ESBD_File_348286_802-24-44261 IFB Airboat Packages.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, FAX 512-389-4677, or return to:

TPWD – Purchasing and Contracting

4200 Smith School Road Austin, Texas 78744

BID OPENING 2:00 PM February 15, 2024

REQUISITION NO. 802-24-44261

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 120-08, 120-90 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) Law Enforcement Division is seeking to purchase two (2) custom-built airboat packages to include built-in engines and propellers, and two (2) boat trailers for airboat specified herein, as per the attached specifications dated January 2024.

1. Custom-built airboat to include engine and propeller.

Examples: Custom-built Patriot Airboat, American Airboat, Diamondback Airboat, or TPWD approved equivalent.

Specify Boat Make/Model and Dimensions:

Specify Boat Hull Warranty: _____________________________

Specify Superstructure Warranty: _________________________

Specify Engine Make/Model: _____________________________

Specify Engine Warranty: _______________________________

Specify upholstery color per Paragraph 3.1.19.: ______________

Include EPA Certificate for Engine with bid per Paragraph 3.1.12.2.

Each

AUTHORIZED SIGNATURE DATE

SHOW BID OPENING

DATE AND REQUISITION

NUMBER IN SUBJECT LINE

OF E-MAIL OR ON SEALED

BID ENVELOPE WITH

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

Texas Parks and Wildlife Department LE Region 4 Office 10101 Southwest Freeway, Suite 206 Houston, Texas 77074

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

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-24-44261 Page 2 of 34

2. Boat trailer for airboat specified herein.

Specify Trailer Make/Model: _____________________________

Specify Trailer Warranty: ________________________________

Specify material per Paragraph 3.2.5.:

Each

3. Delivery fee for two complete Boat Packages (boats with engines and propellers and mounted on boat trailers)

Delivery in __________ calendar days after receipt of order.

NOTE:

---Delivery fee is for both boat packages to specified site.

---TPWD would like the option to pick up each boat package to save freight charges if the Respondent is within close proximity.

---TPWD will specify delivery method at time of award.

Lot

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES

See Appendix 23 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

PURCHASER: Gwen Sullivan Telephone: 432-244-9831 E-mail: gwendolyn.sullivan@tpwd.texas.gov mailto:gwendolyn.sullivan@tpwd.texas.gov

IFB No. 802-24-44261 Page 3 of 34

Solicitation 802-24-44261 Specifications for Custom-Built Airboats with Engines, Propellers, and Trailers

1. INTRODUCTION: Texas Parks and Wildlife Department (TPWD) Law Enforcement Division is seeking to purchase two (2) custom-built airboats to include built-in engines and propellers and two (2) boat trailers as per the following specifications.

2. TERM OF CONTRACT: Contract shall commence upon the issuance of a Purchase Order contract by TPWD and automatically expire upon the delivery date agreed upon and final acceptance by TPWD.

3. SPECIFICATIONS SHALL MEET OR EXCEED THE FOLLOWING:

3.1. Quantity: Two (2) airboats, built-in engines, and propellers.

3.1.1. Examples: Custom-built Patriot Airboat, Custom-built American Airboat, Custom-built

Diamondback Airboat, or TPWD approved equivalent.

3.1.2. Design: Aluminum construction.

3.1.3. Dimensions:

3.1.3.1. Length: Approximately twenty feet (20’).

3.1.3.2. Width: Eight feet (8’).

3.1.3.3. Side Height Minimum: Thirty inches (30”).

3.1.3.4. Transom Height Minimum: Twenty-eight inches (28”).

3.1.4. Hull Design:

3.1.4.1. Bottom and Transom: Minimum 0.190 inch thickness, 5086 Marine Grade Aluminum.

3.1.4.2. Sides: Minimum 0.125 inch thickness, 5086 Marine Grade Aluminum.

3.1.4.3. V-crimped Sides: Minimum Three (3) crimps inside V-crimp sides with two (2) being between crimps.

3.1.4.4. Forward Deck:

3.1.4.4.1. To extend back at a minimum: thirty-eight inches (38”).

3.1.4.4.2. Welded solid on top, sides, and bottom for added strength.

3.1.4.5. Bottom of Hull: Shall be reinforced with minimum seven (7) two inch by two inch by three-eighths inch (2” x 2” x 3/8”) T-Bars or doubled two inch by two inch by one-quarter inch (2” x 2” x ¼”) stringers centers, entire length of hull.

3.1.4.6. I-beam Cross Braces:

3.1.4.6.1. Three inch (3”) aluminum.

3.1.4.6.2. Minimum: Two (2).

3.1.4.7. Aluminum Plate:

3.1.4.7.1. Minimum 0.190 inch thickness, 5086 Marine Grade Aluminum.

3.1.4.7.2. From transom of hull to first cross brace up sides of hull to first v-crimp.

3.1.4.8. The bottom of the sides will have a 20 degree (20°) chine turned down to aid in maneuvering.

3.1.4.9. Aluminum walk-arounds:

3.1.4.9.1. Minimum: Six inches (6”).

IFB No. 802-24-44261 Page 4 of 34

3.1.4.9.2. Non-skid finish.

3.1.4.10. Acceptable support:

3.1.4.10.1. Two inch by two inch (2” x 2”) aluminum angle welded at seam where sides join bottom of hull.

3.1.4.10.2. All nuts, bolts, washers, etc. shall be stainless steel at a minimum, except in engine stand where extra strength is needed.

3.1.4.11. Acceptable extend back: Lip at top of transom to extend back to minimum eight inches (8”).

3.1.4.12. Black Ultra High Molecular Weight (UHMW) polymer:

3.1.4.12.1. Three-eighth inch (3/8”).

3.1.4.12.2. Installed with stainless steel counter nuts and bolts.

3.1.4.12.3. Attached with five-sixteenth inch (5/16”) aluminum aircraft rivets, full bottom of hull.

3.1.4.13. Black UHMW Polymer: Three-eighth inch (3/8”), installed on sides of hull up to first V-crimp.

3.1.4.14. Deck to have a non-skid finish.

3.1.4.15. Recessed Deck Lid:

3.1.4.15.1. Minimum size: Sixteen inch by twenty-six inch (16” x 26”).

3.1.4.15.2. On bow with stainless steel lock and hydraulic shock.

3.1.4.16. Stainless steel bow eye.

3.1.4.17. Two (2) one inch (1”) drain plugs in transom.

3.1.4.18. Double plate transom tie downs.

3.1.4.19. Aluminum flooring. Acceptable coated floor areas:

3.1.4.19.1. Coated with non-skid material on the forward from second cross brace with four-inch (4”) gap on flooring at bulkhead and on all walking areas.

3.1.4.19.2. Full-width, non-skid flooring over T-bars for safety, side to side and bulkhead to mid-ship gusset.

3.1.4.20. Grass rake with step:

3.1.4.20.1. Aluminum.

3.1.4.20.2. Minimum twenty-four inches (24”).

3.1.4.20.3. Acceptable covered nose roll:

3.1.4.20.3.1. Coated with bedliner one-quarter inch (1/4”) polymer material finish.

3.1.4.20.3.2. Large rubber extruded bumper attachment.

3.1.4.21. Side navigation lights.

IFB No. 802-24-44261 Page 5 of 34

3.1.5. Engine Stand Construction:

3.1.5.1. Automotive built.

3.1.5.2. Tube Size Minimum: One inch (1”).

3.1.5.3. Stainless steel box tubing, sixteen (16) gauge.

3.1.5.4. All mounts shall be shock mounted to prevent vibration.

3.1.5.5. Mounting bracket shall be incorporated into engine stand for the fifty (50) gallon fuel tank.

3.1.5.6. Dual battery rack shall be built in the engine frame.

3.1.5.7. Heavy duty front and rear motor mounts.

3.1.5.8. Sanded, primed, and painted with industrial grade epoxy, color black.

3.1.6. Overhead Guard Construction:

3.1.6.1. Tubing:

3.1.6.1.1. Shall be built of stainless-steel tubing, seven-eighth inch (7/8”) minimum.

3.1.6.1.2. Stainless steel cover for protection: two inch by four inch (2” x 4”) minimum.

3.1.6.1.3. Heavy gauge wire: 0.135 inch.

3.1.6.1.4. Stainless steel tabs for installation of steering and wiring with rubber coated aluminum clamps. NOTE: NO TIE WRAPS.

3.1.6.2. Installed Rudders:

3.1.6.2.1. Quantity: Two (2).

3.1.6.2.2. Dimensions: Five feet (5’).

3.1.6.2.3. Welded aluminum.

3.1.6.2.4. Acceptable:

3.1.6.2.5. Air-foiled aluminum rudders. Or,

3.1.6.2.6. Foam-filled aluminum rudders.

3.1.6.2.7. With stainless steel rods.

3.1.6.2.8. Polymer bushings: Four (4).

3.1.6.2.9. Minimum four (4) stainless steel helm joints.

3.1.6.3. Shall include guard to completely protect propeller area.

3.1.6.4. Safety guard shall be installed on front of propeller guard.

3.1.6.5. Stainless steel expanded metal to the third J-bar.

3.1.6.6. Navigation light mounted inside propeller guard.

3.1.6.7. Expansion tank mounted inside propeller guard.

3.1.6.8. Light Emitting Diode (LED) lights mounted inside propeller guard:

3.1.6.8.1. Four (4) ninety (90) watt LED high performance lights.

3.1.6.8.2. Two (2) flood lights mounted inside cage.

3.1.6.8.3. Two (2) spotlights mounted inside cage.

3.1.6.8.4. Four (4) small blue LED flashing lights mounted inside cage.

IFB No. 802-24-44261 Page 6 of 34

3.1.6.9. One receiver hitch: Shall be installed on bow of the boat, protruding through the center of grass rake.

3.1.6.10. Bow stop and winch with nylon strap adequate to secure boat.

3.1.7. Seating and Floorboard Area:

3.1.7.1. Shall accommodate seven (7) people.

3.1.7.2. Frames shall be constructed of one inch (1”) stainless steel square tubing, sixteen (16) gauge.

3.1.7.3. All seats shall have cushions, rain covers.

3.1.7.4. Rear Seating:

3.1.7.4.1. Side-by-side, one (1) Operator, one (1) Co-Pilot.

3.1.7.4.2. Operator and Co-Pilot seating shall be Big Man type.

3.1.7.4.3. Seating shall be mounted atop aluminum box designed for storage.

3.1.7.4.4. Location of box: under side-by-side, rear passenger seating.

3.1.7.4.5. Aluminum box shall have two (2) doors with stainless steel lock hinged to the center.

3.1.7.5. Passenger bench:

3.1.7.5.1. Width of boat with seating not higher than gunnels.

3.1.7.5.2. Back rest width of boat.

3.1.7.5.3. Dry storage box under seat.

3.1.7.5.4. Easy removal seating.

3.1.7.6. Floorboard as wide as possible.

3.1.7.7. White LED light under operator floorboard.

3.1.8. Instruments:

3.1.8.1. Custom center instrument panel with backing plate with breakers.

3.1.8.2. Oil pressure, electrical, marine type.

3.1.8.3. Amperage (A) meter, marine type.

3.1.8.4. Lighted toggle switch, marine type.

3.1.8.5. Keyed ignition switch, marine type.

3.1.8.6. Electrical tachometer with hour meter.

3.1.8.7. Three (3) 12-volt accessory outlets, marine type.

3.1.8.8. Water temperature gauge.

3.1.8.9. Fuel gauge.

3.1.8.10. Three additional accessory switches, high output.

3.1.8.11. Kill switch lanyard.

3.1.8.12. Grab handles on sides of instrument panel.

3.1.8.13. Two (2) cup holders, installed and mounted behind instrument panel.

3.1.9. Steering:

3.1.9.1. Steering Cable:

IFB No. 802-24-44261 Page 7 of 34

3.1.9.1.1. Three-eighth inch (3/8”) cable-type steering.

3.1.9.1.2. Stainless steel or Teflon™ type coated with stainless steel housings and Teflon™ type locking collar.

3.1.9.1.3. With inter-cable stainless steel.

3.1.9.2. Steering handle to be located on the driver’s left side.

3.1.9.3. Stainless steel steering bearing with minimum one-quarter inch (1/4”) inter-diameter.

3.1.9.4. Lock rings shall be stainless steel or Teflon™ type.

3.1.9.5. Aluminum anodized steering grip.

3.1.10. Throttle:

3.1.10.1. Electronic throttle.

3.1.10.2. Throttle pedal assembly position shall be located and operated on the driver’s right foot.

3.1.11. Fuel Tank:

3.1.11.1. Minimum fifty (50) gallon aluminum tank with remote fuel fill and electric sender.

3.1.11.2. United States Coast Guard (USCG) and American Boat and Yacht Council (ABYC) approved.

3.1.11.3. Shock mounted in rubber.

3.1.11.4. Fuel lines shall be USCG approved.

3.1.12. Electrical System:

3.1.12.1. Dual batteries with selector switch.

3.1.12.2. All high current wires to ten (10) gauge diameter.

3.1.12.3. All wires shall be encased in convoluted high abrasive tubing.

3.1.12.4. USCG approved running lights shall be installed inside propeller guard.

3.1.12.5. Battery boxes acceptable styles:

3.1.12.5.1. Plastic with no lids with stainless steel angle across top. Or,

3.1.12.5.2. Dual locking lids and straps.

3.1.12.6. Number 2 gauge battery cables.

3.1.12.7. Minimum three position battery switch.

3.1.13. Engine:

3.1.13.1. Examples: PCM LT4 600 HP 6.2L EFI Supercharged, MARINE POWER 556 LSA EFI Supercharged Engine, or TPWD approved equivalent.

3.1.13.2. Engine must be Federal Environmental Protection Agency (EPA) certified.

Certificate shall be provided with bid.

3.1.13.3. Horsepower (HP) Minimum: 556.

3.1.13.4. Engine Type: V6 or V8.

3.1.13.5. Starter: Heavy Duty.

3.1.13.6. Alternator: Minimum seventy (70) A.

IFB No. 802-24-44261 Page 8 of 34

3.1.14. Engine accessories to come with airboat:

3.1.14.1. Oil Cooler.

3.1.14.1.1. Size: Large.

3.1.14.1.2. Braided oil lines.

3.1.14.1.3. Army-Navy (AN) fittings.

3.1.14.2. Belt Drive Reduction Unit with Heavy Duty Belt.

3.1.14.2.1. Acceptable Belt Ratio:

3.1.14.2.2. CH3 2.3:1 Belt Reduction Unit (BU). Or,

3.1.14.2.3. CH4 2.52 to 1.

3.1.14.3. Fuel Pump: Electric with large fuel filter water separator.

3.1.14.4. Aluminum Overflow and Oil Tanks, plastic will not be accepted.

3.1.14.5. Easy oil drain line.

3.1.14.6. Aluminum Radiator:

3.1.14.6.1. Heavy-duty racing style.

3.1.14.6.2. Installed below engine.

3.1.14.6.3. Radiator guard to be installed on the back of the radiator for protection.

3.1.14.7. Hoses: Marine premium grade quality.

3.1.15. Belt Reduction Drive-Propeller:

3.1.15.1. 3-Blade.

3.1.15.2. Propeller: Eighty-two inch (82”) minimum.

3.1.15.3. Material: Carbon or graphite composite material.

3.1.15.4. Acceptable Belt Ratio:

3.1.15.4.1. CH3 2.3 to 1. Or,

3.1.15.4.2. CH4 2.52 to 1.

3.1.16. Exhaust System:

3.1.16.1. Stainless Steel Headers: Three inch (3”).

3.1.16.2. Stainless Steel Flex Pipe: Three inch (3”).

3.1.16.3. Stainless Steel Band Clamps: Two inch (2”).

3.1.16.4. Stainless Steel Mufflers U-clamps: Two to three inch (2” to 3”).

3.1.16.5. Stainless Steel Dump Pipes Thru Transom Optional: Three inch (3”).

3.1.16.6. Mufflers - Quantity: Two (2).

3.1.16.6.1. Inlet/Out: Three inch (3”).

3.1.16.6.2. Stainless Steel Bracing.

3.1.17. Complete Bilge Pump System:

3.1.17.1. Bilge Pumps: Two (2).

3.1.17.2. Gallons Per Hour Minimum: Two thousand (2,000).

3.1.17.3. Type: Manual bilge pumps.

IFB No. 802-24-44261 Page 9 of 34

3.1.17.4. Hose Threaded Port Minimum Size: One and one-eighth inch (1-1/8”).

3.1.17.5. Voltage: Twelve (12) volt.

3.1.17.6. Amperage: Seven and one-half (7.5) A.

3.1.18. Paint/Powder Coat:

3.1.18.1. Instrument panel, aluminum overflow and expansion tank, aluminum box under side-by-side rear operator seating, and cross brace seat shells shall be painted with black powder coat.

3.1.18.2. Webbing sprayed inside hull to reduce glare.

3.1.18.3. Non-Skid Finish color shall be Charcoal Grey.

3.1.19. Upholstery:

3.1.19.1. Seats shall be covered with replaceable marine-grade vinyl material.

3.1.19.2. Color: Standard color(s) or TPWD approved equivalent.

3.1.19.3. Instrument Panel and Weather Resistant Rain Covers: Black.

3.2. Trailer for Airboat Described Herein:

3.2.1. Must fit boat specified herein without the need for modifications.

3.2.2. Capacity: Must be able to fit and transport boat with engine and propeller as specified.

3.2.3. Overall Length: Minimum twenty-two feet (22’) to accommodate boat specified herein.

3.2.4. Load Capacity: Minimum seven thousand (7,000) pounds.

3.2.5. Frame Construction: Aluminum or Galvanized Steel.

3.2.6. Acceptable Axles:

3.2.6.1. Tandem.

3.2.6.2. Leaf springs.

3.2.7. Disc Brakes: On both axles.

3.2.8. Gross Axle Weight Rating (GAWR) each axle: Minimum five thousand (5,000) pounds each.

3.2.9. Minimum four-inch channel with three-inch channel cross bars.

3.2.10. Galvanized Wheels.

3.2.11. Wheel Fenders.

3.2.12. Tires:

3.2.12.1. Tire and Rim Size: Minimum fourteen inches (14”).

3.2.12.2. Full Size spare tire mounted on trailer.

3.2.12.3. Ramps:

3.2.12.3.1. Loading Ramps: Two (2).

3.2.12.3.2. Easy load ramps with three (3) rollers on each ramp.

3.2.12.3.3. All rollers required to be mounted on trailer for loading airboat.

3.2.13. Tongued jack swivel type with roller wheel.

3.2.14. Transom tie down straps.

3.2.15. Minimum one (1) safety chain, minimum three-eighths inch (3/8”) diameter, with hook.

3.2.16. All marine grade carpeted bunk boards, runners, and bolsters inside fender wells.

IFB No. 802-24-44261 Page 10 of 34

3.2.17. Wheel bearings.

3.2.18. Lights:

3.2.18.1. LED type.

3.2.18.2. Must meet Texas Department of Public Safety (TXDPS) Texas Transportation Code requirements.

4. REFERENCED BRAND EXAMPLE: Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered.

If proposing other than the referenced brands/model number, Respondent must show manufacturer, brand or trade name, product number and provide complete descriptive information of product offered and include with response. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

5. REQUIREMENTS:

5.1. Condition of Product: New Equipment ONLY; NO re-manufactured or “gray market” items. All items must be covered by the manufacturer’s warranty. The unit shall be made ready for continuous operation upon delivery. Respondent is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

5.2. All Parts: All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor.

All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry.

5.3. Quantities: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. 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.

5.4. Manuals: Manuals containing illustrated parts list, operating and service instructions for the unit shall be delivered with unit. Manual shall outline all necessary service and operating instructions for the unit delivered and provide necessary warning and safety precautions.

5.5. Warranty Requirements: Standard manufacturer’s warranty on hull, superstructure, engine, trailer, and related components. Specify warranties on bid response page. Vendor shall furnish warranty and a list of warrantied repair companies to TPWD at time of delivery. The warranty begins on the date the unit is determined to meet specifications and accepted by TPWD.

6. DELIVERY AND ACCEPTANCE:

6.1. Freight Charges: TPWD would like the option to pick up the boat and trailer as specified to save freight charges if the vendor is within close proximity. Respondent shall include the quote option in the response. TPWD will determine delivery method at time of award.

6.2. Delivery Schedule:

6.2.1. Vendor must contact TPWD point of contact to schedule delivery date and time.

6.2.2. Vendor shall provide at least one (1) week notice prior to delivery.

6.3. Delivery Address:

6.4. Deliver two (2) boat packages to TPWD LE Region 4 Office, 10101 Southwest Freeway, Suite 206, Houston, TX 77074. Delivery point of contact: Lt. Vu Nguyen, 409-739-6567, vu.nguyen@tpwd.texas.gov.

6.5. Registration and Titling: Respondents shall title and register as EXEMPT registration all equipment requiring titling and registration to the address listed below once received by TPWD. The original Manufacturer’s Statement of Origin (MSO) as well as the most current version of TxDMV form 130U or Application For Texas Title with signature shall be submitted to:

IFB No. 802-24-44261 Page 11 of 34

Attention: John Wyatt, Fleet Manager Texas Parks and Wildlife Department 4200 Smith School Road Austin, TX 78744

6.6. 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.

6.7. 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.

6.8. Acceptance: All equipment ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) working days, weather permitting. Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

7. INQUIRIES:

7.1. 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:

Gwen Sullivan, Purchaser Phone 432-244-9831 Texas Parks and Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 7844 Purchasing.Bidbox@tpwd.texas.gov

7.2. 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.

7.3. 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 8.1 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.

8. BID RESPONSE INSTRUCTIONS:

8.1. Bid Submission:

8.1.1. 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.

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

8.1.3. Bid Delivery: E-mail submittals are preferred and highly encouraged for this solicitation. Submit in PDF format as an attachment to e-mail. Links to bid in shared drives such as DropBox or Google or any other clickable link in an e-mail or cloud hosting platform are not acceptable. Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, or by mail, overnight/express service, or hand-delivery to the address on Page 1, or by fax to 512-389-4677.

mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-24-44261 Page 12 of 34

8.1.4. Bid Submission: Bids returned by e-mail should include the IFB number and submittal deadline/opening date and time in the subject line. Bids returned by mail, overnight/express service, or hand delivery should be placed in a sealed envelope and correctly identified with IFB number and submittal deadline/opening date and time. Bids returned by fax should include a fax cover sheet correctly identified with IFB number and 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 and time.

8.1.5. Respondents are responsible for all costs of bid preparation.

8.2. 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.

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

8.2.2. 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.)

8.2.3. 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.)

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

9. EVALUATION AND AWARD:

9.1. 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.

9.2. 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.

9.3. 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:

9.3.1. Lowest Price.

9.3.2. Ability, Qualifications and Experience - Meeting or Exceeding the Requirement.

9.3.3. Warranties.

9.3.4. Delivery / Service Schedule.

9.3.5. Past Performance.

IFB No. 802-24-44261 Page 13 of 34

10. INVOICING AND PAYMENT:

The following procedures apply to invoicing and payment in addition to those listed in the Section III General Terms and Conditions Paragraph 9:

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

10.2. Invoices must show:

10.2.1. Name of contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct “Remit to” address.

10.2.2. Name of receiving entity

10.2.3. Contract/purchase order number

10.2.4. Description, quantity, unit of measure, unit price, extended price of each item

10.2.5. Total Price

10.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

10.2.7. Attach supporting documentation, if required.

10.3. Payment:

10.3.1. Contractor will be paid for the services 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.

10.3.2. 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 goods/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.

10.3.3. Payments for goods/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.

10.3.4. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

11. BIDDER AFFIRMATION

11.1. 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.

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

IFB No. 802-24-44261 Page 14 of 34

GENERAL TERMS AND CONDITIONS

MARCH 2023

(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. 802-24-44261 Page 15 of 34

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. 802-24-44261 Page 16 of 34

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 and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas

IFB No. 802-24-44261 Page 17 of 34

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.

IFB No. 802-24-44261 Page 18 of 34

14. DISPUTE RESOLUTION:

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 performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

15. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

16. NAME CHANGES AND SALES:

16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to

TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation.