ESBD_558459_1789067738486_IFB - Camp Mabry Portables.pdf

TEXAS MILITARY DEPARTMENT OF THE STATE OF TEXAS

SOLICITATION

NIGP Code

909-25, Building Construction, Prefabricated, All Types.

SOLICITATION NO.

TMD27-CFMO-0046097

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATE ISSUED

09/10/2026

INVITATION FOR BIDS (IFB) – Camp Mabry Portables Lease, Installation, and Maintenance of Temporary Modular Workspace Facilities

Respondent must deliver or have delivered their responses, with all required documents, to the TMD, 2200 West 35th Street, Bldg. 37, Austin, TX 78703 no later than 11:30 AM. CT on 10/28/2026

FOR INFORMATION CONTACT:

Tom Picazo

Contract Specialist, CTCD, CTCM

Contract Administrator

PHONE: 512-839-2313

EMAIL: FY27CampMabryPortables@cfmo.mil.texas.gov

RESPONSE (Respondent must fully complete) DISCOUNT FOR PROMPT PAYMENT:è 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF Respondent:è

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

TERM, PRICING, and FUNDING The Contract becomes effective on the date stated in the Notice of Award or Purchase Order. The initial lease term for each facility is thirty-six (36) months and begins upon TMD’s written acceptance of that facility as complete and ready for occupancy. TMD may renew the lease for up to two (2) additional one-year periods. TMD reserves the sole right to exercise each renewal option by written notice to the Contractor.

Respondents shall provide monthly lease and maintenance rates and all other required pricing on the Mandatory Pricing Schedule. Pricing shall remain firm for the initial lease term and each renewal period unless otherwise authorized by the Contract.

TMD may exercise an applicable purchase option in accordance with the Mandatory Pricing Schedule and the terms of the Contract. Purchase and renewal options are not guaranteed and may be exercised only through written authorization from

TMD.

TMD anticipates funding the Contract in 12-month periods and adding funds to the Purchase Order for each 12-month period. Funding the Purchase Order in 12-month periods does not convert the second and third years of the initial 36-month lease term into optional renewal periods. Continuation of the Contract is subject to the availability of appropriated funds.

mailto:FY27CampMabryPortables@cfmo.mil.texas.gov

ANTICIPATED SCHEDULE OF EVENTS

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

Date Time CST Events 9/10/2026 4:00 PM Solicitation Posted to ESBD

10/6/2026 10:00 AM

2:00 PM Mandatory site visit. (2200 West 35th Street, Bldg. 37, Austin, TX 78703). Failure to attend one (1) of the three (3) pre-bid site visits will result in disqualification of the response. 10/7/2026 10:00 AM

10/13/2026 4:00 PM Last day to submit written questions for clarification to

TMD

10/13/2026 4:00 PM Space-Fit/Configuration Layout deadline 10/21/2026 4:00 PM Estimated date for TMD to post the Question and

Answer (Q&A) document and Final Configuration Addendum to ESBD

10/28/2026 11:30 AM Deadline for TMD to receive Bids 11/30/2026 4:00 PM Estimated Award Date 12/21/2026 4:00 PM Estimated Notice To Proceed

Intentionally Left Blank

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

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

B.4 MANDATORY PRICING SCHEDULE

B.4.1 Contract Term Pricing

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS and Statement of Work

C.3 DELIVERY

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.2 TMD’s Project Manager

C.7 VETERAN HEROES UNITED IN BUSINESSES (VETHUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 BONDS REQUIRED UNDER THE CONTRACT

C.10 SERVICE CALL RESPONSE TIME

C.11 WARRANTY CALL RESPONSE TIME

C.12 WAGE RATES

C.13 CRIMINAL HISTORY BACKGROUND CHECK

C.14 REFERENCES

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 ADDENDA TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Submission Packet E.8.2 Exceptions

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

E.11 AGENCY POSTING OF CONTRACTS

E.12 ANTICIPATED SCHEDULE OF EVENTS

E.13 SITE VISIT

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

BY NUMBER AND TITLE

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SECTION A—DEFINITIONS

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

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

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

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

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

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

“Contractor” means the individual, business or other entity awarded the Contract.

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

“Days” means calendar days unless otherwise specified.

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

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

“Parties” means Contractor and TMD.

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

“Facility” means either the North Site or South Site temporary modular workspace facility, as applicable.

“Final Acceptance” means TMD’s written determination that a Facility is complete, has received all required inspections and approvals, is ready for occupancy, and otherwise satisfies the applicable Contract requirements. Final Acceptance of each Facility establishes the beginning of its Initial Lease Term.

“Final Configuration” means the common North Site and South Site configurations established by TMD and issued to all prospective Respondents by addendum following TMD’s review of the submitted Space- Fit/Configuration Layouts.

“Installation Work” means the delivery, placement, assembly, interior fit-out, testing, commissioning, and other work necessary to make each Facility complete and ready for occupancy, excluding the Owner’s final utility connections and other work expressly identified as Owner-furnished.

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“Mandatory Installation Date” means March 30, 2027, by which both Facilities must receive Final Acceptance and be complete and ready for occupancy.

“North Site” means the temporary modular workspace location behind Building 24 at Camp Mabry, as further described in the SOW.

“South Site” means the temporary modular workspace location adjacent to Building 19 at Camp Mabry, as further described in the SOW.

“Space-Fit/Configuration Layout” means the mandatory pre-bid layout required by the SOW and IFB that demonstrates how a prospective Respondent’s available modular units will accommodate the required space program and other stated requirements within the North and South Site footprints.

“Total Base Bid” means the Respondent’s total price for all Base Bid requirements, including the one-time initial delivery and installation costs, the Initial Lease Term, required maintenance and service, and demobilization and restoration, as calculated on the Mandatory Pricing Schedule. Bid Options and unit prices are not included in the Total Base Bid.

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. TMD seeks and Contractor shall provide the commodities or services described in Section C, Specifications. Respondents shall submit all pricing on Attachment G.4, Mandatory Pricing Schedule.

B. The Contractor must deliver and install both Facilities in compliance with all requirements of the Contract. Payments will be processed in accordance with Sections B.2 and B.3 following TMD’s acceptance of the applicable work, service, or invoice.

C. Respondent must submit a response that include all costs, fees, licenses, and expenses for Contractor’s delivery of both Facilities and performance under the Contract and will represent Contractor’s sole compensation under the Contract. No minimum compensation is guaranteed under the Contract. No payments may be approved or made prior to TMD’s acceptance as provided in the Contract.

D. TMD intends to award the Contract to the responsible Respondent submitting the lowest-priced responsive Bid. The evaluated price will be based solely on the Total Base Bid stated on the Mandatory Pricing Schedule. Bid Options and unit prices will not be included in the evaluated price. TMD also reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the response to best serve the interests of TMD.

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

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

G. Unless otherwise specified, all items bid must be new and unused and of current production. Late-model used units may be offered only under the applicable deductive Bid Option and must comply with the requirements of the SOW.

H. All electrical items must meet all applicable Occupational Safety and Health Administration (OSHA) standards and regulations, and bear the appropriate listing from Underwriters Laboratories (UL), Factory Mutual Research Corporation (FMRC), or National Electrical Manufacturers Association (NEMA).

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

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project

Page 8 of 29 Approved 10/16/2021 phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

For this Contract, each invoice must separately identify the North Site and South Site, the applicable Mandatory Pricing Schedule line item, the type of charge being invoiced, the applicable billing period, the quantity or number of months billed, the Contract rate, and the extended amount. One-time installation charges, monthly lease charges, monthly maintenance charges, exercised Bid Options, and demobilization or restoration charges must not be combined into an unidentified lump-sum charge.

A. Contractor’s invoice must include the following:

1. the Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

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

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

Texas Military Department (TMD) Attn: Accounts Payable Department

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

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

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.1).

B. Regardless as to whether Direct Deposit is chosen, Respondent must submit a completed Texas Application for Payee Identification Number (Attachment G.2) to the following address:

Texas Military Department (TMD) Attn: Accounts Payable Department

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

Reference: Contractor Set-up for Solicitation TMD27-CFMO-0046097

Notes: Contact Tom Picazo when completed 512-839-2313 or FY27CampMabryPortables@cfmo.mil.texas.gov

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

B.3.1 Billing and Payment A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.2 above. TMD will notify Contractor if invoice is deemed to be inaccurate within 20 days of receipt.

mailto:Payables@military.texas.gov

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

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

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

E. One-time delivery and installation charges may be invoiced after TMD’s Final Acceptance of the applicable Facility. Lease and required maintenance charges for each 12-month service period may be invoiced in advance following TMD’s Final Acceptance of the applicable Facility and before the beginning of that service period. An exercised Bid Option may be invoiced after the applicable work or item has been completed, delivered, and accepted by TMD. Demobilization and restoration charges may be invoiced after the applicable work has been completed and accepted by TMD.

B.3.2 Payment Adjustment A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified or any money determined to be due as specified in the Contract.

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

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

B.3.3 Late Payment Any amount owed to Contractor more than one (1) day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Texas Government Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.3.4 Deductions for Unacceptable Compliance If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract

Compliance Reports and Data required from Contractor;

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

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3. Failure to respond to audit reports; and

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

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

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

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

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

B.3.6 Debts and Delinquencies

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

B.3.7 Right to Offset

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

B.4 MANDATORY PRICING SCHEDULE

B.4.1 Contract Term Pricing

The Respondent must submit its bid price within the Pricing Schedule located in Attachment G.4.

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

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

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Texas Military Department (TMD) requires two temporary modular workspace facilities at Camp Mabry to accommodate 165 personnel—110 at the North Site and 55 at the South Site. Both facilities must be fully installed, accepted by TMD, and ready for occupancy no later than March 30, 2027. The facilities will be leased for an initial term of thirty-six (36) months, with two additional one-year renewal options and an option for TMD to purchase either or both facilities, as further established in the Invitation for Bids.

C.2 SPECIFICATIONS AND STATEMENT OF WORK

The Contractor shall perform all work in accordance with Attachment G.6, Scope of Work – Camp Mabry Portables, including SOW Appendices A, B, and C, which are incorporated into and made a part of this solicitation and any resulting Contract. The Statement of Work establishes the minimum technical requirements for the project.

C.3 DELIVERY

The Contractor must deliver, install, and obtain TMD’s Final Acceptance of both Facilities, complete and ready for occupancy, no later than March 30, 2027.

Respondents must complete and submit Attachment G.7, Proposed Performance Schedule, with their Bid to demonstrate their ability to meet this requirement. The proposed schedule must identify long-lead items, the critical path, and whether work at the North and South Sites will be performed concurrently or sequentially. Submission of a proposed schedule does not modify the Mandatory Installation Date.

C.4 DELIVERABLES

The Contractor shall provide all post-award deliverables identified in Section 5 of Attachment G.6, Scope of Work – Camp Mabry Portables, within the time specified for each deliverable.

C.5 ACCEPTANCE CRITERIA

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

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

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

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

D. Indicators of probable performance under the Contract to include, but not limited to: past vendor performance; financial resources; ability, capacity, and skill to perform the Contract

Page 13 of 29 Approved 10/16/2021 or provide the serviced required; experience or demonstrated capability and responsibility;

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

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

F. For purposes of Contract performance and payment, TMD will provide Final Acceptance of each Facility only after the Facility is fully installed and operational and TMD has provided written acceptance.

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for the Contract is Tom Picazo.

B. The telephone number for the Contract Administrator is 512-839-2313.

C. The email address is FY27CampMabryPortables@cfmo.mil.texas.gov

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

C.6.2 TMD’s Project Manager

A. The Project Manager for the Contract is Dave Hunter.

B. The email address is FY27CampMabryPortables@cfmo.mil.texas.gov

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

C.7 VETERAN HEROES UNITED IN BUSINESSES (VETHUB) PARTICIPATION

A. In accordance with Texas Government Code Chapter 2161, State law, and the Comptroller of Public Accounts’ current rules governing the Historically Underutilized Business Program, as revised by emergency rule to comply with the Texas Constitution and the United States Constitution, it is the policy of the Texas Military Department (TMD) to encourage the participation of qualified small businesses owned and controlled by service-disabled veterans (SDV) in providing goods and services to the agency on contracts with a potential value of $100,000 or more.

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B. Contractor must make a good faith effort to comply with all state VetHUB requirements under Texas Government Code Chapter 2161 and the administrative rules, as applicable. Contractor must also comply with its approved VetHUB Subcontracting Plan (HSP).

C. Contractor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from TMD prior to making any modifications to its HSP.

D. Contractor must submit a detailed description of the HSP and required forms with the response. Contractor’s response will be disqualified if the agency forms are not completed in full or are missing from Contractor’s original response.

E. Contractor must provide notice to all subcontractors of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor shall perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the Contract Administrator no later than ten business days after the effective date of the Contract.

F. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

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

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

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

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

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

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit

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

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$500,000 Combined Single Limit (for each accident)

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

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

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

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

(2) include a Waiver of Subrogation Clause.

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

Contractor shall:

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

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

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

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

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

C.9 BONDS REQUIRED UNDER THE CONTRACT

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

A. For purposes of this Section C.9, the “Bonded Amount” is the sum of the one-time delivery and installation costs, required maintenance and service costs for the Initial Lease Term, Page 16 of 29 Approved 10/16/2021 and one-time demobilization costs stated on the Mandatory Pricing Schedule. The Bonded Amount excludes monthly lease charges, unexercised Renewal Options, unexercised Bid Options, and Purchase Options. Any Bid Option involving delivery or installation work that TMD exercises at award will be included in the Bonded Amount.

B. If the Bonded Amount exceeds $100,000.00, a performance bond will be executed in the Bonded Amount, conditioned upon the faithful performance of the bonded work in accordance with the Contract documents. Said bond will be solely for the protection of the State.

C. If the Bonded Amount exceeds $25,000.00, a payment bond will be executed in the Bonded Amount, solely for the protection of all claimants supplying labor and material for the bonded work.

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

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

C.10 SERVICE CALL RESPONSE TIME

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

A. SERVICE CALLS DURING REGULAR WORK HOURS (8:00 a.m. to 5:00 p.m.): Within four (4) hours of notification.

B. SERVICE CALLS OUTSIDE REGULAR HOURS: Within eight (8) hours of notification.

C. EMERGENCY SERVICE CALLS DURING REGULAR WORK HOUR (8:00 a.m. to 5:00 p.m):

Response time to emergency call-backs during regular business hours will be within two (2) hours. TMD will identify emergency calls at time of notification.

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

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

C.11 WARRANTY CALL RESPONSE TIME

TMD requires Contractor to respond to any warranty call concerning this project within a 48-hour time period. For any warranty call issued, Contractor shall have two (2) days to replace defective products after receipt of notification by TMD that a warranty issue exists.

C.12 WAGE RATES

TMD is the contracting agency for this state-funded project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid.

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A. Texas Government Code § 2258. Prevailing wage rates pursuant to the requirements of this statute.

B. If applicable, TMD has ascertained the attached rates located in Attachment G.8 are paid to various classifications of workers in the locality of this project.

C. The hourly rate for legal holiday and overtime work will be not less than 1½ times the base hourly rate.

A contractor or subcontractor who violates this section must pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. The Texas Government Code § 2258 prevailing wage rate can be viewed at the following: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm.

C.13 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by TMD at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete TMD’s Vendor Background Information form will be provided by TMD.

B. If required under the Contract, Contractor shall not allow personnel who have not submitted to and successfully completed TMD’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a TMD security clearance to work on the Contract. TMD has the right to prevent Contractor’s personnel from gaining access to TMD’s building(s) and computer systems if TMD determines that such personnel do not pass the background check or fail to otherwise maintain TMD security clearance.

C. When required, Contractor’s Project Manager will provide the following to TMD’s Project Manager within seven (7) days of executing the Contract:

1. the completed Vendor Background Information form for all proposed personnel; and

2. Acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, TMD may require Contractor personnel to submit to an annual TMD fingerprint-based Criminal History Background Investigation to TMD.

E. Throughout the term of the Contract, Contractor shall promptly notify TMD of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.14 REFERENCES

Respondents must submit with their Bid at least three (3) references for comparable modular or temporary facility projects completed within the past five (5) years. At least one reference must involve work performed at a secure, government, or active-installation site, and at least one http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm

Page 18 of 29 Approved 10/16/2021 reference must demonstrate acoustically rated interior construction achieving STC 50 or greater, with field-test results if available. One project may satisfy both specialized experience requirements.

Each reference must include the project name and location, a brief description of the work, completion date, contract value, and the customer’s current contact name, telephone number, and email address.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO

RECEIVE REPORT

Monthly Fifth business day to Contract Administrator

HUB

Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

IFB, Attachment G.5

Contract Administrator and HUB Coordinator

As required

Before Contract execution and upon renewal, replacement, or material change

Insurance Requirements IFB, Section C.8

Contract Administrator

As Invoiced In accordance with Sections B.2 and B.3.1(E)

Invoicing – Specific to the Contract

IFB Section B.2 and B.3.1

Payables@military.texas.gov with a copy to Contract Monitor

Monthly during the lease term

Fifth business day following the reporting month

Maintenance and service report identifying preventive maintenance, service calls, repairs completed, and unresolved issues for each Facility

SOW, Section 4.8

Project Manager and Contract Administrator mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

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

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

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

Submission of responses

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

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

Tom Picazo Texas Military Department, CFMO 2200 West 35th Street, Bldg. 37, Austin, TX 78703 Subject: Camp Mabry Portables Subject: Solicitation No. TMD27-CFMO0046097

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

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

E.2 ADDENDA TO THE SOLICITATION

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

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

C. Respondent must submit the acknowledgment to TMD by the time specified for receipt of responses.

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

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E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses will be time stamped at the office designated in the solicitation on or before the date and time specified in this solicitation.

B. Any response received at the designated location after the specified date and time will not be considered.

C. Responses cannot be altered, amended, or modified after closing date and time.

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

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

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

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

E.4 SIGNATURES ON RESPONSE SUBMITTED

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

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

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

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

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

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

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E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 60 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 60-day period.

B. Such period may be extended beyond the 60 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Respondent, whose response, is lowest price meeting specifications.

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

E.7 TMD’S RIGHTS

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

B. TMD may:

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

2. accept other than the lowest priced response; and

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

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

D. TMD reserves the right to reject any one (1) response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting Contract as determined by TMD with respect to the scope of the project.

G. TMD is not liable for any costs or damages that may be incurred by Respondents or prospective Contractors in the preparation, formulation, or presentation of a response.

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H. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

I. TMD reserves the right to withdraw this solicitation at any time for any reason.

J. TMD reserves the right to award no Contract and to solicit additional responses at a later time.

K. TMD incurs no obligation regarding this solicitation unless and until a Contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

L. TMD will not hold a public bid opening event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Submission Packet

Respondent must submit one complete Bid packet in accordance with Section E.1. The Bid packet must contain the following documents, organized in the order listed:

A. Solicitation, Page 1 fully completed and signed, with all addenda acknowledged;

B. Signed addendum(s) cover page(s), as required by the addendum(s) instructions;

C. Evidence of the ability to obtain and maintain the insurance required by Section C.8.

Respondent is not required to purchase the insurance before award;

D. Attachment G.1, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option;

E. Attachment G.2, Application for Texas Identification Number;

F. Documentation from the appropriate state entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts); and

G. Subcontracting Plan and supporting documentation required by Section C.7 and Attachment G.5.;

H. Respondent qualification information required by Section 10 of the SOW;

I. Identification of the manufacturer, model year, and age of the modular units proposed for the Base Bid and the late-model-used-unit Bid Option, as required by the SOW;

J. Attachment G.4, Mandatory Pricing Schedule, fully completed;

K. Attachment G.7, Proposed Performance Schedule, fully completed; and

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L. Any other document expressly identified in this solicitation as required to be submitted with the Bid.

E.8.2 Exceptions

A. No exceptions should be included in response. Bids received that take any exceptions to this solicitation will be disqualified and deemed non-responsive to the solicitation and TMD will remove the bid from further consideration.

E.9 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Tom Picazo, CTCD, CTCM, Contract Administrator

TMD

Construction and Facilities Management Office, Contracting Branch

P.O. BOX 5218

Austin, Texas 78763-5218 Email: FY27CampMabryPortables@cfmo.mil.texas.gov

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and Contract Services.

C. Respondent should rely only on the written information provided in this manner. Respondent is specifically cautioned against relying on any oral information.

D. All Respondents are specifically barred from making contact with any TMD personnel involved in this solicitation for the purpose of discussing its responses.

E. Respondent may; however, seek clarifications of the solicitation through the written process described above.

F. Respondent is reminded that 10/13/2026 4:00 P.M. Central Time is the last day to submit written questions for clarification by TMD.

G. Respondent is reminded that 10/13/2026 4:00 P.M. Central Time is the last day to submit the mandatory pre-bid Space-Fit/Configuration Layout.

H. Unauthorized contact with TMD personnel by any Respondent may result in Respondent’s response being rejected in its entirety.

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

TMD is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The response and other information submitted to TMD by Respondent are subject to release as public information by TMD. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

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If it is necessary for Respondent to include proprietary or otherwise confidential information in its response or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.