ESBD_File_335344_HHS0013967_PCS137_Formal_IFB_.pdf

PCS 137 - GOODS

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TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Invitation for Bid for

Styrofoam Containers

IFB No. HHS0013967

NIGP Class/Item No(s): 640-43

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Solicitation Date Posted to ESBD August 31, 2023

Vendor Conference, Vendor and HUB Conference, On-Site Visit N/A

Questions or Clarifications Submission Deadline September 07, 2023

Responses to Questions or Clarifications - Addendum posted on the ESBD September 08, 2023

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline September 12, 2023

Response Deadline September 21, 2023

Anticipated Contract Start Date September 22, 2023

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Table of Contents 1 Introduction and Purpose of Solicitation 4

1.1 Historical Monetary Value Error! Bookmark not defined.

1.2 No Guarantee of Volume, Usage or Compensation 4

1.3 Solicitation Components 4

2 Procurement Schedule 5 3 Withdrawal of Response 5 4 HHSC Overview 5 5 Definitions 5 6 General Solicitation Information 7

6.1 Sole Point of Contact and Communications 7

6.2 Exception to the Sole Point of Contact 8

6.3 Offer Period 8

6.4 Costs Incurred 8

6.5 Changes, Modifications and Cancellation 9

6.6 Ambiguity, Conflict, Discrepancy 9

6.7 Solicitation Questions or Clarifications 9

6.8 Notification of Addenda or Cancellation 10

7 Scope of Work (SOW) and Specifications 10

7.1 Specifications 10

7.2 Reworked Products 11

7.3 Deliveries 11

7.4 Receiving Products 13

8 HUB Subcontracting Plan (HSP) Requirements Error! Bookmark not defined.

8.1 HUB Subcontracting Plan (HSP) Error! Bookmark not defined.

8.2 Courtesy Review of HSP 13

9 Pricing Information 14

9.1 Pricing Structure 14

9.2 Price Adjustments Error! Bookmark not defined.

10 Changes to The Contract 14 11 Contract Term 14

11.1 Term of Contract or Purchase Order 14

11.2 Initial Contract Term: 15

11.3 Renewal Option(s) 15

11.4 Extension Option 15

12 Contract Administration/Transactional Purchase Order Administration 15

12.1 Contract Manager/Program Lead 15

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12.2 Services Performed 15

12.3 Performance Reporting 16

12.4 Contractor Response to Notification of Non-Material Deficiency 16

12.5 Corrective Action Plan (The Plan) 17

12.6 Performance Issues 17

12.7 Confidential or Proprietary Information 17

12.8 Bidder Waiver – Intellectual Property 19

13 Invoicing and Payment 20

13.1 Bill-to Address 20

13.2 Invoice Information 20

13.3 Payment 20

13.4 Invoice Submission 20

13.5 Disputed Invoice(s) 20

14 Screening of Responses 21

14.1 Administrative Screening 21

14.2 Irregularities 21

15 Evaluation 22

15.1 Evaluation of Responses 22

15.2 Conformance with State Law for Evaluation 22

15.3 Specific Evaluation Criteria 22

16 Award 24 17 Disclosure of Interested Parties 24 18 Protest Procedures 25 Appendix A – Submission Instructions and Response Checklist 26

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1 Introduction and Purpose of Solicitation The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers solicitations for HHS.

HHSC PCS is seeking competitive bids to establish Contract(s) for Insulated Styrofoam shipping kits used for refrigerated items.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this Solicitation.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this Solicitation to ensure the Bidder meets all requirements, possesses the required experience and qualifications and has the capacity to provide the goods and related services described in this Solicitation. See Appendix A, Submission Instructions and Response Checklist.

1.1 No Guarantee of Volume, Usage or Compensation

HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this Solicitation. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

The estimated historical quantities included in the Price Sheet are provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.2 Solicitation Components

This Solicitation includes the following items:

• PCS137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations

• Exhibit B –Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

• Exhibit C – Bid Execution Page

• Exhibit D – Pricing Sheet

• Exhibit E – HHS Online Bid Room Information

• Exhibit F – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

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2 Procurement Schedule The Procurement Schedule dates on the cover page are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received before the Response Deadline. HHSC is not responsible for lost, misdirected, or late Responses.

By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting contract.

3 Withdrawal of Response Responses may be withdrawn from consideration or amended at any time prior to the Response Deadline by submitting a written request by email to the point of contact listed in Section 6.1.

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies (HHS Agency).

PCS administers the procurement processes, which include Solicitation announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this Solicitation.

5 Definitions Unless the context clearly indicates otherwise, throughout this Solicitation, the definition given to a term below applies whenever the term appears in this Solicitation, in any Response (Bid) submitted in response to this Solicitation, and in any Contract awarded as a result of this Solicitation. All other terms have their ordinary and common meaning.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

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a) Addendum – A written clarification or revision to this Solicitation issued by HHSC.

b) Bidder – Entity or individual that submits a response to this Solicitation. This term also includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract – A legally enforceable agreement between two or more parties. As a result of this Solicitation, HHSC may issue a Contract document or Purchase Order (see definition).

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Contract (Purchase Order) to provide the services or goods as a result of this Solicitation.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this Solicitation and any resulting Contract, that the Contractor shall perform or deliver to the HHS Agency for acceptance.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: http://www.txsmartbuy.com/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this Solicitation, which provides terms and conditions, additional requirements and information related to this Solicitation.

j) HHS Agency - The Texas Health and Human Services Commission (HHSC) and the Texas Department of State Health Services (DSHS), separately or combined.

k) Purchase Order – A legally enforceable agreement between two or more parties. A Purchase Order is issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide. Also considered a Contract.

l) Response – All information and materials submitted in response to this Solicitation. May also be referred to as Bid or Bid Response.

m) Respondent – a term interchangeable with Bidder.

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

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n) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this Solicitation and any resulting Contract which the Contractor is required to provide.

o) Solicitation - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bid or IFB.

p) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

q) Unit Rate – The set rate per the unit of measure (UOM), used for payment of the services, included on the Price Sheet under the Contract or Purchase Order. (e.g., Hourly, Daily, Weekly, Monthly, etc.).

r) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this Solicitation.

s) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number required in Exhibit A, HHS Solicitation Affirmations. Further information regarding this number may be accessed on the CPA website at https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p =payee_numreq.

6 General Solicitation Information

6.1 Sole Point of Contact and Communications

The PCS sole point of contact for inquiries concerning this Solicitation is:

Ana Breest, CTCD,CTCM

512-4062679

Ana.breest@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a response to this Solicitation. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this Solicitation, in writing by e-mail to the HHSC PCS sole point of contact named above;

communications by phone will not be accepted. See Appendix A for submission requirements.

All other communications between a Bidder and HHS agency staff concerning this Solicitation are prohibited. In no instance is a Bidder to discuss cost information regarding this Solicitation and contained in a response with the HHSC PCS point of contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

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The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Bidders seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC sole point of contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this Solicitation.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact are the HUB coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative, e.g., during contract negotiations, if allowed due to the circumstances of this procurement;

generally, negotiations are not allowed when soliciting with the Invitation for Bid method and there should be no expectation by Bidders that negotiations will be allowed for this procurement.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB coordinator at Section 8.1 HUB Contact may be contacted. The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

6.3 Offer Period

By submitting a Response to this Solicitation, Bidder agrees that its Response will remain a firm and binding offer for at least the period of time, 240 days, as also stated in the HHS Solicitation Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be honored and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this Solicitation or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for cost incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this Solicitation.

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6.5 Changes, Modifications and Cancellation

HHSC reserves the right to change, amend, or modify this Solicitation prior to the Response Deadline indicated in the Procurement Schedule (cover page). Changes, amendments and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with the Notification of Addenda or Cancellation Section.

HHSC reserves the right to cancel this Solicitation at any time. The notice of cancellation will be in accordance with the Notification of Addenda or Cancellation Section.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the Solicitation and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

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

6.7 Solicitation Questions or Clarifications

HHSC will allow written questions and requests for clarification regarding this Solicitation if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (Cover Page) or deadlines established in subsequent Addenda.

Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page) through a new Addendum. The notification will be processed in accordance with the Notification of Addenda or Cancellation Section.

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted in writing by e-mail and include the following information:

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a) IFB Number and Title of Solicitation (from cover page) must be included in the e-mail subject line and in the e-mail body

b) Section or Paragraph number from this Solicitation

c) Page Number of this Solicitation

d) Exhibit name, Section or Paragraph, page number from the Exhibit

e) Language, Topic, Section Heading being questioned

f) Requestor Contact Information must be included in the body of the e-mail submitted with questions

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page) may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

Addenda for changes, modifications and answers to questions or requests for clarification as well as subsequent Addenda with amended answers to questions or requests for clarifications, will be posted to the ESBD. It is the responsibility of each Bidder to monitor the ESBD for any Addenda affecting this Solicitation. Failure to check the ESBD will in no way release any Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this Solicitation, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this Solicitation at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this Solicitation.

7 Scope of Work (SOW) and Specifications

7.1 Specifications

Insulated Styrofoam shipping kits used for refrigerated items. The Styrofoam containers are used in the shipment of refrigerated items and the cardboard shipper is the outer box that will house the Styrofoam container and provide an extra layer of security and durability. These items are needed to ensure that shipments requiring refrigeration maintain temperature to prevent spoilage of vaccines or medications and will be used with cold packs.

Thick polystyrene foam container provides maximum protection.

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200 lb. test outer shipping carton included.

Lightweight, sturdy and reusable.

Several sizes needed:

INSULATED FOAM SHIPPING KIT - 12 X 10 X 7" (Uline item S-15181 or equal)

INSULATED FOAM SHIPPING KIT - 15 1/2 X 12 5/8 X 12 (Uline item S-21528 or equal)

INSULATED FOAM SHIPPING KIT - 21 1/4 X 15 1/2 X 15 ½. (Uline item S-13394 or equal)

7.1.1 Equal Products

The information identified above is intended to be descriptive, not restrictive, and to indicate the quality and characteristics of products that will be satisfactory. If bidding other than specified brand or part number, bidder must include with bid sufficient literature to allow evaluation of the items. Failure to provide literature with bid response may be cause for not considering for an award.

7.2 Reworked Products

REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL

NOT BE ACCEPTED. Unauthorized substitutions prohibited. No substitutions, including product code number changes, shall be made unless the vendor has obtained prior written approval from HHSC Purchaser prior to shipment. Cost of substitute items shall be the same as the cost for the awarded item. Substitutions must meet or exceed the specifications written in the item description as published in this Solicitation.

7.3 Deliveries

7.3.1 Delivery Guidelines:

a) Observe all posted speed limits. Speed limits are strictly enforced.

b) Observe all stop signs and other traffic controls.

c) Parking must be in area designated by Warehouse staff.

d) Vehicles must be locked, and keys removed at all times when unattended.

e) Pedestrians have the right-of-way at all times. Drive with extreme caution and be prepared to cope with unexpected circumstances.

f) Firearms and alcoholic beverages are forbidden on campus.

g) Tools and equipment must be properly secured at all times.

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h) No smoking.

i) Contact with residents is forbidden. Do not offer cigarettes, matches, lighters, food or money to residents.

j) If you require assistance with a resident, notify Facility staff.

7.3.2 Carton Labeling/Pallet Labeling

a) At a minimum, product must be labeled on outer carton with the following information:

a. Description of Contents

b. Agency Purchase Order #

c. Quantity per Carton

b) At a minimum, pallets must be shrink wrapped and labeled.

7.3.3 It is required that vendor contact the point of contact specified on the issued PO to set up a delivery appointment.

7.3.4 Deliveries are to be made between 7:00 AM and 2:00 PM on date specified, but not between 11:00 AM and Noon to the address specified on the issued PO.

7.3.5 The vendor is responsible for payment of any additional charges by the contract warehouse (such as overtime, blast freezing, lowering temperatures, re-stacking; second delivery due to split delivery quantity [unless requested by HHSC], unloading charges, etc.).

7.3.6 ALL deliveries shall arrive ON TIME as requested by HHSC. It is the awarded vendor’s responsibility to contact HHSC Purchaser if unforeseen circumstances arise that may cause a delivery to be late.

7.3.7 HHSC reserves the right to purchase late items on an emergency basis and charge any resulting increase in price to the awarded vendor.

7.3.8 On orders calling for multiple deliveries, awarded vendor will be notified in writing by HHSC approximately four (4) weeks prior to requested delivery date.

7.3.9 Orders must be delivered complete. Items delivered must be the item bid.

Mixing of brands of items will not be allowed. Split deliveries will not be accepted, unless requested.

7.3.10 Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense.

Vendor will reimburse the agency for cost of storage and handling fees incurred at the contracted storage facility and any cost to pick up and return product delivered to individual facilities. Any cost incurred to verify compliance with these

Page 13 of 29 Revised 02/24/2023 specifications will be the responsibility of the vendor if product is found not to be in compliance. This may include but is not limited to laboratory tests.

7.4 Receiving Products

The Agency will ensure product received is the same as awarded item. Product that is not the awarded contract item, or product that is damaged or otherwise not in good condition, will be refused. Instances of damaged case goods, the Agency will accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, The Agency may purchase needed items locally on an Emergency Purchase Basis. The awarded contract vendor shall be responsible for the difference in cost, if any, between the contract item and the emergency purchase items. Should the Agency determine an awarded product does not meet the specifications listed the Agency will immediately contact the vendor to attempt resolution. If not resolved, the Agency will contact the HHSC Buyer and HHSC Contract Manager. The Agency will retain the product case, label intact, under appropriate storage conditions until product is secured for further investigation.

7.5 Courtesy Review of HSP

A courtesy review of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

To request a courtesy review, submit the completed HSP including all supporting documentation in a PDF format by e-mail to the HHSC HUB Program Office by or before the Courtesy Review of HUB Subcontracting Plan deadline in the Schedule of Events, cover page.

• E-Mail for Courtesy Review: Bob.McCurdy@hhs.texas.gov

• E-mail Subject Line: HSP Courtesy Review, IFB No. HHS0013967, September 12, 2023

HSPs received after the “Courtesy Review of HUB Subcontracting Plan” deadline in the Procurement Schedule (cover page) or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

The final HSP must be submitted by the Response Deadline identified in the Procurement Schedule (cover page) or deadlines established in subsequent Addenda. Responses received without a properly completed HSP will be disqualified.

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8 Pricing Information

8.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the initial term of the Contract.

The pricing must be submitted only using Exhibit D Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all Solicitation requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

8.1.1 Federal Minimum Wage Adjustments

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (USDOL), if applicable.

The request must be submitted to the HHS Agency contract manager in writing and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. HHSC reserves the right to accept or reject the request for an increase.

The effective date for an increase, if approved, will be based on the date of approval by the HHS Agency. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by HHSC. Notification of an approved increase in the Contract rate will be provided through a Purchase Order Change Notice or Contract Amendment from the HHS Agency Contract Manager to include the new unit price and effective date for the increase.

9 Changes to The Contract Following award, additional services or changes to the original solicitation be added/deleted via Purchase Order Change Notice (POCN) approved by the HHS Agency and the Contractor.

After award, substitute items may be accepted if they meet or exceed specifications with prior approval from agency.

10 Contract Term

10.1 Term of Contract or Purchase Order

The term of the awarded Contract or Purchase Order will be effective on the date the Purchase Order is issued and will expire based on the schedule for delivery of services or goods as outlined in this Solicitation or by the date or delivery days after receipt of order (ARO) provided by the Bidder.

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10.2 Initial Contract Term:

Any contract resulting from this Solicitation will have an initial term beginning September 1, 2023, and expiring August 31, 2024.

10.3 Renewal Option(s)

HHSC, at its sole discretion, may renew the Contract for up to 3yr contract needed begin 9/1/2023 with 2 one-year renewal.

Renewal 1 term: 09/01/24-08/31/25

Renewal 2 term: 09/01/25-08/31/26

Such renewal(s), if exercised, shall be subject to all the requirements and terms and conditions of the Contract.

10.4 Extension Option

The HHS Agency, at its sole option and subject to availability of funding, may extend the Contract beyond the initial term and all renewal periods for up to one (1) year as necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for purposes of transition to a new Contractor, or as otherwise determined by the HHS Agency.

This extension, if exercised, will require the Contractor to continue performing services in accordance with the Contract requirements and all terms and conditions.

11 Contract Administration/Transactional Purchase Order Administration

11.1 Contract Manager/Program Lead

A Contract Manager or Program Lead will be designated, and the contact information will be provided to the Contractor.

After award of any Contract resulting from this IFB, all communications related to the Contract and requests for changes to the Contract will be processed through the designated HHS Agency Contract Manager.

11.2 Services Performed

a) The HHS Agency Contract Manager or designee will monitor all work performed which shall be in accordance with this Contract, local codes and ordinances and any other authority having lawful jurisdiction and shall periodically communicate with the Contractor via telephone, email, and conduct on-site visits to address questions, concerns or progress.

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b) It is important that the Contractor performs all duties and requirements as stated.

Failure to do so may result in termination of the Contract.

c) All services and deliverables must meet or exceed the required levels of performance specified in this Solicitation.

d) Contractor will be notified by the HHS Agency Contract Manager or designee in writing to correct any service or portion of a service. The Contractor shall take immediate action to correct the service or portion of a service at no additional cost to the HHS Agency.

The Contractor shall notify the HHS Agency Contract Manager or designee upon completion for HHS Agency inspection and acceptance, as applicable.

11.3 Performance Reporting

The HHS Agency Contract Manager is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System (VPTS). The VPTS reporting is required throughout the life of a contract and not just at its conclusion. HHSC PCS, at its sole discretion, may submit reports in the VPTS on Purchase Orders under $25,000. The VPTS information and report search may be accessed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

Performance Notification – Non-Material Deficiency

The HHS Agency may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of the HHS Agency, do not result in a material deficiency or delay in the implementation or operation of the services.

11.4 Contractor Response to Notification of Non-Material Deficiency

The Contractor shall, within three (3) business days (or another date approved by the HHS Agency) of receipt of written notice of a non-material deficiency, provide the HHS Agency Contract Manager a written response that:

a) Explains the reasons for the deficiency, the Contractor’s plan to address or cure the deficiency, and when the deficiency will be cured; or

b) If the Contractor disagrees with the HHS Agency’s findings, the response must include the reasons why the findings are disputed.

The Contractor’s noncompliance or rectifying the deficiency may result in delayed payment or non-payment as determined by the HHS Agency.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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11.5 Corrective Action Plan (The Plan)

At its discretion, the HHS Agency may request in writing and require the Contractor to submit a detailed written Corrective Action Plan and include how the Contractor will correct or resolve an issue, deficiency, or a breach of this Contract.

The Plan must include, but is not limited to:

a) A detailed explanation of the reasons for the cited deficiency;

b) The Contractor’s assessment or diagnosis of the cause; and

c) A specific proposal to cure or resolve the deficiency.

The Plan must be submitted by the deadline set forth in the HHS Agency’s request.

The Plan is subject to approval, which will not be unreasonably withheld, by the HHS Agency.

11.6 Performance Issues

The Contractor shall be required to correct all performance issues reported by the HHS Agency Contract Manager within 48 business hours. If requested by the HHS Agency, the Contractor shall provide a written report detailing the performance issue(s) and resolution. The HHS Agency’s Contract Manager will report/discuss performance deficiencies with the Contractor and seek to achieve resolution of the issues.

The HHS Agency Contract Manager may report the following compliance issues to HHSC/PCS for resolution.

a) Failure to reach agreement on corrective action.

b) Failure to perform in accordance with the Corrective Action Plan.

c) Violations of this Contract and Corrective Action Plan(s).

11.7 Confidential or Proprietary Information

Bidder Requirements Regarding Disclosure

Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

Under the PIA, certain information is protected from public release. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

a) Mark Original Proposal https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

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1. Mark the Original Proposal, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

2. Identify, adjacent to each portion of the Solicitation Response, that Bidder claims is exempt from public disclosure, the claimed exemption from disclosure (NOTE: no redactions are to be made in the Original Solicitation Response).

b) Certify in Original Solicitation Response - HHS Solicitation Affirmations (attached as Exhibit A to this Solicitation)

1. Certify, in the designated section of the HHS Solicitation Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

and

2. Submit Public Information Act Copy of Proposal

i. Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

ii. The copy must be clearly marked as “PUBLIC INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

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

iv. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Proposal as required in Subsection (a)(2), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Solicitation Response, provide the required certification in the HHS Solicitation Affirmations, and submit the Public Information Act Copy, Bidder’s Solicitation Response will be considered to be public information that may be released to the public in any manner including, but not limited to, in accordance with the Public Information Act, posted on the HHS public website, and posted on the Legislative Budget Board’s public website.

If any or all Bidders submit partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this section, HHSC, in its sole discretion and in any solicitation, reserves the right to (1) disqualify all Bidders that fail to fully comply with the requirements set forth in this section, or (2) to offer all Bidders

Page 19 of 29 Revised 02/24/2023 that fail to fully comply with the requirements set forth in this section additional time to comply.

Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may make the entire Solicitation Response subject to release under the PIA.

Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including HHSC and all other state agencies, without cost or liability.

HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA. HHSC does not have authority to agree that any information submitted will not be subject to disclosure.

Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General.

Bidders are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidders.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at https://www.texasattorneygeneral.gov/

11.8 Bidder Waiver – Intellectual Property

Submission of any document to any HHS Agency in response to this solicitation constitutes an irrevocable waiver and agreement by the submitting party to fully indemnify the State of Texas and the HHS Agency from any claim of infringement by the HHS Agency regarding the intellectual property rights of the submitting party or any third party for any materials submitted to HHS by the submitting party.

https://www.texasattorneygeneral.gov/open-government/office-attorney-general-and-public-information-act https://www.texasattorneygeneral.gov/

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12 Invoicing and Payment

12.1 Bill-to Address

The Contract or Purchase Order will include the appropriate bill-to address for the submission of invoices to any HHS Agency requesting services.

12.2 Invoice Information

Invoices submitted to the HHS Agency must reflect the Contract or PO number and must provide the work completed, in detail, for which payment is due. The detail of the work completed must comply with the Pricing Sheet (see Exhibit D, Pricing Sheet).

12.3 Payment

a) Payment will be made by the HHS Agency in accordance with the pricing provided on Exhibit D - Pricing Sheet. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

b) The HHS Agency must receive products included on an invoice prior to approving the invoice for payment.

c) Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by the HHS Agency.

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

12.4 Invoice Submission

a) Contractor must submit invoices on a monthly basis or as otherwise indicated on the purchase order.

b) Separate invoices must be submitted for each delivery, as applicable.

c) Failure to submit an accurate and valid invoice with all required information may result in delay of payment.

12.5 Disputed Invoice(s)

In accordance with 34 Texas Administrative Code, Rule §20.487(b), the HHS Agency will immediately return disputed invoices to the Contractor but in no event later than the 21st day after the HHS Agency receives the invoice. The HHS Agency reserves the right to dispute any portion of an invoice and will attempt to resolve the dispute with the Contractor in good faith.

The HHS Agency shall not be required to pay any disputed portion of an invoice until the https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=487

Page 21 of 29 Revised 02/24/2023 dispute is resolved. Notwithstanding any such dispute, the Contractor must continue to perform the services and/or produce deliverables in compliance with the terms of the Contract.

Pending resolution of a dispute, the HHS Agency will continue to process payments for undisputed amounts and invoices to the Contractor.

13 Screening of Responses Neither issuance of this Solicitation nor retention of Responses constitutes a commitment on the part of HHSC to award a Contract. HHSC maintains the right to reject any or all Responses and to cancel this Solicitation if HHSC, in its sole discretion, considers it to be in the best interests of HHSC to do so.

Retention of Responses by HHSC confers no legal rights upon any Bidder.

HHSC reserves the right to select qualified Bidders to this Solicitation with or without discussion of the Response with Bidders.

13.1 Administrative Screening

An administrative screening of Responses timely received will be conducted by HHSC PCS to determine which Responses meet all Solicitation minimum requirements and are deemed responsive and qualified for further consideration and evaluation.

Appendix A – Submission Instructions and Response Checklist will be used to conduct the screening process.

HHSC reserves the right to ask questions or request clarification from any Bidder at any time during the screening process.

13.2 Irregularities

HHSC reserves the right to waive irregularities in a Response. An irregularity is an omission or error that, in HHSC’s determination if waived or modified when screening Responses, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the Response or Solicitation requirements.

HHSC, at its sole discretion, may give a Bidder the opportunity to submit missing information or make corrections. The missing information or corrections must be submitted to the Point of Contact e-mail address, Section 6.1 by the deadline set by HHSC. Failure to respond before the deadline may result in HHSC’s rejecting the Response and the Bidder not being considered for award.

Note: Any disqualifying factor set forth in this Solicitation does not constitute an irregularity (e.g., Submission of Exhibit A HHS Solicitation Affirmations, and Exhibit F HSP, which must be signed and submitted with the Solicitation response).

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14 Evaluation

14.1 Evaluation of Responses

HHSC reserves the right to select qualified Responses to this Solicitation without discussion of the Responses with Bidders. It is understood that all Responses will become a part of HHSC PCS’ official procurement files and the Contract after award or the procurement has been terminated and will be available for public inspection in accordance with the Texas Public Information Act.

HHSC reserves the right to conduct studies and other investigations as necessary to evaluate any Response.

14.2 Conformance with State Law for Evaluation

Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter 2155, sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, section 2156.007, Texas Government Code; and Chapter 2157, section 2157.003.

Sections 2155.074, 2156.007, and 2157.003 provide the Best Value Standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether the Bidder meets all requirements of this Solicitation.

14.3 Specific Evaluation Criteria

HHSC shall not be obligated to select the Bidder with the lowest price but shall make an award to the Bidder that provides the best value to the State of Texas.

All Responses will be evaluated according to the following criteria:

a) Bidder meeting or exceeding specifications in accordance with this solicitation

b) Bidder’s ability to meet delivery requirements

c) Price

14.3.1 Required Pricing

The Pricing Sheet, Exhibit D, identifies the pricing requested and required for the products and related services outlined in this Solicitation. The pricing is significant in the overall evaluation of the responses. HHSC PCS is not obligated to select the lowest priced response. The pricing will be evaluated across all Bidders to determine the Response with the lowest price per line item or lowest total for all line items.

The award will be made to the Bidder whose response offers the best value to the State based on all factors considered, including price.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.074 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.074 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.075 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.144 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2156.htm https://statutes.capitol.texas.gov/docs/GV/htm/GV.2157.htm#2157.003

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14.3.2 Verification of Past Vendor Performance

By submitting a Response, the Bidder generally releases from liability and waives all claims against any party providing information about the Bidder at the request of HHSC.

Bidders may be rejected as a result of unsatisfactory past performance under any contract(s) as reflected in vendor performance reports, reference checks, or other sources.

The Bidder’s past performance may be considered in the evaluation process and prior to making an award determination.

Reasons for which a Bidder may be denied a contract include, but are not limited to:

a) Bidder has unfavorable reports or grade less than a C on the CPA Vendor Performance Tracking System (VPTS). VPTS may be accessed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/, OR,

b) Bidder is currently under a corrective action plan through HHSC, OR,

c) Bidder has had repeated, negative vendor performance reports for the same reason, OR,

d) Bidder has a record of repeated non-responsiveness to vendor performance issues, OR,

e) Bidder has contracts or purchase orders that have been cancelled in the previous 12 months for non-performance or sub-standard performance.

In addition, HHSC may examine other sources of vendor performance, which may include information provided by any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the federal government.

The performance information may include, but is not limited to:

a) Notices of termination,

b) Cure notices,

c) Assessments of liquidated damages,

d) Litigation,

e) Audit reports, and

f) Non-renewals of contracts.

Further, HHSC, at its sole discretion, may initiate investigations or examinations of vendor performance based upon media reports. Any negative findings, as determined by HHSC in its sole discretion, may result in HHSC’s removing the Bidder from further consideration for award.

14.3.3 Ability to Perform

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/, Page 24 of 29 Revised 02/24/2023

Evaluation will be based upon Bidder’s demonstrated experience and ability to provide goods and related services with consideration of the Bidder’s business size and scope of all operations, the number of employees and supervisors available to perform the services. The evaluation may also consider the Bidder’s demonstrated financial capability, financial solvency and capacity to fulfil the requirements of this Solicitation.

15 Award HHSC, at its sole discretion, reserves the right to cancel this Solicitation at any time or decline to award any contract(s) as a result of this Solicitation.

All awards are contingent upon approval of the HHSC…