ESBD_File_333391_802-24-38369 IFB Janitorial Annex Rockport.pdf

INVITATION FOR BID – SERVICES

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

Margaret.Scarborough@tpwd.texas.gov, or return to:

TPWD – Coastal Fisheries 4200 Smith School Road

Austin, Texas 78744

BID OPENING 2:00 PM 8/31/2023

REQUISITION NO. 802-24-38369

Page ___1____

Of ___34_____

By signing this bid, bidder certifies that if a Texas Address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68).

FAILURE TO MANUALLY SIGN THE BID ABOVE WILL DISQUALIFY BID.

AWARD NOTICE: The State 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 the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 910-39 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is soliciting bids for professional Janitorial Services at the TPWD Aransas Bay/Annex Coastal Fisheries Field Office located at 824 S Fuqua St, Rockport, TX 78382 per the attached scope of work dated August 2023. See Attachments A for maps of service areas.

1. Weekly janitorial service for offices, approximately 2,200 square feet. One-story building consisting of a copy room, five (5) office spaces, a main lobby, a wet lab, a breakroom, two (2) restrooms, and an one-story Net Shop building with an additional restroom.

24 Months $ $

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES: See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

AUTHORIZED SIGNATURE DATE

SHOW BID OPENING

DATE AND REQUISITION

NUMBER ON SEALED BID

ENVELOPE AND SHOW

RETURN ADDRESS OF FIRM

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

Texas Parks and Wildlife Department Coastal Fisheries Annex/Maintenance Shop 824 S Fuqua Rockport, TX 78382

See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10.

Bidder Must Fill in

TEXAS ID NUMBER

Name of Firm Street Address City–State-Zip Telephone No.

Email address

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

mailto:Margaret.Scarborough@tpwd.texas.gov

IFB No. 802-24-38369 Page 2 of 34

IFB_Services_042023

Solicitation 802-24-38369 Specifications for Rockport Annex Janitorial Services

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids for professional Janitorial

Services at the TPWD Aransas Bay/Annex Coastal Fisheries Field Office located at 824 S Fuqua St, Rockport, TX 78382 per the attached. See Attachments A for maps of service areas.

2) TERM OF CONTRACT: Contract shall commence upon September 1, 2023, or upon award, whichever is later, and continue through August 31, 2025, unless sooner terminated under the terms of this contract.

2.1 Contract Renewals: This contract may be renewed for up to three (3) additional one (1) year periods, provided both parties agree in writing to do so, based on funds availability and vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the Vendor shall be given written notification of the period in which the services shall occur after being determined by the TPWD.

2.2 Contract Extensions: In the event that the contract(s), if any, resulting from the award of this IFB shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

3) MANDATORY PRE-BID SITE INSPECTION: Bidders are required to attend a mandatory pre-bid site visit to inspect the work site to become familiar with the condition and equipment needed to conduct the requested services.

3.1 The mandatory pre-bid site visit will be held on 8/16/2023 through 8/23/2023 by appointment at Aransas Bay/ Annex Coastal Fisheries Office. The TPWD Site Visit Contact is Zane Chesser, 361-729-5429, zane.chesser@tpwd.texas.gov. Note: Attendees should be prepared to tour the site by foot with proper clothing and footwear.

4) INITIAL PROJECT SCOPE OF WORK:

4.1 Service Day/Times: Vendor shall provide janitorial service once a week, on a consistent and agreed upon day of the week, between the hours of 5:30 p.m. to 9:00 p.m. To include state holidays.

4.2 Vendor shall provide experienced janitor to perform the afterhours janitorial services to accomplish the following services:

4.2.1 Main Lobby, Copy Room, and all Offices (5); Service 1 time per week

4.2.1.1 All doors shall be wiped and sanitized inside and out including handles with appropriate cleaner;

4.2.1.2 Clean push plates and kick plates with appropriate cleaner;

4.2.1.3 Tables, filing cabinets, desks, windowsills, pictures on walls, floor molding, tops of doors, and door moldings shall be dusted;

4.2.1.4 Inspect and clean smudges on wall surfaces and light switch covers;

4.2.1.5 Empty/remove all trash liners and replace with clean liners, remove trash to designated area;

4.2.1.6 All hard surface floors shall be swept and mopped with appropriate cleaner and tools;

mailto:zane.chesser@tpwd.texas.gov

IFB No. 802-24-38369 Page 3 of 34

4.2.1.7 Surfaces shall be cleaned with appropriate cleaner and tools needed for their specific needs;

4.2.1.8 Floor mats by doors must be swept and straightened;

4.2.2 Wet Lab; Service 1 time per week

4.2.2.1 Empty/remove all trash liners and replace with clean liners, remove trash to designated area;

4.2.2.2 Wipe lab countertop areas and fixtures with appropriate cleaner;

4.2.2.3 Sweep and mop linoleum floors with appropriate cleaner and tools.

4.2.3 All Restrooms (2) in Main Office Building; Service 1 time per week

4.2.3.1 Empty/remove all trash liners and replace with clean liners, remove trash to designated area;

4.2.3.2 Clean all lavatory fixtures with appropriate cleaner;

4.2.3.3 Clean all sinks, counters, toilet bowls, and urinals with appropriate cleaner;

4.2.3.4 Sweep and mop tile floor with appropriate floor cleaner;

4.2.3.5 All restroom supplies such as toilet paper, paper towels, and hand soap will be restocked in proper dispensers (provided by TPWD).

4.2.4 Break Room; Service 1 time per week

4.2.4.1 Clean sink, counter tops, cabinets, fixtures, and microwave with appropriate cleaner;

4.2.4.2 Inspect and clean smudges on refrigerator;

4.2.4.3 Sweep and mop tile floor with appropriate floor cleaner.

4.2.5 Restroom (1) in Adjacent Net Shop Facility; Service 1 time per month

4.2.5.1 Empty/remove all trash liners and replace with clean liners, remove trash to designated area;

4.2.5.2 Clean all lavatory fixtures with appropriate cleaner;

4.2.5.3 Clean all sinks, counters, toilet bowls, and urinals with appropriate cleaner;

IFB No. 802-24-38369 Page 4 of 34

4.2.5.4 Sweep and mop tile floor with appropriate floor cleaner

4.2.5.5 All restroom supplies such as toilet paper, paper towels, and hand soap will be restocked in proper dispensers (provided by TPWD)

5. SUPPLIES:

5.1 TPWD Responsibilities: TPWD will supply all supplies including air fresheners, paper towels, toilet paper, and liquid hand soap. If products need to be replenished or any additional supplies are needed to complete the cleaning job, the vendor will notify the office in writing or by phone.

5.2 Vendor Responsibilities:

5.2.1 Vendor is responsible for all janitorial supplies and equipment necessary to properly perform the above work. These supplies and equipment consist of mops, dusting cloths, polishes, brooms, brushes, buckets, detergents, scouring powder, disinfectants and commercial grade approved disinfectants.

5.2.2 Vendor shall conduct regular systematic inspection of their work crew and shall be responsible for providing adequate supervision to assure competent and satisfactory performance of the services required under this contract.

5.2.3 Vendor shall notify the Ecosystem Leader or other designated person monthly by phone, letter or email regarding janitorial needs.

5.2.4 Must maintain employees sufficient to meet TPWD needs.

5.2.5 Ensure all janitorial services are provided during the hours specified by TPWD.

5.2.6 Replace, at no additional expense to TPWD, any employee not performing satisfactorily.

5.2.7 Perform all services provided in the contract in accordance with customary and reasonable industry standards.

5.2.8 Provide proof of employee’s clean criminal background check or drug screening of a janitorial worker, within ten (10) days of beginning services.

6. INSPECTION OF SERVICES: All services shall be subject to quality inspections by the TPWD during the term of the contract. All inspections shall be made in such a manner as not to unduly delay the work. Should any services not be performed according to specifications listed within the scope of work of this contract, TPWD will have the right to require the Vendor to perform the services again in conformity with the requirements of the contract, at no additional cost. The vendor will be notified by phone and have one week to provide a resolution.

7. CRIMINAL BACKGROUND CHECKS:

7.1 Vendor represents and warrants that Vendors and Vendor’s employees performing services outlined in this solicitation and subsequent contract, have not been convicted of a felony criminal offense, or

IFB No. 802-24-38369 Page 5 of 34 that, if such a conviction has occurred, Vendor has fully advised TPWD as to the facts and circumstances surrounding the conviction.

7.2 Vendor’s employees and subcontractors that will complete any services described herein will be subject to a criminal background check. A complete criminal background check shall be completed by TPWD before any employee performs services and may be requested at any time thereafter.

7.3 TPWD reserves the right to waive any findings that do not impact the successful completion of the project and/or safety of TPWD staff or that of the public. It is TPWD’s sole discretion to determine potential impact or risk.

8. INSURANCE:

8.1 Vendor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation Statutory Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage - Each Occurrence $1,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

Note: Workers’ Compensation is required by an "employer" which is defined as "a person who employs one or more employees." If respondent has no employees, such insurance is not required. If respondent claims they have no employees, TPWD will require a statement to that fact.

8.2 Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

8.3 Prior to the commencement of the job and not later than ten (10) days following award, the Vendor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect.

8.4 The certificate of insurance shall be sent to: Margaret Scarborough, Texas Parks & Wildlife Department, Coastal Fisheries Division, 4200 Smith School Road, Austin, Texas 78744 or via email:

Margaret.Scarborough@tpwd.texas.gov.

9. INQUIRIES:

9.1 CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Margaret Scarborough, Budget Analyst Phone 512-389-4725 Texas Parks & Wildlife Department

Smith School Road, Austin, Texas 78744 Margaret.Scarborough@tpwd.texas.gov

IFB No. 802-24-38369 Page 6 of 34

9.2 CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed above. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

9.3 PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section (9.2) above.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

10. BID RESPONSE INSTRUCTIONS:

10.1 Bid Submission:

10.1.1 Submission Deadline: All bids shall be received, and time stamped at TPWD prior to 2:00 PM Central Time on the “Bid Opening” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance and will be returned.

10.1.2 General Format: Respondent shall submit bid response, signed dated and completed.

10.1.3 Bid Delivery: Bids may be returned via email to Margaret.Scarborough@tpwd.texas.gov, mail, hand-deliver.

10.1.4 Bids returned by mail or hand delivery should be placed in a sealed envelope and correctly identified with IFB number, submittal deadline/opening date and time. Bids returned by fax should include a fax cover sheet correctly identified with IFB number, submittal deadline/opening date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date.

10.1.5 Respondents are responsible for all costs of bid preparation.

10.2 Bid Content: Below is a summary of required and requested information. Bids submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

10.2.1 Bid Form: Respondent must submit the IFB form, signed, dated and completed. Failure to submit this information will result in disqualification of bid.

10.2.1.1 Exhibit A: Company Profile

10.2.1.2 Exhibit B: Past Projects with Corresponding References

10.2.1.3 Exhibit C: Key Personnel

10.2.2 Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date. No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

11. EVALUATION AND AWARD:

11.1 An award will be made on an all or none basis. Only responses submitted by the bid opening, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

mailto:Margaret.Scarborough@tpwd.texas.gov

IFB No. 802-24-38369 Page 7 of 34

11.2 TPWD reserves the right to consider respondent qualifications, equipment, facility, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports, and records of service.

11.3 Award: TPWD will award a Contract to the respondent whose quote is considered to be the Best Value to

TPWD, price and other factors considered. The following factors may be used to evaluate bids:

11.3.1 Lowest Price

11.3.2 Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

11.3.3 Delivery / Service Schedule

11.3.4 Past Performance

12. INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Para. 9:

12.1 Vendor to submit invoice(s) to: TPWD, Accounts Payable, 4200 Smith School Road, Austin, Texas

78744.

12.2 Invoices must show:

12.2.1 Name of Vendor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

12.2.2 Name of receiving entity

12.2.3 Contract/purchase order number

12.2.4 Description, quantity, unit of measure, unit price, extended price of each item

12.2.5 Total price

12.2.6 Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

12.2.7 Attach supporting documentation, if required

12.3 Payment:

12.3.1 Vendor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then vendor will be paid in accordance with the agreement approved by the parties.

12.3.2 Payment normally will be made to the Vendor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Vendor may charge a late payment fee established by law.

12.3.3 Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

12.2.4 Electronic payment may be available through some ordering entities. Contact Accounts Payable at

512-389-4833 for additional information.

13. BIDDER AFFIRMATION

13.1 Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant connection with the submitted bid.

13.2 Pursuant to Texas Government code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

IFB No. 802-24-38369 Page 8 of 34

Attachment A Office Layout

Net Shop Layout

IFB No. 802-24-38369 Page 9 of 34

EXHIBIT A – COMPANY PROFILE

Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this IFB. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.

Company Name:

Number Years in Business: Number of Employees:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s proposal submission to the solicitation:

Name / Title:

Phone Number: Fax Number:

Email Address:

Personnel who will be responsible for the management and day-to-day operations of the services solicited in this IFB.

Name/Title:

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within last five years.

__Yes __No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within last five years. If yes, explain.

__Yes __No If yes, explain.

Description of firm's background, history, and qualifications: (You may attach additional page for this section.)

IFB No. 802-24-38369 Page 10 of 34

EXHIBIT B – PAST PROJECTS WITH CORRESPONDING REFERENCES

Respondent Name: ____________________________________________

Respondents shall use this exhibit (or reasonable facsimile) to provide a minimum of three (3) references for jobs completed within the last five (5) years. The references shall illustrate recent experience successfully completing work of a similar nature and scope as the work described in this IFB. Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit E. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive. TPWD reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

REFERENCE 1:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project

REFERENCE 2:

Contact Name/Title/Phone:

IFB No. 802-24-38369 Page 11 of 34

REFERENCE 3:

Contact Name/Title/Phone:

REFERENCE 4:

Contact Name/Title/Phone:

IFB No. 802-24-38369 Page 12 of 34

GENERAL TERMS AND CONDITIONS – FEDERALLY FUNDED PROJECTS

MARCH 2023

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below. All other terms have the meaning set forth in Webster’s II New College Dictionary. 1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. 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 TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS: 2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

IFB No. 802-24-38369 Page 13 of 34

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each

IFB No. 802-24-38369 Page 14 of 34 sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample. 2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail. 3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer;

and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to: 3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

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

Respondents may fail this selection criterion for any of the following conditions:

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.). 3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

IFB No. 802-24-38369 Page 15 of 34

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION: 7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent. In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property.

Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.)

and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

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9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15;

(2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

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Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

15. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

16. NAME CHANGES AND SALES: 16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation. TPWD may request other information about the change and its impact on the Contract and the Contractor shall supply the requested information within five (5) working days of receipt of the request.

16.2. TPWD may terminate the Contract due to a sale of or change to the Contractor that materially alters the Contractor's ability to perform under the Contract. The TPWD has the sole discretion to determine if termination is appropriate.

17. CONTRACTOR RESPONSIBILITIES:

17.1. Contractor agrees to comply with all terms and conditions contained in this solicitation and resulting Contract. 17.2. Contractor guarantees services offered will meet or exceed the written specifications identified in this solicitation.

17.3. Permits: Contractor shall be responsible, at the Contractor’s expense, for obtaining any and all permits or licenses required by city, county, state, or federal rules, regulations, law, or codes that pertain to the Contract.

17.4. Electrical Items: All electrical items provided by the Contractor to TPWD under the Contract must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

17.5. Executive Head: Pursuant to Gov't Code §669.003, the TPWD may not enter into a contract with a person who employs a current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Respondent certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

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Name of former executive: ________________________________ Name of state agency: ___________________________________ Date of separation from state agency: _______________________ Position with Respondent: _________________________________ Date of employment with Respondent: _______________________

17.6. Contractor agrees to take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

17.7. Contractor agrees to comply with Federal law or State Worker’s Compensation laws which are applicable to the work required or performed under this Contract and to pay or cause to be paid all compensation, medical or hospital bills which may become due or payable thereunder, and to protect and indemnify TPWD from and against any and all liability by reason of injury to employees of Contractor or subcontractor.

17.8. Contractor shall provide all labor, equipment, and materials (unless otherwise stated herein) necessary to furnish the goods or perform the service. All employees of the Contractor shall be a minimum of 17 years of age and experienced in the type of work to be performed. Only the Contractor and its employees will be allowed on state property during working hours.

18. TERMINATED CONTRACTS: By submitting a Response, the Respondent certifies that it has not had a Contract terminated or been denied the renewal of any Contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Respondent does have such a terminated Contract, the Respondent shall identify each and provide an explanation for the termination.

19. INDEPENDENT CONTRACTOR: The Contract shall not render the Contractor an employee, officer, or agent of the TPWD for any purpose. The Contractor is and shall remain an independent Contractor in relationship to the TPWD. The TPWD shall not be responsible for withholding taxes from payments made under the Contract. The Contractor shall have no claim against the TPWD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

20. RIGHT TO AUDIT / RECORDS RETENTION: Under Section 2262.154 of the Texas Gov’t Code, the State Auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any Contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Contractor or other entity or person directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the State Auditor’s Office, TPWD or any successor agency, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Contractor or other entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Contractor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under these Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and the State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of this Contract. Contractor and the subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Contractor must retain all work and other supporting documents pertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by TPWD and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor. Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State’s work as requested. Contractor’s failure to comply with this Section shall constitute a material breach of this Contract and shall authorize TPWD and the State of Texas to immediately assess appropriate damages for such failure.

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21.FORCE MAJEURE: Neither Respondent norTPWDshall be liable to the otherparty for any delaying,orfailure ofperformance, of anyrequirement intheContract caused by force majeure. The existence of such causesofdelayorfailure shallextend the period ofperformance untilafterthe causesofdelayorfailurehave been removed, provided the non-performing party exercises all reasonable due diligence to perform.Force majeure is defined as acts of God, fire, explosions, hurricanes, floods,epidemics,or pandemics,nationalor regionalemergency, failures of transportation,or other causes thatare beyond the reasonable controlof eitherpartyand thatbyexercise of due foresightsuch partycould notreasonably have beenexpected to avoid, and which, by the exercise ofallreasonable due diligence,such party is unable to overcome. The burden ofproof for the need of such relief shall rest upon the Contractor. To obtain releasebased on force majeure, the Contractor shall file a written request with TPWD reasonably promptly from the time the force majeure event occurs.

22.PROPRIETARY OR CONFIDENTIALINFORMATION; TEXASPUBLIC INFORMATION ACT:

22.1.Any proprietary, trade secret or otherwise confidential information Respondent includes in itsProposalmust be clearly labeled asproprietary or confidentialinformation, and Respondentmustidentifythe specificexception to disclosure in the PublicInformation Act(PIA).Merelymaking ablanket claim the entire Proposal is protected from disclosure because it contains some proprietaryinformation is notacceptable and…