ESBD_File_348495_bwd backflow ifb.doc

INVITATION FOR BIDS

Texas Juvenile Justice Department

IF NOT BIDDING, DO NOT RETURN THIS FORM

Ron Jackson TJJD

PO Box 1267

Brownwood TX 76804

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE

Ron Jackson TJJD

611 FM 3254

Brownwood Tx 76801

DELIVERY IN DAYS, CASH DISCOUNT % DAYS

Check below if preference claimed under Rule 1 TAC 113.8

FORMCHECKBOX

Supplies, materials, equipment, or services produced in TX/ offered by TX bidders*

FORMCHECKBOX

Agricultural products produced or grown in TX

FORMCHECKBOX

Agricultural products and services offered by TX bidders*

FORMCHECKBOX

USA produced supplies, materials or equipment

FORMCHECKBOX

Products of persons with mental or physical disabilities

FORMCHECKBOX

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

FORMCHECKBOX

Energy efficient products

FORMCHECKBOX

Rubberized asphalt paving material

FORMCHECKBOX

Recycled motor oil and lubricants

FORMCHECKBOX

Products produced at facilities located on formerly contaminated property

FORMCHECKBOX

Products and services from economically depressed or blighted areas

BID OPENING ( February 8, 2024

12:00 PM

Date and Time:______________________

REQUISITION NO. ( fy24_BWD_backflow

► FAILURE TO SIGN WILL DISQUALIFY BID ◄

AUTHORIZED SIGNATURE

DATE

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter A, 111.2 (10).

IF BIDDING, RETURN SEALED BIDS TO:

Email for Bids: Brittany.Williams@tjjd.texas.gov

►VENDOR ADDRESS AND IDENTIFICATION NUMBER◄

The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification Number or Sole owner should also enter Social Security Number

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

NO.

Project to include:

removal of current backflow preventer furnish and install a Watts Backflow Preventer model LF909 8 inch with bolts and gaskets for any questions about the facility or backflow preventer please contact the faciluty Maintenance staff below Mark Halk

Maintenance Supervisior

325-641-4296

Mark.Halk@tjjd.texas.gov Cynthia Mooney

Maintenance Clerk

325-641-4200

Cynthia.Mooney@tjjd.texas.gov for any bid questions and bid submission please contact

Brittany Williams

Purchaser

Brittany.Williams@tjjd.texas.gov

512-490-7145

1. BIDDING REQUIREMENTS;

1.1 Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.2 Bidder agrees to comply with all terms, conditions and specifications as contained in this solicitation.

1.3 Bidder guarantees product offered will meet or exceed written specifications identified in this solicitation.

1.4 Bidders must price per unit shown. Unit prices shall govern in the event of extension errors.

1.5 Bids should be submitted on this form. Bids must be time stamped at location stated on the first page of the solicitation; on or before the hour and date specified for the bid opening.

1.6 Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.7 Freight Charges & F.O.B. Point – All quotes/bids shall be F.O.B. Destination, transportation prepaid and allowed (dock and/or storedoor delivery) unless special contract instructions direct or permit otherwise.

1.8 Bid prices are requested to be firm for TJJD acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.9 Bidder should enter Payee ID Number, full firm name and address of bidder on the face of this form (enter in the space provided). Additionally, firm name should appear on each continuation page of the solicitation, in the block provided in the upper right hand corner.

1.10 Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the TJJD based on an acceptable written reason.

1.11 Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.12 The State reserves the right to accept or reject all or any part of this solicitation, waive minor technicalities and award the bid to best serve the interests of the State.

1.13 Consistent and continued tie bidding could cause rejection of bids by the TJJD and/or investigation for antitrust violations.

1.14 The telephone number for FAX submission of bids is . This is the only number that will be used for the receipt of bids. The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Written confirmation is not required for faxed bids.

1.15 Inquiries pertaining to solicitations must include the requisition number, class/item codes, and opening date.

1.16 Bid Preparation Expense – Any expense related to the submission of a bid is the sole responsibility of the bidder. The state will not reimburse bidders for any cost related to bid preparation or submission.

2. SPECIFICATION:

2.1 Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Texas Government Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, 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 bidder to furnish specified brand names, numbers, etc.

2.2 CONDITION OF PRODUCTS – All items bid shall be new and unused, of current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation.

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

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 bidder, upon request, at bidder's expense. Each sample should be marked with bidder's name, address and requisition number. Do not enclose in or attach bid to sample.

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

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

3.

ACCESS TECHNOLOGY CLAUSE: The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the vendor represents and warrants to the qualified ordering entity that the technology provided to the qualified ordering entity for purchase is capable, either by virtue of features included with the technology or because it is readily adaptable by use with other technology, of:

3.1 providing equivalent access for effective use by both visual and nonvisual means;

3.2 presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and

3.3 being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this clause, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other means such as assistive devices or services that would constitute reasonable accommodations under the Federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

4.

BID EVALUATION:

4.1 The State reserves the right to award on the basis of a low line item, low total (group or groups) or in any combination that will best serve the interests of the State.

4.2 The State reserves the right to reject or accept all or any part of a bid, waive minor technicalities and make an award in the best interest of the State.

5.

TIE BIDS - Awards will be made in accordance with Rule 1 TAC Section 113.6 (b) (3) and 113.8

(Preferences).

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 bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

6.2 If delay is foreseen, vendor shall give written notice to the appropriate ordering entity. Vendor must keep the ordering agency advised at all times of status of order. Default promised delivery (without accepted reasons) or failure to meet specifications authorizes the TJJD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

6.3 No substitutions permitted without written approval of TJJD.

6.4 Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency.

6.5 IDENTIFICATION OF SHIPMENTS – In addition to the complete destination address, each package must be clearly marked with the agency purchase order number as shown on the order. Each shipment must be accompanied by a packing slip referencing this information.

7.

INSPECTION AND TESTS - All goods are subject to inspection and test by the Agency. Authorized TJJD personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the vendor in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods, which have been delivered and rejected in whole or in part may be, at the State’s option, returned to the vendor at vendor’s risk and expense or disposed of in accordance with TBPC rules or State statutes. Latent defects may result in revocation of acceptance of any product.

8.

ACCEPTANCE – Inspections shall occur when the merchandise is being unpacked, uncrated, etc. The merchandise shall be checked against the purchase order for damages, shortages and compliance with the order’s specifications. The agency shall inspect all shipments received against purchase order and report any discrepancies (allowance for concealed damages) to the vendor no later than 15 days from initial delivery. All deliveries shall be subject to further inspection prior to acceptance (e.g., concealed damages, shortages, etc.). A vendor may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.

9.

AWARD OF CONTRACT - A response to this solicitation is an offer to contract based upon the terms, conditions and specifications contained herein. Bids do not become contracts until they are accepted through a signed Notice of Award, Purchase Order or Contract issued. The contract shall be governed, construed and interpreted under the laws of the State of Texas. Any legal actions must be filed in Travis County, Texas. Factors listed in Texas Government Code, Title 10, Subtitle D, Section 2155.074, 2155.144, 2156.007 and 2157.003 shall also be considered in making an award when specified.

10.

DAMAGES FOR FAILURE TO PERFORM – A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the agency and/or the State of Texas. If merchandise delivered under a contract has been used or consumed by the agency and on testing is found not to comply with specifications, no payment may be approved for such merchandise until the amount of actual damages incurred has been determined. A vendor who fails to pay such damages assessed by the agency/state may not be awarded additional contracts until such damages have been paid or the matter has been otherwise resolved.

11.

PAYMENT - Invoices must be submitted in duplicate to the receiving entity and must indicate the vendor’s Texas Payee Identification Number. Invoice must show the receiving entity’s name, must correspond with the item(s) as numbered on the purchase order, shipment date of merchandise and applicable purchase order number and date of purchase order. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

12.

PROMPT PAYMENT - Terms of payment shall be in accordance with Chapter 2251 Texas Government Code.

13.

PATENTS OR COPYRIGHTS - The vendor agrees to protect the State from claims involving infringement of patents or copyrights.

14.

VENDOR ASSIGNMENTS - Vendor hereby assigns to ordering agency any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

BIDDER AFFIRMATION - Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

15.1 The 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 in connection with the submitted bid.

15.2 Pursuant to 15 U.S. C. Sec. 1, et seq. And Tex. Bus. & Comm. Code Sec. 15.01, et seq. neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

15.3 Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation in the preparation of the specifications for this solicitation.

15.4 If applicable, pursuant to Texas Family Code, Title 5, Subtitle D, Section 231.006 (d), re: child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

15.5 Pursuant to Section 2155.004 Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

15.6 The Contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract.

15.7 Bidder agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

15.8 Bidder certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003 relating to contracting with executive head of a state agency. If Section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of separation from State Agency:

Position with Bidder:

Date of Employment with Bidder:

15.9 Bidder agrees to comply with Texas Government Code 2252.901. Has the Bidder and/or any of his employees been employed by TJJD within the last 12 months? FORMCHECKBOX

YES FORMCHECKBOX

NO

If yes, please complete the following:

Name of Former Employee:

Date of Separation from TJJD:

Date of Employment with Proposed Bidder:

Position with Proposed Bidder:

15.10 Bidder agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas.

16.

NOTE TO BIDDER - Any terms and conditions attached to a bid will not be considered unless specifically referred to on this bid form and may result in disqualification of the bid.

17.

DISPUTE RESOLUTION – The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, by the Texas Juvenile Justice Department and the Contractor to attempt to resolve any claim for breach of contract made by the contractor. The submission, processing and resolution of the contractor’s claim is governed by the published rules adopted by the Texas Juvenile Justice Department pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

18.

FUNDING OUT CLAUSE – Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

19.

ADDITION/DELETION – Amendments may be made for additions and/or deletions of goods or services under the same terms and conditions of this order.

20.

AUTHORIZED RELIEF FROM PERFORMANCE (Force Majeure) – The agency may grant relief from performance of the contract if the contractor is prevented from compliance and performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the contractor. The burden of proof for the need of such relief shall rest upon the contractor. To obtain release based on Force Majeure, the contractor must file a written request with the ordering agency.

21.

SUBCONTRACTING PROGRAM (HUBs) – Good Faith Effort – State agencies are required to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in receiving contract awards issued by the State, see Tex. Gov’t Code Ann. Title 10, Subtitle D, Chapter 2161. The goal of the program is to promote fair and competitive business opportunities for all businesses contracting with the State of Texas.

22.

RECYCLED / REMANUFACTURED / ENVIRONMENTALLY SENSITIVE PRODUCTS – Texas state law requires that a purchasing preference be given to any product made from recycled material if the product meets written specifications as to quality and quantity. If a product bid contains recycled material, please identify the item number and report the percent of all recycled material in the product and the percent of post-consumer material used in the product. “Post-consumer” means material that has been recycled after sale to a consumer as opposed to reuse of manufacturing waste material prior to sale. In addition, identify any products that meet the criteria of “environmentally sensitive.”

23.

MATERIAL SAFETY DATA SHEETS – A vendor must provide, at no cost, at least one copy of any applicable Manufacturer’s Material Safety Data Sheets (MSDS). If OSHA or Federal or State laws provide for additional requirements, those requirements are in addition to the MSDS requirement.

24.

Information, documentation and other material in connection with the solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”.)

25.

Vendor understands that it and its subcontractors by accepting funds directly or indirectly under this contract are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations pursuant to Chapter 2262 of the Texas Government Code. Vendor shall include a clause in its subcontracts providing that its subcontractors are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations. Under the direction of the legislative audit committee, a Vendor that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Failure to cooperate with the State Auditor may subject Vendor to criminal penalties.

BSD-808 (2/12)