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

Tractor and Equipment

IFB No. 3202600214

Date of Release: August 28, 2026

Bids Due: October 6, 2026, by 10:00 a.m. Central Time

020-89 Tractors, Farm, Wheel Type

022-80 Tractor (Farm and Garden) Parts

760-50 Loaders, Front End, Wheel Type Tractors

963 – 39 Fees (Not Otherwise Classified)

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

Corie Remschel CTCD, CTCM

Procurement Lead

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

IFB No. 3202600214, revised 5/2024 Page 2 of 28

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 Term

3.4 Price Adjustment

3.5 Payments

3.6 Contract Amendments

3.7 No Guarantee of Volume, Usage or Compensation

3.8 Governmental Entities

3.9 Offer Period

3.10 Cost Incurred

3.11 Public Information Act-Bidder Response

3.12 Public Information Action-Contract Award

3.13 Bidder Waiver-Intellectual Property

3.14 Insurance

3.15 Changes of Ownership or Financial Condition

3.16 Remedies

3.17 Liquidated Damages

3.18 Severability

3.19 Franchise Tax - Right to Transact Business in Texas

3.20 Subcontractor Requirements

Article IV. Bid Process

4.1 Sole Point of Contact

4.2 Bid Composition

4.3 Bid Submission and Delivery

Article V. Bid Tabulation and Award Process

5.1 Screening of Responses

IFB No. 3202600214, revised 5/2024 Page 3 of 28

5.2 Evaluation

Article VI. Required Bid Information

6.1 Execution of Bid

6.2 Cost Sheet

6.3 Financial Questionnaire

LIST OF ATTACHMENTS AND FORMS

IFB No. 3202600214, revised 5/2024 Page 4 of 28

DEFINITIONS

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

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

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

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

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

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

“days” shall be calendar days.

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

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

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

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

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

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing

IFB No. 3202600214, revised 5/2024 Page 5 of 28 vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

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

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

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

Business Operations division.

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

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

Addenda, if any.

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

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

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

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

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

Code (TAC), § 20.282.

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

IFB No. 3202600214, revised 5/2024 Page 6 of 28

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.

“Vocational Rehabilitation (VR)” is a joint state and federally funded program to assess, plan, develop, and provide VR services for eligible individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice so that these individuals can prepare for and engage in competitive integrated employment and achieve economic self-sufficiency.

ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

The purpose of this solicitation is to procure a compact utility tractor equipped with a front-end loader attachment designed with specific accessibility features to accommodate a Vocational Rehabilitation (VR)

Customer with mobility impairments located in North Zulch, Texas. TWC PCS is seeking competitive bids to establish contract(s) for an adaptive compact utility tractor with a front-end loader, featuring specialized hand-operated controls and low-profile accessibility for an operator with mobility impairments.

The objective is to provide a safe, accessible, and reliable piece of agricultural equipment that allows the operator to maintain vocational independence and perform essential farm operations without the use of foot-pedal controls.

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

Solicitation, which includes Invitation for Bid (IFB) announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified

Responses. Procurement and Contract Services (PCS), in coordination with each Texas Workforce Commission (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 Texas Workforce Commission - Home Page.

https://www.twc.texas.gov/

IFB No. 3202600214, revised 5/2024 Page 8 of 28

1.2 Authority

TWC is soliciting the goods and/or services stated in this IFB under the authority Texas Government Code §§ 2155.062 and 2156.001.

1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the

Deadline for Submission of Bids will be published as an Addendum posted to the ESBD. Bidder is required to sign and return an Addendum or

Addenda with the Bid.

EVENT DATE and TIME

Solicitation Notification posted to ESBD August 28, 2026

Deadline for Submitting Written Questions September 8, 2026, at 5:00

PM Central Time

Estimated Date Responses to Written

Questions will be posted to the ESBD

September 29, 2026, at

5:00 PM Central Time

Deadline for Submission of Bids (NOTE:

Bids must be RECEIVED by TWC by the deadline)

October 6, 2026, at 10:00

AM Central Time

Anticipated Notice of Intent October 2026

Anticipated Contract Start Date November 2026

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

Addendum posted to the ESBD.

IFB No. 3202600214, revised 5/2024 Page 9 of 28

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

TWC PCS is seeking competitive bids to establish a contract for the procurement of an adaptive compact utility tractor and front-end loader designed to facilitate essential agricultural operations for a VR Customer with mobility impairments. The equipment must feature a hand-operated control system for all primary functions—including braking and shifting—to allow for full operation without the use of foot pedals, alongside a low-profile chassis for safe mounting and dismounting with minimal upper-body strain. This procurement will provide a safe, accessible replacement for outdated machinery, enabling the customer to independently perform critical vocational tasks such as livestock care, land clearing, and material hauling. Bidders are required to provide a turnkey solution that includes the delivery and setup of the equipment, as well as a comprehensive instructional walkthrough to ensure the operator can safely navigate the farm and utilize the specialized adaptive features.

2.2 Description of Services/Scope of Work/Specifications

2.2.1 Project Objective

The contractor shall provide one (1) new Utility Tractor (100–115 Engine HP) and one (1) compatible Front-End Loader attachment. The primary objective is to procure a high-capacity machine that can be operated safely and entirely through hand-actuated controls, eliminating the need for foot-pedal interaction for clutching, shifting, or braking.

2.2.2 Technical Specifications & Accessibility Requirements

To meet the vocational needs of the operator, the equipment must include the following features:

IFB No. 3202600214, revised 5/2024 Page 10 of 28

• Hand-Operated Transmission: The tractor must feature a hydraulic shuttle shift (allowing forward and reverse direction changes via a hand lever) and an electronic de-clutch button located on the gear shift lever. These features must allow the operator to change gears and directions without the use of a foot-actuated clutch.

• Braking System: The tractor must be equipped with a brake system that is either hand-operated or easily adaptable to hand-control to ensure the safety of the operator and livestock.

• Accessibility & Entry: The tractor must feature a wide-entry operator station with a flat platform and ergonomically designed, low-profile steps. This is required to allow the operator to mount and dismount the vehicle safely with minimal physical strain on the upper body and shoulders.

• Horsepower: The engine must provide between 100 and 115 HP to handle heavy-duty agricultural tasks, including hauling large hay bales and clearing land.

• Front-End Loader: The unit must include a factory-installed or fully compatible front-end loader with a minimum lift capacity of 3,800 lbs.

The loader must be operated via a hand-controlled joystick.

2.2.3 Operational Utilization

The operator will utilize this equipment to maintain a working farm and manage livestock. Key tasks include:

• Material Handling: Hauling, lifting, and distributing large round hay bales and heavy livestock feed.

IFB No. 3202600214, revised 5/2024 Page 11 of 28

• Land Management: Clearing brush, grading terrain, and preparing sites for planting fruit trees.

• General Maintenance: Mowing large acreage and navigating uneven terrain that is currently inaccessible via a walker or standard vehicle.

2.2.4 Contractor Responsibilities

The successful bidder shall be responsible for the following:

• Turnkey Delivery: Delivery of the fully assembled tractor and front-end loader to the customer’s farm location in North Zulch, Texas.

• Equipment Setup: Ensuring all adaptive hand controls, hydraulic shuttle systems, and the front-end loader are properly calibrated and tested for immediate use.

• Instructional Walkthrough: Providing a comprehensive on-site orientation for the customer. This walkthrough must specifically cover the safe operation of the hand-actuated transmission, the de-clutch system, mounting/dismounting procedures, and general machinery safety.

• Warranty: Providing full, standard manufacturer warranty documentation for the tractor and the loader attachment.

2.2.5 Safety Compliance

The equipment must replace outdated machinery and meet all current industry safety standards. The hand-operated control systems must be integrated and highly reliable to prevent injury to the operator or livestock during daily farm operations.

IFB No. 3202600214, revised 5/2024 Page 12 of 28

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation and Attachment 1

– VR Terms and 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 (1) Contract as a result of this Solicitation.

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

3.3 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on August 31, 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 - VR Terms and Conditions shall apply.

IFB No. 3202600214, revised 5/2024 Page 13 of 28

3.4 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.

3.5 Payments

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

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

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

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

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

3.6 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC.

3.7 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.

IFB No. 3202600214, revised 5/2024 Page 14 of 28

3.8 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.

3.9 Offer Period

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

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

3.10 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.

3.11 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

IFB No. 3202600214, revised 5/2024 Page 15 of 28

Government Code, Chapter 552. See Attachment 1 – VR Terms and

Conditions, Section 2.2.

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.

3.12 Public Information Action-Contract Award

a. Within five (5) Business days from Contract execution, the

Successful Bidder must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public

Information Act Copy must meet the following requirements:

b. 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);

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

d. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Bid as required in Section 3.11 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

IFB No. 3202600214, revised 5/2024 Page 16 of 28

Information Act Copy.” There must be no redactions in the Original

Contract.

3.13 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.

3.14 Insurance

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

Successful Bidder shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 – VR Terms and Conditions.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of ensuring 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.

IFB No. 3202600214, revised 5/2024 Page 17 of 28

3.15 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.

3.16 Remedies

3.16.1 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

IFB No. 3202600214, revised 5/2024 Page 18 of 28 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.

3.16.2 Assessment of Remedies

Once TWC has determined that Remedies 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.

3.16.3 Failure to Assess Remedies

The failure of TWC to assess Remedies 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

Remedies.

3.17 Liquidated Damages

3.17.1 General

It is agreed by TWC and the Successful Bidder that:

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

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by

IFB No. 3202600214, revised 5/2024 Page 19 of 28 the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

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

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

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

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

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

3.17.2 Assessment of Liquidated Damages

a. 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

IFB No. 3202600214, revised 5/2024 Page 20 of 28 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.

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 Severability

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

3.19 Franchise Tax - Right to Transact Business in Texas

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

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/.

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

IFB No. 3202600214, revised 5/2024 Page 21 of 28

3.20 Subcontractor Requirements

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

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

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

Successful Bidder to terminate any Subcontractor with or without cause.

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

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

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

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

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

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

ARTICLE IV. BID PROCESS

4.1 Sole Point of Contact

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Corie Remschel CTCD, CTCM

Procurement Lead

IFB No. 3202600214, revised 5/2024 Page 22 of 28

VendorProposals@twc.texas.gov

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

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided in

Section 4.1.3 Written Questions. 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 the Questions & Answers and, if appropriate, 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 mailto:VendorProposals@twc.texas.gov

IFB No. 3202600214, revised 5/2024 Page 23 of 28 notification of the amended answers will be posted on ESBD. It is the

Bidder’s 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 ESBD 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.

4.2 Bid Composition

4.2.1 General Information

Bidder must fully and completely address all requirements described in this

Solicitation. Incomplete or partial Bids will not be considered. The Bidder must provide all information that the Bidder believes would be helpful to

TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.2.2 Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or

IFB No. 3202600214, revised 5/2024 Page 24 of 28 other error in the IFB in the manner and by the described in Section 4.1.3

(Written Questions).

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

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

b) Submits a Bid at its own risk;

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

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

4.2.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices on the ESBD.

4.3 Bid Submission and Delivery

4.3.1 Deadline

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

IFB No. 3202600214, revised 5/2024 Page 25 of 28

4.3.2 Submission Method

You must submit your bid electronically by email to

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

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

Hard copies received will not be accepted or reviewed.

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

TWC.

4.3.3 Ownership of Bids

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

ARTICLE V. BID TABULATION AND AWARD

PROCESS

5.1 Screening of Responses

An administrative screening of Responses timely received will be conducted by TWC PCS to determine which Responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration:

IFB No. 3202600214, revised 5/2024 Page 26 of 28

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 and submitted Form 3 – Financial

Questionnaire in accordance with Section 6.3 Financial

Questionnaire.

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.

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

Public Information Act -, if applicable. Reference Section 3.12

Public Information Act – Bidder Requirements Regarding

Disclosure

Form 3 – Financial Questionnaire

TWC 1020 Substitute W-9 and Direct Deposit Form

IFB No. 3202600214, revised 5/2024 Page 27 of 28

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.

6.3 Financial Questionnaire

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid.

If TWC learns of a failure to disclose after a Contract has been awarded to the Successful Bidder, the Contract may be terminated. In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

IFB No. 3202600214, revised 5/2024 Page 28 of 28

LIST OF ATTACHMENTS AND FORMS

Attachment 1 TWC VR Terms and Conditions

Form 1 Execution of Bid

Form 2 Cost Sheet

Form 3 Financial Questionnaire

List of Attachments and Forms