RFP: 554-27-002

TEXAS ANIMAL HEALTH COMMISSION

REQUEST FOR PROPOSALS (RFP)

for

LABORATORY TESTING SERVICES FOR FIELD PERSONNEL

NIGP CLASS/CODE: 948-55

RFP No.: 554-27-002

PROCUREMENT SCHEDULE

EVENT DATE*

Publication of Request for Proposal (RFP) on the Electronic State Business Daily at https://www.txsmartbuy.gov/esbd

Thursday, October 22, 2026

RFP Questions Due Thursday, November 12, 2026 (3:00 PM CST)

Agency Responses to Vendor Questions, or Clarifications Wednesday, November 18, 2026

Response Deadline Thursday, December 10, 2026 (2:00 P.M. CST)

Award Date January 2027

Services Commencement Date March 1, 2027

*Please note that the dates listed on this procurement schedule are tentative and subject to change.

http://www.txsmartbuy.com/esbd http://www.txsmartbuy.com/esbd http://www.txsmartbuy.gov/esbd

WITHOUT EXCEPTION - PROPOSAL MUST BE TIME AND DATE STAMPED BY THE

TAHC PURCHASING PERSONNEL BEFORE:

DECEMBER 10, 2026 - 2:00 PM, CENTRAL TIME

Pursuant to the Provisions of the Texas Government Code, Title 10, Subchapter D., Chapter 2156.121 – 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of the Respondents may be made to the public. Contract dollar amount and other proposal details may only be divulged after award of a contract, if a contract is awarded, and must be formally requested through the proper request for information channels.

Proposals and other information submitted shall become the property of the State of Texas upon receipt.

All proposals must be delivered to the Texas Animal Health Commission as required by the instructions within this RFP.

All addenda to and interpretation of this solicitation shall be in writing. The State will not be legally bound by an addenda or interpretation that is not in writing.

(Respondent must fully complete)

DISCOUNT FOR PROMPT

PAYMENT:

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:

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. TAHC 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 Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING 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 upon completion of work but no later than February 29, 2028 unless stated otherwise.

TAHC will not allow changes after the Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. The continuation of this Contract for any period is subject to the availability of TAHC’s funding source for the Contract.

TABLE OF CONTENTS

SECTION A - SUMMARY

SECTION B - DEFINITIONS

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS AND STATEMENT OF WORK

C.3 SOLICITATION METHOD AND INTENT

C.4 DATE FOR COMMENCEMENT OF WORK

C.5 CONTRACT TERM

C.5.1 Initial Contract Term C.5.2 Optional Renewal Terms C.5.3 Contract Extensions C.5.4 Termination C.5.5 Purchase Order Change Notice (POCN)

C.6 PAST PROJECTS AND CORRESPONDING REFERENCES

C.7 INSURANCE REQUIRED UNDER THIS CONTRACT

C.8 BONDS REQUIRED UNDER THIS CONTRACT

SECTION D - SERVICES AND PRICES

D.1 PRICING REQUIREMENTS

D.1.1 Pricing Instructions D.1.2 Financial Resources and Ability to Perform

D.2 INVOICE REQUIREMENTS

D.3 PAYMENTS

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

D.4 MANDATORY PRICING SCHEDULE

SECTION E - CONTRACT COMPLIANCE REPORTS AND DATA

SECTION F - INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

F.1 RESPONSE PREPARATION INSTRUCTIONS

F.2 AMENDMENTS TO THE SOLICITATION

F.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

F.4 SIGNATURES ON RESPONSE SUBMITTED

F.5 RESPONSE ACCEPTANCE PERIOD

F.6 CONTRACT AWARD

F.7 TAHC’S RIGHTS

F.8 RESPONSE SUBMISSION INSTRUCTIONS

F.8.1 Part One – Contract Forms and Required Response Information F.8.2 Part Two – Information Section

F.8.3 Part Three – Cost and Pricing Response

F.9 DISCUSSION AND CORRESPONDENCE

SECTION G - EVALUATION CRITERIA

SECTION H - LIST OF ATTACHMENTS

A Terms and Conditions B Statement of Work C Mandatory Pricing Schedule D Past Projects and Corresponding References E Information and Certifications Form

SECTION A - SUMMARY

A. 1. Type of Solicitation: Sealed Competitive Request for Proposals (RFP)

A. 2. Proposal Delivery Location: Texas Animal Health Commission Purchasing Department Attn: RFP No. 554-27-002 2105 Kramer Lane Austin, Texas 78758

A.3. Agency Contacts: Bryan Krugman, Purchaser

Phone: (512)-719-0743 Email: solicitations@tahc.texas.gov

A.4. Additional Requirements/Qualifications: N/A

A.5. Deadline for Proposals: Must be received by the TAHC no later than:

December 10, 2026; 2:00 p.m. Central Time (CT)

A.6. Initial Contract Term: March 1, 2027 – February 29, 2028

A.7. Optional Contract Renewal: Optional Renewal: March 1, 2028 through February 28, 2029

A.8. Proposals Submitted by Email or Fax: Not Accepted

A.9. Pre-Proposal Conference: N/A

A.10. Site Visit: N/A

A. 11. RFP Addenda: Notices of changes to items directly impacting the original RFP or solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.gov/. TAHC will post any amendment to this solicitation on the ESBD as an RFP Addendum. It is the responsibility of an interested party to check the ESBD for updates to this RFP before submitting a Proposal. Each Respondent is solely responsible for verifying TAHC’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this RFP.

A.12. Questions and Answers: Questions regarding this RFP must be in writing and must be submitted to the TAHC Contact Persons specified in Part 3, no later than November 12, 2026; 3:00 p.m. CT. Telephone inquiries will not be accepted.

Questions may be submitted by email to the email address specified on the cover sheet of this RFP. TAHC intends to post answers to the questions received on the ESBD on November 18, 2026, or as soon thereafter as practical.

A.13. Respondent Presentations: N/A mailto:solicitations@tahc.texas.gov http://www.txsmartbuy.gov/

A.14. Evaluation of Proposals under Best Value Standard (Section 2155.074 and 2155.075 of the Texas Government Code):

Criteria Weight Respondent’s Past Performance, Qualifications & Experience 30% Compliance with TAHC’s Statement of Work/Specifications 30% Cost 40% Total: 100%

As applicable, the factors listed in Sections 2155.074, 2155.075, 2156.007, 2157., and 2157.125, of the Texas Government Code shall also be considered in making an award as further explained in Section G of this RFP.

A.15. Proposal Delivery: Respondent is encouraged to allow additional time to mail proposals via U.S. Postal service or overnight express delivery. Respondent is solely responsible for ensuring timely delivery of its Proposal to the TAHC by the deadline. Proposals that are not submitted in sealed and properly labeled containers (i.e., envelope or box) or that arrive after the deadline for this RFP will not be accepted by TAHC and the delivery person will not be allowed to deliver the submission to the Purchasing Department.

A.16. Contact with TAHC Staff: The TAHC prohibits communication initiated by the Respondent to any agency official, representative from another entity or employee evaluating or considering the proposals, prior to the time a decision has been made. Upon issuance of this RFP, employees and representatives of the TAHC, other than the TAHC Contact Persons identified in Part 3, will not discuss the contents of this RFP with any Respondent or its representatives.

Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Proposal. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

SECTION B - DEFINITIONS

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

Addendum. A written addition, change, or supplement to a solicitation issued prior to the opening date.

Authorized Representative or Agent. An agent who is legally authorized to bind the Respondent by signing all the documents included in this proposal and any contract documents resulting from this RFP.

Award. The act of accepting an offer, thereby forming a contract between the State and a vendor.

Baseline Testing. A test that measures current Cholinesterase. parameters for new TAHC employees during their first week of employment.

Business Day. Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

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

Contract. A formal, written, and legally enforceable agreement between the TAHC and Contractor.

Contractor. The individual, business or other entity awarded this Contract. In the context of submitting a response, “Contractor” also means “Vendor.”

Date of Award. The date this Contract is fully executed.

Days. Calendar days unless otherwise specified.

Equivalent Product. A product that is comparable in performance and quality to the specified product.

Fiscal Year. The one-year period beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

Parties. This means the Contractor and the TAHC.

Proposal. An offer to contract with the State submitted in response to an RFP.

Phlebotomy Services. The act of drawing or removing blood from the circulatory system through needle puncture in order to obtain a sample for analysis and diagnosis.

Protected Health Information (PHI). Any information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a health care service, such as a diagnosis or treatment.

Red Blood Count (RBC). A blood test that tells you how many red blood cells you have.

Respondent. An individual or entity that submits an offer or proposal. The term includes anyone acting on behalf of the individual or entity that submits a proposal, such as an agent, employee, and representative.

Routine Surveillance Testing. Continued monitoring to identify an increased risk of exposure due to specific environmental elements. The Cholinesterase testing is performed every 30 days for the duration of employment.

Subcontractor. Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the contract between TAHC and Contractor.

TAHC. Texas Animal Health Commission acting on behalf of the State of Texas.

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

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Texas Animal Health Commission (TAHC) is soliciting for a laboratory testing facility to provide phlebotomy services and related support. Respondents must submit proposals for all services listed in this solicitation. No partial proposals will be accepted. The TAHC will contract for laboratory testing services in a cost effective and seamless manner by working closely with a Contractor to meet the laboratory service needs to support TAHC’s field personnel.

C.2 SPECIFICATIONS AND STATEMENT OF WORK

All plans, requirements, and pictures can be found in Attachment B – Statement of Work.

C.3 SOLICITATION METHOD AND INTENT

This RFP solicitation method allows qualified Respondents to submit a written proposal addressing pricing, qualifications and experience, design, delivery time frame, and other best value factors that will be employed to ensure successful accomplishment of the requirements set forth herein.

Respondents may choose to submit multiple proposals with different designs. In such case, Respondent shall submit a separate and complete proposal package for each different design. Each proposal will be evaluated on its own merits.

TAHC will evaluate responses based on the criteria and weights identified in this RFP, and intends to award a contract to the responsive, responsible Respondent with the highest score.

C.4 DATE FOR COMMENCEMENT OF WORK

The successful Respondent will commence services on March 1, 2027

C.5 CONTRACT TERM

C.5.1 Initial Contract Term The Contract shall commence March 1, 2027, and automatically expire on February 29, 2028, unless the TAHC exercises the renewal option.

C.5.2 Optional Renewal Terms The TAHC may, in its sole discretion, exercise the option to extend the Contract for up to one (1) additional, one

(1) year period. The optional additional period is March 1, 2028, through February 28, 2029. To exercise the option to extend the term, the TAHC will notify Contractor by PO issuance. The TAHC will provide thirty (30) days written notice of its intent to not renew.

C.5.3 Contract Extensions At TAHC’s sole discretion, the Contract may be extended for a maximum of six (6) months. Any extensions shall be at the same terms and conditions, plus any changes approved by the TAHC in writing.

C.5.4 Termination The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

C.5.5 Purchase Order Change Notice (POCN) The contract may be amended through the issuance of a POCN. The change is considered effective when a signed POCN has been issued by the TAHC purchaser. The state shall not be legally bound by any change that is not in writing.

C.6 PAST PROJECTS AND CORRESPONDING REFERENCES

Respondent must submit Attachment D Past Projects and Corresponding References, in its Proposal. Respondent must identify a minimum of three past or current projects of similar size and complexity performed within the past five years.

Respondent must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

C.7 INSURANCE REQUIRED UNDER THIS 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 Contractor 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.

The TAHC and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five business days of Notice of Award, to provide the TAHC with current certificates of insurance or other proof acceptable to the TAHC. Failure to submit acceptable proof of insurance within such time period may result in the TAHC’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

$1,000,000 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 the TAHC. 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 Animal Health Commission of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. provide all required written documentation to the TAHC Purchasing Department;

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 this Contract;

C. ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to the TAHC. The certificates of insurance must be addressed to the Texas Animal Health Commission of the State of Texas as the certificate holder.

D. deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

E. 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.

F. 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 this Contract.

C.8 BONDS REQUIRED UNDER THIS CONTRACT

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

A. For a contract in excess of $100,000.00 a performance bond may 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 may be executed in the amount of the contract, solely for the protection of all claimants supplying labor and material.

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

If a bond is required, Contractor will be notified by mail or email. The bond must be received by Contractor 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.

SECTION D - SERVICES AND PRICES

D.1 PRICING REQUIREMENTS

D.1.1 Pricing Instructions A. The TAHC seeks and Contractor will provide the services described in Section C, Specifications, on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the Services requested and authorized by the Respondent as provided under this Contract. Respondent must price the response on this basis.

B. Contractor must deliver and provide the Services in compliance with all requirements of this Contract with such payment to be processed by the TAHC after the TAHC’s receipt, testing and/or acceptance of the Services.

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

D. The TAHC reserves the right to make an award on the basis of best value that will serve the best interest of TAHC and to reject any and all proposals deemed nonresponsive at the sole discretion of the TAHC.

The TAHC 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 the TAHC.

E. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered unless advertised under Tex.

Gov’t Code § 2155.067. If a Respondent believes it can satisfy these specifications, it should propose its goods or services and explain how the specifications will be adequately met.

F. If proposing 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 proposal.

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 proposed must be new and unused and of current production.

H. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

I. Consistent and continued tie bidding may cause rejection of proposals by the TAHC and investigation for anti-trust violations.

D.1.2 Financial Resources and Ability to Perform The TAHC reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if the TAHC reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by the TAHC, that significant issues exist that could jeopardize Respondent’s full and timely performance. The TAHC also reserves this same right throughout the life of the Contract, including before executing any optional renewal amendment with Contractor.

D.2 INVOICE REQUIREMENTS

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

A. Contractor’s invoice must include the following:

1. this Contract number;

2. remittance address; and

3. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to financial_services@tahc.texas.gov

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

TAHC Accounts Payable 2105 Kramer Lane, Austin, TX 78758

Or

TAHC Accounts Payable P.O. Box 12966

Austin, Texas 78711-2966

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 email addresses identified in this section.

mailto:financial_services@tahc.texas.gov

D.3 PAYMENTS

A. The TAHC 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. TAHC will provide Direct Deposit Forms as requested.

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

TAHC —Accounts Payable

P.O. Box 12966 Austin, Texas 78711-2966

Reference: Solicitation 554-27-002

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Application for Payee Identification Number Form to the TAHC for a different contract, another form is not required to be submitted.

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

B. Tex. Gov’t Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

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

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

D.3.2 Payment Adjustment A. The TAHC 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 this 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 the TAHC 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 the TAHC mutually agree on an alternative payment method.

D.3.3 Late Payment Any amount owed to Contractor more than one 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 Tex. Gov’t Code § 2251.025, provided; however, that this provision will not excuse failure by the TAHC to make payment in strict accordance with this Contract.

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

D.3.5 Withholding of Payment A. The TAHC 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 respond to audit reports; and

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

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

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

D. In the event that money is due to the TAHC for Contractor’s failure to provide adequate maintenance or replacement of the property as required in this Contract, the amount required for the TAHC 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 the TAHC will not exceed 120 days from date of this Contract’s termination.

D.3.6 Debts and Delinquencies The TAHC 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, the TAHC will apply any payments or other amounts Contractor is otherwise owed under this 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.

D.3.7 Right to Offset In the event the TAHC determines that Contractor owes money to the TAHC under any contract or purchase order, the TAHC, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to this Contract or with respect to any other contract or purchase order with the TAHC and apply such monies to the money due to the TAHC.

D.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing The Respondent must submit its bid price within the Pricing Table located below, replicating, as necessary, in its exact format.

The price for this RFP must be submitted on the Mandatory Pricing Schedule (Attachment C). 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 the response, the quotation must be referenced in the response and signed by Respondent to establish formal linkage to the Proposal.

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

SECTION E - CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TAHC

PERSONNEL TO

RECEIVE

REPORT

Other Prior to Execution of Contract and upon renewal or replacement

Insurance and Bond

Requirements

RFP, Section C.8 and C.9

Purchasing Department

Monthly Fifth business day to Finance

Department

Invoicing – Specific to the

Contract

RFP, Section D.2 TAHC Accounts Payable financial_services @tahc.texas.gov

Quarterly Reports Within 30 days of the close of each quarter

Attachment B Human Resources Department

SECTION F - INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

F.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 or printed using a sans serif 12-point font (such as Arial or Calibri) on standard letter paper (8-1/2” x 11”) (except for graphic information being requested). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly or bookmarks (electronic).

B. 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, past orders, and other similar documents for which has not been requested by the TAHC must not be submitted.

F.2 AMENDMENTS TO THE SOLICITATION

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

B. Respondent must acknowledge receipt of all amendment(s) to this solicitation by identifying the amendment number and date in the space provided on page 2 of this RFP.

C. Respondent must submit the acknowledgement to the TAHC by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

F.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

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

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

D. The TAHC is not responsible for submissions delivered to the TAHC 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 the TAHC receives, its complete response timely. The TAHC recommends that Respondent submit their complete response well in advance of the due date and time stated on the first page of this solicitation.

E. The TAHC takes no responsibility for electronic communication that is captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any the TAHC anti-virus or other security software.

F.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one 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.

F.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to the TAHC for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

F.6 CONTRACT AWARD

A. The TAHC may award one Contract resulting from this solicitation to the responsible Respondent, whose response, meeting or exceeding specifications and will be most advantageous to the TAHC, cost or price and other factors, specified elsewhere in this solicitation will be considered as the best value.

B. A written award or acceptance of Response mailed 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.

F.7 TAHC’S RIGHTS

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

B. The TAHC 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 the TAHC 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. The TAHC reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for the TAHC’s compliance, as an agency of the State of Texas, with all state and federal requirements. The TAHC reserves the right to disqualify any response which asserts any copyright on any TAHC-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. The TAHC reserves the right to reject any one response or all responses or portions of responses submitted in response to this solicitation.

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

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

G. The TAHC 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 proposal.

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

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

J. The TAHC reserves the right to award no contract and to solicit additional responses at a later time.

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

F.8 RESPONSE SUBMISSION INSTRUCTIONS

F.8.1 Part One – Contract Forms and Required Response Information This section will contain the following completed contract sections with signatures, where applicable:

A. Solicitation Coversheet, Page 2 (with Addendums (s) noted on this page);

B. Information and Certifications Form, Attachment E;

C. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent. For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s proposal is selected.

E. A redacted solicitation and Contract response, if applicable;

F. Vendor Setup Forms if Respondent has not previously contracted with the TAHC. Vendor must submit completed forms within seven days after award. Forms will be provided by TAHC;

G. 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

F.8.2 Part Two – Information Section

A. Coversheet: List name and address of Respondent, date of proposal, solicitation identifier, and signature of authorized official.

B. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

C. Respondent must complete the enclosed Attachment D - Past Projects and Corresponding

References, in accordance with Section C.6 of this RFP.

D. Organizational, biographical, and Financial Rating, upon request, and solvency information for the Respondent and all third-party / subcontractors proposed to fulfill service requirements.

E. The Respondent must specifically address, within its response, the following requests for information as detailed throughout this solicitation. The TAHC has endeavored to include a complete listing of such submittal requests; however, in the event the TAHC omitted a requirement, Respondent is responsible for ensuring that all such information is included within its response.

1. Attachment C, Mandatory Pricing Schedule

2. C.7, Insurance

3. Attachment D - Past Projects and Corresponding References

4. All required submittals under Section F.8.1, Contract Forms and Required response Information and this section F.8.2, Information Section.

G. Exceptions. Proposals received that take any exceptions to this solicitation may be disqualified and deemed non-responsive to the solicitation and the TAHC may remove the proposal from further consideration.

F.8.3 Part Three – Cost and Pricing Response

Respondent must provide updated pricing schedules in the exact format noted in Section D.4 of this solicitation.

F.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: solicitations@tahc.texas.gov

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through the TAHC’s Purchasing Department.

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 contacting any of the TAHC 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.

G. Unauthorized contact with the TAHC personnel by any Respondent may result in Respondent’s response being rejected in its entirety.

F.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

The TAHC is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The response and other information submitted to the TAHC by the Respondent are subject to release as public information by the TAHC. The response and other submitted information are presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

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. Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the

PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Respondent to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Respondent as proprietary or confidential will be deemed subject to disclosure under the PIA. Respondent will irrevocably be deemed to have waived, and Respondent agrees to fully indemnify the State of Texas and TAHC against any claim of infringement by TAHC regarding the intellectual property rights of Respondent or any third party for any materials appearing in the proposal.

F.11 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or this Contract may be subject to public disclosure under the Public Information Act. Without prior written notice to Respondent, the redacted response may be posted on the TAHC’s website as part of this Contract per Tex. Gov’t Code § 2261.253(a).

mailto:solicitations@tahc.texas.gov

SECTION G - EVALUATION CRITERIA

TAHC will evaluate responses in accordance with the best value standard in s in Tex. Gov’t Codes § 2155.074 and

2155.075. The specific criteria and relative weights are as follows.

Criteria Weight

Respondent’s Past Performance, Qualifications & Experience 30 points

Compliance with TAHC Specifications 30 points

Cost 40 points

Total 100 points

A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Texas Gov’t Codes §2155.074, 2155.075, 2156.007, 2157.003, and 2157.125.

Respondent’s may fail this selection criterion for any of the following conditions:

• A score of less than a C or Legacy Unsatisfactory in the Vendor Performance System;

• Currently under a Corrective Action Plan through the Comptroller of Public Accounts (CPA);

• Having repeated negative Vendor Performance Reports for the same reason;

• Having a record of repeated non-responsiveness to Vendor Performance issues; or

• Having purchase orders that have been cancelled in the previous 12 months for non-performance (late delivery, etc.).

Contractor performance information is located on CPA’s website at:

http://www.txsmartbuy.gov/vpts .

TAHC may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System, TAHC may examine other sources of vendor performance including, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, TAHC may initiate such examinations of vendor performance based upon media reports. Any such investigations will be at the sole discretion of TAHC, and any negative findings, as determined by TAHC, may result in non-award to Respondent.

SECTION H - LIST OF ATTACHMENTS

The following attachments are incorporated by reference to this solicitation and any contract resulting from this solicitation:

A Terms and Conditions B Statement of Work C Mandatory Pricing Schedule D Past Projects and Corresponding References E Information and Certifications Form http://www.txsmartbuy.gov/vpts

D.4 MANDATORY PRICING SCHEDULE

F.9 DISCUSSION AND CORRESPONDENCE