ESBD_551185_1787086764903_IFB -3202700016.pdf

Joe Esparza, Chairman and Commissioner

Representing Employers

Alberto Treviño III, Commissioner

Representing Labor

Brent Connett, Commissioner

Representing the Public

Steve Pier, Executive Director

Invitation for Bids (IFB)

For

IRS Building FAC 919 Kitchen Equipment

Replacement

IFB No. 3202700016

Date of Release: August 18, 2026

Bids Due: September 18, 2026, by 10:00 a.m. Central

Time

NIGP CLASS CODE NIGP ITEM CODE

165 07

740 13

931 30

IFB No. 3202700016, revised 5/2024 Page 2 of 33

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

Nicole McMurtray

Procurement Lead, CTCD, CTCM

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

IFB No. 3202700016, revised 5/2024 Page 3 of 33

Table of Contents

DEFINITIONS

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Execution

3.4 Contract Term

3.5 Price Adjustment

3.6 Payments

3.7 Contract Amendments

3.8 No Guarantee of Volume, Usage or Compensation

3.9 Governmental Entities

3.10 Offer Period

3.11 Cost Incurred

3.12 Public Information Act-Bidder Response

3.13 Public Information Action-Contract Award

3.14 Bidder Waiver-Intellectual Property

3.15 Insurance

3.16 Changes of Ownership or Financial Condition

3.17 Sanctions and Remedies

3.18 Liquidated Damages

3.19 Severability

3.20 Franchise Tax - Right to Transact Business in Texas

3.21 Subcontractor Requirements

3.22 Discounts

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.2 Pre-Bid Conference

4.3 Bid Composition

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4.4 Bid Submission and Delivery

ARTICLE V. BID TABULATION AND AWARD PROCESS

5.1 Screening of Bids

5.2 Evaluation

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.2 Cost Sheet

6.3 Veteran HUB Subcontracting Plan

6.4 Progress Assessment Report

LIST OF ATTACHMENTS AND FORMS

Version History

IFB No. 3202700016, revised 5/2024 Page 5 of 33

DEFINITIONS

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

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

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

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

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

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

“days” shall be calendar days.

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

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

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

Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

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“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at https://www.txsmartbuy.gov/esbd.

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

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

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

Business Operations division.

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

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

Addenda, if any.

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

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“VetHUB” means Veteran Heroes United in Business, as defined by Chapter

2161 of the Texas Government Code and Title 34 of the Texas Administrative

Code (TAC), § 20.282.

https://www.txsmartbuy.gov/esbd

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

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

Contract.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas

Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas

Government Code § 2155.089 and 34 TAC § 20.509.

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ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is seeking bids to replace Kitchen

Equipment that is essential to operations of the FAC 919 IRS Building Cafeteria located at 3651 S. IH 35 Austin, TX 78741.

Procurement Services (PS) will administer the procurement process for this

Solicitation, which includes the IFB announcement and publication, Bidder communications, receipt of Bids, screening of timely received Bids, and facilitating the evaluation of qualified Bids. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase

Order(s) or other Contract document, resulting from this IFB.

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

TWC PCS is seeking competitive bids to establish contract(s) to replace outdated kitchen equipment.

1.2 Authority

TWC is soliciting the goods and/or services stated in this Solicitation under the authority Texas Government Code § 2156.001(a)(2).

1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Bids will be published as an Addendum posted to the https://www.twc.texas.gov/

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

EVENT DATE and TIME

Solicitation Notification posted to ESBD AUGUST 18, 2026

Optional Site Visits (by Bidder at IRS Building

FAC 919 Kitchen)

THURSDAY, AUGUST 27, 2026,

AT 9:00AM AND THURSDAY,

SEPTEMBER 3, 2026, AT

9:00AM

Pre-Bid Conference (Optional) AUGUST 25, 2026

Deadline for Submitting Questions or

Requests for Clarification

SEPTEMBER 8, 2026

Response to Questions Posted to ESBD SEPTEMBER 11, 2026

Deadline to submit the draft VetHUB

Subcontracting Plan for review

SEPTEMBER 1, 2026, at 5:00

PM Central Time

Deadline for TWC to provide the courtesy review of the draft VetHUB Subcontracting

Plan

SEPTEMBER 4, 2026, at

5:00PM Central Time

Deadline for Submission of Bids (NOTE:

Bids must be RECEIVED by TWC by the deadline)

SEPTEMBER 18, 2026, at

10:00 AM Central Time

Anticipated Notice of Intent SEPTEMBER 2026

Anticipated Contract Start Date OCTOBER 2026

Bidders must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an

Addendum posted to the ESBD.

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ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

The Business Enterprise of Texas (BET) program requires a new contract for the replacement of the walk-in cooler and walk-in freezer that is outdated in

IRS Building FAC 919 Cafeteria located at 3651 S. IH 35, Austin, TX 78741.

2.2 Description of Services/Scope of Work/Specifications

The scope of work includes:

1. Services shall include the removal, disposal, delivery, installation, and setup/startup of replacement walk-in cooler and walk-in freezer equipment, including associated refrigeration systems, piping, insulation, and supporting materials necessary for proper operation.

a. Walk-in cooler/freezer dimensions: 8 feet wide by 8 feet long by

8 feet 6 inches high.

2. The Successful Respondent shall provide all labor, materials, equipment, transportation, and supervision required to complete the work in accordance with applicable manufacturer specifications and industry standards.

3. Work Includes, but is not limited to, removal and environmentally compliant disposal of existing refrigeration equipment and components, installation of new refrigeration equipment, refrigerant piping and insulation, condensate drain lines, pressure testing, evacuation, refrigerant charging, system start up, commissioning, and operational testing to ensure the equipment is functioning as intended.

4. The Successful Respondent shall clean and prepare the work area and remove all debris generated during performance of the work.

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5. Any electrical work, roofing modifications, and any work not specifically identified within this scope of work are excluded unless otherwise approved by TWC.

6. All work shall be performed during standard hours of 7:00 AM to 5:00

PM, Monday through Friday. Any performance on weekends or holidays requires 48-hour advance written notice and express TWC approval.

7. The Contractor shall warranty all parts, components, and workmanship for a period of two (2) years. This warranty period commences on the date of Substantial Completion, as formally verified and approved in writing by TWC. The Successful Respondent shall comply with the prevailing wages as presented in Attachment

6 – Prevailing Wages Scale - Travis County.

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation Attachment 1 –

TWC Terms & Conditions are applicable to this Solicitation and any

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

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

3.2 Contract Award

TWC intends to award one contract as a result of this Solicitation.

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

Contract.

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3.3 Contract Execution

If, for any reason, a Contract cannot be executed with a Bidder selected for award within sixty (60) days of TWC’s determination to seek to contract with that Bidder, TWC may negotiate a Contract with the next highest-scored

Bidder or may withdraw, modify, or partially award this Solicitation.

3.4 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on March 01, 2027.

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

3.5 Price Adjustment

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

3.6 Payments

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

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

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

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

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

3.7 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC. Any change orders affecting scope, schedule, or pricing shall be formally executed via a written Purchase Order

Change Notice (POCN) approved by TWC’s designated Contract Manager and the Procurement Services Manager prior to the initiation of any changed work.

3.8 No Guarantee of Volume, Usage or Compensation

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

Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a

Contract under this Solicitation at any time at its sole discretion.

3.9 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.10 Offer Period

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

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

3.11 Cost Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

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

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

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

3.12 Public Information Act-Bidder Response

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

Code, Chapter 552. See Attachment 1 - Terms & Conditions, Section

2.4.

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

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

3.13 Public Information Action-Contract Award

Within five Business days from Contract execution, the Successful Bidder must submit a “Public Information Act Copy” of the Original Executed

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Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

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

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

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

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

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

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

3.14 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS

AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE STATE

OF TEXAS AND TWC REGARDING THE INTELLECTUAL PROPERTY

RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY MATERIALS

SUBMITTED TO TWC BY BIDDER.

3.15 Insurance

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

Successful Bidder shall acquire insurance, bonds, or both, with financially

IFB No. 3202700016, revised 5/2024 Page 16 of 33 sound and reputable independent insurers, in the type and amount listed in

Attachment 1 – TWC Terms & Conditions

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Bidder’s responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Bidder should be accompanied by a detailed explanation regarding Bidder's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

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

3.16 Changes of Ownership or Financial Condition

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

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

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

3.17 Sanctions and Remedies

3.17.1 General

It is agreed by TWC and the Successful Bidder that:

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a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

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

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

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

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

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

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

3.17.2 Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the

Executive Director or Executive Director’s designee shall notify the

Successful Bidder of the assessment(s). TWC will withhold Sanctions from payments to the Successful Bidder or, if no payments are to be made, TWC will make demand of payment of Sanctions. The Successful

Bidder must make payment within thirty (30) days of TWC’s demand. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Bidder, if applicable.

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3.17.3 Failure to Assess Sanctions

The failure of TWC to access Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting

Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.18 Liquidated Damages

3.18.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

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

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

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

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

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

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder. All assessments of damages shall be within the sole discretion of TWC.

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3.18.2 Assessment of Liquidated Damages

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

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

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

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

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

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

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

TWC’s demand.

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

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

3.18.3 Specific Liquidated Damage(s)

Liquidated damages have been determined as $300.00 per day for this project.

3.19 Severability

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

3.20 Franchise Tax - Right to Transact Business in Texas

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

Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.21 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any

Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

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

Bidder to terminate any Subcontractor with or without cause.

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

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

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

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

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

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

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

3.22 Discounts

If Contractor at any time during the term of the Contract provides a discount on the final contract costs, Contractor will notify TWC in writing at least ten

(10) calendar days prior to the effective date of the discount. TWC will generate a Purchase Order Change Notice or other Contract Amendment and send a revised Purchase Order or amended Contract to Contractor.

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Nicole McMurtray CTCD, CTCM

Procurement Lead

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

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

See also, Section 4.1.4 (Exception to Sole Point of Contact) below.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact) and Section

4.1.4 (Exception to Sole Point of Contact), a potential Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries). Failure to comply with these restrictions may result in disqualification of Bidder's Bid.

These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Written Questions

TWC will allow written questions regarding this Solicitation. Questions must be submitted in accordance with Section 4.1.1 Sole Point of Contact by the deadline established in Section 1.3 (Schedule of Events). Include the

Solicitation section and page number to which each question applies.

TWC will post to ESBD, an Amended Solicitation by the deadline established in

Section 1.3 (Schedule of Events). Responses to questions will not be provided individually to prospective Bidders submitting questions.

TWC reserves the right to amend answers previously posted prior to the Bid deadline identified in Section 1.3 (Schedule of Events). If amended, a notification of the amended answers will be posted on ESBD. It is the Bidder’s

IFB No. 3202700016, revised 5/2024 Page 23 of 33 responsibility to check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions received by the deadline in Section 1.3 (Schedule of Events) will be reviewed by TWC. Only TWC’s written answers posted to Bonfire to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

No changes to a Response can be made after the submission deadline.

No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in this

Section 4.1.3 Written Questions.

4.1.4 Exception to Sole Point of Contact

Exceptions to Section 4.1 (Sole Point of Contact) are as follows:

a. A Bidder with questions relating to the VHSP is permitted to direct those questions to the TWC VetHUB staff at: TWCHUBinfo@twc.texas.gov .

b. Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the Bidder, such as during

Contract negotiations. A Bidder is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such communication. Failure to comply with this requirement may result in the disqualification of a Bidder’s Response.

4.2 Pre-Bid Conference

TWC will conduct a Pre-Bid Conference. A prospective Bidder should plan to attend the Pre-Bid Conference. See Section 1.3 (Schedule of Events) for mailto:TWCHUBinfo@twc.texas.gov

IFB No. 3202700016, revised 5/2024 Page 24 of 33 the date and time. The Pre-Bid Conference will include an overview of the

Solicitation and a presentation on the VHSP requirements, if applicable to this

Solicitation.

4.2.1 Attendance

Attendance at the Pre-Bid Conference is optional but highly recommended.

Attendees to a virtual Pre-Bid Conference are required to send an email prior to the conference to the Sole Point of Contact (Section 4.1.1), advising of participation in the Pre-Bid Conference. Attendees must provide in the email their name, phone number, and name of the organization they are representing.

In-person attendees are required to sign an attendance log prior to leaving the Pre-Bid Conference.

4.2.2 Logistical Information

PHS will hold the optional Pre-Bid Conference on the date and time set out in

Section 1.3 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section

4.1.1 (Sole Point of Contact) at least seventy-two (72) hours before the meeting in order to have reasonable accommodation made by TWC.

Pre-Solicitation Conference Registration

Link: https://zoom.us/meeting/register/GRe15M6ATb2lSIN-7R7sHw

After registering, you will receive a confirmation email containing information about joining the conference.

4.2.3 Questions at the Pre-Bid Conference

a. Attendees must submit questions in accordance with Section 1.3, Schedule of Events.

https://zoom.us/meeting/register/GRe15M6ATb2lSIN-7R7sHw

IFB No. 3202700016, revised 5/2024 Page 25 of 33

b. During the Pre-Bid Conference, TWC may provide responses to questions, but only written responses will be posted on the ESBD as an

Addendum to the Solicitation. Only written responses will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Bid Deadline, answers previously posted. Amended answers will be posted on ESBD.

Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

d. Unauthorized communications with TWC other than the Sole Point of

Contact identified in Section 4.1.1 regarding this Solicitation before, during, or after the Pre-Bid Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Bidder's Bid.

4.3 Bid Composition

4.3.1 General Information

Bidder must fully and completely address all requirements described in this

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

4.3.2 Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by email at:

vendorproposals@twc.texas.gov

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary mailto:vendorproposals@twc.texas.gov

IFB No. 3202700016, revised 5/2024 Page 26 of 33 specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

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

b) Submits a Bid at its own risk;

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

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

4.3.3 Changes, Modifications, and Cancellations of Solicitation

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

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

4.4 Bid Submission and Delivery

4.4.1 Deadline

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

4.4.2 Submission Method

You must submit your bid electronically by email to

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

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

IFB No. 3202700016, revised 5/2024 Page 27 of 33

Hard copies received will not be accepted or reviewed.

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

4.4.3 Ownership of Bids

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

ARTICLE V. BID TABULATION AND AWARD

PROCESS

5.1 Screening of Bids

An administrative screening of Bids timely received will be conducted by TWC

PCS to determine which Bids meet all IFB minimum requirements and are deemed responsive and qualified for further consideration:

a. Bidder has completed, signed, dated and submitted Form 1 –

Execution of Bid in accordance with Section 6.1 Execution of Bid.

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

c. Bidder has completed, signed and submitted Form 3– VHSP in accordance with Section 6.3 VetHUB Subcontracting Plan]

d. Bidder who receives an overall score as recorded in the CPA Texas

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

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

Bidder at any time during the screening process.

IFB No. 3202700016, revised 5/2024 Page 28 of 33

5.2 Evaluation

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

ARTICLE VI. REQUIRED BID INFORMATION

SUBMITTING BID INFORMATION

Form 1 - Execution of Bid

Form 2- Cost Sheet

Form 3 - VetHUB Subcontracting Plan

Form 4- TWC 1020 Direct Deposit Form(if applicable)

Public Information Act -, if applicable. Reference Section 3.12

Public Information Act – Bidder Requirements Regarding Disclosure

6.1 Execution of Bid

Bidder must complete, sign, date and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this

Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.2 Cost Sheet

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

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

IFB No. 3202700016, revised 5/2024 Page 29 of 33

6.3 Veteran HUB Subcontracting Plan

The Comptroller of Public Accounts (CPA), Statewide Procurement Division

(SPD) administers the Veteran Historically Underutilized Business (VetHUB)

Program in accordance with Chapter 2161, Texas Government Code, and

Rules §20.281 to §20.298, Title 34, Chapter 20, Subchapter D, Division 1, Texas Administrative Code. The HUB Program rules may be accessed at:

Texas Constitution and Statutes .

Bidder must submit the VetHUB Subcontracting Plan in accordance with

Section 4.4 (Bid Submission and Delivery). The VHSP should be labeled:

“VetHUB Subcontracting Plan (VHSP),” and include all supporting documentation in accordance with Attachment 2 – VetHUB Subcontracting

Plan Guide and the VHSP. The TWC VetHUB goal is 6.50 percent for all

Services contracts.

A courtesy review of a Bidder’s completed VHSP by TWC is optional and is available upon request to assist Bidder in providing a compliant and responsive

VHSP. This courtesy review may only identify possible deficiencies, and a final compliant determination cannot be provided until the Bid is submitted.

To request a courtesy review, submit the completed VHSP, including all supporting documentation, in a PDF format by e-mail to the TWC VetHUB

Program Office by or before the Courtesy Review of VetHUB Subcontracting

Plan Deadline in Section 1.3 (Schedule of Events).

E-mail for Courtesy Review: TWCHUBINFO@twc.texas.gov.

E-mail Subject Line: VHSP Courtesy Review, No. 3202700016

Due Date: In accordance with the deadline in Section 1.3 (Schedule of

Events)

VHSPs received after the courtesy review deadline in Section 1.3 (Schedule of Events) will not be reviewed. A response regarding the VHSP will be https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2161&artSec= mailto:TWCHUBINFO@twc.texas.gov

IFB No. 3202700016, revised 5/2024 Page 30 of 33 provided at least ten (10) days prior to the Bid Submission Deadline in

Section 1.3 (Schedule of Events) from the VetHUB Office, allowing enough time to rectify any potential deficiencies for the final VHSP submission.

The final VHSP must be submitted with the Bid by the deadline in Section 1.3

(Schedule of Events). Bids that do not include a completed VetHUB

Subcontracting Plan shall be rejected due to material failure to comply with

Texas Government Code § 2161.252(b).

Access HSP Form:

The HUB Subcontracting Plan may be accessed at the Comptroller’s website at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

TWC finds that this contract contains subcontracting opportunities in the service areas listed on page one of the solicitation. However, you are not restricted to these trades only.

CMBL Instructions:

Locate a list of HUB subcontractors on the Centralized Masters Bidders

List (CMBL) at:

Search For Vendors

Geographic Delivery Zones and Districts

a. Select: VetHUBs Only,

b. Multiple Vendor Search,

c. Enter: NIGP Class / Item Code

d. Highway District #, click on Search.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/contracts/regions.php

IFB No. 3202700016, revised 5/2024 Page 31 of 33

6.4 Progress Assessment Report

The Successful Respondent will be required to submit a monthly Progress

Assessment Report (PAR) (Attachment 3) along with itemized invoices for the month reporting, no later than the 5th day of each month for the entire life of the contract. See How to Complete the PAR (Attachment 4)

This is in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Rule §20.284 (d)(2)(H)-(I).

Submission is required whether there is any subcontracting to report or not.

The PAR is a condition of payment. Failure to submit timely may, delay or place the payment on hold.

Failure to adhere to these requirements is a breach of contract and may include debarment from all State of Texas contracting.

LIST OF ATTACHMENTS AND FORMS

Attachment 1 Terms & Conditions

Attachment 2 VetHUB Subcontracting Plan Guide

Attachment 3 Progress Assessment Report (PAR)

Attachment 4 How to Complete the PAR

Attachment 5 Direct Deposit Form Instructions

Attachment 6 Prevailing Wages-Travis County

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 VetHUB Subcontracting Plan

Form 4 Direct Deposit Form (if applicable)

IFB No. 3202700016, revised 5/2024 Page 33 of 33

Version History

Date

(mm/dd/yyyy)

Version Summary of Implementation/Changes

8/2024 1.0 Date of original publication

8/2026 2.0 Revisions to update broken websites