ESBD_550876_1788890000820_802-27-77632_Fencing Services.pdf

INVITATION FOR BID

SEND INVOICE TO: RETURN BIDS TO: BIDDER MUST SIGN BELOW:

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

Purchasing.bidbox@tpwd.texas.gov Or

TPWD – Purchasing and Contracting 4200 Smith School Road

Austin, TX 78744

Bid Due Deadline:

2:00 pm CST; September 28, 2026

AUTHORIZED SIGNATURE DATE

FAILURE TO SIGN WILL DISQUALIFY BID

LOCATION OF SERVICES: QUESTIONS – SEND EMAIL TO: REQUISITION / IFB NUMBER

Texas Parks and Wildlife Department Kerr Wildlife Management Area

2625 FM 1340

Hunt, TX 78024

Purchasing.bidbox@tpwd.texas.gov 802-27-77632

FAILURE TO SIGN THE BID ABOVE WILL DISQUALIFY BID.

BID F.O.B. AGENCY RECEIVING ADDRESS UNLESS OTHERWISE SPECIFIED BELOW.

By signing this bid, Bidder certifies that if a Texas Address is shown as the address of the Bidder, Bidder qualifies as a Texas Bidder as defined in Title 34 TAC Rule 20.32(68). Bidder agrees to comply with all conditions of this bid. Show bid due date and Requisition number on sealed bid envelope and show return address of firm. Pursuant to Executive Order GA-48 of the Governor of Texas: Respondent certifies that neither it, nor its holding companies or subsidiaries is: (a) Listed in Section 889 of the 2019 National Defense Authorization Act; (b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or (c) Owned by the government of a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4; or (d) Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4.

Bidder must fill in: (See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10

TEXAS ID NUMBER ________________________________

Name of Firm ________________________________

Street Address ________________________________

City-State-Zip ________________________________

Telephone No. ________________________________

Email address ________________________________

AWARD NOTICE: The State 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 the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 330-58; 65; 988-15 Quantity Unit of

Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract for Fence Repair Services at Kerr Wildlife Management Area (KWMA) located in Kerr County, Texas. See Attachments A-B for Maps of service area. Initial project is for approximately 3,900 feet per the attached specifications dated September 2026.

Future projects will be on an “as needed” basis. Fencing materials including pipe, T-Posts, Post Clips, Barbed-Wire, Gates, Sackcrete or Cement, and Sand will be provided by TPWD.

1.

Demolition, removal and construction of new, four (4) strand barbed-wire fencing between East Fawn, East Bobcat and Doe pastures on Kerr WMA (see map, Attachment A,). Contractor shall supply labor and equipment necessary to construct new fence line approximately 3,900 feet in length. .

3900 FOOT $ $

Offered by a Veteran Heroes United in Business (VetHUB) certified by CPA.

mailto:Purchasing.bidbox@tpwd.texas.gov mailto:Purchasing.bidbox@tpwd.texas.gov

IFB No. 802-27-77632 Page 2 of 38

PREFERENCES

See Appendix 23 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.306

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Paper containing recycled fibers in accordance with Government Code §2155.446

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Travel agents residing in Texas

FOR FURTHER INFORMATION CONTACT PURCHASER:

Vanessa D Contreras, CTCD CTCM- PHONE 512-389-4722 Email: purchasing.bidbox@tpwd.texas.gov mailto:purchasing.bidbox@tpwd.texas.gov

Solicitation 802-27-77632

Specifications for Fence Repair Services at Kerr Wildlife Management Area

1. INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract for Fence Repair Services at Kerr Wildlife Management Area (KWMA) located in Kerr County, Texas per the following specifications dated September 2026.

2. TERM OF CONTRACT: Contract shall commence upon date of award and continue through August 31, 2028, unless sooner terminated under the terms of the contract.

a) Contract Renewals: This contract may be renewed for up to three (3) additional one (1) year periods, provided both parties agree in writing to do so, based on funds availability and vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the contractor shall be given written notification of the period in which the services shall occur ager being determined by TPWD.

b) Contract Extensions: In the event that the contract(s), if any, resulting from the award of this IFB shall terminate, or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed a twelve (12) month extension period). Any extensions shall be at the same terms and conditions plus any approved changes.

3. MANDADORY SITE INSPECTION: Bidders are required to schedule a mandatory site visit at Kerr WMA on September 15-17, 2026, between 8am-5pm, to inspect the work site to become familiar with the condition and equipment needed to provide/conduct the requested services. Failure to attend the mandatory pre-bid site visit will result in disqualification of bid response.

a) Bidders may schedule attendance by contacting: Site Visit Contact Ryan Reitz, 830-343-4483 or email, Ryan.Reitz@tpwd.texas.gov

b) Walk In appointments will NOT be considered.

c) Attendees should be prepared to tour the site by foot with proper clothing and footwear.

4. INITIAL PROJECT SCOPE OF WORK:

a) The initial project of approximately 3,900 feet shall begin upon award and all services must be completed no later than August 31, 2027. Work involves the demolition, removal and replacement of barbed wire fencing on the Kerr WMA. Contractor to remove any old posts, wire and braces off site at no cost to owner.

Contractor is required to visit the site prior to submitting their bid to discuss specific project details and for verifying exact length of fence. TPWD will provide all materials necessary unless otherwise stipulated.

Contractor to provide labor and all necessary equipment associated with welding and cutting of pipe and take appropriate actions to prevent wildfires.

b) Due to topographical variations, fencing configuration for water gap(s) shall be dependent upon size and depth of gap. Construction of fencing at water gap(s), as applicable, shall consist of, at a minimum, angled brace posts at 15 feet intervals, configured with cables strung between H braces and combination panel(s) suspended from cables.

c) Item #1: Removing existing fencing and construct new, 4 (four) strand barbed-wire fence between East Fawn, East Bobcat, and Doe pastures on the Kerr WMA (see map, Attachment A,). Contractor to supply labor and equipment necessary to construct new fence line approximately 3,900 feet in length. Contractor to install new pipe corner brace posts, pipe line braces, pipe line posts, steel T-posts, and barbed wire. Bottom wire to be 18 inches from ground level with 10 inch spacing between other strands. Fencing materials including pipe, T-posts, post clips, barbed wire, and Sackcrete or cement and sand will be provided by TPWD. Also, associated with this fence project will be three (4) 14-foot gates at specified locations which will be discussed at the pre-bid site visit. Gates will also be provided by TPWD.

mailto:Ryan.Reitz@tpwd.texas.gov

IFB No. 802-27-77632 Page 4 of 38

i) Post holes for pipe to be a minimum of 36-inch-deep in dirt and 24-inch-deep in rock

ii) Concrete mixture should be mixed with water prior to pouring in hole and mounded to prevent water pooling at ground level

iii) Pipe H braces at each corner or gate location, H braces set in concrete (see diagram, Attachment B)

iv) Pipe line braces every 660 feet and/or at any angle in fence line (or closer due to topography) set in concrete (see diagram, Attachment B) of 2-7/8-inch pipe

v) Pipe, line posts every 60 feet set in concrete of 2-3/8-inch pipe

vi) Steel T-posts (6 foot, American made, 1.33 pound per foot or greater) every 12 feet - set in concrete where necessary

vii) All pipe posts shall be capped with concrete

viii) Provide 14 feet span at gate locations and install gates

ix) All brush, tree limbs and cactus within a 3-foot width on each side of fence should be cleared

d) Line and Corner Braces: See associated illustrations, Attachment B, for general specifications regarding line braces and corner braces. All line braces and corner braces should be equivalent or better than the attached specifications.

e) Soil Disturbance:

i) Activities must be completed with no or minimal soil disturbance or damage to live standing trees. All ruts created by equipment shall be filled/repaired by Contractor.

ii) Contractor shall make every effort to ensure the survival of existing vegetation and trees surrounding trail.

Any undue damage is the responsibility of the Contractor.

f) Work Schedule: Contractor shall begin work upon Notice of Award with all services for the initial project to be completed by August 31, 2027. A contractor’s ability to meet this project schedule may be a factor in determining award. Work can be conducted Monday through Sunday, 8:00 am to 5:00 pm CST. Contractor’s work hours shall be scheduled in advance with the TPWD Project Manager.

5. EQUIPMENT:

a) All equipment, materials, and parts not specifically mentioned which are necessary and required for the completion of work must be furnished by the Contractor.

b) Describe all equipment and vehicles to be used for this project in Exhibit B – Equipment List. Make sure to include dimensions/capacities of equipment, make, model, horsepower, and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list includes ALL of the equipment that the Respondent is dedicating to this project and has considered in this bid. All equipment, materials, and parts not specifically mentioned which are necessary for the completion of work must be furnished by the Contractor.

c) Cleaning of Equipment: Contractor shall be required to wash and clean equipment in accordance with TPWD’s onsite manager or designee before accessing the property and before transportation from the property to prevent introduction and spread of unwanted exotic species. Washing and cleaning is required of all equipment that will arrive from offsite to be transported from site during project. Equipment that is left onsite during the project is not subject to these conditions.

d) All equipment shall be in safe working order and have appropriate safety equipment installed and intact per manufacturer’s recommendations.

e) Contractor will be permitted to leave heavy equipment on site per TPWD project manager’s directions.

IFB No. 802-27-77632 Page 5 of 38

f) All other areas of TPWD property are closed and off limits to the Contractor and their employees. Only those personnel critical to the performance and completion of this project will be allowed on the WMA. No pets are allowed.

5) MINIMUM QUALIFICATIONS: A contract shall be awarded ONLY to a contractor who is experienced in providing the services contained herein. Awarded contractor shall meet the following minimum qualifications:

a) Shall have been engaged in the business of providing the specified services for a minimum of three (3) years.

Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has history of expertise.

b) Complete Exhibit A – Company Profile, Exhibit B- Equipment List and Exhibit C – Past Projects with Corresponding References and return with bid.

c) All references must be verifiable by phone or email within ten (10) working days of bid evaluation.

6) CONTRACTOR REQUIREMENTS:

a) Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work or other service performed without prior written authorization from TPWD is work outside the scope of the contract and shall be performed exclusively at Contractor’s own risk.

b) Contractor is responsible for all materials and equipment stored at the work site.

c) Contractor is responsible for the prompt removal of all debris, litter, and rubbish regularly throughout the project.

d) Contractor shall be solely responsible for the safe operation of all equipment used and for the safety of all personnel employed by or under contract to the Contractor.

e) Contractor shall be solely responsible for any damage attributable to contractor’s operation. Contractor, at their own expense, shall repair any such damage immediately. The repair work is subject to inspection and acceptance by TPWD.

f) Contractor shall provide all labor, equipment, supervision, and any other necessary and incidental materials to complete this project.

g) Contractor is responsible for any and all clean up caused by the operation.

h) Equipment must be inspected daily for signs of fuel or oil leaks. Such leaks shall be promptly repaired, and measures will be taken to prevent soil contamination. When servicing equipment onsite, waste oil and other fluids shall be drained into containers and properly disposed of in accordance with appropriate waste disposal practices. The Contractor shall immediately clean up any spillage of waste materials.

i) Contractor shall be solely responsible for maintaining safety at all work sites, and shall take all reasonable steps to ensure safety for both workers and the public, including traffic control.

j) Contractor may be permitted to leave heavy equipment on site per TPWD staff direction. TPWD will not be responsible for contractor equipment left on site.

7) PERFORMANCE MEASURES:

a) Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this IFB and shall not be relieved due to non-performance of any or all subcontractor(s). By

IFB No. 802-27-77632 Page 6 of 38 submitting a bid, the Respondent commits to providing the goods and services required herein. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards, and guidelines relevant to the execution of the awarded contract.

b) TPWD will measure and evaluate the Contractor’s and/or Subcontractor(s) performance under the contract. If the Contractor or Subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if Contractor or Subcontractor fails to meet their responsibilities as outlined in the IFB and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of services and deliverables, TPWD may seek or impose remedies with the contractor. Remedies shall include negative vendor performance report(s), corrective action plans, and withholding of payments due to poor performance and contract non-compliance.

c) TPWD will monitor vendor performance. Failure to provide services in accordance with the requirements specified herein, and the resulting contract(s) and adherence to the Terms and Conditions may be considered by TPWD as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, cancellation of the contract, or both.

8) TPWD RESPONSIBILITIES:

a) TPWD will designate a Contract/Project Manager upon award. The TPWD Project Manager is to have free access to Contractor’s supplies, equipment, and work product at all times for inspection and audit.

b) TPWD will furnish no labor, materials, equipment, or facilities unless otherwise provided for in the contract.

9) SAFETY: ALL EQUIPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE WITH

O.S.H.A. REGULATIONS. ALL SAFETY EQUIPMENT WILL BE USED AT ALL TIMES WHEN OPERATING

EQUIPMENT ON GOVERNMENT PROPERTY.

10) ADDITIONAL SERVICES: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide additional services, provided that such additional services are within the original scope and intent of the contract. For example, additional clearing services are needed during the term of the contract; in such a case, the contractor shall provide a written quotation for performing the additional work. TPWD Contracting Section will execute an Amendment for additional services. No additional services shall be performed without a fully executed Amendment to Contract in place.

11) QUANTITIES: Quantities listed herein are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds.

TPWD will only pay for actual goods received or services performed.

12) HUB SUBCONTRACTING PLAN: Respondent must complete, show a Good Faith Effort, sign and submit A HUB

Subcontracting Plan (EXHIBIT B) with their response submission and in accordance with the following instructions. FAILURE TO COMPLETE AND SUBMIT THE HUB SUBCONTRACTING PLAN (HSP) WITH THE

RFP RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RFP FROM CONSIDERATION.

i) In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, TPWD has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on VetHUB availability, VetHUB utilization, geographic location of the project, the contractual scope of work, and other factors. TPWD estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 0.05 % of the contract’s value. (Reference Exhibit B)

ii) It is the Respondent’s determination if they choose to subcontract any of the work under the contract with a Texas Veteran Heroes United in Business (VetHUB) vendor or other businesses. The Respondent shall identify all proposed VetHUB and other subcontractors at the time of response submittal by completing and submitting Exhibit B – HUB Subcontracting Plan.

IFB No. 802-27-77632 Page 7 of 38

iii) A list of VetHUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is attached to the HUB Subcontracting Plan forms. Respondents may also access a list of VetHUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts.

The main CMBL search page is located here:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

iv) A list of trade organizations and development centers that you may contact to announce your opportunity (as specified in the HSP, Method B) may be found at the following link:

https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

v) Respondents are highly encouraged to contact TPWD HUB Administration at 512-389-4784 or hub@tpwd.texas.gov for assistance with completing the HSP forms, obtaining VetHUB lists if web access is not possible, and/or further explanation of the TPWD HUB program.

vi) HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After award of the contract, the Contractor shall report all VetHUB and non-VetHUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TPWD HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing TPWD. All payments made to subcontractors shall be reported. TPWD may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

13) INSURANCE:

a) Contractor shall procure and maintain, during the entire period of their performance under this contract, the following minimum insurance:

Type of Insurance Each Occurrence/Aggregate

Workers Compensation Statutory

Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage - Each Occurrence $1,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$500,000 Combined Single Limit

b) NOTE: Workers’ Compensation is required by an employer, which is defined as “a person who employs one or more employees”. If Respondent has no employees, such insurance is not required. If Respondent claims they have not employees, TPWD will require a statement to that fact.

c) Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

d) Prior to the commencement of the work, and not later than ten (10) days following award, the Contractor shall furnish to TPWD for approval, a Certificate of Insurance as proof that the required insurance is in full force and effect.

a) The certificate of insurance shall be sent to: Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; purchasing@tpwd.texas.gov.

14) INQUIRES:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:hub@tpwd.texas.gov mailto:purchasing@tpwd.texas.gov

IFB No. 802-27-77632 Page 8 of 38

b) CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Vanessa D Contreras, Senior Purchaser Phone: (512) 389-4722 Texas Parks & Wildlife Department 4200 School Road, Austin, Texas 78744 Purchasing.Bidbox@tpwd.texas.gov

c) CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be emailed to the point of contact listed in Section a) above. Questions should be submitted in the following format: a) Reference the Solicitation number; b) reference the Section Number, page number, paragraph number, and text passage being questioned; and c) Question.

d) PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representatives, or partners, will not answer questions or otherwise discuss the content of this Solicitation with any potential Respondent or their representative(s), except for written inquiries described in Section b) above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

15) DELIVERY AND ACCEPTANCE:

a) Project Completion Delays: If delay is foreseen, Contractor shall give written notice to TPWD. Default in promised completion without accepted reasons or failure to meet specifications authorizes TPWD to purchase services of this contract elsewhere and charge any increased costs for the services, including the cost of resoliciting, to the Contractor.

b) Acceptance: All services performed will be subject to acceptance inspection upon completion. Acceptance inspection will not take more than five (5) working days, weather permitting. Contractor will be notified within this time frame of any units not delivered or work not performed in full compliance with the purchase order specifications.

16) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

(1) Submission Deadline: All bids shall be received and time stamped at TPWD prior to 2:00 PM Central

Standard Time on the Bid Due Deadline date specified on the IFB Cover Page (Page 1). Late bids will not be considered under any circumstances and will be returned.

(2) General Format: Respondent shall submit bid response, signed, dated, and completed.

(3) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail or hand delivered.

(4) Bids submitted by mail or hand-delivery should be placed in a sealed envelope and correctly identified with IFB number and Bid Due Deadline date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date and time.

(5) Respondents are responsible for all costs of bid preparation.

b) Bid Content: Below is a summary of required and requested information. Bids submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgement and discretion, to waive minor technicalities and errors in the best interest of the state.

i) Bid Form: Respondent must submit the IFB form, signed, dated, and completed. Failure to submit this required document and information will result in disqualification of bid.

mailto:Purchasing.Bidbox@tpwd.texas.gov mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-27-77632 Page 9 of 38

ii) Exhibit B: Equipment List

iii) Exhibit C: Past Projects with Corresponding References

c) Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date.

17) EVALUATION AND AWARD:

a) An award will be made on an all, none, or partial basis. Only responses submitted by the bid due deadline, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for the rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

b) TPWD reserves the right to consider Respondent qualifications, equipment, facilities, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports, and records of service.

c) Award: TPWD will award a Contract to the Respondent whose quote is considered to be the Best Value to TPWD, price and other factors considered. The following factors may be used to evaluate bids:

i) Lowest Price

ii) Ability, Qualifications and Experience – Meeting or Exceeding the Requirement

iii) Delivery / Service Schedule

iv) Past Performance

v) Installation Costs

vi) Lifecycle Costs

18) INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Paragraph 9.

a) Contractor to submit invoice(s) to accounts.payable@tpwd.texas.gov or Texas Parks & Wildlife, Accounts

Payable, 4200 Smith School Road, Austin, Texas 78744.

b) Invoices must show:

i) Name of Contractor exactly as shown on the Contract, Texas Payee Identification Number (PIN), and correct “Remit to” address

ii) Name of receiving entity

iii) Contract/Purchase Order Number

iv) Description, quantity, unit of measure, unit price, extended price of each item

v) Total price

vi) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

vii) Attach supporting documentation, if required

c) Payment:

i) Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then Contractor will be paid in accordance with the agreement approved by the parties.

ii) Payment normally will be made to the Contractor within thirty (30) days after receipt of a properly prepared invoice, or the receipt of and acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days.

iii) Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts (CPA). Payments by qualified ordering entities will be made through the entities’ local payment system.

iv) Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512- 389-4833 for additional information.

mailto:accounts.payable@tpwd.texas.gov

IFB No. 802-27-77632 Page 10 of 38

19) BIDDER AFFIRMATION:

a) Bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant connected with the submitted bid.

b) Pursuant to Texas Government Code, Tile 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

IFB No. 802-27-77632 Page 11 of 38

EXHIBIT A – COMPANY PROFILE

Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this IFB. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.

Company Name:

Number Years in Business: Number of Employees:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s proposal submission to the solicitation:

Name / Title:

Phone Number: Fax Number:

Email Address:

Personnel who will be responsible for the management and day-to-day operations of the services solicited in this IFB.

Name/Title:

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within last five years.

__Yes __Yes __No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within last five years. If yes, explain.

__Yes __No If yes, explain.

Description of firm's background, history, and qualifications: (You may attach additional page for this section.)

IFB No. 802-27-77632 Page 12 of 38

EXHIBIT B – EQUIPMENT LIST

Respondent Name: _________________________________

Describe all equipment and vehicles to be specifically used for this project in the space provided below. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list, (submitted below) includes ALL of the equipment that the respondent is dedicating to this project and has considered in his bid. All equipment used off pavement must be low pressure rubber-tired equipment.

BID

ITEM

EQUIPMENT

TYPE

MAKE & MODEL

HORSE

POWER

DIMENSION OR

CAPACITY

# OF

UNITS

LEASE (L)

OR OWN (O)

IFB No. 802-27-77632 Page 13 of 38

EXHIBIT C – PAST PROJECTS WITH CORRESPONDING REFERENCES

Respondent Name: ____________________________________________

Respondents shall use this exhibit (or reasonable facsimile) to provide a minimum of three (3) references for jobs completed within the last five (5) years. The references shall illustrate recent experience successfully completing work of a similar nature and scope as the work described in this IFB. Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit E. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive. TPWD reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

REFERENCE 1:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project

REFERENCE 2:

Contact Name/Title/Phone:

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REFERENCE 3:

Contact Name/Title/Phone:

REFERENCE 4:

Contact Name/Title/Phone:

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Attachment A – Kerr WMA Proposed Fence

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Attachment B – Line and Corner Braces

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Attachment B (continued) – Line and Corner Braces

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Attachment B (continued) – Line and Corner Braces

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GENERAL TERMS AND CONDITIONS – FEDERALLY FUNDED PROJECTS

OCTOBER 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

http://www.txsmartbuy.gov/esbd

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2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.gov/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

http://www.txsmartbuy.gov/vpts

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6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this

Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

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9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent.