ESBD_File_346415_SOW IW172042.docx

R4201637 Scope:

The Texas Department of Criminal Justice is seeking bids to establish a contract for the delivery of bulk DEF.

Evaluation and Award:

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

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

Bidder Qualifications:

Bidders shall, at TDCJ’s request, furnish satisfactory evidence of their ability to furnish products and/or services in accordance with the terms and conditions of this specification. TDCJ reserves the right to make the final determination as to the bidder’s ability/qualification.

A bid received from a company with documented unsatisfactory performance or unresolved problems in the TDCJ fleet may not be considered for award.

Term:

Initial contract period shall be from date of award through August 31, 2024.

The contract may be renewed for four (4) additional one (1) year periods. Both parties shall agree to renew in writing prior to contract expiration. If renewed, each renewal year shall expire on August 31. A renewed contract shall be for the original terms and conditions, with the exception of gallons and unit cost, plus any approved changes. Gallons may be increased by any amount. The unit cost will be changed to a projected cost per gallon for the renewal time period. The vendor will be notified in writing of any additional quantity (ies) required.

Renewal periods shall be as follows:

1st renewal - September 1, 2024 through August 31, 2025 2nd renewal - September 1, 2025 through August 31, 2026 3rd renewal - September 1, 2026 through August 31, 2027 4th renewal - September 1, 2027 through August 31, 2028

Pricing Structure:

Price Adjustments

Price Increase Requests Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the contract, price increases may be requested based upon changes in an approved manufacturer’s price list. Any request that does not include the calculation indicated above or sufficient supporting documentation will not be considered. As stated above, if no manufacturer’s price list was accepted by CPA before Contract award, no increase is permitted. CPA may accept, reject, or negotiate increases within 30 calendar days after receipt of a complete, properly submitted request. The Contractor will receive written notification from SCM documenting action taken, to include effective dates when appropriate. If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders issued by the Customer dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the price reflected on the order.

Specifications:

DEF should be American Petroleum Institute (API) Certified and meet International organization for Standardization (SO) 22241 specifications (most recent issue). Product must be produced, stored, and handled in accordance with these standards, and must be packaged using DEF-dedicated equipment to eliminate the potential for cross-contamination. High-quality uera must be premised only with pure water to meet DEF fluid properties. DEF shall be compatible with all diesel selective catalytic reduction (SCR) systems, non-toxic, non-hazardous, and non-flammable solution of 67.5% purified water and 32.5% pure uera (+/- 0.7).

To determine whether the proposed DEF fluid conforms to these specifications, the Agency reserves the right to test and/or inspect proposed product. If the Agency determines that the delivery does not comply with specifications herein, the Contractor will be notified via e-mail, or phone. Contractor shall have 48 hours from the time of notification to rectify the problem to the satisfaction of the Agency and/or remove the product, if circumstances dictate.

Consumption Information:

TDCJ does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the Mandatory Price Sheet are estimates only and are based upon previous usage for a four-year period, if available, along with other data. These estimates should not be construed as a minimum or a maximum quantity that Customers may order.

Ordering & Delivery Information:

TDCJ will place orders for delivery, by telephone, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding State of Texas and Federal holidays.

Vendor failure to answer and/or accept telephone orders, between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding State of Texas and Federal holidays on two or more occasions, may be grounds for contract cancellation, without further cause.

An authorized agency representative must be on site at the time of any delivery. It is mandatory that the Contractor secures both a printed name and signature of the Agency representative receiving the delivery.

All deliveries shall be made within seventy-two (72) hours after receipt of order, excluding weekends (Saturday/Sunday) and any state/federal holidays observed by the agency. Deliveries shall be during normal operating hours for the Agency, unless different parameters are mutually agreed upon, in writing, between the Contractor and Agency’s representatives.

Failure to deliver within the seventy-two (72) hour time frame on more than one occasion, may be grounds for the contract cancellation without further cause.

All gallons ordered must be delivered at the same time. No backorders will be accepted unless approved in advance by the TDCJ personnel that placed the order.

All prices shall be F.O.B. destination to the delivery location designated by the Agency. Contractor shall retain title and control of all goods until they are delivered and the delivery services as described in this document are completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

The Contractor shall be responsible for supplying pumps, hoses or other equipment necessary to appropriately pump the fluids into the storage tanks.

Contractor shall be responsible for all spillage which may occur during transit and unloading operations. Contractor shall immediately report spillage to the Agency, the appropriate fire department, and any agency with regulatory authority. Contractor shall be responsible for all associated clean-up costs to Agency’s property to include storage facilities, and equipment.

Each delivery shall be accompanied by a packing slip which itemizes the material and quantities delivered, purchase order number, and Agency facility location.

Method of Measurement

Fuel quantity shall be measured with a metered delivery truck bearing a current Texas Department of Agriculture approval seal. Where delivery trucks are not metered, or metered delivery truck bears an expired and/or illegible Texas Department of Agriculture approval seal, TDCJ’s method of measurement shall prevail.

Seal shall be marked with the month and year of approval.

Seals three years old and older are expired and will not be acceptable.

Determination of seal legibility shall be at the sole discretion of TDCJ.

TDCJ reserves the right to inspect bulkheads and to measure the contents of vendor fuel tank(s) before, during, and/or after delivery.

Invoicing:

Deliveries shall be invoiced separately and one original invoice sent to the TDCJ.

To facilitate payment, each invoice shall be itemized to indicate the TDCJ purchase order number, delivery address, date of order, quantity, correct invoicing price, product description, applicable discount (if any), vendor’s federal tax identification number and the correct contract number.

Invoices must be accompanied by a bill of lading from the refinery and include a signature from the TDCJ employee present during delivery. See section 19 for all required items on the bill of lading.

Invoices not supported by all specified document(s) will be retained, and payment held in abeyance, until the required documentation is received. Failure to supply all specified documentation, with an invoice, within five (5) working days of TDCJ’s request, may be grounds for contract cancellation without further cause.

Payment will be made within 30 calendar days from the date of TDCJ’s acceptance of the requested product(s), or the receipt of a correct invoice and applicable documentation, whichever is later.

Failure to meet any of the above invoice requirements will be grounds for denial of interest payment under Texas Government Code, Chapter 2251.

Cancellation:

The contract is subject to cancellation, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise made available.

TDCJ reserves the right to cancel the entire contract with a vendor who fails to perform in accordance with terms and conditions of the contract as offered to and accepted by TDCJ, or TDCJ’s authorized representative.

Should the vendor’s business name change, or should the vendor’s business be sold, transferred to, or assumed by a second party, written notification of the change should be provided to TDCJ, by all vendor parties involved, no later than thirty (30) calendar days from the date of change. Written notification should state the type of change, reason for change, and the Texas Comptroller of Public Accounts Payee Identification Number (PIN number) of all vendor parties involved, the Federal Employee Identification Number (FEIN) of all vendor parties involved, the legal documentation verifying the change. Failure to provide written notification of the aforementioned change(s), within thirty (30) calendar days of the change, may be grounds for contract cancellation without further cause.

NOTE: Additional documentation concerning the assignment of payments, and acceptance of assigned payments, may be required from the assignor and assignee, with a list of all affected contract numbers and requisition numbers pertaining to TDCJ.

image1.png