, Austin, Texas 78719 at 10:00 A.M. ***

Failure to attend one (1) of the site visits will result in disqualification of the response. State issued identification (i.e. Driver’s License) is required to access the site.

08/27/2026 1:00 P.M. - 2:00 P.M.

Mandatory site visits.

*** The TMD Fire Marshal will meet all Respondents at the main entrance located at 5102 Emma Browning Avenue, Austin, Texas 78719 at 1:00 P.M. ***

Failure to attend one (1) of the site visits will result in disqualification of the response. State issued identification (i.e. Driver’s License) is required to access the site.

09/2/2026 2:00 P.M. Last day to submit written questions for clarification to TMD.

09/4/2026 Estimated date for TMD to post responses to Question and Answer (Q&A) document to ESBD.

09/2/2026 2:00 P.M. Deadline to submit the draft Subcontracting Plan for Review.

09/9/2026 Deadline for TMD to provide courtesy review of the draft Subcontracting Plan.

09/15/2026 2:00 P.M. Deadline for TMD to receive Bids.

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 Billing and Payment B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 MANDATORY PRICING SCHEDULE

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 STATEMENT OF WORK

C.2.1 Statement of Work (SOW) C.2.2 General and Regulatory Requirements

C.3 INSPECTIONS

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.2 TMD’s Fire Marshal C.6.3 TMD’s Project Manager

C.7 HISTORICALLY UNDERUTULIZED BUSINESS (HUB) PARTICIPARTION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 BONDS REQUIRED UNDER THE CONTRACT

C.10 SERVICE CALL RESPONSE TIME

C.11 WARRANTY AND WARRANTY CALL RESPONSE TIME

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENT’S

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

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E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

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

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.11 AGENCY POSTING OF CONTRACTS

E.12 ANTICIPATED SCHEDULE OF EVENTS

E.13 SITE VISTS

SECTION F—EVALUATION CRITERIA

SECTION G - LIST OF ATTACHMENTS

BY NUMBER AND TITLE

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SECTION A—DEFINITIONS

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

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

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

“Business Hours” means 7:00 a.m. to 4:00 p.m. Central Time.

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

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

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

“Days” means calendar days unless otherwise specified.

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

“Parties” means Contractor and TMD.

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

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

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

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

Pricing Instructions

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

Respondents must price the response on this basis.

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

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

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

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

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

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

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

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

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

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

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B.2 INVOICE REQUIREMENTS

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

A. Contractor’s invoice must include the following:

1. the Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

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

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

Texas Military Department (TMD) Attn: Accounts Payable Department

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

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

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.2).

B. Regardless as to whether Direct Deposit is chosen, Respondent must submit a completed Application for Texas Identification Number (Attachment G.3) to the following address:

Texas Military Department (TMD) Attn: Accounts Payable Department

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

Reference: Contractor Set-up for Solicitation TMD26-FMO-0044573

Notes: Contact Susannah Jones when completed 512-782-3826 or Procurement@military.texas.gov.

mailto:Payables@military.texas.gov

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

B.3.1 Billing and Payment

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

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

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

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

B.3.2 Payment Adjustment

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

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

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

B.3.3 Late Payment

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

B.3.4 Deductions for Unacceptable Compliance

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

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B.3.5 Withholding of Payment

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

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

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

3. Failure to respond to audit reports; and

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

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

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

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

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

B.3.6 Debts and Delinquencies

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

B.3.7 Right to Offset

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

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B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

The Respondent must submit its bid price within the Mandatory Pricing Schedule located in Attachment G.6, replicating, as necessary, in its exact format.

Bid price must be submitted on the Mandatory Pricing Schedule, Attachment G.6 and provide a detailed cost breakdown. Respondents will price per unit shown. Unit prices will govern in the event of extension errors. If a price quotation is submitted as part of Bid, the quotation must be referenced in the response and signed by Respondent to establish formal linkage to the Bid.

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

Intentionally Left Blank

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Texas Military Department (TMD) is seeking competitive bids from highly qualified Contractors for the Fire Protection Equipment Foam System Repairs at the Austin Bergstrom International Airport (ABIA), hanger numbers 9530, 9535, 9540 and 9550 located at 5102 Emma Browning Avenue, Austin, Texas 78719.

C.2 STATEMENT OF WORK

Contractor must complete these services within 60 calendar days (start to finish).

Work Hours: 7:00 a.m. - 4:00 p.m. Central Standard Time.

Contractor may work beyond these hours, including holidays and weekends, if coordinated with the TMD Fire Marshal, Tim Leek (Section C.6.2).

C.2.1 Statement of Work (SOW)

Contractor must provide all labor, materials, tools, equipment, delivery, installation, supervision, incidentals and transportation and personnel to safely and effectively perform and complete the work outlined in the Statement of Work (Section C.2).

A. Hanger 9530

1. Hanger 9530 holds two (2) 300-gallon foam tanks.

2. Contractor must capture the existing Jet-X foam concentrated by utilizing the 55-gallon drums. Drums being used will be inspected prior to being used to ensure there is no contamination. Drums will be stored in the affected hanger pump room.

3. Contractor must remove and dispose of the two (2) 300-gallon tank bladders.

4. Contractor must install two (2) 300-gallon tank bladders.

5. Contractor must reinstall foam from drums into the two (2) new tank bladders.

6. Contractor must replace one (1) 799D 02C11 6” 152-112A Inbal valve with one (1) electronic valve including labor and repair minor leak on fire sprinkler riser.

7. Testing of the foam concentrate:

a. Completed by TMD’s vendor who is currently providing services for fire protection.

B. Hanger 9535:

1. Hanger 9595 holds two (2) 800-gallon foam tanks.

2. Contractor must capture the existing Jet-X foam concentrated by utilizing the 55-gallon drums. Drums being used will be inspected prior to being used to ensure there is no contamination. Drums will be stored in the affected hanger pump room.

3. Contractor must remove and dispose of the two (2) 800-gallon tank bladders.

4. Contractor must install two (2) 800-gallon tank bladders.

5. Contractor must reinstall foam from drums into the two (2) new tank bladders.

6. Contractor must replace one (1) 799D 02C11 6” 152-112A Inbal valve with one (1) electronic valve including labor and repair minor leak on fire sprinkler riser.

7. Testing of the foam concentrate:

a. Completed by TMD’s vendor who is currently providing services for fire protection.

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C. Hanger 9540:

1. Holds two (2) 800-gallon foam tanks.

2. Contractor must capture the existing Jet-X foam concentrated by utilizing the 55-gallon drums. Drums being used will be inspected prior to being used to ensure there is no contamination. Drums will be stored in the affected hanger pump room.

3. Contractor must remove and dispose of the two (2) 800-gallon tank bladders.

4. Contractor must install two (2) 800-gallon tank bladders.

5. Contractor must reinstall foam from drums into the two (2) new tank bladders.

6. Contractor must replace one (1) 799D 02C11 6” 152-112A Inbal valve with one (1) electronic valve including labor and repair minor leak on fire sprinkler riser.

D. Hanger 9550

1. Holds two (2) 800-gallon foam tanks.

2. Contractor must capture the existing Jet-X foam concentrated by utilizing the 55-gallon drums. Drums being used will be inspected prior to being used to ensure there is no contamination. Drums will be stored in the affected hanger pump room.

3. Contractor must remove and dispose of the two (2) 800-gallon tank bladders.

4. Contractor must install two (2) 800-gallon tank bladders.

5. Contractor must reinstall foam from drums into the two (2) new tank bladders.

6. Contractor must replace one (1) 799D 02C11 6” 152-112A Inbal valve with one (1) electronic valve including labor and repair minor leak on fire sprinkler riser.

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C.2.2 General and Regulatory Requirements

A. All work performed must be completed by State of Texas licensed technicians. Contractor must ensure that all services are performed by technicians who are properly licensed in accordance with the State of Texas requirements. All licenses must be submitted at the time of the bid.

B. CODES AND STANDARDS

All work shall comply with applicable federal, state, and local codes and standards, including but not limited to:

1. Occupational Safety and Health Administration (OSHA) regulations.

2. Environmental Protection Agency (EPA) requirements.

3. National Fire Protection Association (NFPA) codes.

4. National Electrical Code (NEC).

C. Contractor must perform all work (inspections and repairs and/or replacement) in strict accordance with all current fire and life safety codes, applicable statutes, ordinances, codes, and regulation of federal, state and local authorities having jurisdiction in effect.

1. National Fire Protection Association (NFPA) Codes 11 and 16.

a. NFPA 11: Covers the design, installation, operation, testing, and maintenance of low-, medium-, and high-expansion foam systems. These standards apply to fixed, semi-fixed, or portable systems used primarily for flammable and combustible liquid hazards (e.g., tank farms, chemical plants).

b. NFPA 16: Details the installation requirements specifically for foam-water sprinkler and foam-water spray systems. These are typically used in areas with heavy machinery or hydraulic fluids.

2. National Fire Protection Association (NFPA) Codes 80 and 101.

a. NFPA 80, the standard for Fire Doors and Other Opening Protectives, offers comprehensive provisions for installing, inspecting, testing, and maintaining these life-saving fire protection systems.

b. NFPA 101, the standard in determining the building type and group related to fire protection.

D. Contractor must comply and provide all established standards for Occupational Safety and

Health Administration (OSHA).

E. Contractor must wear OSHA-approved personal protective equipment (PPE) to protect themselves from electrical and fire hazards.

F. Contractor must provide all applicable licenses, insurance and permits at the time the Bid is submitted. Required:

a. National Fire Protection Association (NFPA); and

b. State of Texas license.

G. Contractor must perform a pre-work walk-through of job site with the TMD Fire Marshal to verify current conditions before any work begins.

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H. Contractor must coordinate work area access with the TMD Fire Marshal to avoid conflict before work begins each day.

I. Contractor must check in and out daily with the TMD Fire Marshal.

J. Contractor must schedule all work through the TMD Fire Marshal.

K. Contractor must disable device notification functions in the fire alarm programming to facilitate testing and eliminate tenant disturbance but must not leave any portion of the systems disabled upon completion of testing.

L. Photographs during the pre-work walk-through will only be permitted with pre-approval in writing from the TMD Fire Marshal.

M. Contractor must submit all Statement of Work questions in writing to the TMD Fire Marshal.

N. Services must be performed with minimal interruption to the building. Contractor will coordinate with TMD Fire Marshal prior to disrupting operations.

O. Contractor must maintain a clean and safe work environment at all times.

P. Contractor must provide daily clean up and dispose of all debris related to, but not necessarily identified, upon completion of all work covered in the Statement of Work.

Q. Contractor must ensure that all parts, items, oil and waste products and debris that require disposal, are removed from the TMD site and are disposed of in accordance with all federal, state, and local laws, rules, and regulations.

R. Contractor must ensure all rules, laws, and regulations are followed when transporting and disposing of any items generated from the Statement of Work.

S. Contractor must notify the TMD Fire Marshal of repairs that are not covered in the Statement of Work that are necessary for the completion of these services outlined in the Statement of Work.

T. Contractor must receive preapproval on all material submittals by the TMD Fire Marshal.

U. TMD is not responsible for any additional work the Contractor completes that is outside of the

Statement of Work or has not been approved by the Contract Administrator (C.6.1) in the form of a purchase order change notice.

V. Contractor must repair any damage caused by any work provided in the performance of the Specifications and Statement of Work at the expense of Contractor.

W. Contractor must ensure that TMD has first rights to any salvageable materials.

X. Contractor must immediately report in writing to the TMD Fire Marshal any defects that become evident as work progresses and not conceal any defects.

Y. TMD Fire Marshal must inspect all work and provide a list of deficiencies (punch list) to the Contractor that must be remedy within 10 business days prior to any payments made.

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Z. Contractor must notify the TMD Fire Marshal in writing, when the Contractor is ready for a final inspection. The TMD Fire Marshal will verify all work is completed.

C.3 INSPECTIONS

A. TMD Fire Marshal (Section C.6.2) will conduct final inspections to verify the following:

a. The work is in compliance with the Statement of Work and Specifications (Sections C.2.1 and C.2.2)

b. Will verify the job is complete;

c. Site is clean; and

d. Everything is operational prior to issuing payments to the Contractor.

B. Inspections will be done by TMD Fire Marshal and may be conducted at any time, prior to payments to the Contractor.

C.4 DELIVERABLES

Contractor must provide and include all labor, materials, equipment, tools, supervision, incidentals and transportation to perform all services required to successfully complete the foam system repair project outlined in the Statement of Work (Section C.2).

Deliverables will be FOB delivery to:

Texas Military Department Austin Bergstrom International Airport (ABIA) – Hanger numbers: 9530, 9535, 9540 and 9550 5102 Emma Browning Avenue Austin, Texas 78719

C.5 ACCEPTANCE CRITERIA

In determining the best value, TMD shall consider the following best value factors:

A. Price of the item, to include total cost of ownership, such as, but not limited to, installation costs, life cycle costs, and warranty provisions.

B. Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as, but not limited to, fitness for use that meets or exceeds Customers expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

C. Delivery timeframe from receipt of purchase order, after receipt of order (ARO).

D. Indicators of probable performance under the Contract to include but not limited to past vendor performance; financial resources; ability, capacity, and skill to perform the Contract or provide the serviced required; experience or demonstrated capability and responsibility;

references; and the vendor’s ability to provide reliable maintenance agreements and support.

E. Other relevant factors, such as, but not limited to, the vendor’s ability to comply with laws relating to the goods or services, the vendor’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a

Page 16 of 34 Approved 10/16/2021 purchase on agency productivity, and the cost of any employee training associated with the purchase.

F. All bids will be “Not to Exceed” and “Turn Key”.

G. All Items/equipment for completion are to be supplied by contractor to complete job.

H. Awarded contractor shall furnish all labor, tools, equipment, and transportation, as necessary to complete work. Awarded contractor shall be responsible for supervision, clean up and disposal and must have all applicable licenses, insurance and permits.

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C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Susannah Jones.

B. The telephone number for the Contract Administrator is 512-782-3826.

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

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

C.6.2 TMD’s Fire Marshal

A. The Fire Marshal for the Contract is Tim Leek.

B. The telephone number for the Fire Marshal is 512-909-3169.

C. The email address is tim.e.leek.nfg@cfmo.mil.state.texas.gov.

C.6.3 TMD’s Project Manager

A. The Project Manager for the Contract is Paul McKinney.

B. The telephone number for the Project Manager is 512-765-3835.

C. The email address is paul.j.mckinney.nfg@cfmo.mil.state.texas.gov.

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

mailto:tim.e.leek.nfg@cfmo.mil.state.texas.gov mailto:paul.j.mckinney.nfg@cfmo.mil.state.texas.gov

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C.7 HISTORICALLY UNDERUTULIZED BUSINESS (HUB) PARTICIPARTION

A. 34 Texas Administrative Code § 20.282: An Historically Underutilized Business (HUB) is a business that is certified by the comptroller because it has not exceeded the size standards established by §20.294 of this title, maintains its principal place of business in Texas, and is:

1. a corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more qualifying owners;

2. a sole proprietorship created for the purpose of making a profit that is 100% owned, operated, and controlled by a qualifying owner;

3. a partnership formed for the purpose of making a profit in which 51% of the assets and interest in the partnership is owned by one or more qualifying owners;

4. a joint venture in which each entity is described by subparagraphs (A), (B), (C), or (E) of this paragraph;

5. a supplier contract between an entity described by subparagraphs (A), (B), (C), or (D) of this paragraph and a prime contractor under which the HUB is directly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies; or

6. a business other than described in subparagraphs (B), (C), (D), and (E) of this paragraph, which is formed for the purpose of making a profit and is otherwise a legally recognized business organization under the laws of the State of Texas, provided that at least 51% of the assets and 51% of any classes of stock and equitable securities are owned by one or more qualifying owners.

B. Bidders may use the self-performing method to demonstrate a good faith effort for any subcontracting opportunity by indicating that it intends to fulfill the entire contract, including each subcontracting opportunity, with its own equipment, supplies, materials, and employees.

Bidder must complete the applicable sections within the Subcontracting Plan (SP) and submit as part of its response.

C. Bidder must submit a complete SP meeting the good faith effort and support by the required forms with the response.

D. A courtesy review of a Bidder’s completed SP is optional and is available to assist Bidders. This courtesy review may only identify possible deficiencies. The final SP determination may only be provided at the time of the final submission of the SP with the bid response. To request a courtesy review, submit the completed SP including all supporting documentation in accordance with the directions provided in the SP Exhibit. SPs received after the “Courtesy Review of SP” deadline in the Solicitation’s Schedule of Events or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

E. Bidder must submit SP as part of its response and must comply with implementation of the SP.

Contractor must seek written approval from TMD prior to making any modifications to its SP.

F. Bidder must provide notice to all subcontractors of their selection as a subcontractor for the

Contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected

Page 19 of 34 Approved 10/16/2021 percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office no later than ten business days after the effective date of the Contract.

G. Contractor must make a good faith effort to comply with all state HUB requirements under Texas Government Code § 2161 and the administrative rules, as applicable. Contractor must also comply with its approved SP.

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C.8 INSURANCE REQUIRED UNDER THE CONTRACT

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

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

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

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

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

Commercial General Liability (occurrence based)

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

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

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

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

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

(2) include a Waiver of Subrogation Clause.

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

Contractor shall:

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

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

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

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

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

C.9 BONDS REQUIRED UNDER THE CONTRACT

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

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

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

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

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

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C.10 SERVICE CALL RESPONSE TIME

Response time will vary dependent upon the complexity and/or location of the service. After receiving a call for service, Contractor must have a technician on-site within the specified time requirements for the following types of service calls:

a) SERVICE CALLS DURING REGULAR WORK HOURS (7:00 a.m. to 4:00 p.m.): Within 24 hours of notification.

b) SERVICE CALLS OUTSIDE REGULAR HOURS: Within 24 hours of notification.

c) EMERGENCY SERVICE CALLS DURING REGULAR WORK HOUR (7:00 a.m. to 4:00 p.m.):

Response time to emergency callbacks during regular business hours will be within six (6) hours. TMD will identify emergency calls at time of notification.

d) EMERGENCY SERVICE CALLS OUTSIDE REGULAR HOURS: Within six (6) hours of notification.

An emergency call will be identified as any conditions that can potentially impact the health, safety and welfare of TMD’ employees and the public. TMD will identify emergency calls at time of notification.

C.11 WARRANTY AND WARRANTY CALL RESPONSE TIME

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

Contractor must warranty all workmanship on all materials and labor for a period of one (1) year beginning with the date of completion or manufacturer’s standard warranty on equipment whichever is longer.

Contractor must provide, in writing, to the TMD Fire Marshal with a list of all of the manufacturer’s warranties on the replacement parts and manufacture’s paperwork.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Monthly Fifth business day to Contract Administrator

HUB

Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

IFB, Section C.7

Contract Administrator and HUB Coordinator.

Other Within five (5) business days of Notice of Award

Insurance Requirements IFB, Section C.8

Contract Administrator at Procurement@military.texas.gov and copy Susannah.Jones@military.texas.gov

Other Upon Completion

Invoicing – Specific to the Contract IFB Section B.2

Payables@military.texas.gov with a copy to the TMD Fire Marshal (Section C.6.2).

mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENT’S

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

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

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

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

Submission of responses

A. Responses will be typed, paginated, contain a full table of contents, and have component sections clearly identified bookmarks.

B. Responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department Procurement and Contract Services Procurement@military.texas.gov Attention: Susannah Jones, CTCD, CTCM Solicitation No. TMD26-FMO-0044573 ABIA Foam Systems Repair

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

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

E.2 AMENDMENTS TO THE SOLICITATION

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

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

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

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

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Any response received after the specified date and time will not be considered.

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

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

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

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

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

E.4 SIGNATURES ON RESPONSE SUBMITTED

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

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

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

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

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

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

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E.5 RESPONSE ACCEPTANCE PERIOD

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

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

E.6 CONTRACT AWARD

TMD may award one (1) Contract resulting from this solicitation to the responsible Respondent, whose response, in accordance with best value standard in Texas Government Code §2156.007.

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

B. A Purchase Order shall be established in accordance with the specifications, terms and conditions referenced in IFB TMD26-FMO-0044573 ABIA Foam System Repairs. The following documents shall be incorporated and made a part of this order and in the following order of precedence:

a. TMD Purchase Order;

b. TMD IFB TMD26-FMO-0044573 Foam System Repairs; and

c. Vendor’s Response to IFB TMD26-FMO-0044573 ABIA Foam System Repairs.

D. The Contract shall consist of the Notice of Award; this Solicitation, including addenda; and the Response, including clarifications submitted at the request of CPA. In the event of any conflict or contradiction between or among these documents, the Notice of Award, as modified by any Contract Amendments, controls over the Solicitation and the Response. The Solicitation, as modified by any Addenda, controls over the Response.

E.7 TMD’S RIGHTS

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

B. TMD may:

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

2. accept other than the lowest priced response; and

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

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

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