ESBD_File_343256_601440000042616_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 04/13/2022

THE ATTACHED SOLICITATION SHOULD BE RETURNED AS FOLLOWS:

must be received before the hour and dateAll responses for Solicitation No.

specified

All reference to time in the solicitation shall mean Central Time.

Email responses must be sent to . Email responses must not exceed 20 MB and be in portable document format (PDF) or Excel format for pricing schedules, signed by respondent, and attached to the email to be considered for award. Emails exceeding 20 MB must be sent to through managed file transfer services such as, but not restricted to, Dropbox™. TxDOT will not be responsible for failure of electronic equipment, operator error, server delays, or system outages. Responses that are late, illegible, incomplete, file corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

Respondent must place the following in the subject line of their email submission: Solicitation Number, Company Name.

The response must be sent only to . Any response sent to any email address other than

- whether directly, courtesy copy (cc), or blind copy (bcc) - will be considered non-responsive.

For hand delivery or courier service, United States Postal Service, Federal Express, United Parcel Service, or other mail delivery service, contact the purchaser for assistance.

601440000042616

December 04, 2023 10:00 AM

Benjamin.McIntyre@txdot.gov

Benjamin.McIntyre@txdot.gov

Benjamin.McIntyre@txdot.gov

Benjamin.McIntyre@txdot.gov

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 4,000.00 TON77545773309

SALT, SODIUM CHLORIDE, FOR ROAD

MAINTENANCE, IN ACCORDANCE, BULK,

BRINE GRADE

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

Bulk brine grade roadway salt

The following comments apply to the entire Solicitation

1. Description of Goods: This solicitation is to establish a contract for bulk brine grade roadway salt for TxDOT Districts statewide.

2. Emergency:

This solicitation is for an emergency purchase made under Texas Government Code, §2155.137 and 34 TAC 20.82.

3. Term of Service: The initial term commences upon the issuance of a contract by TxDOT and expires on March 31, 2024.

Page 1INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

IF RESPONDING, FORM MUST BE SIGNED. IF NOT RESPONDING. DO NOT RETURN THIS FORM.

Failure to sign will disqualify response.

Authorized Signature Date

Printed Name

By signing solicitation, respondent certifies that if the Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in 34 T AC Rule 20.306

4. Delivery

4.1. Material to be picked up at the

vendor's location by TxDOT or TxDOT contractor.

4.2. Vendor plant location must be

within an 85 mile radius from the Dallas fort Worth metro area.

5. Electronic State Business Daily (ESBD): This solicitation is posted on the ESBD.

It is the responsibility of the respondents to check the ESBD for addenda or additional information related to the solicitation. Vendors active on the CMBL at the time the solicitation was posted will receive notifications regarding addenda or additional information related to the solicitation.

http://www.txsmartbuy.com/esbd

6. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

6.1. Solicitation No. 601440000042616

6.2. Specification No. DMS-6400 De-icer

/ Anti-icer Dated October 2017.

6.3. TxDOT Terms and Conditions, October

6.3.1. Payment will be made in

accordance with Part 4, Para. 4.04 (a)

7. Estimated Quantities

Quantities are estimates only to be used for the purpose of comparing responses.

The respondent must enter their unit price on Solicitation. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Solicitation.

TxDOT will order only the amount needed to satisfy operating requirements; no guarantee of any minimum or maximum

Page 2INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price purchase is made or implied. Total amount ordered must not exceed the aggregate contract amount unless additional funds are allocated, and the total contract amount is increased in accordance with the terms and conditions.

8. Texas HUB Subcontracting Plan

Subcontracting opportunities are not probable. Therefore, respondents are not required to submit a HUB Subcontracting Plan (HSP) with their response at the time of submission. However, if during the term of the contract, subcontractors will be used in the delivery of the goods and/or services, the awarded contractor(s) must complete an HSP to verify their intent to subcontract and show their good faith effort to contract with HUBs, and submit for TxDOT approval prior to use of the subcontractor(s). In addition, the contractor(s) must submit monthly a “Prime Contract Progress Assessment Report” and “HUB Subcontracting Plan (HSP) Progress Compliance Form - 2579” to the point-of-contact on the contract and TxDOT’s Civil Rights Division.

9. Contact Information

The individuals listed below are the only authorized TxDOT contacts.

Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified.

Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact: Benjamin McIntyre, CTCD, CTCM

Phone: 903-737-9359 Email: benjamin.mcintyre@txdot.gov

Secondary Contact: Kethenus Dixon, CTCD, CTCM

Phone: 903-737-9221 Email: kethenus.dixon@txdot.gov

Page 3INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

10. Vendor Performance: TxDOT will monitor performance on a regular basis.

10.1. TxDOT may consider the following

performance by the vendor as unsatisfactory performance - An unsatisfactory performance determination includes, but is not limited to:

10.1.1. Failure to provide any portion

of the purchase order.

10.1.2. Failure to provide a product that

meets specification.

10.2. Exceptional performance

determination includes, but is not limited to:

10.2.1. Vendor commended for exceptional

customer service

11. Multiple Awards

Multiple contracts may be awarded from this solicitation.

In accordance with TxDOT Terms and Conditions, Part II, TxDOT reserves the right to make award or awards to best serve the interest of the state.

Award will be made to the respondent(s) providing the best value for the state as directed by Texas Government Code.

12. Response Submission

12.1. GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 12.3 to the email address as indicated on the “Instructions to Respondents” page.

12.2. The respondent shall not encrypt

or password protect response or embed documents within the response; each section must be its own separate document.

12.3. RESPONSE: Failure by the

respondent to submit the documentation listed below will result in the response being considered non-responsive. The

Page 4INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

12.3.1. Section 1 – Signed Invitation

for Bid

12.3.2. Section 2 – Texas Family Code

Schedule

12.3.3. Section 3 – Addenda (if applicable)

13. Vendor Point of Contact: Name:

Phone:

Email:

14. Vendor Verification of Federal Employer Identification Number: Vendor to provide current company name:

Vendor to provide federal EIN:

If invoice will be submitted by, and/or payment made to an EIN or company name different from the vendor on the contract, vendor must complete the following to authorize payment:

EIN of company authorized to invoice for vendor: Name of Invoicing Company:

EIN of company authorized to receive payment: Name of company to be paid:

15. Preferences

Check below if preference claimed under rule 34TAC 20.306.

Tie-Bid Preferences:

_Supplies, materials or equipment produced in Texas or offered by a Texas bidder.

_ Agricultural products produced or grown in Texas.

_Agricultural products and services offered by Texas bidder.

Page 5INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

_USA produced supplies, material or equipment.

_Products produced at facilities located on formerly contaminated property

_Products and services from economically depressed or blighted areas.

_Goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident.

Source Preferences:

_Products of persons with mental or physical disabilities

_Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code

386.001 Texas emission reduction plan

_Manufacturer that has a recycle program for computer equipment

_Contractor providing foods of higher nutritional value Specification Preferences:

_Point lines made of recycled materials, remanufactured, or environmentally sensitive materials including recycled steel

_Energy efficient products

_Rubberized asphalt paving materials

_Recycled motor oil and lubricants

If the name of your company is not printed on the heading of this solicitation, you must write the full name of company, full name of signer, mailing address, and respondent's employer identification number (EIN) on the face of the solicitation. To minimize identity theft, every company must have an employer Identification number (EIN), also known as a federal tax identification number, prior to

Page 6INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

award of a contract.

For information on obtaining your EIN, call 800-829-4933 or visit the following website:

https://www.irs.gov/businesses/small-bus inesses-self-employed/employer-id-numbers

(NOTE: this link will not work if capitalization is used. Type in navigation bar using lower case letters)

16. Calendar of Events

Estimated Solicitation Posting Date:

11/20/23

Deadline for submission of questions:

11/27/23

Reference Paragraph 10 – Contact Information.

TxDOT Response to Questions to be posted by: 11/29/23

Response Due Date: 12/4/23, 10:00 a.m.

central time

Tentative Date for Contract Award:

12/5/23

Page 7INVITATION FOR BID 11/14/2023

SOLICITATION NO: 601440000042616

OPENING DATE 10:00 AM Dec 04, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Departmental Materials Specification DMS-6400

Construction Division 1 – 6 Effective Date: October 2017

DMS-6400

De-Icer/Anti-Icer Effective Date: October 2017

1. DESCRIPTION

This Specification governs the Quality Monitoring Program (QMP) for safe de-icer/anti-icer, pre-qualification requests and procedures, disqualification, sampling, re-qualification, quality control (QC), and material requirements.

2. UNITS OF MEASUREMENTS

The values given in parentheses (if provided) are not standard and may not be exact mathematical conversions. Use each system of units separately. Combining values from the two systems may result in nonconformance with the standard.

3. MATERIAL PRODUCER LIST

The Materials and Pavements Section of the Construction Division (CST/M&P) maintains the Material Producer List (MPL) of all materials conforming to the requirements of this Specification. Materials appearing on the MPL, entitled “De-Icer/Anti-Icer,” require no further sampling and testing before use, unless deemed necessary by the Project Engineer or CST/M&P. To obtain a place on this list, the product must be accepted into the QMP. Materials not on the list require project-specific testing.

4. BIDDERS’ AND SUPPLIERS’ REQUIREMENTS

The Department will purchase or allow on projects those products listed by producer and product code or designation shown on the MPL. Products not included on the MPL that are certified by the Contractor to meet this Specification can be purchased but must be tested and approved by the Department before use. Allow 30 calendar days for the Department to sample, test, and report results for products not included on the MPL.

Use of pre-qualified product does not relieve the Contractor of the responsibility to provide product that meets this Specification. The Department may inspect or test material at any time and reject any material that does not meet the specifications.

5. PRE-QUALIFICATION PROCEDURE

5.1. Pre-Qualification Request. Submit a request for evaluation under DMS-6400 to DMS_Prequal@txdot.gov.

Include the following information in the request:

company name;

physical and mailing addresses;

contact person, phone number, and email address;

type of material;

laboratory test report with test data showing compliance of the material with the requirements stated in this Specification; and most recent detailed product specification sheet and Safety Data Sheet (SDS) that complies with OSHA Hazard Communication Standard 29 CFR 1910.1200, including the SDS of the inhibitor.

Construction Division 2 – 6 Effective Date: October 2017

All documents must be clearly legible.

5.2. Pre-Qualification Sample. After reviewing the request for QMP pre-qualification, CST/M&P will request a minimum of one sample (at least 1 gal.) for each de-icer being considered for pre-qualification. Ship pre-qualification sample(s) with current SDS to the Texas Department of Transportation, CST/M&P (CP51), 9500 North Lake Creek Parkway, Austin, TX 78717.

Submit all materials for pre-qualification at no cost to the Department.

5.3. Evaluation. CST/M&P will notify prospective bidders and suppliers after completion of material evaluation.

5.3.1. Qualification. If approved for Department use, CST/M&P will add the material to the MPL.

Report changes in the composition or in the manufacturing process of any material to CST/M&P. Significant changes reported by the producer, as determined by the Director of CST/M&P, may require a re-evaluation of performance. The Department reserves the right to conduct whatever tests it deems necessary to identify a pre-qualified material and determine if there is a change in the composition, manufacturing process, or quality that may affect its durability or performance. In case of variance, the Department’s tests will govern.

5.3.2. Failure. Producers not qualified under this Specification may not furnish materials for use on Department projects.

Producers failing to qualify may submit a request for re-evaluation after 1 month has elapsed from the date of the original request. CST/M&P may modify this time limit at its discretion. In the request for re-evaluation, document the cause of the issue and corrective action taken.

The Department normally bears the costs of sampling and testing; however, the producer will bear the costs associated with materials failing to conform to the requirements of this Specification. The Director of CST/M&P will assess this cost at the time of testing, and amounts due will be billed to the producer.

5.4. Quality Monitoring Requirements. Materials in the QMP are pre-qualified every year. The pre-qualification period is from July 1 to June 30. During each pre-qualification period, the producer must provide a quality monitoring (QM) sample and monthly quality control (QC) testing reports.

5.4.1. QM Sample. The producer must submit a sample of each pre-qualified material every pre-qualification period to CST/M&P for testing. To allow sufficient time for testing, submit sample at least one month before the beginning of the pre-qualification period. Any material not submitted on time may be delayed in posting on the MPL.

5.4.2. QC Testing Reports. The Department requires that all producers in the QMP perform QC testing on their material. Testing is required for every material that is pre-qualified under the QMP.

Submit QC testing reports to CST/M&P twice per pre-qualification period. The report must reflect the test data from each batch of pre-qualified de-icer regardless of the destination of the material. The monthly report must contain the following information:

type of de-icer, date of manufacture, batch number, and

QM test results.

Producers should submit reports by the first business day of the months of October and January. If there was no pre-qualified material produced for a particular month, the producer must submit a report stating there was no production of the material.

Construction Division 3 – 6 Effective Date: October 2017

5.5. Periodic Evaluation. The Department reserves the right to conduct random sampling and testing of pre-qualified materials to verify performance and Specification compliance, to perform random audits of documentation, and to inspect and approve the QC testing laboratory to ensure that all equipment and test procedures meet the applicable criteria. Department representatives may sample material from manufacturing plants or the project site. Producers should maintain a complete record of all test reports for the previous and current calendar year.

Failure of materials to comply with the requirements of this Specification as a result of periodic evaluation may be cause for removal of those materials from the MPL. In case of variance, the Department’s tests will govern.

5.6. Disqualification. Causes for disqualification and removal from the MPL and QMP may include, but are not limited to:

falsification of documentation, producer fails to report any change in material composition or manufacturing process to CST/M&P, producer fails to properly submit complete QC testing reports or QM samples to CST/M&P;

material fails to meet the requirements of this Specification as a result of periodic evaluation, or producer has unpaid charges for failing samples.

Disqualification will only apply to the de-icer type corresponding to the infraction.

CST/M&P will remove disqualified producers from the MPL and will not allow submission of material for re-qualification for 6 months, or at the discretion of the Department.

5.7. Re-Qualification. Once the disqualification period established by CST/M&P has elapsed, producers disqualified and removed from the MPL may begin the re-qualification process by submitting a request in accordance with Section 5.1, including a test report with data certifying that the de-icer meets the material requirements of this Specification and additional documentation identifying the cause of the problem and corrective action taken. The re-qualification process will then follow all subsequent Sections of Article 5.

The Department normally bears the costs of sampling and testing; however, the disqualified producer will bear the costs associated with re-qualification. The Director of CST/M&P will assess this cost at the time of re-evaluation, and amounts due will be billed to the producer.

6. MATERIAL REQUIREMENTS

6.1. Anti-Icer (Chloride Based).

6.1.1. General Requirements. The chloride-based anti-icer with corrosion-inhibiting material must be active at an ambient temperature of -15°C (5°F) or lower. If active at this temperature, the de-icer/anti-icer will melt ice on roadways and bridges. The solid chloride-based product must be in a free-flowing, usable condition when received.

Unless otherwise noted, the Department will allow appropriate industry-accepted methods of wet titration and instrumental testing.

Construction Division 4 – 6 Effective Date: October 2017

6.1.2. Chemical Requirements.

Table 1 Chemical Requirements

Property Requirement

Magnesium chloride concentration for liquid products

Solid chloride-based product (mixture of calcium, magnesium, potassium, and sodium chloride), total % of the salts

26–30%

92%

Total phosphates, “Standard Methods for the Examination of Water and Waste Water,” APHA-AWWA-WPCF

2,500 ppm Max

Cyanide 0.20 ppm Max

Chromium 0.5 ppm Max

Cadmium 0.15 ppm Max

Sulfate 0.7 Max

6.1.3. Physical Requirements.

Table 2 Physical Requirements

Property Requirement pH, ASTM E 70–901 6–9

Specific gravity 1.24–1.28 (Liquids)

Particle size, ASTM C 1362, (% by weight) retained on sieve size

0.75 in. (19 mm) 0

0.25 in. (6.3 mm) 30 Max

No. 8 (2.36 mm) 70 Max

Corrosive property, Tex-624-J 70% less corrosive than NaCl

Frictional analysis, per PNS specification 0.3 Min

Settleable solids and solidification, Tex-625-J 1% Max

1. Except a dilution must be made of 1 part de-icer to 4 parts distilled/de-ionized water before reading

2. Sample must not be moistened, as directed ASTM C 136, Section 4.1.

6.2. Sodium Chloride (De-Icing Salt).

6.2.1. General Requirements. The sodium chloride may be obtained from either natural deposits (rock salt) or produced artificially (evaporated, solar, or other salt). The material must be in a free-flowing, usable condition when received. There are two types: Type I is rock salt for broadcasting, and Type II is salt for making brine.

The material supplied must not have constituents that would cause residual waste to meet the definition of a hazardous waste, as found in 40 CFR 261.

6.2.2. Chemical Requirements.

Table 3 Chemical Requirements

Property Requirement

Chlorides, as NaCl, (% by weight), ASTM D 6321 , Paragraph A1 94.5 Min

Sulfate, % 0.7 Max

1. Grind at least a 20-g portion of the reduced sample to pass a No. 50 (300 mm) standard sieve. Use 2 mL (0.068 fl. oz.) potassium chromate instead of 3 mL (0.10 fl. oz.)

Construction Division 5 – 6 Effective Date: October 2017

6.2.3. Physical Requirements.

Table 4 Physical Requirements

Property Requirement

Particle size, ASTM C 136, (% by weight) retained on sieve size Type I Type II

0.2665 in. (6.7mm) 20 Max 20 Max

No. 8 (2.36 mm) 50–95 50–95

No. 30 (600 µm) 90 Min 90 Min

Insoluble Particles, ASTM E534, % --- <0.5

1. Sample must not be moistened as directed in ASTM C 136, Section 4.1.

7. DELIVERY AND EQUIPMENT

The vendor is responsible for assuring delivery and complete transfer of the material through properly calibrated metered pumps for liquids or certified scales for solids and for all necessary equipment to transfer the material to existing storage facilities.

The product, including corrosion inhibitor, must be completed at the original manufacturing plant location.

Post-adding of corrosion inhibitors or any other ingredients and splash mixing is not allowed.

8. PACKAGING AND LABELING

Package material as stated in the invitation to bid. Packaging must protect material from moisture under normal storage conditions and must permit safe dispensing under a variety of storage and weather conditions.

A bill of lading with the following information must accompany each shipment:

product name, supplier, producer, and destination;

total weight of delivery (certified scale ticket):

lot number of products being delivered (number must enable purchaser to track a delivered product back to its manufacture point, date of manufacture, and specific batch); and shipper information, including the name of the shipping company; tank, trailer, or rail car number; and point and date of origin.

Upon delivery of a purchased shipment to the Department, include the following documentation:

current, clearly legible Safety Data Sheet (SDS);

clear documentation of material percent concentration of magnesium chloride;

application rate table that clearly states the producer-/vendor-/supplier-recommended rate for the various conditions of use at the place of delivery;

shipper information, including the name of the shipping company; tank, trailer, or rail car number; and point and date of origin;

shelf life of material;

friction analysis report on all products (Any certified lab that is set up to run the test as a function of humidity and for the type of roadway [asphalt or concrete] specified may perform the test. Required information includes hard data, graphical analysis, and a write-up about the product, typically with comparison information.);

information on how low temperatures will affect storage of liquid material;

clear documentation on proper storage; and certification that any chloride-based anti-icer supplied meets test methods SHRP-H-205.2 for effectiveness (Strategic Highway Research Program Handbook of De-Icer Test Methods).

Construction Division 6 – 6 Effective Date: October 2017

9. ARCHIVED VERSIONS

Archived versions are available.

Revised: September 27, 2023

1 - 1

TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601440000042616

Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts Respondent shall fill out the appropriate information, sign and return the schedule.

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Any response submitted under this solicitation shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the response.

Respondents meeting the ownership must complete the following:

XXX-XX-

Name Social Security Number

XXX-XX-

Name Social Security Number

XXX-XX

Name Social Security Number

If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule.

This Schedule is not applicable

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

Signature

Title

THIS PAGE MUST BE RETURNED WITH THE RESPONSE. FAILURE TO SIGN AND RETURN THIS

PAGE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

Revised October 2023 i

TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

TABLE OF CONTENTS

PART 1. INTRODUCTION

1.01 GENERAL

1.02 STATUTORY AUTHORITY

1.03 TITLE VI ASSURANCE

1.04 ENVIRONMENTAL IMPACT

1.05 COMPLIANCE WITH LAWS

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

2.02 RESPONSE SUBMISSIONS

2.03 PRICING

2.04 ADA CONSIDERATIONS AND NOTIFICATION

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

2.07 DETERMINING AWARD

2.08 PREFERENCES

2.09 DELIVERY

2.10 INSPECTIONS AND TESTS

2.11 VENDOR PERFORMANCE

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS

3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS

3.03 GRATUITIES

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED

3.05 ANTITRUST LAWS

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES

3.07 COLLUSION

3.08 INELIGIBILITY UNDER FAMILY CODE

3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR

3.10 DEBT TO THE STATE

3.11 RESPONDENT ELIGIBILITY

3.12 NEPOTISM DISCLOSURE

3.13 BOYCOTTING ISRAEL

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT

3.15 ANTI-TERRORISM OR TERRORIST ORGANIZATION PROHIBITED

3.16 CONTRACTING INFORMATION RESPONSIBILITIES

3.17 HUMAN TRAFFICKING PROHIBITION

3.18 NO CONFLICTS OF INTEREST

3.19 COVID VACCINE PASSPORTS

3.20 FIREARM AND AMMUNITION DISCRIMINATION

3.21 LONE STAR INFRASTRUCTURE PROTECTION ACT

3.22 BOYCOTTING ENERGY COMPANIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING

4.04 PAYMENT

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4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.07 CYBER SECURITY TRAINING

4.08 SITE VISITS

4.09 NON-WAIVER OF RIGHTS

4.10 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

4.11 VENUE AND JURISDICTION; APPLICABLE LAW

4.12 VENDOR ASSIGNMENTS

4.13 FORCE MAJEURE

4.14 RIGHT TO AUDIT

4.15 INDEMNIFICATION

4.16 DAMAGE TO TXDOT PROPERTY

4.17 PUBLIC INFORMATION ACT AND CONFIDENTIALITY

4.18 BUY TEXAS

4.19 COMPETENCE OF VENDOR

4.20 CORRECTIONS TO WORK

4.21 IT SERVICE CONTRACTS SECURITY

4.22 NOTICES

4.23 PUBLIC DISCLOSURE

4.24 DISASTER RECOVERY PLAN

PART 5. INSURANCE

5.01 PRIOR TO CONTRACT AWARD

5.02 DURING TERM OF CONTRACT

5.03 WAIVER OF SUBROGATION ENDORSEMENT

5.04 WORKERS’ COMPENSATION INSURANCE

5.05 WORKERS’ COMPENSATION INSURANCE FOR BUILDING AND CONSTRUCTION

SERVICES

5.06 COMMERCIAL GENERAL LIABILITY INSURANCE

5.07 COMMERCIAL AUTOMOBILE POLICY

PART 6. VENDOR PERSONNEL MANAGEMENT

6.01 INDEPENDENT CONTRACTOR

6.02 ALCOHOL, DRUG, AND SMOKE-FREE WORKPLACE

6.03 REPLACEMENT OF PERSONNEL

6.04 LABOR/MATERIAL/EQUIPMENT

6.05 ENGLISH-SPEAKING STAFF

6.06 FELONY CRIMINAL CONVICTIONS

6.07 SUBCONTRACTING REQUIREMENTS

6.08 PAYMENT OF SUBCONTRACTORS

6.09 VENDOR TITLE VI AFFIRMATIONS

6.10 E-VERIFY

PART 7. DISPUTE RESOLUTION

7.01 DISPUTE RESOLUTION

PART 8. CONTRACT TERMS

8.01 TERM OF CONTRACT

8.02 ORDER OF PRECEDENCE

8.03 TERMINATION OF A CONTRACT

8.04 REMEDIES

8.05 SALE OR ASSIGNMENT

8.06 RENEWAL OF CONTRACT

8.07 EXTENSION OF CONTRACTS

8.08 SEVERABILITY CLAUSE

8.09 AMENDING THE CONTRACT

iii

8.10 THIRD-PARTY BENEFICIARIES

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

APPENDIX B

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TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

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(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

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

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter F. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

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(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

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2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental body through an open records request. Therefore, respondent must clearly identify in the response any confidential or proprietary information. Proprietary information identified by respondent in the response will be kept confidential by TxDOT to the extent permitted by state law. TxDOT will use best efforts to give respondent or vendor an opportunity to present to the Office of the Attorney General its arguments for non-disclosure of its identified confidential or proprietary information.

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

(a) Any alterations to a response made before the opening date and time must be initialed by respondent or authorized agent. Response cannot be altered or amended after the opening date and time.

(b) A response may be withdrawn if requested in writing prior to the opening or closing date and time.

A response may be withdrawn from consideration after the opening date only with the approval of TxDOT based on respondent’s written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to the response information confidentiality provision referenced in §2.05 (c).

2.07 DETERMINING AWARD: A response to a solicitation is an offer to contract with TxDOT based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until they are accepted through an authorized TxDOT designee by issuance of a contract. In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations, unless otherwise stated in the solicitation.

(a) BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES: When specified in the solicitation, the factors listed in Government Code §2155.074 will be considered in making a best value award. This section allows TxDOT to apply best value criteria to obtain goods and services that provide the best value for TxDOT. Under these guidelines, a respondent is not automatically awarded a contract if they submit the lowest bid response.