ESBD_File_352799_HHS0014521_PCS_137_Formal_IFB.pdf

PCS 137 - GOODS

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TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Invitation for Bids for

New FY25 5-year Contract for Testing supplies to provide vital Gonorrhea, Chlamydia, HIV, and HCV testing services.

IFB No. HHS0014521

NIGP Class/Item No(s): 193-89

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Solicitation Date Posted to ESBD March 06, 2024

Vendor Conference, Vendor and HUB Conference, On-Site Visit N/A

Questions or Clarifications Submission Deadline March 14, 2024

Responses to Questions or Clarifications - Addendum posted on the ESBD March 15, 2024

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline March 21, 2024

Response Deadline March 27, 2024, 10:30 AM

Anticipated Contract Start Date September 01 , 2024

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Table of Contents 1 Introduction and Purpose of Solicitation 4

1.1 Historical Monetary Value 4

1.2 No Guarantee of Volume, Usage or Compensation 4

1.3 Solicitation Components 4

2 Procurement Schedule 5 3 Withdrawal of Response 5 4 HHSC Overview 5 5 Definitions 6 6 General Solicitation Information 7

6.1 Sole Point of Contact and Communications 7

6.2 Exception to the Sole Point of Contact 8

6.3 Offer Period 8

6.4 Costs Incurred 9

6.5 Changes, Modifications and Cancellation 9

6.6 Ambiguity, Conflict, Discrepancy 9

6.7 Solicitation Questions or Clarifications 10

6.8 Notification of Addenda or Cancellation 10

7 Scope of Work (SOW) and Specifications 11

7.1 Specifications 11

7.2 Reworked Products 15

7.3 Deliveries 15

7.4 Receiving Products 17

8 HUB Subcontracting Plan (HSP) Requirements 17

8.1 HUB Subcontracting Plan (HSP) 17

8.2 Courtesy Review of HSP 17

9 Pricing Information 18

9.1 Pricing Structure 18

9.2 Price Adjustments 18

10 Changes to The Contract 20 11 Contract Term 20

11.1 Term of Contract or Purchase Order 20

11.2 Initial Contract Term: 20

11.3 Renewal Option(s) 20

11.4 Extension Option 21

12 Contract Administration/Transactional Purchase Order Administration 21

12.1 Contract Manager/Program Lead 21

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12.2 Services Performed 21

12.3 Performance Reporting 21

12.4 Contractor Response to Notification of Non-Material Deficiency 22

12.5 Corrective Action Plan (The Plan) 22

12.6 Performance Issues 22

12.7 Confidential or Proprietary Information 23

12.8 Bidder Waiver – Intellectual Property 25

13 Invoicing and Payment 25

13.1 Bill-to Address 25

13.2 Invoice Information 25

13.3 Payment 25

13.4 Invoice Submission 26

13.5 Disputed Invoice(s) 26

14 Screening of Responses 26

14.1 Administrative Screening 26

14.2 Irregularities 27

15 Evaluation 27

15.1 Evaluation of Responses 27

15.2 Conformance with State Law for Evaluation 27

15.3 Specific Evaluation Criteria 28

16 Award 29 17 Disclosure of Interested Parties 29 18 Protest Procedures 30

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1 Introduction and Purpose of Solicitation The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers solicitations for HHS.

HHSC PCS is seeking competitive bids to establish Blanket Purchase Order/Contract(s) for The Texas Department of State Health Services (DSHS) is accepting bids for a New FY25 5-year Contract for testing supplies needed to provide vital Gonorrhea, Chlamydia, HIV, and HCV testing services. If bidding other than specified brand, bidder must include with bid sufficient literature to allow evaluation of the items. Failure to provide literature with bid response may be cause for not considering for an award. Items requested must meet minimum specifications.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this Solicitation.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this Solicitation to ensure the Bidder meets all requirements, possesses the required experience and qualifications and has the capacity to provide the goods and related services described in this Solicitation. See Appendix A, Submission Instructions and Response Checklist.

1.1 Historical Monetary Value

HHS Agency historical spend for the same or similar services is $3,000,000.00 for the period of 8-18-2021 through 09-01-2023.

1.2 No Guarantee of Volume, Usage or Compensation

HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this Solicitation. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

The estimated historical quantities included in the Price Sheet are provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.3 Solicitation Components

This Solicitation includes the following items:

• PCS137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations

• Exhibit B –Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

• Exhibit C – Bid Execution Page

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• Exhibit D – Pricing Sheet

• Exhibit E – HHS Online Bid Room Information

• Exhibit F – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

2 Procurement Schedule The Procurement Schedule dates on the cover page are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received before the Response Deadline. HHSC is not responsible for lost, misdirected, or late Responses.

By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting contract.

3 Withdrawal of Response Responses may be withdrawn from consideration or amended at any time prior to the Response Deadline by submitting a written request by email to the point of contact listed in Section 6.1.

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies (HHS Agency).

PCS administers the procurement processes, which include Solicitation announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this Solicitation.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm

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5 Definitions Unless the context clearly indicates otherwise, throughout this Solicitation, the definition given to a term below applies whenever the term appears in this Solicitation, in any Response (Bid) submitted in response to this Solicitation, and in any Contract awarded as a result of this Solicitation. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this Solicitation issued by HHSC.

b) Bidder – Entity or individual that submits a response to this Solicitation. This term also includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract – A legally enforceable agreement between two or more parties. As a result of this Solicitation, HHSC may issue a Contract document or Purchase Order (see definition).

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Contract (Purchase Order) to provide the services or goods as a result of this Solicitation.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

g) Deliverables – The services or goods specified in this Solicitation and any resulting Contract, that the Contractor shall perform or deliver to the HHS Agency for acceptance.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: http://www.txsmartbuy.com/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this Solicitation, which provides terms and conditions, additional requirements and information related to this Solicitation.

j) HHS Agency - The Texas Health and Human Services Commission (HHSC) and the Texas Department of State Health Services (DSHS), separately or combined.

http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/esbd

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k) Purchase Order – A legally enforceable agreement between two or more parties. A Purchase Order is issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide. Also considered a Contract.

l) Response – All information and materials submitted in response to this Solicitation. May also be referred to as Bid or Bid Response.

m) Respondent – a term interchangeable with Bidder.

n) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this Solicitation and any resulting Contract which the Contractor is required to provide.

o) Solicitation - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bid or IFB.

p) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

q) Unit Rate – The set rate per the unit of measure (UOM), used for payment of the services, included on the Price Sheet under the Contract or Purchase Order. (e.g., Hourly, Daily, Weekly, Monthly, etc.).

r) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this Solicitation.

s) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number required in Exhibit A, HHS Solicitation Affirmations. Further information regarding this number may be accessed on the CPA website at https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p =payee_numreq.

6 General Solicitation Information

6.1 Sole Point of Contact and Communications

The PCS sole point of contact for inquiries concerning this Solicitation is:

Name MICHAEL FUENTES, CTCD, CTCM

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756 https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq

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Name MICHAEL FUENTES, CTCD, CTCM

Phone Phone #512-287-1710

Email Michael.Fuentes@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a response to this Solicitation. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this Solicitation, in writing by e-mail to the HHSC PCS sole point of contact named above;

communications by phone will not be accepted. See Appendix A for submission requirements.

All other communications between a Bidder and HHS agency staff concerning this Solicitation are prohibited. In no instance is a Bidder to discuss cost information regarding this Solicitation and contained in a response with the HHSC PCS point of contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Bidders seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC sole point of contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this Solicitation.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact are the HUB coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative, e.g., during contract negotiations, if allowed due to the circumstances of this procurement;

generally, negotiations are not allowed when soliciting with the Invitation for Bid method and there should be no expectation by Bidders that negotiations will be allowed for this procurement.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB coordinator at Section 8.1 HUB Contact may be contacted. The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

6.3 Offer Period

By submitting a Response to this Solicitation, Bidder agrees that its Response will remain a firm and binding offer for at least the period of time, 240 days, as also stated in the HHS Solicitation Affirmations (Exhibit A).

mailto:Michael.Fuentes@hhs.texas.gov

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Bidder may extend the time for which its Response will be honored and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this Solicitation or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for cost incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this Solicitation.

6.5 Changes, Modifications and Cancellation

HHSC reserves the right to change, amend, or modify this Solicitation prior to the Response Deadline indicated in the Procurement Schedule (cover page). Changes, amendments and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with the Notification of Addenda or Cancellation Section.

HHSC reserves the right to cancel this Solicitation at any time. The notice of cancellation will be in accordance with the Notification of Addenda or Cancellation Section.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the Solicitation and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

c) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

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6.7 Solicitation Questions or Clarifications

HHSC will allow written questions and requests for clarification regarding this Solicitation if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (Cover Page) or deadlines established in subsequent Addenda.

Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page) through a new Addendum. The notification will be processed in accordance with the Notification of Addenda or Cancellation Section.

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted in writing by e-mail and include the following information:

a) IFB Number and Title of Solicitation (from cover page) must be included in the e-mail subject line and in the e-mail body

b) Section or Paragraph number from this Solicitation

c) Page Number of this Solicitation

d) Exhibit name, Section or Paragraph, page number from the Exhibit

e) Language, Topic, Section Heading being questioned

f) Requestor Contact Information must be included in the body of the e-mail submitted with questions

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page) may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

Addenda for changes, modifications and answers to questions or requests for clarification as well as subsequent Addenda with amended answers to questions or requests for clarifications, will be posted to the ESBD. It is the responsibility of each Bidder to monitor the ESBD for any Addenda affecting this Solicitation. Failure to check the ESBD will in no way release any Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this Solicitation, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

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6.8.2 Cancellation Notification

HHSC reserves the right to cancel this Solicitation at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this Solicitation.

7 Scope of Work (SOW) and Specifications

7.1 Specifications

The Serological Analysis laboratory, within the Texas DSHS Laboratory, provides testing services in support of the DSHS HIV and Sexually Transmitted Disease (HIV/STD) programs. This includes testing to detect DNA and RNA from infectious microbes in patient specimens. The laboratory requires a contractor to provide the reagents, software, and equipment that allows for the full automation of nucleic acid amplification technologies (NAAT) to detect nucleic acid from Chlamydia trachomatis, Neisseria gonorrhea, Human Immunodeficiency Virus type 1, and Hepatitis C Virus. The contractor will also provide service and maintenance for all equipment.

I. goods description The vendor must provide:

a. Reagents for FDA-approved assays that utilize nucleic acid amplification technologies to detect nucleic acid from:

i. Chlamydia trachomatis and Neisseria gonorrhoeae in a single, qualitative assay for the following specimen types:

• Urine (male and female)

• Male urethral swabs

• Vaginal Swabs

• Endocervical swabs

• Rectal swabs

• Throat swabs

With performance characteristics that match or exceed the following:

Analyte Specimen Type Sensitivity Specificity

Chlamydia trachomatis

Endocervical swab 97.2% 99.3%

Male Urethral Swab 100% 99.1%

Vaginal Swab 97.2% 98.5%

Urine, Male 95.2% 99.8%

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Urine, Female 98.9% 99.8%

Rectal Swab 91.6% 98.9%

Throat Swab 88.2% 99.7%

Neisseria gonorrhoeae

Endocervical swab 100% 99.8%

Male Urethral Swab 100% 100%

Vaginal Swab 97.7% 99.6%

Urine, Male 98.7% 99.7%

Urine, Female 96.6% 100%

Rectal Swab 97.5% 99.5%

Throat Swab 96.1% 98.9%

ii. An FDA-approved, quantitative and qualitative assay for the detection and quantitation of Human Immunodeficiency Virus type 1. The assay should be capable of both confirming HIV-1 infection and measuring viral load.

1. Can be used as a quantitative assay for plasma.

2. Can be used as a qualitative assay for both plasma and serum.

3. With performance characteristics that match or exceed the following:

a. Limit of Detection (LoD) of at 12 copies/mL

iii. An FDA-approved, quantitative assay for the detection and quantitation of Hepatitis C Virus in both plasma and serum.

1. With performance characteristics that match or exceed the following:

a. Limit of Detection (LoD) of 3.9IU/mL for plasma and 3.4IU/mL for serum

II. Estimated Specimen Volume

a. Chlamydia trachomatis and Neisseria gonorrhea assay = 4000 per month

b. Human Immunodeficiency Virus type 1 assay = 180 per month

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c. Hepatitis C Virus assay = 20 per month

III. Cost

a. For Human Immunodeficiency Virus type 1 and Hepatitis C assays:

i. A “per reportable” structure, where fees are based on the numbers of reported test results and all materials and instrumentation. Pricing structure should include all related items to complete testing, including reagents, calibrators, controls, and consumables. DSHS shall not pay for runs of control materials, proficiency tests (PT) or tested specimens where no result is generated (i.e., “invalid” results). DSHS agrees to provide the vendor with monthly testing numbers so that the vendor can appropriately invoice.

ii. Controls, calibrators, consumables, and other supplies necessary for performance of each assay, at no additional cost to DSHS

b. For the Chlamydia trachomatis and Neisseria gonorrhea assay:

i. Respondent will provide line-item pricing, including item part number, item description, unit, unit cost, estimated annual quantity, and total cost. By purchase of provided reagent kits and associated consumables, Vendor shall authorize DSHS to use Vendor provided and installed equipment. Pricing is inclusive of equipment rental and services.

IV. Two redundant test systems (equipment) that:

a. Can process at minimum 275 samples within 8-hours.

b. Require controls to be loaded and analyzed no more than once every 24 hours.

c. Require less than 25 minutes of hands-on time per 96 samples.

d. Utilize universal reagents so all specimen types can be run with the same reagents for each assay.

V. Vendor must provide instrumentation that can fully automate the testing referenced above.

a. All instrumentation supporting testing must be new, not refurbished.

b. Vendor agrees to provide shipping and cover costs associated with installation, building modification, site preparation, validation, repairs, routine service, and upgrades.

c. Vendor shall maintain ownership of all instruments.

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d. Vendor is responsible for maintaining instrumentation, including performance of preventative maintenance, as recommended by manufacturer.

e. Vendor shall provide necessary supplies, including consumables, for all instrumentation.

f. Vendor will provide software updates at no additional charge.

g. Vendor will pay for interfacing of instrumentation with the relevant DSHS laboratory information management system (LIMS). Preference will be given to vendors with experience interfacing instrumentation with the laboratory’s LIMS;

the laboratory currently utilizes LabWare LIMS.

VI. The contractor shall provide 2 instruments that:

a. Allow for processing multiple assays on one patient sample.

b. Provide random access sampling with multiple assays.

c. Have a bi-directional LIS interface.

d. Have true positive sample ID with automated onboard sample barcode scanning.

e. Have automated, on-board decontamination of samples.

f. Have reagent dispense verification and liquid level sensing on all samples and reagents.

g. Have scheduled and automated daily maintenance activities.

h. Use Radio-frequency identification (RFID) technology for universal fluid tracking.

i. Allow continuous loading of samples and reagents throughout the day.

j. Allow for use of remaining tests in reagent kit to eliminate waste.

k. Be able to fit in the footprint no larger than 57 x 49 x 82 inches per instrument.

VII. Vendor will provide at no additional cost to DSHS:

a. Onsite training on assay methods, instrument use, maintenance, and common troubleshooting needs.

b. Online technical support and unlimited service calls. Technical support must be available, at minimum, between 8AM and 5PM CST, Monday through Friday.

c. Unscheduled service, including parts and labor, to DSHS within 24 hours of the request.

d. Repair and/or replacement of any and all necessary parts, as needed, by a trained technician, certified by the vendor.

VIII. This scope reflects assays currently performed by the DSHS Laboratory. Additional assays may be added to this contract, contingent on mutual approval from the vendor and DSHS.

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If awarded, Do Not ship entire Order upon receipt of purchase Order. Only release certain items upon the request of authorized DSHS staff.

See Exhibit D, Pricing Sheet

7.1.1 Equal Products

The information identified above is intended to be descriptive, not restrictive, and to indicate the quality and characteristics of products that will be satisfactory. If bidding other than specified brand or part number, bidder must include with bid sufficient literature to allow evaluation of the items. Failure to provide literature with bid response may be cause for not considering for an award.

7.2 Reworked Products

REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL

NOT BE ACCEPTED. Unauthorized substitutions prohibited. No substitutions, including product code number changes, shall be made unless the vendor has obtained prior written approval from HHSC Purchaser prior to shipment. Cost of substitute items shall be the same as the cost for the awarded item. Substitutions must meet or exceed the specifications written in the item description as published in this Solicitation.

7.3 Deliveries

7.3.1 Delivery Guidelines:

a) Observe all posted speed limits. Speed limits are strictly enforced.

b) Observe all stop signs and other traffic controls.

c) Parking must be in area designated by Warehouse staff.

d) Vehicles must be locked, and keys removed at all times when unattended.

e) Pedestrians have the right-of-way at all times. Drive with extreme caution and be prepared to cope with unexpected circumstances.

f) Firearms and alcoholic beverages are forbidden on campus.

g) Tools and equipment must be properly secured at all times.

h) No smoking.

i) Contact with residents is forbidden. Do not offer cigarettes, matches, lighters, food or money to residents.

j) If you require assistance with a resident, notify Facility staff.

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7.3.2 Carton Labeling/Pallet Labeling

a) At a minimum, product must be labeled on outer carton with the following information:

a. Description of Contents

b. Agency Purchase Order #

c. Quantity per Carton

b) At a minimum, pallets must be shrink wrapped and labeled.

7.3.3 It is required that vendor contact the point of contact specified on the issued PO to set up a delivery appointment.

7.3.4 Deliveries are to be made between 7:00 AM and 2:00 PM on date specified, but not between 11:00 AM and Noon to the address specified on the issued PO.

7.3.5 The vendor is responsible for payment of any additional charges by the contract warehouse (such as overtime, blast freezing, lowering temperatures, re-stacking; second delivery due to split delivery quantity [unless requested by HHSC], unloading charges, etc.).

7.3.6 ALL deliveries shall arrive ON TIME as requested by HHSC. It is the awarded vendor’s responsibility to contact HHSC Purchaser if unforeseen circumstances arise that may cause a delivery to be late.

7.3.7 HHSC reserves the right to purchase late items on an emergency basis and charge any resulting increase in price to the awarded vendor.

7.3.8 On orders calling for multiple deliveries, awarded vendor will be notified in writing by HHSC approximately four (4) weeks prior to requested delivery date.

7.3.9 Orders must be delivered complete. Items delivered must be the item bid.

Mixing of brands of items will not be allowed. Split deliveries will not be accepted, unless requested.

7.3.10 Products delivered that fail to meet specifications or are not the actual item(s) awarded on the contract shall be rejected or returned at the vendor's expense.

Vendor will reimburse the agency for cost of storage and handling fees incurred at the contracted storage facility and any cost to pick up and return product delivered to individual facilities. Any cost incurred to verify compliance with these specifications will be the responsibility of the vendor if product is found not to be in compliance. This may include but is not limited to laboratory tests.

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7.4 Receiving Products

The Agency will ensure product received is the same as awarded item. Product that is not the awarded contract item, or product that is damaged or otherwise not in good condition, will be refused. Instances of damaged case goods, the Agency will accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, The Agency may purchase needed items locally on an Emergency Purchase Basis. The awarded contract vendor shall be responsible for the difference in cost, if any, between the contract item and the emergency purchase items. Should the Agency determine an awarded product does not meet the specifications listed the Agency will immediately contact the vendor to attempt resolution. If not resolved, the Agency will contact the HHSC Buyer and HHSC Contract Manager. The Agency will retain the product case, label intact, under appropriate storage conditions until product is secured for further investigation.

8 HUB Subcontracting Plan (HSP) Requirements The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underutilized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Rules §20.281 to §20.298, Title 34, Chapter 20, Subchapter D, Division 1, Texas Administrative Code. The HUB Program rules may be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contracting and subcontracting opportunities with State of Texas-certified Historically Underutilized Businesses (HUBs). Information regarding the HHSC Policy on Using HUBs may be accessed at: https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

8.1 HUB Subcontracting Plan (HSP)

The HHSC HUB Coordinator has reviewed the service requirements of this Solicitation and has determined that subcontracting opportunities ARE probable for part or all the required services.

Reference the following Exhibits, included as a part of this Solicitation:

a) Exhibit F – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

8.2 Courtesy Review of HSP

A courtesy review of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

https://comptroller.texas.gov/purchasing/vendor/hub/ https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

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To request a courtesy review, submit the completed HSP including all supporting documentation in a PDF format by e-mail to the HHSC HUB Program Office by or before the Courtesy Review of HUB Subcontracting Plan deadline in the Schedule of Events, cover page.

• E-Mail for Courtesy Review: HHSCHUB@hhs.texas.gov

• E-mail Subject Line: HSP Courtesy Review, IFB No. HHS0014521, Due Date 03-27-2024

HSPs received after the “Courtesy Review of HUB Subcontracting Plan” deadline in the Procurement Schedule (cover page) or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

The final HSP must be submitted by the Response Deadline identified in the Procurement Schedule (cover page) or deadlines established in subsequent Addenda. Responses received without a properly completed HSP will be disqualified.

9 Pricing Information

9.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the initial term of the Contract.

The pricing must be submitted only using Exhibit D Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all Solicitation requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

9.2 Price Adjustments

Contractors are required to immediately implement any price decrease that may become available during the Contract term. Contractor must notify the designated contract manager in writing so that a Purchase Order Change Notice or Contract Amendment may be processed. The Contractor will be provided the contract manager contact information upon award.

9.2.1 Price Adjustment Index

Price adjustments are not automatic. Prices only may be adjusted at the sole discretion of

HHSC.

HHSC may permit price adjustments when correlated with the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI, Washington, DC 20212.

BLS Website: https://data.bls.gov/cgi-bin/srgate https://data.bls.gov/cgi-bin/srgate

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CPI-W Urban Wage Earners and Clerical Workers – Series ID: CWURR0000AA0:

https://data.bls.gov/timeseries/CWUR0000AA0

CPI-U All Urban Consumers – Series ID: CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0

When using the most recent monthly information from the index, the following applies:

A = Index from the month of the Response Deadline of this Solicitation, OR

The effective date/month of the last approved price increase or renewal option exercised

B = Current or latest baseline index

The allowable percent change must be calculated as follows:

B-A ÷ A x 100% = Percent of allowable price increase or decrease

Failure by the Contractor to calculate this formula and provide any supporting documentation will not be considered a properly submitted price increase request.

The Contractor may offer price decreases in excess of the allowable percent change at any time during the term of the Contract.

9.2.2 Price Adjustment Requests

The Contractor must provide, in writing to the HHS Agency contract manager, a request for a price adjustment. The adjustment request must use the index and formula identified in the Price Adjustment Index Section.

Contractor must provide supporting documentation to justify any price adjustment. Any request submitted that fails to use the formula above for calculating a price adjustment will not be considered a complete, properly submitted request. Additionally, any request submitted by a Contractor that does not include supporting documentation will not be considered a complete, properly submitted price adjustment request.

The HHS Agency reserves the right to accept or reject the request for a price adjustment. The Contractor will receive written notification, through a Purchase Order Change Notice or Contract Amendment, from the HHS Agency contract manager documenting action taken, to include effective dates, for any adjustments approved.

9.2.3 Federal Minimum Wage Adjustments

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (USDOL), if applicable.

The request must be submitted to the HHS Agency contract manager in writing and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. HHSC reserves the right to accept or reject the request for an increase.

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The effective date for an increase, if approved, will be based on the date of approval by the HHS Agency. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by HHSC. Notification of an approved increase in the Contract rate will be provided through a Purchase Order Change Notice or Contract Amendment from the HHS Agency Contract Manager to include the new unit price and effective date for the increase.

10 Changes to The Contract Following award, additional services or changes to the original solicitation be added/deleted via Purchase Order Change Notice (POCN) approved by the HHS Agency and the Contractor.

After award, substitute items may be accepted if they meet or exceed specifications with prior approval from agency.

11 Contract Term

11.1 Term of Contract or Purchase Order

The term of the awarded Contract or Purchase Order will be effective on the date the Purchase Order is issued and will expire based on the schedule for delivery of services or goods as outlined in this Solicitation or by the date or delivery days after receipt of order (ARO) provided by the Bidder.

11.2 Initial Contract Term:

Any contract resulting from this Solicitation will have an initial term beginning.

September 1, 2024, and expiring August 31, 2025.

11.3 Renewal Option(s)

HHSC, at its sole discretion, may renew the Contract for up to

Four additional one-year terms.

Renewal 1 term: 09/01/25 - 08/31/26

Renewal 2 term: 09/01/26 - 08/31/27

Renewal 3 term: 09/01/27 - 08/31/28

Renewal 4 term: 09/01/28 - 08/31/29

Such renewal(s), if exercised, shall be subject to all the requirements and terms and conditions of the Contract.

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11.4 Extension Option

The HHS Agency, at its sole option and subject to availability of funding, may extend the Contract beyond the initial term and all renewal periods for up to one (1) year as necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for purposes of transition to a new Contractor, or as otherwise determined by the HHS Agency.

This extension, if exercised, will require the Contractor to continue performing services in accordance with the Contract requirements and all terms and conditions.

12 Contract Administration/Transactional Purchase Order Administration

12.1 Contract Manager/Program Lead

A Contract Manager or Program Lead will be designated, and the contact information will be provided to the Contractor.

After award of any Contract resulting from this IFB, all communications related to the Contract and requests for changes to the Contract will be processed through the designated HHS Agency Contract Manager.

12.2 Services Performed

a) The HHS Agency Contract Manager or designee will monitor all work performed which shall be in accordance with this Contract, local codes and ordinances and any other authority having lawful jurisdiction and shall periodically communicate with the Contractor via telephone, email, and conduct on-site visits to address questions, concerns or progress.

b) It is important that the Contractor performs all duties and requirements as stated.

Failure to do so may result in termination of the Contract.

c) All services and deliverables must meet or exceed the required levels of performance specified in this Solicitation.

d) Contractor will be notified by the HHS Agency Contract Manager or designee in writing to correct any service or portion of a service. The Contractor shall take immediate action to correct the service or portion of a service at no additional cost to the HHS Agency.

The Contractor shall notify the HHS Agency Contract Manager or designee upon completion for HHS Agency inspection and acceptance, as applicable.

12.3 Performance Reporting

The HHS Agency Contract Manager is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance

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Tracking System (VPTS). The VPTS reporting is required throughout the life of a contract and not just at its conclusion. HHSC PCS, at its sole discretion, may submit reports in the VPTS on Purchase Orders under $25,000. The VPTS information and report search may be accessed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

Performance Notification – Non-Material Deficiency

The HHS Agency may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of the HHS Agency, do not result in a material deficiency or delay in the implementation or operation of the services.

12.4 Contractor Response to Notification of Non-Material Deficiency

The Contractor shall, within three (3) business days (or another date approved by the HHS Agency) of receipt of written notice of a non-material deficiency, provide the HHS Agency Contract Manager a written response that:

a) Explains the reasons for the deficiency, the Contractor’s plan to address or cure the deficiency, and when the deficiency will be cured; or

b) If the Contractor disagrees with the HHS Agency’s findings, the response must include the reasons why the findings are disputed.

The Contractor’s noncompliance or rectifying the deficiency may result in delayed payment or non-payment as determined by the HHS Agency.

12.5 Corrective Action Plan (The Plan)

At its discretion, the HHS Agency may request in writing and require the Contractor to submit a detailed written Corrective Action Plan and include how the Contractor will correct or resolve an issue, deficiency, or a breach of this Contract.

The Plan must include, but is not limited to:

a) A detailed explanation of the reasons for the cited deficiency;

b) The Contractor’s assessment or diagnosis of the cause; and

c) A specific proposal to cure or resolve the deficiency.

The Plan must be submitted by the deadline set forth in the HHS Agency’s request.

The Plan is subject to approval, which will not be unreasonably withheld, by the HHS Agency.

12.6 Performance Issues

The Contractor shall be required to correct all performance issues reported by the HHS Agency Contract Manager within 48 business hours. If requested by the HHS Agency, the Contractor https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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The HHS Agency Contract Manager may report the following compliance issues to HHSC/PCS for resolution.

a) Failure to reach agreement on corrective action.

b) Failure to perform in accordance with the Corrective Action Plan.

c) Violations of this Contract and Corrective Action Plan(s).

12.7 Confidential or Proprietary Information

Bidder Requirements Regarding Disclosure

Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

Under the PIA, certain information is protected from public release. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

a) Mark Original Proposal

1. Mark the Original Proposal, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

2. Identify, adjacent to each portion of the Solicitation Response, that Bidder claims is exempt from public disclosure, the claimed exemption from disclosure (NOTE: no redactions are to be made in the Original Solicitation Response).

b) Certify in Original Solicitation Response - HHS Solicitation Affirmations (attached as Exhibit A to this Solicitation)

1. Certify, in the designated section of the HHS Solicitation Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

and

2. Submit Public Information Act Copy of Proposal

i. Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

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ii. The copy must be clearly marked as “PUBLIC INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

iii. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out); and

iv. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Proposal as required in Subsection (a)(2), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Solicitation Response, provide the required certification in the HHS Solicitation Affirmations, and submit the Public Information Act Copy, Bidder’s Solicitation Response will be considered to be public information that may be released to the public in any manner including, but not limited to, in accordance with the Public Information Act, posted on the HHS public website, and posted on the Legislative Budget Board’s public website.

If any or all Bidders submit partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this section, HHSC, in its sole discretion and in any solicitation, reserves the right to (1) disqualify all Bidders that fail to fully comply with the requirements set forth in this section, or (2) to offer all Bidders that fail to fully comply with the requirements set forth in this section additional time to comply.

Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may make the entire Solicitation Response subject to release under the PIA.

Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including HHSC and all other state agencies, without cost or liability.

HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA.