ESBD_File_347905_802-24-45108_Milled Fish Food.pdf

INVITATION FOR BID

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

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

Purchasing.BidBox@tpwd.texas.gov, Or return to:

TPWD - Purchasing and Contracting

4200 Smith School Road Austin, Texas 78744

BIDS DUE 2:00 PM January 30, 2024

REQUISITION NO. 802-24-45108

Page ____1___ of ____27______

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

FAILURE TO MANUALLY SIGN THE BID ABOVE WILL DISQUALIFY BID.

AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 325-28 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is seeking to establish a blanket contract for milled Fish Feed for TPWD Hatcheries.

Initial order: One hundred sixty-six thousand five hundred pounds (166,500 lb.) of milled fish food per the attached specifications dated January 2024. Delivery must be made to each location as specified herein by no later than March 1, 2024.

Additional orders to be placed on an ‘as needed’ basis as requested by TPWD. This blanket contract will be terminated when a term contract is awarded by Comptroller Statewide Procurement Division (SPD).

Freight Charges: Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling, fuel surcharges and delivery fees to the locations on each line item and as referenced in Section 9, c).

Initial Order:

1.

Fish Food, Milled, Catfish, Floating, Size: 3/16 inch for the A.E.

Wood Fish Hatchery in San Marcos, TX.

Time required for delivery after receipt of order (ARO) _________

24,000

LB.

2.

Fish Food, Milled, Catfish, Floating, Size: 3/16 inch to be delivered to Possum Kingdom Fish Hatchery in Graford, TX

Time required for delivery after receipt of order (ARO)__________

16,000

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

AUTHORIZED SIGNATURE DATE

SHOW BID OPENING

DATE AND REQUISITION

NUMBER ON SEALED BID

ENVELOPE AND SHOW

RETURN ADDRESS OF FIRM

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

See Specifications Section 9, c)

See instructions for Texas ID Number in General Terms & Conditions Bidder Must Fill in

TEXAS ID NUMBER

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

Email address mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-24-45108 Page 2 of 27

IFB_Goods_042023

3.

Fish Food, Milled, Catfish, Floating, Size: 3/16 inch to be delivered to John D. Parker East Texas State Fish Hatchery in Brookeland, TX 75931

Time required for delivery after receipt of order (ARO)________

10,000

4.

Fish Food, Milled, Catfish, Floating, Size: 1/16 inch for Possum Kingdom Fish Hatchery in Graford, TX

2,000

5.

Fish Food, Milled, Catfish, Floating, Size 1/8 inch for A.E. Wood Fish Hatchery in San Marcos, TX.

4,000

LB

6.

Fish Food, Milled, Sinking Pellet, Catfish, Brood Stock, Size: 3/8 Inch for John D. Parker East Texas State Fish Hatchery in

7.

Fish Food, Milled, Coarse Crumbles, No. 4 Granule for A.E. Wood Fish Hatchery in San Marcos, TX.

10,000

8.

Fish Food, Milled, Coarse Crumbles, No. 4 Granule for Possum Kingdom Fish Hatchery in Graford, TX.

24,000

9.

Fish Food, Milled, Coarse Crumbles, No. 4 Granule for Texas Freshwater Fisheries Center in Athens, TX.

10.

Fish Food, Milled, Coarse Crumbles, No. 4 Granule for John D.

Parker East Texas State Fish Hatchery in Brookeland, TX.

6,000

11.

Fish Food, Milled, Salmon Ration, High Protein, No. 0 Starter, US Screen Size 30-40 for A.E. Wood Fish Hatchery in San Marcos, TX.

IFB No. 802-24-45108 Page 3 of 27

12.

Screen Size 30-40 for Possum Kingdom Fish Hatchery in Graford, TX.

13.

Screen Size 30-40 for Sea Center Texas in Lake Jackson, TX.

7,500

14.

Fish Food, Milled, Salmon Ration, High Protein, No. 1 Granule, US Screen Size 20-30 for Possum Kingdom Fish Hatchery in Graford, TX.

15.

US Screen Size 20-30 for John D. Parker East Texas State Fish Hatchery in Brookeland, TX 75931

16.

US Screen Size 20-30 for A.E. Wood Fish Hatchery in San Marcos, TX.

17.

US Screen Size 20-30 for Sea Center Texas in Lake Jackson, TX

8,000

18.

Fish Food, Milled, Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for Possum Kingdom Fish Hatchery in Graford, TX.

12,000

19.

US Screen Size 14-18 for John D. Parker East Texas State Fish Hatchery in Brookeland, TX 75931

IFB No. 802-24-45108 Page 4 of 27

20.

US Screen Size 14-18 for A.E. Wood Fish Hatchery in San

21.

US Screen Size 14-18 for Sea Center Texas in Lake Jackson, TX

9,000

22.

Fish Food, Milled, Salmon Ration, High Protein, No. 3 Granule, US Screen Size 12-14 for A.E. Wood Fish Hatchery in San

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES

See Appendix 22 of the State of Texas Procurement and Contract Management Guide regarding preferences.

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

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

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

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

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

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

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

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

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

Christina M. Brown, CTCM / CTCD - PHONE 903-920-2185 Email: purchasing.bidbox@tpwd.texas.gov mailto:purchasing.bidbox@tpwd.texas.gov

IFB No. 802-24-45108 Page 5 of 27

Solicitation 802-24-TBD Specifications for Milled Fish Food

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is seeking to establish a blanket contract for Milled Fish Feed for TPWD Hatcheries.

Initial order one hundred sixty-six thousand five hundred pounds (166,500 lb.) of milled fish food per the attached specifications dated January 2024. Delivery must be made to each location as specified herein by no later than March 1, 2024.

2) Term of Contract: Contract shall commence upon date of award and continue through August 31, 2024, unless sooner terminated under the terms of contract. Initial order shall be delivered no later than March 1, 2024.

a) Short Term Blanket Contract: It is TPWD’s intent to award a short-term blanket contract to ensure fish feed is available as needed for TPWD hatcheries. This contract will be terminated when the Comptroller’s Statewide Procurement Division awards a term contract to cover these products.

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

c) The contract shall terminate upon full performance of all requirements contained in this contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3) INITIAL ORDER SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

a) Line 1: Fish Food, Milled, Catfish, Floating, Size: 3/16 Inch – for A.E. Wood Fish Hatchery in San Marcos, TX

i) Quantity: Twenty-four thousand pounds (24,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

vi) Digestible Energy Minimum: 3.0 kcal/g

b) Line 2: Fish Food, Milled, Catfish, Floating, Size: 3/16 Inch for Possum Kingdom Fish Hatchery in Graford, TX

i) Quantity: Sixteen thousand pounds (16,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

c) Line 3: Fish Food, Milled, Catfish, Floating, Size: 3/16 Inch for John D. Parker East Texas State Fish Hatchery in Brookeland, Texas

IFB No. 802-24-45108 Page 6 of 27

i) Quantity: Ten thousand pounds (10,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

d) Line 4: Fish Food, Milled, Catfish, Floating, Size: 1/16 inch for Possum Kingdom Fish Hatchery in

Graford, Texas

i) Quantity: Two thousand pounds (2,000 lb.)

ii) Protein Minimum: thirty two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

e) Line 5: Fish Food, Milled, Catfish, Floating, Size 1/8 inch for A.E. Wood Fish Hatchery in San Marcos, Texas

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

f) Line 6: Fish Food, Milled, Sinking Pellet, Catfish, Brood Stock, Size 3/8 inch for John D. Parker East Texas State Fish Hatchery in Brookeland, Texas

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Thirty-six percent (36%)

(1) Protein Base Minimum: Fish Meal ten percent (10%)

iii) Crude Fat Minimum: Four percent (4%)

iv) Ash Maximum: Ten percent (10%)

v) Digestible Energy Minimum: 3.0 kcal/g

g) Line 7: Fish Food, Milled, Coarse Crumbles, No. 4 Granule for A.E. Wood Fish Hatchery in San

Marcos, Texas

i) Quantity: Ten thousand pounds (10,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

vi) Digestible Energy Minimum: 3.0 kcal/g

vii) Eighty five percent (85%) of milled fish food must pass through a No. 7 screen (2.80 mm) and be retained by a No. 12 screen (1.70 mm)

(1) Less than ten percent (10%) of the product may be under size:

(a) Five pounds (5 lb.) through a No. 12 screen (1.70 mm)

(b) Five pounds (5 lb.) or less per Fifty-pound (50 lb.) bag

h) Line 8: Fish Food, Milled, Coarse Crumbles, No. 4 Granule for Possum Kingdom Fish Hatchery in

Graford, TX

i) Quantity: Twenty-four thousand pounds (24,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

IFB No. 802-24-45108 Page 7 of 27

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

vi) Digestible Energy Minimum: 3.0 kcal/g

vii) Eighty five percent (85%) of milled fish food must pass through a No. 7 screen (2.80 mm) and be retained by a No. 12 screen (1.70 mm)

(1) Less than ten percent (10%) of the product may be under size:

i) Line 9: Fish Food, Milled, Coarse Crumbles, No. 4 Granule for Texas Freshwater Fisheries Center in Athens, Texas

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

vi) Digestible Energy Minimum: 3.0 kcal/g

vii) Eighty five percent (85%) of milled fish food must pass through a No. 7 screen (2.80 mm) and be retained by a No. 12 screen (1.70 mm)

(1) Less than ten percent (10%) of the product may be under size:

j) Line 10: Fish Food, Milled, Coarse Crumbles, No. 4 Granule for East Texas Fish Hatchery in

Brookeland, Texas

i) Quantity: Six thousand pounds (6,000 lb.)

ii) Protein Minimum: Thirty-two percent (32%)

iii) Crude Fat Minimum: Six percent (6%)

iv) Crude Fiber Maximum: Six percent (6%)

v) Ash Maximum: Ten percent (10%)

vi) Digestible Energy Minimum: 3.0 kcal/g

vii) Eighty five percent (85%) of milled fish food must pass through a No. 7 screen (2.80 mm) and be retained by a No. 12 screen (1.70 mm)

(1) Less than ten percent (10%) of the product may be under size:

k) Line 11: Fish Food, Milled, Salmon Ration, High Protein, No. 0 Starter, US Screen Size 30-40 for

A.E. Wood Fish Hatchery in San Marcos, Texas

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

iv) Crude Fiber Maximum: Three percent (3%)

v) Ash Maximum: Twelve percent (12%)

l) Line 12: Fish Food, Milled, Salmon Ration, High Protein, No. 0 Starter, US Screen Size 30-40 for

Possum Kingdom Fish Hatchery in Graford, TX

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

IFB No. 802-24-45108 Page 8 of 27

m) Line 13: Fish Food, Milled, Salmon Ration, High Protein, No. 0 Starter, US Screen Size 30-40 for

Sea Center Texas in Lake Jackson, TX.

i) Quantity: Seven thousand five hundred pounds (7,500 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

n) Line 14: Fish Food, Milled Salmon Ration, High Protein, No. 1 Granule, US Screen Size 20-30 for

Possum Kingdom Fish Hatchery in Graford, Texas

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

o) Line 15: Fish Food, Milled Salmon Ration, High Protein, No. 1 Granule, US Screen Size 20-30 for John D. Parker East Texas State Fish Hatchery in Brookeland, Texas

i) Quantity: Two thousand pounds (2,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

p) Line 16: Fish Food, Milled Salmon Ration, High Protein, No. 1 Granule, US Screen Size 20-30 for A.E. Wood Fish Hatchery in San Marcos, TX

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

q) Line 17: Fish Food, Milled Salmon Ration, High Protein, No. 1 Granule, US Screen Size 20-30 for Sea Center Texas in Lake Jackson, TX

i) Quantity: Eight thousand pounds (8,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

r) Line 18: Fish Food, Milled Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for Possum Kingdom Fish Hatchery in Graford, Texas

IFB No. 802-24-45108 Page 9 of 27

i) Quantity: Twelve thousand pounds (12,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

s) Line 19: Fish Food, Milled Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for Possum John D. Parker East Texas State Fish Hatchery in Brookeland, TX

i) Quantity: Two thousand pounds (2,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

t) Line 20: Fish Food, Milled Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for

i) Quantity: Four thousand pounds (4,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

u) Line 21: Fish Food, Milled Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for

Sea Center Texas in Lake Jackson, TX

i) Quantity: Nine thousand pounds (9,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

v) Line 22: Fish Food, Milled Salmon Ration, High Protein, No. 2 Granule, US Screen Size 14-18 for

i) Quantity: Two thousand pounds (2,000 lb.)

ii) Protein Minimum: Fifty percent (50%)

(1) Protein Base Minimum: Marine fish meal sixty percent (60%)

iii) Crude Fat Minimum: Fourteen percent (14%)

4) PACKAGING AND LABELING: Lines 1 – 22:

a) For lines 1 – 22: Milled Feed - bags must arrive on wooden pallets. Pallets will not be returned and will become property of TPWD upon delivery. Each pallet must have a plastic pallet cover and be double shrink wrapped and be able to be stacked to a maximum height of six feet.

b) Must be packaged in fifty-pound (50 lb.) capacity plastic bags, and label must reflect the contents, feed type and size, and guaranteed analysis of the product and mill date.

IFB No. 802-24-45108 Page 10 of 27

5) QUANTITIES AND FUTURE ORDERS:

a) Quantities listed are for the initial order. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints.

b) Future orders will be placed on an ‘as needed’ basis by issuing a Purchase Order against the blanket contract resulting from this solicitation.

c) Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds. TPWD will only pay for actual goods received or services performed.

6) ADDITIONAL PRODUCTS: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide additional products, provided that such additional products are within the original scope and intent of the contract. In such cases, the contractor shall provide a written quotation for the additional items. TPWD Procurement section will execute an amendment for additional products, no additional products shall be delivered without a fully executed amendment to the contract.

7) REQUIREMENTS:

a) Feed must be produced in Respondent's own mill and Respondent must provide a letter with its response to confirm they are the manufactured of the milled fish food. Responses submitted by a distributor will not be considered for evaluation and award.

b) Feed must include a vitamin pack containing Vitamin A, Vitamin B (Thiamin, Riboflavin, Niacin, Pantothenic Acid, Pyridoxine B6, Folic Acid, and Choline), Vitamin C, Vitamin D, and Vitamin E.

c) Feed must include a mineral pack containing Cobalt, Magnesium, Manganese, Phosphorus, Selenium, and Zinc.

d) Feed must contain only small amounts of preservatives.

e) Feed must be well dried, ground and mixed, then processed through an extruder.

f) The Contractor must provide their best quality good and contain the guaranteed analysis as specified.

g) Milled food must not be burned.

h) Feed must not have fines (feed particles too small to be consumed by the fish) exceeding five percent (5%) by weight.

i) Feed must not contain contaminating particles such as feathers, rocks or gravel, clumps of un-pelleted fines, or metal objects.

j) Mold inhibitor to be used at a safe level to ensure no mold growth over a three (3) month period in hot and humid conditions.

k) The specified pellet sizes outlined in each line item are for the finished size and not the die size after extrusion and drying.

8) SAMPLE TESTING – POST AWARD: TPWD Reserves the right to perform random sample testing on milled food as specified herein. The sample will be up to one half pound (1/2 lb.) from each shipment or lot. The sample(s) must conform to the item specifications of this IFB. The sample will be analyzed at an independent

IFB No. 802-24-45108 Page 11 of 27 fish nutrition laboratory. A sample not conforming to the specifications will be rejected and will be communicated to the Contractor in writing. Reference Section 9, e) Compliant Products.

9) WARRANTY REQUIREMENTS/ REPLACEMENT GAURANTEE: Product proposed is to be warrantied against defects in manufacturing and products used in the manufacturing process. The warranty will run for entire life of this contract from the date the product is inspected and accepted by TPWD. If not time or specific protocol for acceptance is specified elsewhere, items are presumed accepted ten (10) working days after receipt.

10) DELIVERY AND ACCEPTANCE:

a) Freight Charges: Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling, fuel surcharges and delivery fees to the locations referenced in Section 9, c).

b) Delivery Schedule: Bidder shall furnish a delivery schedule for each line item as to the time required for delivery after the receipt of order (ARO) under normal conditions. Delivery Days means calendar days unless otherwise specified. Failure to state delivery time may result in disqualification of bid. The proposed number of delivery days after receipt of order (ARO) may be considered in the evaluation for award.

i) The preferred number of delivery days is as soon as possible after receipt of order, but no later than

March 1, 2024. Delivery hours shall be between the hours of 8:00 AM to 4:00 PM Central Time.

Prior approval is required by TPWD for afterhours deliveries. In the event TPWD approves after hours deliveries, Contractor may not invoice any additional charges for that delivery.

(1) Delivery vehicle: Trailer, van type, loading level height shall not exceed forty-six inches (46”) to forty-eight inches (48”) for off-loading of feed.

(2) Flatbed delivery trailers, if applicable, shall provide weather protection.

ii) Vendor must contact TPWD point of contact to schedule delivery date and time. Vendor shall provide one (1) week notice prior to delivery.

c) Initial Order Delivery Addresses:

i) Lines 1, 5, 7,11, 16, 20, and 22

A.E. Wood State Fish Hatchery 507 Staples Road San Marcos, TX 78666

ii) Lines 2, 4,8,12,14, and 18:

Possum Kingdom Fish Hatchery

401 Red Bluff Road Graford, TX 76449

iii) Line 9:

Texas Freshwater Fisheries Center

5550 FM2495

Athens, TX 75752

iv) Lines 3, 6, 10, 15, and 19:

John D. Parker East Texas State Fish Hatchery 900 County Road 218

v) Lines 13, 17, 21:

Sea Center Texas

IFB No. 802-24-45108 Page 12 of 27

302 Medical Drive Lake Jackson, TX 77566

d) Delivery Delays: If delay is foreseen, Contractor shall give written notice to TPWD and must keep

TPWD advised at all times of status of order. Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes TPWD to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

e) Compliant Products: Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery. Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.

i) Warranty Requirements / Replacement Guarantee: Product proposed is to be warrantied against defects in manufacturing and products used in the manufacturing process. The warranty will run for the entire life of this contract from date the product is inspected and accepted by TPWD. If no time or specific protocol for acceptance is specified elsewhere, items are presumed accepted ten (10) working days after receipt.

(1) Contractor must guarantee replacement of improperly manufactured products due to defective materials or product.

(2) Replacements must be processed and received by TPWD within two (2) weeks of written notification.

(3) Contractor shall provide replacement at no cost to TPWD, to include any shipping required to return the product if necessary.

(4) Contractor shall replace the product with new product or refund the full purchase price of the product at the sole discretion of TPWD.

f) Acceptance: All orders will be subject to inspection and / or testing upon receipt. Contractor shall be notified within this time frame of any items on in compliance with the purchase order specifications.

11) INQUIRIES:

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

Christina M. Brown, Purchaser Phone 903-920-2185 Texas Parks & Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 78744 Purchasing.BidBox@tpwd.texas.gov

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

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

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

IFB No. 802-24-45108 Page 13 of 27

12) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

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

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

iii) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, or hand delivered.

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

v) Respondents are responsible for all costs of bid preparation.

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

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

ii) Brand Name/Model: Respondents to specify Brand/Model of quoted product. Failure to take exception to specifications or referenced data will require Respondent to furnish specified brand name and model, etc. (Respondent may be required to submit product spec sheets and/ or other documentation prior to award.)

iii) Descriptive Literature: Respondent should provide descriptive literature (product specification sheets) with response submission. Literature to address all salient characteristics, and clearly document that the offered product meets salient characteristics stated in the specifications. (Note: Respondent may be required to submit product specification sheets and/ or other documentation prior to award.)

iv) Delivery Time: Respondent to specify delivery time from receipt of TPWD order.

c) Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date.

No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

13) EVALUATION AND AWARD:

a) 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.

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

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

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

IFB No. 802-24-45108 Page 14 of 27

i) Lowest Price

ii) Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

iii) Delivery / Service Schedule

iv) Past Performance

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

a) Contractor to submit invoice(s) to: Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

b) Invoices must show:

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

ii) Name of receiving entity

iii) Contract/purchase order number

iv) Description, quantity, unit of measure, unit price, extended price of each item

v) Total price

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

vii) Attach supporting documentation, if required

c) Payment:

i) Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

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

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

d) Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-

389-4833 for additional information.

15) BIDDER AFFIRMATION

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

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

IFB No. 802-24-45108 Page 15 of 27

GENERAL TERMS AND CONDITIONS

MARCH 2022

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

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

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

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

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

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

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

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

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

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

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

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

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

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

2. SPECIFICATIONS:

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

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

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

http://www.txsmartbuy.com/esbd

IFB No. 802-24-45108 Page 16 of 27

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

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

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

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

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

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

3.3.3. Effect of the proposed solution on agency productivity.

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

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

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

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

http://www.txsmartbuy.com/vpts

IFB No. 802-24-45108 Page 17 of 27

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

6. DELIVERY:

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

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

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

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

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

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information

IFB No. 802-24-45108 Page 18 of 27 and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

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

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

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

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

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

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

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

14. DISPUTE RESOLUTION:

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

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

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

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

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend…