ESBD_File_347946_TMD24-BIL-0033181 Ready-Made or Custom-made Furniture.pdf

TEXAS MILITARY DEPARTMENT OF THE STATE OF TEXAS

SOLICITATION

Class and Item:

420-30 - Furniture, General, Custom Made 931-45 - Furniture Installation

SOLICITATION NO.

TMD24-BIL-0033181

TYPE OF SOLICITATION

Request for Proposal (RFP)

DATE ISSUED

01/17/2024

REQUEST FOR PROPOSALS (RFP) – READY-MADE OR CUSTOM-MADE FURNITURE

Respondent must submit their responses via e-mail to:

Procurement@military.texas.gov no later than 2:00 P.M. CST on 02/23/2024

FOR INFORMATION CONTACT:

Ronald L. Bullock

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-6786

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT:➔ 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:➔

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

TERM, PRICING, and FUNDING The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one year from that effective date. Additionally, the contract has three (3) one-year optional renewal periods available, which TMD solely reserves the right to exercise one optional renewal period at a time.

If necessary, at the end of the last optional renewal period, TMD may also extend the Contract for a period of six-months as described in the terms and conditions section entitled “Option to Extend Services.”

TMD may not allow changes after Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. The continuation of the contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:Procurement@military.texas.gov

ANTICIPATED SCHEDULE OF EVENTS

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

Date Time (CST) Solicitation Posted to ESBD

01/24/2024 2:00 PM Last day to submit written questions for clarification to TMD

01/31/2024 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

02/16/2024 2:00 PM Deadline for TMD to receive responses

03/15/2024 Anticipated date of Contract Award

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 mandatory PRICING SCHEDULE B.4.1 Initial Contract Term Pricing B.4.2 Optional Renewal Period Pricing

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.3 MINIMUM REQUIREMENTS

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.3 TMD’s Project Manager

C.7 LIQUIDATED DAMAGES

C.8 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.9 INSURANCE REQUIRED UNDER THE CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

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E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information E.8.2 Information Section

E.8.3 HUB SUBCONTRACTING PLAN (HSP)

E.8.4 Cost and Pricing Response

E.9 DEMONSTRATIONS

E.10 DISCUSSION AND CORRESPONDENCE

E.11 SUBMISSIONS SUBJECT TO THE Texas public information act

E.13 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

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SECTION A—DEFINITIONS

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

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

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

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

“Business Hours” means 7:00 a.m. to 5:00 p.m. Central Time.

“CFMO” means Construction and Facilities Management Office.

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

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

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

“Days” means calendar days unless otherwise specified.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Gov’t Code Ch. 437.

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

“Parties” means Contractor and TMD.

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. TMD seeks and Contractor will provide the commodities described in Section C, Statement of Work, on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the commodities requested and authorized by TMD as provided under the contract.

Respondent must offer pricing on this basis. TMD will negotiate pricing prior to award of the contract if the pricing offered appears that it may not be best value to TMD.

B. Contractor must deliver and provide the commodities in compliance with all requirements of the contract on a turnkey basis, for one lump sum firm fixed price, including maintenance for the base year, with such payment to be processed by TMD after TMD’s receipt, testing and written acceptance of the commodities.

C. Respondent must submit proposed pricing that includes all costs, fees, licenses, and expenses for Contractor’s delivery of the commodities and performance under the contract and the final negotiated, contracted pricing for the commodities will represent Contractor’s sole compensation under the contract. No minimum compensation is guaranteed under the contract. No payments may be approved or made prior to TMD’s written acceptance as provided in the contract.

D. Optional Features, Products, or Services.

Respondent is encouraged to submit and describe in detail, within its response, optional features, products, or services that would benefit TMD, but are not part of the minimum requirements of this solicitation. In its response, Respondent must describe with specificity any proposed optional features, products, or services. For pricing associated with optional items that exceed the minimum requirements, Respondent must include the line item cost associated with each proposed optional feature, product, or service in the “Optional, Features, Products, or Services” pricing portion of the Mandatory Pricing Schedule.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Respondent must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Respondent is submitting a response. This includes information Respondent believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. At a minimum, Respondent must submit a copy of at least one rating from organizations such as Dun & Bradstreet (D&B) Business Information Report or Fitch Ratings. The report must include Respondent’s Viability Score and the Portfolio Comparison Score or similar ratings.

Failure to submit copies of the required financial ratings will result in disqualification.

C. Respondent must provide information and any other financial information reasonably requested by TMD consistent with the services provided by Respondent or otherwise required by the then applicable TMD policies for similar contracts.

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D. If the Contract is awarded to Respondent, Respondent must also submit to the Contract Administrator its financial rating information within 120 days after the end of Respondent’s fiscal year.

E. TMD reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if TMD reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by TMD, that significant issues exist that could jeopardize Respondent’s full and timely performance. TMD also reserves this same right throughout the life of the Contract, including before executing any optional renewal amendment with Contractor.

B.2 INVOICE REQUIREMENTS

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

A. Contractor’s invoice must include the following:

1. the contract number;

2. remittance address; and

3. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor.

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

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78703

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

B.3 PAYMENTS

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

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

mailto:Payables@military.texas.gov

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Texas Military Department (TMD) Attn: Accounts Payable

P.O. Box 5218, Building 11 Austin, Texas 78703-5218

Reference: Contractor Set-up for Solicitation TMD24-BIL-0033181

Notes: Contact Ronald L. Bullock when completed 512-782-6786 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Substitute AP-152 Form to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment

A. Notwithstanding anything else to the contrary in the contract, TMD will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received from TMD a written Final Acceptance Document exhibit signed by TMD’s Contract Manager specifically stating that TMD accepts the commodity and Contractor is authorized to submit an invoice.

The Contract provides for progress payments for the commodities if accepted and signed for by Contract Manager. If the commodities are not accepted, the contract will involve no payments of any type for any amount.

B. Future Enhancements (Purchase Order Change Notice): Contractor must invoice TMD upon final acceptance of each completed POCN. Copies of hardware and equipment invoices, related to any POCN, will be submitted as documentation of costs. The executed POCN Acceptance Document exhibit must be submitted with the itemized invoice. Failure to include such required documentation will result in rejection of Contractor’s invoice.

C. Tex. Gov’t Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

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

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

B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in the contract.

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B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

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

B.3.3 Late Payment

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

B.3.4 Deductions for Unacceptable Compliance

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

B.3.5 Withholding of Payment

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

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

2. Failure to respond to audit reports; and

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

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

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

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

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

B.3.6 Debts and Delinquencies

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

Page 10 of 30 Approved 10/16/2021 of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies in accordance with Texas Government Code 2252.903.

B.3.7 Right to Offset

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

B.4 MANDATORY PRICING SCHEDULE

B.4.1 Initial Contract Term Pricing

Respondent must submit initial contract term pricing within the table below replicating, as necessary, in this exact format (G.3).

B.4.2 Optional Renewal Period Pricing

If Contractor is making a change to the contract pricing, Respondent must submit an optional Renewal Period Pricing within the table below, replicating, as necessary, in this exact format (G.3). Renewal Period Pricing will be submitted No Later Than (NLT) 60-days prior to renewal date. If no Renewal Period Pricing is submitted, or Renewal Period Pricing is submitted within less than 60-days from renewal date, TMD reserves the right to solely renew the contract at current contract pricing.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

TMD is seeking contractors to design, deliver, and install ready-made or custom-made hospitality furniture on an as needed basis. For the purposes of sample review/approval, all contractors must have their factory/showroom within the State of Texas.

C.2 SCOPE

A. The TMD billeting is in need of ready-made or custom-made hospitality furniture

(ATTACHMENT G.6):

1. Bed

a. Queen

b. Material – Solid Wood

c. Headboard with two (2) sliding door storage spaces on each end of headboard. Open space between sliding doors for storage (see attachment G.6).

d. Platform With Drawers – two (2)– one (1) drawer on each side, towards the foot of bed

(see attachment G.6).

e. Length:

i. Minimum 82 inches

ii. Maximum 90 inches

f. Width:

i. Minimum 62 inches

ii. Maximum 66 inches

2. ADA Bed

a. ADA Queen

b. Material - Solid Wood

c. Headboard with two (2) sliding door storage spaces on each end of headboard. Open space between sliding doors for storage (see attachment G.6).

d. Platform With Drawers – four (4) – two (2) on top of each other, on each side, towards the foot of bed (see attachment G.6).

e. Length:

i. Minimum 82 inches

ii. Maximum 90 inches

f. Width:

i. Minimum 20 inches

ii. Maximum 23 inches

g. Height:

i. Minimum 20 inches from the floor to the top of the mattress.

ii. Maximum 23 inches from the floor to the top of the mattress.

3. Nightstand

a. Material - Solid Wood

b. One (1) drawer with open space shelf below (see attachment G.6).

c. Length:

i. Minimum 22 inches

ii. Maximum 25 inches

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d. Width:

i. Minimum 18 inches

ii. Maximum 20 inches

e. Height:

i. Minimum 23 inches

ii. Maximum 26 inches

4. Free standing table desk

a. Material - Solid Wood

b. Preferable to have one (1) center drawer

c. not to exceed 36 inches wide x 30 inches high x 24 inches deep (see attachment G.6).

d. Length:

i. Minimum 34 inches

ii. Maximum 37 inches

e. Width:

i. Minimum 22 inches

ii. Maximum 25 inches

f. Height:

i. Minimum 29 inches

ii. Maximum 31 inches

B. Contractor will be able to deliver all orders, initial order and any future orders, within 90-days of receipt of Purchase Order (PO). Future orders and quantities will depend upon TMD budget and requirement needs.

C.3 MINIMUM REQUIREMENTS

A. It is preferable for TMD to have the Contractor’s factory/showroom within the State of Texas.

B. Contractor must have at minimum 7 years in the furniture industry.

C. Contractor must have a history of providing custom or ready-made furniture of similar or greater scale.

C.4 DELIVERABLES

A. Ready-made or raw unstained custom-made samples must be available for in person viewing within 14-days of solicitation bid closing.

B. Samples of all stain options and wood options must be submitted with bids.

C. Contractor must provide a monthly status report to TMD’s Contract Administrator and TMD’s

Project Manager in regards to the estimated delivery date.

D. The status reports are due by the first Thursday of every month until order delivery is complete.

E. Contractor’s expected delivery time for initial order.

C.5 ACCEPTANCE CRITERIA

A. Must be able to deliver final product within 90-days from receipt of PO.

B. It is preferable to TMD to have the Contractor’s factory/showroom must be within the State of

Texas.

C. Sample furniture must be available for viewing within 14-days of solicitation bid closing.

D. TMD must be allowed to view sample furniture at Contractor’s factory/showroom.

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E. Respondent at a minimum 7 years in the custom furniture industry. The agency may request supporting documentation for this minimum requirement.

F. It is preferred that the respondent have past and/or current contract(s) for custom furniture with State of Texas Agencies. Respondent may be asked to provide references.

G. Material: Prefer solid wood (preferred solid woods: Pine, Ashwood, Maple, Red Oak, White Oak, Beechwood, and Satinwood). However, the Agency will consider other equal products such as veneer, plywood or others not listed that meet the preferred wood requirements.

Respondent to provide complete literature of the materials they are proposing for Agency consideration.

H. Finishes: Respondent should provide a list and literature of finishes they are proposing.

I. Preferred finishes are Sherwin Williams Interior Stains (or equivalent stain from competitor brands): https://www.sherwin-williams.com/homeowners/color/find-and-explore-colors/stain-colors/interior-stains

1) MW401 Gray Elm

2) MW405 Toasted Barrell

3) MW 413 Greenwood

4) MW427 Habitat

5) MW437 Country Pine

J. Manufacturer’s standard warranty applies.

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the contract is Ronald L. Bullock

B. The telephone number for the Contract Administrator is 512-782-6786.

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

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

C.6.3 TMD’s Project Manager

A. The Project Manager for the contract is Raphael Oosterhuis.

B. The telephone number for the Project Manager is 512-782-5500.

C. The email address is CampMabryLodging@military.texas.gov

TMD’s Project Manager for the contract is responsible for the overall management and coordination of the contract and will act as the central point of contact for TMD. The Project Manager or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

C.7 LIQUIDATED DAMAGES

A. TMD reserves the right to assess liquidated damages at an amount up to $2,070 per day for each business day Contractor fails to meet the standards set out in [the Liquidated Damages https://www.sherwin-williams.com/homeowners/color/find-and-explore-colors/stain-colors/interior-stains https://www.sherwin-williams.com/homeowners/color/find-and-explore-colors/stain-colors/interior-stains mailto:CampMabryLodging@military.texas.gov

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Matrix] or [the Service Level Agreement] or misses the deadline for each deliverable or Change Order Plan, with such deadlines designated in the contract or the deployment of Change Order Plans under Section(s) C of the contract. The parties acknowledge that the harm that will be caused to TMD by such a delay is difficult to estimate; however, the amount of liquidated damages listed in the contract is a reasonable estimate and is enforceable.

B. Contractor will not be responsible and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by TMD, delays as the result of activity that is the responsibility of TMD’s Project Team, as long as Contractor timely files its deficiency report as required by the section entitled “Rolling Estoppel” or delays that TMD deems were outside the control of Contractor. The burden of proof that the delay is attributable to TMD rests with Contractor.

C. Any liquidated damages assessed under the contract may, at TMD’s option, be deducted from any payments due to Contractor. TMD has the right to offset any liquidated damages payable to TMD, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor must pay to TMD any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.8 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin.

Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex.

Gov’t Code Chapter 2161 and the administrative rules, as applicable. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

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

D. Contractor must submit a detailed description of the HSP and required forms with the response.

Contractor’s response will be disqualified if the agency forms are not completed in full or are missing from Contractor’s original response.

E. Contractor must provide notice to all subcontractors of their selection as a subcontractor for the contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the contract’s total value that the subcontract represents. A copy of the notice

Page 15 of 30 Approved 10/16/2021 will be provided to the Contract Administrator no later than ten business days after the effective date of the contract.

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

C.9 INSURANCE REQUIRED UNDER THE CONTRACT

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

The awarded Contractor is required, within five business days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

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

Commercial General Liability (occurrence based)

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

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence

Commercial Crime $50,000 Each Occurrence

Additional Insurance

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

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All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. provide all required written documentation under this section to the Contract Administrator.

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

C. ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder.

D. deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

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

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

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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

FREQUENCY DUE DATE REPORT ITEM AUTHORITY

TMD PERSONNEL TO RECEIVE

REPORT

Monthly

Fifth business day to Contract Administrator

HUB

Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

Contract, Exhibit G.5

Contract Administrator and HUB Coordinator

Annual

Prior to Execution of Contract and again within 120 days after the end of Contractor’s fiscal year

Financial Rating Reports

Contract, Sections B.1.2

Contract Administrator

Invoicing – Specific to the Contract

Payables@military.texas.gov with a copy to Contract Monitor

Any reports specific to the Contract are to be noted here

Contract Monitor mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

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

B. Respondent must be available 24 hours a day, seven days a week to provide clarification responses or attend requested meetings or demonstrations throughout the solicitation evaluation phase.

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

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

Submission of responses

A. Responses will submitted via e-mail to: Procurement@military.texas.gov

B. Responses must be received by TMD no later than the deadline established in the solicitation.

C. Responses will demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

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

E.2 AMENDMENTS TO THE SOLICITATION

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

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

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

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

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E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Any response received at the designated location after the specified date and time will not be considered.

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

C. Alterations made before closing time will be initialed by Respondent or its authorized representative.

D. No responses can be withdrawn after closing date and time without approval by TMD.

Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

E. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Respondent submit their complete response well in advance of the due date and time stated on the Page 1 of this solicitation.

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

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one general partner or in the firm name by an attorney-in-fact. Respondent will ensure that this response is notarized.

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

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

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

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

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

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E.5 RESPONSE ACCEPTANCE PERIOD

All responses will be valid for 360 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 360-day period.

E.6 CONTRACT AWARD

A. TMD may award one or more Contracts resulting from this solicitation to the responsible Respondent, whose response, meeting or exceeding specifications and will be most advantageous to TMD, cost or price and other factors, specified elsewhere in this solicitation, will be considered.

B. A written award or acceptance of Response emailed or otherwise furnished to successful Respondent(s) within the time for acceptance specified in the response will result in a binding contract without further action by either party.

E.7 TMD’S RIGHTS

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

B. TMD may:

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

2. accept other than the lowest priced response; and

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

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

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

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

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

G. TMD reserves the right to use for its benefit ideas contained in the responses submitted.

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

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

J. Upon review of responses, TMD may select the Respondent’s response(s) most advantageous to TMD, in its judgment, with whom to negotiate a final definitive contract(s).

K. Such determination will be solely at the discretion of TMD. All representations made by TMD are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, or TMD.

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

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

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

O. TMD will not hold a public response closing event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. Information Form;

C. Financial Rating and Solvency Information;

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

E. A Redacted Solicitation and Contract response if applicable;

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

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G. Exhibit G.2, Application for Texas Identification Number;

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

E.8.2 Information Section

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

B. Introduction: Clear expression of who Respondent is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors.

C. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. Demonstrated experience in providing the services requested in this.

D. Respondent must identify and provide in its response a minimum of three references relating to past contracts or projects that are similar in size and scope. Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, and Financial Rating information for the Respondent and all third-party / subcontractors proposed to fulfill service requirements.

F. Project Schedule and Plan: A plan detailing how Respondent must have fully delivered initial order of commodities no later than 90-days from receipt of PO.

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

1. B.1.1 Base Period Pricing Schedule

2. B.1.2 Financial Ratings

3. C.3 Project Plan and Schedule

4. C.4 Minimum Requirements

5. C.6.F References

6. C.12 Insurance

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7. Attachment G.5, HSP

8. All required submittals under Section E.8.1, Contract Forms and Required response

Information and this section E.8.2, Information Section.

G. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) (https://www.section508.gov/content/sell/vpat) (including accessibility conformance reports or Respondent accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services. See Tex. Gov’t Code Chapter 2054, Subchapter M; 1 Tex. Admin. Code Chapter 213; and 1 Tex. Admin. Code Chapter 206; and WCAG 2.0 AA (current and as subsequently amended) VPAT is a Respondent-generated statement (using the required template) that provides relevant information on how a Respondent’s product or service claims to conform to the Section 508 Standards.

H. Business Continuity and Disaster Recovery Plan. Respondent must submit, with its response, descriptions of its business continuity and disaster recovery plan and processes. If TMD awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Respondent will protect TMD’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet TMD’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. TMD may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on TMD’s dependence or necessity on the particular good or service).

I. Exceptions. No exceptions should be included in a response. Respondent is encouraged, in lieu of including exceptions in its response, to address all issues that might be advanced by way of exception by submitting questions to TMD during the question and answer period. Respondent must identify any exception it takes to the solicitation for which it requests approval.

A Respondent that takes any exceptions may result in its response being disqualified and deemed non-responsive to the solicitation. In this event, TMD will remove Respondent’s response from further consideration. Additionally, TMD is prohibited by law from accepting certain exceptions, such as indemnifying Respondents. This is another reason why TMD strongly discourages Respondents from submitting exceptions.

If Respondent agrees to the terms of this solicitation in its entirety, Respondent should explicitly state that it takes no exceptions.

E.8.3 HUB SUBCONTRACTING PLAN (HSP)

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards https://www.section508.gov/content/sell/vpat http://www.w3.org/TR/WCAG20/

Page 24 of 30 Approved 10/16/2021 established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable.

Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

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

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

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

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

NOTE: Failure to submit the HUB Subcontracting Plan with the appropriate forms will subject Respondent’s response to rejection from further consideration.

E.8.4 Cost and Pricing Response

Respondent must provide the pricing schedules in the exact format noted in this…