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TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP Code 910-27 Garbage and Trash Removal, Disposal and/or Treatment Services 975-37 Garbage/Refuse Equipment, Dumpsters, etc. Rental or Lease

SOLICITATION NO.

TMD27-FMO-0044621

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATED ISSUED

10/7/2026

INVITATION FOR BIDS (IFB)

GARBAGE, TRASH REMOVAL AND DISPOSAL SERVICES - STATEWIDE

Respondent must submit email responses no later than 2:00 P.M.

Central Time on 11/9/2026 to the following email addresses.

Texas Military Department (TMD) Procurement and Contract Services (P&CS) Email: Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov Attention: TMD27-FMO-004621 Garbage, Trash Removal and Disposal Services - Statewide

FOR INFORMATION CONTACT:

Susannah Jones Contract Specialist, CTCD, CTCM Contract Administrator Phone: (512) 782-3826 Email: Procurement@military.texas.gov; and cc: Susannah.Jones@military.texas.gov

RESPONSE (BIDDER MUST FULLY

COMPLETE & SIGN BELOW OR

YOUR RESPONSE WILL BE BE

DISQUALIFIED)

DISCOUNT FOR PROMPT PAYMENT:

10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME OF BIDDER:

ADDRESS:

RESPONSE DATE

TELEPHONE NO. (INCLUDE AREA CODE)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

OLEASE NOTE: YOUR RESPONSE WILL BE DISQUALIFIED, IF YOU FAIL TO

PROVIDE THE SIGNATURE OF THE AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

If the Authorized Representative Fails to sign response as stated above will disqualify this response. TMD may pursue and enforce any available remedies against the Bidder for making false statements, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

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

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

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ANTICIPATED SCHEDULE OF EVENTS

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

The dates in this Anticipated Schedule of Events are tentative, and TMD reserves the right to modify these dates at any time. At the sole discretion of TMD, events listed in the Anticipated Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for TMD to receive Bids will be published as an Addendum posted to ESBD. Bidder is required to sign and return an Addendum or Addenda with the Bid.

Date Time CST Event

10/7/2026 Solicitation Posted to ESBD.

10/15/2026 2:00 P.M. Last day to submit written questions for clarification to TMD.

10/20/2026 Estimated date for TMD to post responses to Question and Answer (Q&A) document to ESBD.

10/15/2026 2:00 P.M. Deadline to submit the draft Subcontracting Plan for Review.

10/22/2026 Deadline for TMD to provide courtesy review of the draft Subcontracting Plan.

11/9/2026 2:00 P.M. Deadline for TMD to receive Bids.

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING Instructions

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 BILLING AND PAYMENTS

B.5 PAYMENT ADJUSTMENT

B.6 LATE PAYMENT

B.7 DEDUCTIONS FOR UNACCEPTABLE COMPLIANCE

B.8 WITHHOLDING OF PAYMENT

B.9 DEBTS AND DELINQUENCIES

B.10 RIGHT TO OFFSET

B.11 MANDATORY PRICING SCHEDULE

SECTION C – STATEMENT OF WORK

C.1 INTRODUCTION

C.2 STATEMENT OF WORK

C.3 TERM

C.4 PRICING AND PRICE ADJUSTMENTS

C.5 SOLID WASTE REMOVAL

C.6 SERVICE LOCATIONS

C.7 PERFORMANCE SCHEDULE

C.8 SERVICES OUTSIDE REGULAR BUSINESS HOURS

C.9 STATE HOLIDAYS

C.10 TRAINING

C.11 REPORTING REQUIREMENTS

C.12 BACKGROUND CHECK FOR PERSONNEL

C.13 CONTRACTOR TELEPHONE SERVICE

C.14 CONTRACTOR PERSONNEL CONDUCT

C.15 PERFORMANCE COMPLIANCE

C.16 CONTRACTOR SUPERVISORS(S) AND PERFORMANCE MONITORING

C.17 PERSONNEL REMOVAL AND REPLACEMENT

C.18 INTOXICANTS AND ILLEGAL DRUGS PROHIBITED

C.19 SMOKING PROHIBITED

C.20 CONTTRACOR UNIFORMS AND IDENTIFICATION

C.21 TMD PERSONNEL

C.21.1. TMD’s Contract Administrator C.21.2 TMD’s Contract Monitor

C.22 VETERAN HEROES UNITED IN BUSINESS

C.23 INSURANCE REQUIRED UNDER THE CONTRACT

C.24 BONDS REQUIRED UNDER THE CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS 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 Volume One – Contract Forms and Required Response Information E.8.2 Volume Two – Bidder Information Section E.8.3 Volume Three – Mandatory Price Schedule

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

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SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

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SECTION A—DEFINITIONS

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 Bidder’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.

“Bidder” 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 7:00 a.m. to 4:00 p.m. Central Time.

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

“Contract Monitor” means focuses on daily operational compliance, on-site monitoring and invoice review, “Contractor” means the individual, business or other entity awarded the Contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Vendor.”

“Date of Award” means the date the Contract is fully executed or purchase order is issued.

“Days” means calendar days unless otherwise specified.

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

“Parties” means Contractor and TMD.

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

“Trash, Waste, Refuse, Rubbish, Garbage and Solid Waste Removal” means the routine collection, transportation, and disposal of putrescible and non-putrescible waste materials generated through regular building and kitchen activities. This includes, but is not limited to: food scraps, food packaging, domestic waste materials (e.g., boxes, cartons, wrapping materials, plastics, fixtures, paper goods), and small household appliances (e.g., toasters, vacuum cleaners, televisions). Additionally, it encompasses seasonal items such as Christmas trees, wreaths, and ornamental plants, as well as limited quantities of construction and demolition debris resulting from minor projects.

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING INSTRUCTIONS

A. TMD seeks and Contractor will provide the commodities and services described in Section C, Statement of Work on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the duration requested and authorized by TMD as provided under the Contract. Bidder must price the response on this basis.

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

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

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

E. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Texas Government Code §2155.067. If a Bidder 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 Bidder to furnish specified brand names, model numbers, etc.

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

H. Optional Features, Products or Services - Bidder is encouraged to submit and describe in detail, within its response, optional features, products, or services that would benefit TMD, but are not part of the minimum requirements of this solicitation. In its response, Bidder must describe with specificity any proposed optional features, products, or services. For pricing associated with optional items that exceed the minimum requirements, Bidder must include the line-item cost associated with each proposed optional feature, product, or service in the “Optional, Features, Products, or Services” pricing portion of the Mandatory Pricing Schedule.

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B.2 INVOICE REQUIREMENTS

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

A. Contractor’s invoice must include the following:

1) The Contract number or Purchase Order number;

2) remittance address; and

3) any prompt payment discount offered.

B. Contractor must send an email with the invoice to Payables@military.texas.gov, and copy the Contract

Monitor, Eric Morley (eric.r.morley.nfg@army.mil) and the Contract Administrator, Susannah Jones (Susannah.Jones@military.texas.gov.

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.3).

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

Texas Military Department (TMD) Attn: Accounts Payable Department Email: ap_vendor@military.texas.gov

Reference: Contractor Set-up for Solicitation TMD27-FMO-0044621

Bidder must include Susannah Jones in all email communication at: Procurement@military.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.

mailto:Payables@military.texas.gov mailto:eric.r.morley.nfg@army.mil mailto:ap_vendor@military.texas.gov

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B.4 BILLING AND PAYMENTS

A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.3 above. TMD will notify Contractor if invoice is deemed to be inaccurate within 21 days of receipt.

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

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

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

B.5 PAYMENT ADJUSTMENT

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

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

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

B.6 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.7 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.8 WITHHOLDING OF PAYMENT

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

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

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

3) Failure to respond to audit reports; and

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

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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.9 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.10 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.11 MANDATORY PRICING SCHEDULE

Contract Term Pricing

The Respondent must submit bid prices within the Pricing Table located in Attachment G.4, replicating, as necessary, in its exact format.

Bid prices must be submitted on the Mandatory Pricing Schedule, Attachment G.4. 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.

Mandatory Pricing Schedule Requirements

A. Vendors must submit a complete pricing schedule that includes rates for all available trash bin sizes offered.

B. Pricing must be provided per location, and vendors must clearly identify all locations for which they are submitting pricing.

C. The Mandatory Pricing Schedule does not include service locations. Vendors are responsible for reviewing Attachment G.5, which lists current TMD service locations.

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D. Vendors must indicate in their response all locations where they are able to provide service.

E. Note that service locations are subject to change. The Agency may add or remove locations during the term of the contract.

F. Service rates must be provided for each bin size at the following service frequencies: twice per week, weekly, biweekly, monthly, or any other intervals the vendor is able to provide.

G. Vendors must also include pricing for on-call or as-needed services.

Intentionally left blank

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SECTION C – STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Military Department (TMD) is soliciting competitive bids to establish multiple contracts for trash and waste removal services at various locations across the state of Texas.

C.2 STATEMENT OF WORK

The Texas Military Department (TMD) is seeking qualified vendors to provide trash and waste removal services at multiple locations across the state of Texas. The selected contractors will be responsible for furnishing all necessary equipment and containers, as well as performing the collection, transportation, and processing of trash, refuse, and waste.

A complete list of service locations is provided in Attachment G.5.

TMD makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract. TMD does not guarantee any specific volume of work, compensation, or a minimum/maximum number of services under this solicitation or resulting Contract.

Service levels, frequency, and the number of locations may vary according to agency needs and may be adjusted at TMD’s discretion throughout the contract term.

For the purposes of the Contract, "trash and waste removal" refers to the routine collection of put rescible and non-putrescible building and kitchen waste. This includes, but is not limited to, food scraps, packaging, domestic waste materials (e.g., boxes, cartons, wrapping materials, plastics, fixtures, paper goods), and small household appliances (e.g., toasters, vacuum cleaners, televisions). Seasonal items such as Christmas trees, wreaths, and ornamental plants are included, as well as limited quantities of construction and demolition debris from minor projects. All waste must be properly contained within the provided containers to be eligible for collection.

For the purposes of this solicitation, the terms trash, waste, refuse, rubbish, garbage, and solid waste shall be considered synonymous, unless otherwise explicitly defined.

C.3 TERM

The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date. The Contract has three (3) one-year optional renewal periods available, which TMD solely reserves the right to exercise one optional renewal period at a time.

TMD will provide the Contractor with written notice of its intent to renew no less than 30 calendar days prior to the expiration of the current contract term. Failure to provide such notice shall not automatically terminate the agreement but may affect the renewal timeline or terms.

If necessary, and upon mutual agreement between the Contractor and the Texas Military Department (TMD), the contract may also extend contract for an additional six (6) months following the conclusion of the final optional renewal period to allow for a transition of services to a new contractor or to ensure continuity of operations.

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C.4 PRICING AND PRICE ADJUSTMENTS

A. Basis for Adjustment:

Rates established under this contract may be adjusted at the time of contract renewal based on changes in the Producer Price Index (PPI) for Waste Collection Services (U.S. Bureau of Labor Statistics, Series ID

PCU56215621).

Official data is published monthly and may be accessed at the Federal Reserve Bank of St. Louis (FRED) database: https://fred.stlouisfed.org/series/PCU56215621.

B. Firm Pricing Requirement:

Successful Contractor(s) must hold all proposed pricing firm for the duration of the initial contract period.

No price increases will be permitted during this period.

C. Price Adjustment at Renewal:

Price adjustments may only be considered at the time of contract renewal and must be requested in writing no less than 90 days prior to the renewal date. Any request for a price increase must be accompanied by sufficient documentation (e.g., manufacturer price lists, Consumer Price Index data, or other relevant cost justification) to support the proposed adjustment. TMD reserves the right to accept, negotiate, or reject any proposed price adjustment. If a price increase is not agreed upon by both parties, the contract may be allowed to expire at the end of the current term without penalty to either party.

D. Adjustment Methodology:

The adjustment shall be calculated according to the following formula:

New Rate = Current Rate × (Most Recent PPI ÷ Base PPI).

Most Recent PPI: the PPI published for the month immediately preceding the requested increase.

Base PPI: the PPI for the month of the original contract award.

E. Annual Cap:

In no event shall the annual price adjustment exceed ±4%.

F. Example Calculation:

Current Rate: $1,000.00 / month Base PPI (award month): 180.0 Most Recent PPI (month prior to renewal): 185.4 Adjustment: $1,000 × (185.4 ÷ 180.0) = $1,030.00 New Rate = $1,030.00 / month

C.5 SOLID WASTE REMOVAL

Contractor shall:

A. Furnish new waste containers or TMD approved previously used containers. Containers must function properly, are neat in appearance and do not leak excessively.

B. Contractor shall place the containers in locations agreed upon by the TMD Contract Monitor and

Contractor.

C. Adhere to an agreed upon pickup schedule. If Contractor is unable to pick-up a specific dumpster, due to circumstances beyond their control, Contractor will provide photographic, time stamped, evidence of any vehicle, object, or debris preventing access to the dumpster. Upon review, TMD will remove the obstruction, and may request a service call to have the dumpster emptied.

D. Location site of containers shall be kept clean, neat, and free from debris.

E. Collect, transport, and dispose of all non-hazardous solid waste materials. All waste collected and removed by Contractor shall be disposed of at an authorized, licensed disposal site.

F. TMD reserves the right to request and obtain all relevant information necessary to evaluate, review, and approve any proposed disposal site to be used for trash services under this contract. The Contractor shall https://fred.stlouisfed.org/series/PCU56215621

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G. Return containers to their original location after servicing.

H. Contractor shall repair or replace containers that becomes broken or damaged through normal wear and tear at no cost to TMD.

I. For as-needed services, the TMD Contract Monitor shall request the Contractor’s services via email or phone call.

J. Upon request from the TMD Contract Monitor, the Contractor shall relocate to a different location on the facility’s campus the waste containers requested in this solicitation, at no additional cost to the agency.

K. During the Contract term, TMD reserves the right to add or remove waste containers.

L. During the Contract term, TMD reserves the right to increase or reduce service frequency.

M. Within five (5) business days of contract award, the Contractor shall deliver the waste containers to the facility locations provided by TMD, at no cost to the agency.

N. Within five (5) business days of contract expiration or termination, the Contractor shall remove the waste containers from the facility locations provided by TMD, at no cost to the agency O. Wash-out and clean the waste containers as needed and at the request of the agency.

P. Replace waste removal containers damaged by the Contractor at no cost to the agency. The Contractor shall replace waste removal containers damaged by the agency for a one-time charge equal to or less than the price of a one-month rental for the container.

C.6 SERVICE LOCATIONS

TMD at its sole discretion, with a 30 days advance notice, reserves the right to change, consolidate, remove or add service locations.

Changes to service locations include but are not limited to new office space within facility, office closure, consolidation of multiple offices increasing or decreasing square footage, expansion of an office into multiple offices, and relocation of office.

C.7 PERFORMANCE SCHEDULE

Contractor shall perform contracted services, including any minor adjustment call-back services, during normal business hours.

Contractor shall not interfere with normal flow of Agency business at the service location.

The Contractor shall provide substitutes for any of its employees or Subcontractor’s employees providing services at the TMD facility who may be absent for any reason. The Contractor shall provide relief personnel as necessary and/or work overtime at no cost to TMD, to ensure that the requirements of the Contract are performed and accomplished as required.

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C.8 SERVICES OUTSIDE REGULAR BUSINESS HOURS

A. Any services performed outside of designated times must be requested and/or approved in writing by the Contract Monitor and must be invoiced at the rate stated.

B. Services performed outside of the regular service hours without prior written approval, will be at

Contractor’s own risk and will be billed at the established Regular Business Hours service rate.

C. After receiving a call for service, Contractor must have service on-site within the specified time requirements for the following types of service calls:

1. SERVICE CALLS: Response time to service calls during regular business hours will be within 36 hour of notification.

2. EMERGENCY SERVICE CALLS: Response time to emergency calls will be within 12 hours of notification. TMD will identify emergency calls at time of notification.

Emergencies: The TMD reserves the right to declare any necessary work within the Scope of Services to be an emergency and will request emergency services in writing.

C.9 STATE HOLIDAYS

The state holidays observed are maintained by the State Auditor’s Office and may be accessed at:

https://hr.sao.texas.gov/Holidays.

TMD does not require services to be performed on the “All agencies closed” holidays and any exception will be provided in writing to the Contractor. TMD requires services to be performed for “Optional Holidays” or “Skeleton Crew Required” holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by TMD at NO additional expense to the TMD.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate for Outside Regular Hours.

C.10 TRAINING

All Contractor employees, and Subcontractor’s employees, if applicable, assigned to perform the services must be trained and experienced in the type of work to be performed.

The Contractor shall provide adequate training to all personnel assigned to perform the services on the roles, responsibilities, and technical aspects of the work.

The Contractor shall only provide and allow trained and qualified personnel to perform the required services under the Contract.

The Contractor is required to provide current copies of the completed training(s) and of the license or accreditation certificate related to the training upon request by the Contract Monitor. This requirement also applies to Subcontractor(s) and Subcontractor’s personnel who may be used in the performance of services.

https://hr.sao.texas.gov/Holidays

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C.11 REPORTING REQUIREMENTS

The Contractor is required to meet with TMD biannually and provide a Contract Status and Usage Report. This report will cover all locations serviced. At a minimum, the report must include the following information for location:

A. Bin sizes B. Location C. Usage Rates D. Current Purchase order number

The report should be formatted as a spreadsheet compatible with Microsoft Excel and should preferably be accessible online on a monthly basis. Additionally, the Contractor must provide an electronic copy of the report. TMD will review this information and compare it with the agency's records to identify any potential inconsistencies that need to be resolved. Furthermore, TMD may request additional meetings with the Contractor regarding this agreement. The Contractor agrees to make a good faith effort to schedule these extra meetings in a timely manner.

C.12 BACKGROUND CHECK FOR PERSONNEL

The Contractor may need to conduct comprehensive, statewide Texas Department of Public Safety (DPS) criminal and sex offender background checks on all Contractor personnel (e.g., permanent and temporary personnel and/or Subcontractor and Subcontractor personnel) who will be assigned to perform the services under the Contract.

The Contractor shall be responsible for all background check expenses.

The background checks must be conducted prior to any Contractor or Subcontractor personnel arriving on state property and beginning the required Contract services.

Supporting documentation confirming the completion of the background checks is subject to review upon request by the TMD. Failure to produce the requested documentation, as with any violation of the Contract, constitutes grounds for termination of the Contract with cause.

The background checks shall include, but not be limited to, Social Security Number Verification.

Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the key personnel for the last seven years.

Personnel with sex offender, child or adult abuse, or fraud convictions shall not be allowed to provide Contract services and shall not be allowed access to Agency property, facilities, or documents in connection with the Contract.

C.13 CONTRACTOR TELEPHONE SERVICE

The awarded Contractor shall have an active telephone service answered during normal business hours.

Normal business hours are between 7:00 a.m. and 4:00 p.m. Central Time, Monday through Friday, unless otherwise stated in the IFB.

C.14 CONTRACTOR PERSONNEL CONDUCT

All personnel employed by the Contractor to fulfill the requirements and Terms and Conditions of the Contract remain under the Contractor’s sole direction and control.

The aforementioned applies to the Contractor, Contractor employees, and, if applicable, the Contractor’s Subcontractor and Subcontractor’s employees.

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C.15 PERFORMANCE COMPLIANCE

While performing the services, all Contractor personnel must comply with all applicable state rules, regulations, and TMD requests regarding personal and professional conduct applicable to the services being provided as well as the service locations.

All personnel must always conduct themselves in a businesslike and professional manner.

If the TMD determines that an employee of the Contractor is not conducting himself or herself in accordance with the conduct standards under the Contract, TMD may provide written notice to the Contractor. Upon receipt of such notice, Contractor must promptly investigate the matter and take appropriate action that may include:

A. Removing the employee from the project;

B. Providing the TMD with written notice of such removal; and C. Providing the TMD with the information for the replacement employee, who must be qualified and trained, within the timeline designated by TMD.

C.16 CONTRACTOR SUPERVISORS(S) AND PERFORMANCE MONITORING

The Contractor shall provide the name and contact information of a competent supervisor to monitor contract compliance within 10 business days from the date of notice of award.

A supervisor may be designated as a roving supervisor responsible for monitoring more than one location, provided this arrangement is approved in advance by the TMD Contract Monitor.

All supervisors must be able to communicate effectively in English, both verbally and in writing. The supervisor shall be thoroughly knowledgeable of the Statement of Work (SOW) and all requirements outlined in the Contract.

The Contractor and the assigned supervisor(s) shall continuously monitor and maintain awareness—through personal inspection—of the quality and completeness of the work being performed. The Contractor and/or supervisor may be requested and required to inspect the TMD facility alongside the TMD Contract Monitor or designee.

C.17 PERSONNEL REMOVAL AND REPLACEMENT

A. Personnel Removal TMD may request removal for cause of any Contractor employee assigned to the Contract, including but not limited to:

1. poor or unacceptable work performance,

2. theft,

3. abusive language or behavior, or

4. improper attire, in accordance with the terms and conditions of the Contract. Occurrences of this type may be cause for termination of the Contract.

B. Personnel Replacement

Replacement of Contractor personnel will be subject to TMD review and approval. At the request of TMD, the Contractor must replace any Contractor personnel who are not adequately performing the required services or who are unable to work effectively with the TMD Contract Monitor or other agency staff. The Contractor shall provide replacement personnel who have the required qualifications and training as outlined in this IFB and resulting Contract.

The Contractor and TMD Contract Monitor will work together in the event of any such required replacement to prevent disruption in the services or performance schedule and will mutually agree upon the timeline for the replacement.

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C.18 INTOXICANTS AND ILLEGAL DRUGS PROHIBITED

The use or possession of any kind of intoxicants or illegal drugs by Contractor employees while on duty at TMD premises is prohibited. At the sole discretion of TMD, non-compliance with this requirement may result in termination of the Contract.

C.19 SMOKING PROHIBITED

All TMD facilities are nonsmoking buildings. Contractors employees are prohibited from smoking in non-designated areas.

C.20 CONTTRACOR UNIFORMS AND IDENTIFICATION

All Contractor employees are required to wear company uniforms and identifying badges while providing services in or delivering to TMD premises.

Uniforms may be company shirts or T-shirts, smocks, and pants or shorts.

The Contractor shall contact the TMD Contract Monitor to request approval for the use of other apparel.

The Contractor’s uniform apparel must be of one standard color or design.

The Contractor’s on-site managers or supervisors may wear a distinguishing style of uniform but should strive to maintain a company “standard color” to aid in identification.

All Contractor personnel must prominently display their company identification badges or the company name and employee’s name (first and/or last) must be on their shirt, T-shirt or smock.

C.21 TMD PERSONNEL

C.21.1. TMD’s Contract Administrator

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

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

C. The email address is Procurement@military.texas.gov and cc: Susannah.Jones@military.texas.gov.

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

If TMD and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.21.2 TMD’s Contract Monitor

A. The Contract Monitor for the Contract is Eric Morley.

B. The telephone number for the Contract Monitor is 512-782-6838.

C. The email address is eric.r.morley.nfg@army.mil.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of TMD or the State of Texas.

mailto:Procurement@military.texas.gov mailto:eric.r.morley.nfg@army.mil

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The Contract Monitor does not have the authority to alter Contractor’s obligations or to amend the Contract in any way.

C.22 VETERAN HEROES UNITED IN BUSINESS

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

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

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

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

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

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

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

B. Bidders may use the self-performing method to demonstrate a good faith effort for any subcontracting opportunity by indicating that it intends to fulfill the entire contract, including each subcontracting opportunity, with its own equipment, supplies, materials, and employees. Bidder must complete the applicable sections within the Subcontracting Plan (SP) and submit as part of its response.

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

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

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

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

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

The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the VetHUB Office no later than ten business days after the effective date of the Contract.

G. Contractor must make a good faith effort to comply with all state VetHUB requirements under Texas

Government Code §2161 and the administrative rules, as applicable. Contractor must also comply with its approved SP.

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C.23 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Bidder 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.

Bidder should also describe other insurance coverage maintained by Bidder in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five (5) business days of Notice of Award or Purchase Order, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state

Contractor’s employee resides in Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

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

Commercial General Liability (occurrence based)

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

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 Professional Liability Including errors and omissions

$1,000,000 Per Occurrence $2,000,000 Annual Aggregate

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.

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 Bidder 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.

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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.24 BONDS REQUIRED UNDER THE CONTRACT

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

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

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

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

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

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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

Other Within five (5) business Days of Contract award

Insurance Requirements Insurance, Section C.23

Contract Administrator at Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov

Other Within 10 business

Days of Contract award

Supervisor Contact Information IFB, Section C.16

Contract Monitor at Procurement@military.texas.gov cc: eric.r.morley.nfg@army.mil and Susannah.Jones@military.texas.gov

Monthly Fifth business day to Contract Administrator

VetHUB Subcontracting Plan (HSP)

Prime Contractor Progress Assessment Report

IFB, Attachment G.5

HUB@military.texas.gov with a copy to Contract Administrator at

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

Monthly Due Date Invoices IFB, Section B.3

Payables@military.texas.gov with a copy to Contract Monitor at Procurement@military.texas.gov cc: eric.r.morley.nfg@army.mil and Susannah.Jones@military.texas.gov

Biannually Twice a Year Contract Status and Usage Reports IFB, Section C.11

Contract Administrator at Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov

As Requested Fifth business day after TMD request

Contract Status and Usage Reports IFB, Section C.11

Contract Administrator at Procurement@military.texas.gov cc: Susannah.Jones@military.texas.gov mailto:Procurement@military.texas.gov mailto:eric.r.morley.nfg@army.mil mailto:Susannah.Jones@military.texas.gov mailto:HUB@military.texas.gov mailto:Procurement@military.texas.gov mailto:Susannah.Jones@military.texas.gov mailto:Payables@military.texas.gov mailto:Procurement@military.texas.gov mailto:eric.r.morley.nfg@army.mil mailto:Susannah.Jones@military.texas.gov mailto:Procurement@military.texas.gov mailto:Susannah.Jones@military.texas.gov

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SECTION…