ESBD_File_335532_TMD23-FMO-0031064 Oil and Dirt Separator for Vehicle Wash Platform Final-Rev. 1.pdf

TEXAS MILITARY DEPARTMENT OF THE STATE OF TEXAS

SOLICITATION

CONTRACT NO.

SOLICITATION NO.

TMD23-FMO-0031064

TYPE OF SOLICITATION

INVITATION FOR BID

(IFB)

DATE ISSUED

9/7/2023

INVITATION FOR BIDS (IFB) – Lubbock JVMF Oil and Dirt Separator for Vehicle Wash Platform

Respondent must submit their responses via email to:

procurement@military.texas.gov no later than 2:00 P.M. local time on 9/26/2023

FOR INFORMATION CONTACT:

Kristine A. Brock

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-3040

EMAIL: Procurement@military.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT

PAYMENT:

10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF

ADDENDA:

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

ADDENDU

M NO.

DATE ADDENDU

M NO.

DATE

NAME AND ADDRESS

OF Bidder:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

Class and Item Code: 934-77 Hydraulic Tools Maintenance and Repair 929-44 Spraying Equipment Maintenance and Repair mailto:procurement@military.texas.gov mailto:Kristine.Brock@military.texas.gov

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

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

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.3 SPECIFICATIONS & rEQUIREMENTS

C.3.14 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.4 TMD PERSONNEL

C.4.1. TMD’s Contract Administrator C.4.2 TMD’s Project Manager – Manager

C.7 INSURANCE REQUIRED UNDER THIS CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information E.8.2 Information Section E.8.3 Pricing Schedule

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E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

E.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

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SECTION A—DEFINITIONS

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

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

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

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

“Business Hours” means 7:30 a.m. to 6:00 p.m. Central Time.

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

“Contractor” means the individual, business or other entity awarded the contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Contractor.”

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

“Days” means calendar days unless otherwise specified.

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

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

“Parties” means Contractor and TMD.

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

“Owner’s representative” means TMD and TMD Project Manager.

“NSI” means National Standards Institute

“FLSA” means Fair Labor Standards Act

“POC” means Point of Contact

“SDS” means Safety Data Sheet

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. TMD seeks a Contractor that will provide the commodities or services described in Section C, Specifications on a no minimum, as needed, as requested basis. Pricing may be firm fixed price for the services requested and authorized by TMD as provided under the Contract. Bidder must price the response on this basis.

B. Contractor must deliver and provide the services in compliance with all requirements of the

Contract with such payment to be processed by TMD after TMD’s receipt, testing and acceptance of the services.

C. Bidder must submit a response that include all costs, fees, licenses, and expenses for

Contractor’s delivery of the services and performance under the Contract and will represent Contractor’s sole compensation under the Contract. No minimum compensation is guaranteed under the Contract. No payments may be approved or made prior to TMD’s acceptance as provided in the Contract.

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

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

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

G. Unless otherwise specified, all items bid must be new and unused and of current production.

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

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B.2 INVOICE REQUIREMENTS

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

A. Contractor’s invoice must include the following:

1. The Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

4. Vendor Federal Employer Identification Number (EIN).

5. Vendor Name, Remit-To Address and Telephone Number

6. Date and Time of Services

7. Location of Service

8. Invoice Number

9. Itemization and description of the work performed with dates services were performed.

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

C. Contractor must correct any defective work or damages to any part of the grounds within 24 hours, when caused by the vendor’s employees, subcontractors, equipment or supplies. If the vendor fails to proceed promptly with corrective action, agency may withhold payment at any amount necessary to correct all defective work or damages or, at agency’s discretion, terminate the purchase order for cause.

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

Texas Military Department (TMD) Attn: Accounts Payable Department

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

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

mailto:accountspayable@tmd.texas.gov

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B.3 PAYMENTS

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

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

Texas Military Department (TMD) Attn: Accounts Payable Department

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

Reference: Contractor Set-up for Solicitation TMD23-FMO-0031064

Notes: Contact Kristine A. Brock when completed 512-782-3040 or Procurement@military.texas.gov

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

B.3.1 Billing and Payment

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

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

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

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

B.3.2 Payment Adjustment

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

B. If it is determined that the remaining amount of Contractor’s payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor’s mailto:Procurement@military.texas.gov

Page 8 of 26 Approved 10/16/2021 payments will be withheld, and an invoice issued to Contractor for the remaining amount due.

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

B.3.3 Late Payment

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

B.3.4 Deductions for Unacceptable Compliance

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

B.3.5 Withholding of Payment

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

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

2. Failure to respond to audit reports; and

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

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

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

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

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

B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State

Page 9 of 26 Approved 10/16/2021 of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

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

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

The Bidder must submit its bid price within the Mandatory Pricing Schedule located in Attachment G.3, replicating, as necessary, in its exact format.

Bid price must be submitted on the Mandatory Pricing Schedule. Bidders will price per unit shown.

Unit prices will govern in the event of extension errors. If a price quotation is submitted as part of Bid, the quotation must be referenced in the response and signed by Bidder to establish formal linkage to the Bid or quotation will not be considered.

Prices bid will be firm for sixty (60) days from bid opening date.

THIS CONTRACT IS SUBJECT TO CANCELLATION WITHOUT PENALTY EITHER IN WHOLE OR PART IF

FUNDS ARE NOT APPROPRIATED BY THE TEXAS LEGISLATURE, FEDERAL GOVERNMENT OR

OTHERWISE MADE AVAILABLE.

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Texas Military Department is seeking a Contractor to install an oil and dirt separator for the wash bay platform located at the Texas Armed Forces Reserve Center, 301 East Regis St. Lubbock

TX 79403.

C.2 SCOPE OF WORK

These specifications will govern the oil and dirt separator installation for the wash bay platform located at the Texas Armed Forces Reserve Center, 301 East Regis St. Lubbock TX 79403.

The buildings to be covered under the Contract are Lubbock Armed Forces Readiness Center Main Building and Lubbock Armed Forces Reserve Center Wash Bay. The following is a detailed description of Wash Bay Services to be performed at the Lubbock Armed Forces Center under the Contract.

C.3 SPECIFICATIONS & REQUIREMENTS

C.3.1 Cutting and Removing nine (9) feet by nine (9) feet of existing concrete to remove existing Sand and Oil Trap separator.

A. Disconnect from the four-inch 45 Degree double cleanout. Please review the attached blueprint drawing of the oil separator. There is a 45-degree four (4) inch drain line running from the double cleanout down to the separator. It is a single four (4) inch line.

B. Remove surrounding gravel and rock around existing tank and inspect integrity of existing tank wall. TMD will need a report of existing tank wall as this will ensure the safety of the installation of the new separator and inhibit and issues late with the walls of the existing concrete causing issues and eliminate any further construction on separator site.

C. Inspect four (4) Inch check line from drain tank to separator tank. The entire drain line from the double clean out to the new separator will need to be inspected.

D. Remove existing sand and oil trap for disposal.

C.3.2 Install New 1000 Gallon Dirt and Oil Interceptor with Sample Test Port.

A. Once new interceptor is installed, connect to existing inlet drain line and outlet drain line to include test port.

B. Install two-way cleanout after tank install to give access to sewer main.

C. Once all inlets and cleanout are installed, back pour rock and gravel around tank.

D. Once all cleanouts, connections, inlets, and two-ways are connected, the nine (9) foot by nine (9) foot concrete can be poured and leveled back over the dirt and oil Separator

Page 11 of 26 Approved 10/16/2021 as not to cover the 24-inch manhole or the 24-inch frame and grate. Contractor must pour to specified thickness and grade to ensure interceptor drains properly.

C.3.3 Washing Station

A. Two (2) Zurn (or equivalent) Freeze Proof Hydrants shall be installed at the current washing location to prevent any water line from freezing and causing a water line to burst.

B. Two (2) Reduced Pressure Zone (RPZ) are to be installed on the main water source located in the Army Reserve Maintenance building. These will be installed on a two (2) inch water line that feeds to the wash bay located outside.

C. All lines must be jetted to confirm lines are cleared.

C.3.4 Respondent Personal Requirements

The Site Supervisor’s primary responsibility will be the day-to-day operation of the service in accordance with the requirements of the Purchase Order.

C.3.5 Contractor’s Responsibility

A. Awarded Contractor shall be responsible for supervision, clean up and disposal, and must have all applicable licenses, insurance, and permits.

B. The Contractor’s Electrician should be certified.

C. The Contractor will have a minimum of three (3) years of experience building projects similar in scope.

D. The awarded Contractor shall furnish all labor, tools, equipment, and transportation, as necessary to complete work.

E. Contractor shall be responsible for maintaining continuous awareness of the quality and completeness of the work performed by the Contractor’s employees through personal inspection of the premises daily in accordance with proper ground maintenance.

F. Award Contractor shall be required to inspect work areas on agency’s premises with the designated agency representative.

G. Contractor shall have the knowledge to develop and implement the service requirements in this solicitation.

H. Contractor shall not be disruptive or use personal multi-media devices while performing services for the agency unless furnished by the Contractor to facilitate communication with agency or the Contractor.

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I. The Contractor shall dispose of all debris and discarded material throughout the day so as to not pose a safety risk to the staff and visitors of the buildings. All debris is to be disposed of either in the Contractor’s dumpster or legally offsite.

J. The Contractor shall take all due care so as not to damage the building’s landscape or the irrigation systems for the buildings. Any damage is at the expense of the Contractor and shall be reported immediately to the Project Manager.

K. Obtain written approval from the designated agency representative prior to use of any chemicals.

L. Determine the correct type and quantity of chemicals and compounds to be used.

Coordinate the mixing and preparations of chemicals with the designated agency representative.

M. Provide applicable Safety Data Sheet (SDS) for all chemicals to be used in performance of the services to the designated agency representative.

N. Contractor is responsible for weekly status emails for the duration of the project that will be sent to Jeff Hardin.

C.3.6 Warranty

Contractor will provide a 60-day warranty, from the date of project close-out.

C.3.7 Quality Assurance / Quality Control

Contractor will coordinate with a TMD designated representative to perform a Quality Assurance/Quality Control (QA/QC ) substantial completion “punch list” walkthrough to identify any deficiencies and corrections needed.

C.3.8 Walkthrough

Contractor shall coordinate with a TMD designated representative to perform a final completion acceptance walkthrough before final turnover/close-out.

C.3.9 Traffic

Contractor to maintain the trafficability of all roadways and access paths on/through the property to the facility.

C.3.10 Building Restrictions

A. PAR KING: The vendor shall make arrangements with the designated agency representative prior to offloading tools and equipment at the job site. The vendor shall park only in spaces assigned by the designated agency representative.

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B. RESTROOMS: Restrooms shall not be used for the washing of tools and equipment. The designated agency representative will designate a location for the cleaning of equipment.

C. SECURITY: The vendor shall provide an updated list of all Contractor personnel or subcontractors at each job site and comply with all security measures required by the agency.

D. ACCESS: The Contractor shall make prior arrangements with the designated agency representative for access to the building(s) for performance of the service.

C.3.11 Personnel Continuity and Replacement

A. Agency recognizes that events beyond the control of the Contractor such as death, physical or mental incapacity, long term illness, or the voluntary termination of employment of the PM will require the Contractor propose a replacement. In the event such a replacement is necessary, Contractor agrees that personnel shall not begin work on the project without prior written approval from the agency.

B. If agency determines the Site Supervisor or team member is unable to perform in accordance with the service requirements or to communicate effectively, the Contractor shall immediately remove that person.

C. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person or [person being replaced]. Replacement personnel shall be provided at no additional cost to the agency.

C.3.12 Vendor Personnel Safety:

The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to: hard hats, safety shoes, safety vests, and goggles needed to perform the job in a safe manner.

C.3.13 Applicable Laws and Standard The vendor shall provide the specified service requirements in accordance with all applicable federal, state, and local laws, standards and regulations necessary to perform the services including but not limited to: Code of Federal Regulations, 40CFR – Protection of Environment, Chapter 1: Subchapters D, I and N.

C.3.14 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Texas Administrative Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Texas Administrative Code § 20.282.

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

(HSP).

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

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

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

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

G. Bidders must submit three (3) references from past or current projects of similar size and complexity performed within the past five (5) years.

C.4 TMD PERSONNEL

C.4.1. TMD’s Contract Administrator

A. The Contract Administrator is Kristine A. Brock.

B. The telephone number is 512-782-3040.

C. The email address is or Procurement@military.texas.gov

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

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

C.4.2 TMD’s Project Manager – Manager

A. The Project Manager for the contract is Jeff Hardin

B. The telephone number for the Project Manager Jeff Hardin is 432-296-0663.

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C. Jeff Hardin email address is jeff.d.hardin.nfg@mail.mil.

D. Alternate contact: telephone number for Maintenance Supervisor, Jamie Candelaria is

512-231-6679.

E. Jamie Candelaria email address is jamie.l.candelaria.nfg@army.mil.

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

C.5 Work Hours:

A. Normal duty hours for facility personnel are Monday through Friday 07:30am to 6:00pm.

Any scheduled work outside of these hours will need to be brought to the attention of the Project Manager or Maintenance Supervisor prior to work being conducted.

B. This location is secured, and visitors passes, and escorts are needed.

C. Contractor vehicles will require inspection and any vehicle must have current proof of insurance.

C.6 QUALITY OF WORK:

A. The Project Manager (Jeff Hardin) will at any time inspect work to ensure strict adherence to contractual obligation such as cleanliness, time in and out, vendor equipment serviceability to complete project and schedule change or vendor employees that or not adhering to specified work times for start and complete.

B. If at any time substandard work is noticed, it will be documented and forwarded, and the vendor site supervisor will be contacted to correct any deficiencies that where noted. If deficiencies are not corrected after proper contact, Texas Military Department will seek to end the contract within 60 days and any and all obligations remaining on said contract will be voided after the termination date.

THE QUANTITY REQUIRED ON THIS REQUEST ARE ESTIMATES ONLY. NO GUARENTEE OF ANY MINIMUM OR

MAXIMUM PURCHASE OR SPECIFIC AREA IS MADE OR IMPLIED.

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

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

mailto:jeff.d.hardin.nfg@mail.mil mailto:jamie.l.candelaria.nfg@army.mil

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

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

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

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

Commercial General Liability (occurrence based)

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

Automobile Liability All Owned, Hired and Non-Owned Vehicles

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

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence Professional Liability Including errors and omissions

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

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

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

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

(2) include a Waiver of Subrogation Clause.

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

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Contractor shall:

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

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

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

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

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

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

End of Project

One (1) week after project has been completed.

Invoicing – Specific to the Contract

IFB Section B.2 payables@military.texas.gov with a copy to Contract Monitor

Weekly

Once a week for the duration of the project

Email of status report

IFB Section C.3.5 jeff.d.hardin.nfg@mail.mil mailto:payables@military.texas.gov mailto:jeff.d.hardin.nfg@mail.mil

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

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

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

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

Submission of responses

A. Proposal must be submitted via email to procurement@military.texas.gov

1. Solicitation No. TMD23-FMO-0031064 Responses will demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

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

E.2 AMENDMENTS TO THE SOLICITATION

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

B. Bidders must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Bidder must submit the acknowledgement to TMD by the time specified for receipt of responses.

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

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

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

mailto:procurement@military.texas.gov

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

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

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

E.4 SIGNATURES ON RESPONSE SUBMITTED

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

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

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

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

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

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

E.5 RESPONSE ACCEPTANCE PERIOD

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

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

E.6 CONTRACT AWARD

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

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

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E.7 TMD’S RIGHTS

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

B. TMD may:

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

2. accept other than the lowest priced response; and

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

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

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

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

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

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

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

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

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

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

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

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E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information

This section will contain the following completed Contract sections with signatures, where applicable:

A. Information and Certifications Form;

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

C. A Redacted Solicitation and Contract response if applicable;

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

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

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

G. The Bidder shall submit a detail breakdown response on how their Company will meet or exceed all specification requirements outlined Section C and all other requirements outlined in this IFB.

E.8.2 Information Section

A. Cover Page: List name and address of Bidder, date of response, solicitation identifier, and signature of authorized official.

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

1. Section B.4 Pricing Schedule

2. Section C.7 Insurance Required Under the Contract

3. All required submittals under Section E.8.1, Required response Information and this

Section E.8.2, Information Section.

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

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E.8.3 Pricing Schedule

Bidder must provide updated Pricing Schedules in the exact format noted in Section B.4 of this solicitation.

E.9 DISCUSSION AND CORRESPONDENCE

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

Kristine A. Brock, CTCD, CTCM, Contract Administrator Email: Procurement@military.texas.gov

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

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

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

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

F. Bidder is reminded that 9/19/2023 at 4:00 P.M. Central Time is the last day to submit written questions for clarification by TMD.

G. Unauthorized contacts with TMD personnel by any Bidder may result in Bidder’s response being rejected in its entirety.

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

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

If it is necessary for Bidder to include proprietary or otherwise confidential information in its response or other submitted information, Bidder must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Bidder to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Bidder as proprietary or confidential will be deemed subject to disclosure under the PIA. Bidder will irrevocably deem to have waived, and Bidder agrees to fully indemnify

Page 24 of 26 Approved 10/16/2021 the State of Texas and TMD against any claim of infringement by TMD regarding the intellectual property rights of Bidder or any third party for any materials appearing in the response.

E.11 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or the contract may be subject to public disclosure under the Public Information Act.

Without prior written notice to Bidder, the redacted response may be posted on TMD’s website as part of the Contract per Texas Government Code § 2261.253(a).

E.12 ANTICIPATED SCHEDULE OF EVENTS

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

Date Time (CT) Solicitation Posted to ESBD

09/14/2023 or 09/15/2023 10:00am

Mandatory Site Visit Failure to attend the site visit will result in disqualification of the response. The site visit is located at Texas Armed Forces Reserve Center 301 East Regis St. Lubbock TX 79403.

9/19/2023 4:00 PM CT Last day to submit written questions for clarification to TMD

9/21/2023 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

9/26/2023 2:00 PM CT Deadline for TMD to receive Bids 9/28/2023 Anticipated date of Contract Award

TMD reserves the right, in its sole discretion, to change the above date(s). Notices of changes to items directly impacting the original solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: https://www.txsmartbuy.com/esbd. Bidder should check the ESBD frequently for updates. Bidder is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated. A Bidder’s failure to periodically check the ESBD for updates will in no way release the awarded Bidder from compliance with any requirements in posted “addenda or additional information” although such compliance may result in additional costs to meet the requirements.

Questions regarding this solicitation must be in writing and must be submitted to TMD’s Contract Administrator by the date and time noted in the table listed in this solicitation. Telephone inquiries will not be accepted. Questions must be submitted by email. TMD intends to post answers to these questions on the ESBD on or before the date and time noted in the table listed in this solicitation.

Bidder is solely responsible for verifying TMD’s timely receipt of its questions by the stated deadlines.

https://www.txsmartbuy.com/esbd

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SECTION F—EVALUATION CRITERIA

TMD will evaluate responses in accordance with the best value standard in Texas Government Code § 2156.007.

TMD reserves the right to conduct studies and other investigations as necessary to evaluate any bid.

TMD, in its sole discretion, may amend or modify any provisions of the IFB, or withdraw this IFB at any time prior to awarding a contract. TMD reserves the right, in its sole discretion, to reject any or all IFBs or to select one or more qualified Bidders to this IFB without discussion or Bids with the respective Bidders.

The decision of TMD, or its designee with regard to the above, shall be administratively final. TMD, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Bids received.

TMD will not disclose any information regarding sealed IFBs to the public prior to Contract award.

Under the Freedom of Information Act (FOIA), Texas Public Information Act (TPIA)/Open Records, and Privacy Act (PA) may request Bids and information, after award, to the TMD at:

By mail to: Texas Military Department ATTN: Office of the General Counsel, JFTX-GC (FOIA Officer) P.O. Box 5218 Austin, TX 78763-5218

By email to: ng.tx.txarng.mbx.freedom-of-information-act@mail.mil

By fax to: (512) 782-6988 (ATTN: FOIA Officer)

If you need a special accommodation pursuant to the Americans with Disabilities Act (ADA) requirements, please contact our ADA Coordinator at (512) 782-3385

Contractor Performance Data: TMD will consider a Bidder’s past performance in compliance with applicable provisions of Texas Government Code §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125 of the Government Code. The following examples indicate poor Contractor past performance may affect a potential Contact award and will be considered during evaluation of Bids:

• A score of less than a C in the Contractor Performance Tracking System;

• Currently under a Corrective Action Plan…