ESBD_File_349103_802-24-43865 IFB 25 Ft. Tri-Hull Boat 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 DUE DATE 2:00 PM February 22, 2024

REQUISITION NO. 802-24-43865

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 120-23, 120-63, 120-90 Quantity Unit of Measure Unit Price Extension

Texas Parks and Wildlife Department (TPWD) is seeking to purchase two (2) Fiberglass Boats, two (2) Outboard Motors, two (2) Boat Trailers, and Accessories for the Law Enforcement Division as per the attached specifications dated February 2024.

Due to the urgent need and delivery delays with certain manufacturers, TPWD strongly encourages Respondents to submit multiple bids providing pricing for different manufacturers / models that meet or exceed specifications.

NOTE: Two boat, motor, and trailer packages (with requested accessories) shall be delivered fully assembled as single units. However, for property reporting purposes, TPWD requires line-item cost for each item.

1.

25 Foot Fiberglass Tri-Hull Boat

Example: Shallow Sport X-3 Nearshore Response Vessel, Tiburon ZX-25, or equal

Specify Make/Model

Specify Warranty

Each

AUTHORIZED SIGNATURE DATE

SHOW BID OPENING

DATE AND REQUISITION

NUMBER ON SEALED BID

ENVELOPE AND SHOW

RETURN ADDRESS OF FIRM

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

SEE SPECIFICATIONS

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. 802-24-43865 Page 2 of 31

IFB_Goods_042023

2.

300hp Outboard Motor for Fiberglass Boat described above.

Example: Mercury 300 Sea Pro, Yamaha 300, Suzuki DF300 AP or TPWD approved equivalent

Specify Make/Model

Specify Warranty

3.

Boat Trailer for Fiberglass Boat described above.

Example: Magnum Aluminum Model Extreme, Coastline, or TPWD approved equal

Specify Make/Model

4.

Delivery fee for one (1) complete Boat Package (boat, motor, trailer) to TPWD LE Region 2 Office Haltom City, TX 76117

Delivery in __________ calendar days after receipt of order

Note: TPWD would like the option to pick up each boat/motor/ trailer package to save freight charges if the Respondent is within close proximity. TPWD will determine delivery method at the time of award.

Lot

5.

Delivery fee for one (1) complete Boat Package (boat, motor, trailer) to TPWD LE Region 8 Office Corpus Christi, TX 78405

Delivery in __________ calendar days after receipt of order

Note: TPWD would like the option to pick up each boat/motor/ trailer package to save freight charges if the Respondent is within close proximity. TPWD will determine delivery method at the time of award.

Lot

IFB No. 802-24-43865 Page 3 of 31

ACCESSORIES: Accessory items as described in Section 3(e) Accessories may be awarded in part, in whole, or none, based on the availability of funds. Cost of each item shall include installation. Determination will be made at the time of award. Accessory items will not be included in the evaluation process for price but may be considered when determining best value.

Item Description Class/Item 120-23, 120-63, 120-90 Quantity Unit of Measure Unit Price Extension

6.

Cup Holders (specify make) _____________________________

T-Tops (specify make) _________________________________

Dome Light (specify make) _____________________________

Flood Light (specify make) ______________________________

Spotlight (specify make) ________________________________

Controller (specify make) _______________________________

Siren (specify make) __________________________________

Speaker (specify make) ________________________________

Signal (specify make) __________________________________

Electronics Package (specify make) _____________________

VHF Radio (specify make) ______________________________

Lg. Helm Station Pad (specify make) ______________________

Power Pole Blade (specify make)_________________________

7.

Respondents are highly encouraged to submit a detailed price list for additional related accessories and attachments.

Cost of each item shall include installation. TPWD reserves the right to award one, none, or any combination of options depending on the availability of funds and as determined to be best value. Determination will be made at the time of award.

ATTACH PRICE LIST

Offered by a Historically Underutilized Business certified by CPA.

IFB No. 802-24-43865 Page 4 of 31

PREFERENCES

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

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

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

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

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

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

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

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

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

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

Judy Ahrens - PHONE 512-718-3703 Email: purchasing.bidbox@tpwd.texas.gov

IFB No. 802-24-43865 Page 5 of 31

Solicitation 802-24-43865

Specifications for Fiberglass Tri-Hull Boat, Motor and Trailer Packages

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is seeking bids to purchase two (2)

Fiberglass Tri-Hull Boats, two (2) Outboard Motors, two (2) Boat Trailers, and Accessories for the Law Enforcement Division as per the following specifications.

2) TERM OF CONTRACT: Contract shall commence upon the issuance of a 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: Boat, motor, and trailer packages (with requested accessories) shall be delivered fully assembled as single units.

a) Line 1 – 25 foot Fiberglass Tri-Hull Boat: Examples: Shallow Sport X-3 Nearshore Response Vessel, Tiburon ZX-25 or TPWD approved equivalent

i) Quantity: Two (2)

ii) Requirement: Boat must conform to 33CFR, Code of Federal Regulations (Part # 183)

iii) Length: Approximately twenty-five feet (25’)

iv) Beam: Approximately nine feet, eight inches (9’8”)

v) Weight: Approximately one thousand four hundred to two thousand five hundred pounds (1,400 lbs.

to 2,500 lbs.)

vi) Draft: Maximum draft on plane shall not exceed four to six inches (4” to 6”)

vii) Capable of ‘hull-shot’ in twelve inches (12”) or less of water

viii) Color: Grey color with black trim or TPWD approved equal, no decals

ix) Fuel type, Tank and Storage:

(1) Fuel Type: Gasoline

(2) Tank Capacity: approximately sixty (60) gallons

(3) Reserve Tank: approximately twenty (20) gallons

(4) Fuel Cell to be ABYC-approved polyurethane with external fuel sending device with single drain line to bilge area of boat

x) Batteries: Two (2) marine gel cell batteries, wired through a switch with the following settings: Off, Battery 1, Battery 2, and Both/All

xi) Navigation Lights: United States Coast Guare (USCG) approved navigation lights need to be installed in accordance with USCG requirements

xii) Bilge Pump: Minimum two (2) five hundred (500) Gallons Per Minute (GPH) Bilge Pumps

xiii) Boat Construction:

(1) Tri-Hull 25-foot fiberglass boat

(2) Boat hull shall be constructed of composite materials / wood (boat panel material).

(3) Wood shall be pentachlorophenol treated or TPWD approved marine grade equivalent.

(4) Electric trim tabs with switches and components

(5) Steering system and components: (See b) xiv).

xiv) Wiring:

(1) Shall be marine-grade tinned wire of appropriate size.

IFB No. 802-24-43865 Page 6 of 31

(2) Shall be installed and color coded according to American boat and Yacht Council (ABYC) standards

(3) Wiring connections shall be soldered and shrink wrapped

xv) Deck Hardware: Minimum of four (4) retractable cleats installed with two (2) Starboard and two (2)

Port

xvi) Transom Deck:

(1) Raised deck across transom with hatch, sealed storage compartments with fiberglass hatch covers to mount battery, oiler, and hydraulic transom lift pump.

(2) Hydraulic ten-inch (10”) transom lift

(3) All hardware and latches must be stainless steel

xvii) Bow Deck:

(1) Raised bow deck to gunwale with hatched, sealed storage compartments with fiberglass hatch covers and drains

(2) All hardware and latches must be stainless steel

xviii) Center Console:

(1) Console shall be fiberglass, center mounted with plexiglass windshield and anodized aluminum grab rail

(2) In-dash storage box

(3) Console shall have two (2) sealed 12-volt accessory plugs and should be mounted on the left side of console and throttle control box mounted on the right side of helm

(4) Electrical switches shall be panel switch type

(5) Console shall have Marine boat rocker electrical switch panel, six (6) gang waterproof toggle switches, digital voltage display, two (2) Universal Serial Bus (USB) poser charges adapters, and one (1) 12-volt accessory plug

(6) Console instrumentation shall include Tachometer, Speedometer, Water pounds per square inch

(PSI) and temperature, fuel gauge, and hour meter

(7) Two 2) blue light-emitting diode (LED) lights shall be mounted to grab rail on the front of console

xix) Seating:

(1) Mounted seat behind console must accommodate at least two (2) passengers, shall be anodized aluminum frame leaning post with padded seat and back rest and include a foldable footrest

(2) Front console seat shall accommodate a minimum of two (2) passengers, shall be padded and part of console with sealed storage below

(3) Seat material color shall be gray or TPWD approved color

xx) Stainless steel steering wheel with turning knob.

xxi) Must have a USCG-approved fire extinguisher

b) Line 2 – 300 Horsepower (HP) Outboard Motor for Fiberglass Boat described above

i) Examples: Mercury 300 Sea Pro, Yamaha 300, Suzuki DF300 AP or TPWD approved equivalent

IFB No. 802-24-43865 Page 7 of 31

ii) Quantity: Two (2)

iii) Shall be compatible with the fiberglass boat listed above

iv) Horsepower (HP): 300 HP

v) Engine Type: V6 or V8

vi) Shaft Length: Approximately twenty (20) to twenty-five (25) inches dependent upon manufacturer’s specification. Shaft length shall be appropriate for the boat model specified above.

vii) Displacement-liter (L): Four (4) to four point six (4.6) L

viii) California Air Resource Board (CARB) Rating: Minimum three (3) star rating

ix) Gear Shift: Forward, Neutral, Reverse

x) Rotation: Standard

xi) Full Throttle Range, Revolutions Per Minute (RPM): In an approximate range from 4,800 to 6,300

RPM.

xii) Starting: Electric start

xiii) Jack Plate: High performance ten (10) inch speed jack plate

xiv) Steering: Power, Integrated, Electric Actuation or Remote

(1) Must provide a steering system with an appropriate component for optimal performance of the vessel and outboard motor.

xv) Color: Black or Gray

xvi) Propeller: Shall have compatible propeller for the fiberglass boat listed above

(1) Pitch: Must provide a propeller with an appropriate pitch for optimal performance

(2) Material: Stainless steel

xvii) Motor shall be installed on boat by Respondent and fully operational with all required controls and gauges.

c) Line 3 – Boat Trailer for Fiberglass Boat described above.

i) Examples: Magnum Aluminum Model Extreme, Coastline, or TPWD approved equal

ii) Quantity: Two (2)

iii) Trailer Material: Aluminum

iv) Capacity: Suitable to fit and transport boat and motor specified above

v) Axle: Galvanized tandem axle with buddy bearing, lubricated hubs, or TPWD approved equivalent

vi) Tires and Wheels:

(1) Shall be new radial trailer-rated tires specifically for the load

(2) Shall include one (1) mounted spare wheel and carrier

(3) Wheel material shall be galvanized

vii) Fenders: Aluminum

viii) Mechanical Tongue-Mounted Jack:

(1) Retractable/foldable with wheel for ground contact

(2) Shall be properly sized for boat, motor and trailer

IFB No. 802-24-43865 Page 8 of 31

ix) Lighting: Trailer shall be equipped with fully grounded, waterproof, submergible LED lighting that meets Texas Department of Transportation (TXDOT) regulation standards, with 4-prong connector.

x) All wiring shall meet TXDOT requirements

xi) Safety chains, transom saver and guidepost

xii) Transom tie downs to secure boat to trailer

xiii) Treated wood or composite bunking

xiv) Aluminum I-beams and welded bunk under structure

xv) Aluminum guidepost with polyvinyl chloride (PVC) cover / rollers with stainless pins

xvi) Heavy duty three-piece bow stop

xvii) All hardware and submersible parts shall be stainless steel

xviii) Mechanical winch with strap and bow hook

xix) Two (2) inch ball hitch

xx) Rollers shall be minimum size twelve (12) inches

xxi) Shall include two (2) boat buckles:

(1) Examples: G2 retractable transom tie downs, Fulton Transom tie downs, or TPWD approved equivalent

(2) Shall be installed by Respondent at rear of trailer for proper transom stabilization

xxii) Trailer to be equipped in accordance with federal and State of Texas laws governing 24-hour highway operation

d) Lines 4 and 5: Refer to delivery information in Section 6 Delivery and Acceptance herein.

e) Line 6 – Accessory Items: Accessory items may be awarded in part, in whole, or none, based on the availability of funds. Cost of each item shall include installation. Determination will be made at the time of award. Accessory priced as separate line items to include, but not limited to:

i) Cup Holders: Two (2) placed on or in the console

ii) T-Top: Heavy duty aluminum with four legs installed by the Respondent to the center console with covered top.

(1) Must have radio box with latching front door. Examples: Stryker T-Top electronicx box, CM

Marine electronics box or other TPWD approved equal.

(a) Radio box shall fit between the T-Top uprights and be of heavy-duty fiberglass construction.

(2) Tab to be welded to outside edge of top at each corner with 3/8” hole in center of tab, and 12” x

14” aluminum plate welded across center of top and positioned approximately two (2) to three (3) feet above top cover to facilitate emergency light mounting

iii) Dome Lights:

(1) Examples: Rigid Industries “A” series, Vision X single pod billet, or other TPWD approved equivalent

(2) Color: White

IFB No. 802-24-43865 Page 9 of 31

(3) Dome lights shall be installed on the bottom of T-Top electronics box and wired to rocker switch panel.

iv) Flood Lights:

(1) Examples: Rigid Industries D-Series PRO flood diffused white LED lights, Vision X LED Light

Cannon 4.5” Marine Grade, or other TPWD approved equivalent

(2) Color: White

(3) Flood lights shall be installed by Respondent on T-Top as follows: One (1) center port side, one

(1) center starboard side, and one (1) center stern side. Lights shall be wired to rocker switch panel

v) Spotlight:

(1) Examples: Vision X Marine Grade, Xmitter Low Pro Extreme LED bar 12.2”, Rigid Industries SR

Series Pro 10” LED light, or TPWD approved equivalent

(2) Color: White

(3) Spotlight shall be installed by Respondent on T-top centered bow side and wired to Rocker switch panel

vi) Controller:

(1) Examples: Feniex 4200 Mini X Controller, Federal Signal Smart Controller Series B, or other

TPWD approved equivalent

(2) Shall be mounted and installed by Respondent on top starboard side of center console with necessary hardware and mounting plates

vii) Siren:

(1) Examples: Feniex Storm Pro 100-watt Siren, Federal Signal Smart Siren Platinum, or other

TPWD approved equivalent

(2) Shall be mounted and installed by Respondent in T-Top Electronics box. Accompanying microphone shall be mounted outside the T-Top electronic box on the starboard side with a properly weather-sealed grommet to protect mic cord.

viii) Speaker:

(1) Examples: Feniex Triton 100-watt Siren Speaker, Federal Signal BP100 Series Siren Speaker, or other TPWD approved equivalent

(2) Shall be installed by Respondent on the T-Top in front of the Electronics Box facing the bow

ix) Signal:

(1) Examples: Feniex Fusion Mini Lightbar, all blue LED, Federal Signal 18” Navigator Discrete all blue LED light bar, or other TPWD approved equivalent

(2) Shall be mounted and centered by Respondent on top of T-Top with adequate support plate and wired to controller

x) Electronics Package:

(1) Examples: Raymarine Axiom Pro 16 RVX with Platinum + SD 365 Est Gulf of Mexico and RV-100

All-in-One Transom 8M w/ I70s Multifunction Color Display and AIS5000 Transponder Bundle

IFB No. 802-24-43865 Page 10 of 31 and AR200 Augmented Reality with Quantum 2 Q24D Doppler 18” Radar or other TPWD approved equivalent

(2) Shall be installed and mounted by Respondent on top of center console with necessary hardware and mounting plates and transducers to be mounted in appropriate place on vessel to avoid any interference with transmitting and receiving appropriate signals

(3) To be separately wired with main power line coming from the battery and with a main power disconnect switch wired into the six (6) panel rocker installed on the console

xi) VHF Radio:

(1) Examples: Standard Horizon GX 1400B VHF w/ Antenna, G3 Ray 53 VHF Radio w/ VHF

Antenna, 8’, 6db, or other TPWD approved equivalent

(2) Shall be installed and mounted by Respondent in T-Top Electronics box. Accompanying microphone shall be mounted outside the T-Top electronic box on the starboard side with a properly weather-sealed grommet to protect mic cord

xii) Large Helm Station Pad:

(1) Examples: SeaDek, Aqua Marine deck, or other TPWD approved equivalent

(2) Size shall be approximately sixteen (16) x thirty-nine (39) inches

(3) Shall be installed by Respondent in accordance with manufacturer's instructions

xiii) Power Pole Blade:

(1) Example: Minn Kota Talon or TPWD approval equivalent

(2) Quantity: Two (2) per boat

(3) Length: Ten (10) feet

(4) Hydraulic, shallow water anchor

(5) Shall be installed by Respondent in accordance with manufacturer's instructions

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:

a) 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. Responded is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

b) 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.

c) 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.

IFB No. 802-24-43865 Page 11 of 31

d) 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.

e) Warranty Requirements: The units shall be warranted against defects in material and workmanship for the standard manufacturer’s warranty. Vendor shall furnish warranty 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:

a) Delivery Schedule:

i) TPWD would like the option to pick up each boat/motor/ trailer package to save freight charges if the

Respondent is within close proximity. TPWD will determine delivery method at the time of award.

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

b) Delivery Address(es):

i) Quantity 1 delivered to: TPWD LE Region 2 Office, 5400 Airport Freeway, Suite E, Haltom City, TX 76117.

ii) Quantity 1 delivered to: TPWD LE Region 8 Office, 5541 Bear Lane, Suite 232, Corpus Christi, TX

78405.

d) Registration and Titling: Equipment shall be EXEMPT. Titling will be performed by TPWD. DO NOT REGISTER EQUIPMENT. 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 with an invoice to:

John Wyatt, Fleet Manager

Austin, TX 78744

The Name of Purchaser on back of COO or MSO must only be assigned as:

Texas Parks Wildlife Department

Austin, TX 78744

e) 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.

f) 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.

g) 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

IFB No. 802-24-43865 Page 12 of 31 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:

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

Judy Ahrens, Purchaser Phone 512-718-3703 Texas Parks & Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 78744 Purchasing.BidBox@tpwd.texas.gov

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

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

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

8) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

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

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

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

(i) mail, hand-delivery or fax to 512-389-4677.

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

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

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

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

ii) Brand Name/Model: Respondents to specify Brand/Model of quoted product. Failure to take exception to specifications or referenced data will require Respondent to furnish specified brand mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-24-43865 Page 13 of 31 name and model, etc. (Respondent may be required to submit product spec sheets and/ or other documentation prior to award.)

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

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

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

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

9) EVALUATION AND AWARD:

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

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

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

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

i) Lowest Price

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

iii) Delivery / Service Schedule

iv) Past Performance

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

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

b) Invoices must show:

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

ii) Name of receiving entity

iii) Contract/purchase order number

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

v) Total price

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

vii) Attach supporting documentation, if required

c) Payment:

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

IFB No. 802-24-43865 Page 14 of 31

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

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

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

389-4833 for additional information.

11) BIDDER AFFIRMATION

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

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

IFB No. 802-24-43865 Page 15 of 31

GENERAL TERMS AND CONDITIONS

MARCH 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. SPECIFICATIONS:

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

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

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

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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.

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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

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Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

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

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

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

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

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

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

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

14. DISPUTE RESOLUTION:

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

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

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

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

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