ESBD_File_353844_HHS0014234 PCS 137 IFB for Luggage.docx

PCS 137

HHS Procurement and Contracting Services

IFB DOCUMENT

Solicitation No. PCS 137 HHS Procurement and Contracting Services

Invitation for Bid (IFB) : Formal

Formal responses may be mailed to the address in Section 4.7. E-mail and electronic responses submitted through the HHS Online Bid Room will only be accepted if indicated in the solicitation. Response may NOT be submitted by Fax.

Contact Information:

Purchaser: Courtney Meads CTCD, CTCM Phone: 512-406-2478 Email: Courtney.meads@hhs.texas.gov Mail Response, if applicable:

Hand Delivery:

Health and Human Services Commission Attn: Bid Room Coordinator Procurement and Contracting Services 1100 W 49th St. MC: 2020 Austin, TX 78714-9166

OR

Overnight/Express/Priority Mail Delivery:

Health and Human Services Commission Attn: Bid Room Coordinator Tower Building Room 108 1100 W 49th St. MC: 2020 Austin, TX 78756

OR

Email Response to:

pcsbids@hhsc.state.tx.us, OR Submit Response Online to, if applicable:

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room (You must be registered to submit online.)

Ship to or Service Delivered to Location:

Multiple Shipping Locations See HHS0014234 Exhibit E Shipping Address

By signing this document, respondent certifies that prices shown on this quote are true and correct. Should this bid/offer result in a Purchase Order, respondent agrees to comply with all “Terms and Conditions,” which are attached and incorporated into this document.

Check below if preference claimed under Texas Administrative Code (TAC), Title 34, Part 1, Chapter 20, Subchapter D, Division 2, Rule § 20.306:

□ 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.

VENDOR / RESPONDENT MUST COMPLETE ALL ITEMS

Signature of Vendor or Authorized Representative

Print Name (Must be manually signed; failure to sign will disqualify response.)

Texas Vendor Identification No. (or Federal Employer’s ID):

Name of Business Street Address City-State-Zip Code Telephone Number Fax Number E-Mail Address *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 Tex. Gov’t Code § 2155.444(c)(2).

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.

1. INTRODUCTION AND PURPOSE OF IFB

The Health and Human Services Commission (HHSC) Procurement and Contracting Services (PCS) on behalf of the Department of Family and Protective Services (DFPS) is issuing this Invitation for Bid (IFB) to solicit Respondents to enter into contracts with DFPS to provide a large piece of luggage or duffle bag to children or youth, to transport their belongings when being removed from a home due to an investigation or when moving from their placement to another placement location. This requirement was established in Sec. 263.008(b)(3) of the Texas Family Code.

DFPS shall enter one contract with one Respondent for all DFPS Regions 1-11 (See Section 13 for Map).

Exhibits to this IFB:

· Exhibit A - Solicitation Affirmations v.2.4

· Exhibit B - DFPS Uniform Terms and Conditions

· Exhibit C – Pricing Sheet

· Exhibit D – Online Bid Room

· Exhibit E – Location Shipping Addresses

· Exhibit F – Respondent Reference Form

Class and Item:

530-50 Duffle and Tote Bags

AGENCY 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 agencies). As a result of the consolidation due to House Bill 2292 (HB2292), some of the contracting and procurement activities for HHS agencies have been assigned to the PCS section of HHSC. As such, HHSC/PCS will administer the initial stages of the procurement process, prior to the contract award, including IFB announcement and publication, handling of communications from the respondent, as well as managing the receipt and evaluation of valid responses for final review and evaluation. HHSC/PCS directs the execution of the award of the contract resulting from this IFB.

DFPS will administer the contract.

DEFINITIONS

· Appendix – Additional information and/or forms that is available in the back of this IFB document.

· Bidder– Entity or individual that submits a response to an IFB. See Respondent.

· Contract – A written document referring to promises or agreement for which the law establishes enforceable duties and remedies between a minimum of two parties.

· Contract Term – The period of time during which the Contract will be effective from begin date to end, or renewal date. The contract term may or may not be the same as the budget period.

· Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause set forth in Title 34, Texas Administrative Code, Chapter 20, Subchapter G, and the System of Award Management (SAM).

· Deliverables – Goods or services contracted for delivery or performance.

· Due Date – Established deadline for submission of a document or deliverable.

· Effective Date – The date the contract term begins.

· Respondent – Entity or individual that submits a response to an IFB. See Bidder.

· Scope of Work – A statement that defines specific services to be performed.

· IFB – The process of notifying prospective contractors of an opportunity to provide goods or services to the State. It is used interchangeably with ‘solicitation’ in this IFB.

· Subcontractor – An entity hired by an awarded contractor to perform a portion of the scope of work by the entity contracting with DFPS as a result of this IFB. The Contractor remains entirely responsible for performance of all requirements of the Contract through monitoring the subcontractor’s performance.

· Unit Rate – Payment mechanism for services that are paid at a set rate per unit of service; for example, plumbing repair services at a prescribed rate per hour.

· Vendor – A contractor that provides goods and services that are typically procured through the open market.

· Vendor Identification Number (Vendor ID No.) – Fourteen-digit number needed for any entity to contract with the State of Texas, and which must be set up with the State Comptroller’s Office. It consists of a ten-digit Vendor ID No. (IRS number, state agency number, or social security number) + check digit + 3-digit mail code.

INSTRUCTIONS TO RESPONDENTS

Before submitting a response to this IFB, read the ENTIRE IFB including Exhibit B - DFPS Uniform Terms and Conditions. Failure to read any part of this IFB will not relieve an awarded Contractor of their contractual obligations.

Failure to comply with this section may result in disqualification of a Respondent’s Application.

Responses to this IFB will be received until the date and time shown above. Incomplete or late responses will not be considered.

The preferred methods of response are online bid portal or via email. Responses will be emailed to pcsbids@hhsc.state.tx.us or via the HHS Online Bid Room (see Exhibit D- Online Bid room). Faxed responses will not be accepted. Response send to any other email address will not be accepted.

If submitting by hand delivery, overnight/express/priority delivery, all documents should be submitted on a single USB drive and must be in Microsoft office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (PDF) file. HHSC is not responsible for documents that cannot be read or converted. Unreadable responses may be, in HHSC’s sole discretion, rejected as nonresponsive.

The Response must include all documentation required by this Solicitation.

Submit one (1) USB drive of the complete response package – hard copy responses will not be accepted.

The USB drive must be enclosed in properly documented and sealed envelope or sealed carton.

The envelope or carton must be properly labeled, on the face or top of each, with the following:

Bidder’s name Contact name for response.

Phone number for response contact Solicitation number from the cover page of this Solicitation HHSC PCS purchaser name (Questions, Section 5).

Responses to this solicitation may be submitted in original hard copy to the address below. An authorized officer of the Respondent must manually sign submittal.

Health and Human Services Commission Attn: Bid Room Coordinator Procurement and Contracting Services 1100 W 49th St. MC: 2020 Austin, TX 78756 Health and Human Services Commission Attn: Bid Room Coordinator Tower Building Room 108 1100 W 49th St. MC: 2020 Austin, TX 78756

Fax responses will NOT be accepted. Emailed responses and responses submitted electronically through the HHS Online Bid Room will be accepted. Emailed responses must be submitted to pcsbids@hhsc.state.tx.us. For instructions on registration and use of the HHS Online Bid Room, (Exhibit D Online Bid Online,) Electronic Response must be submitted to https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room.

HHSC/PCS will not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive submissions will not be considered. DFPS will not be held responsible for any solicitation response that is mishandled prior to receipt by DFPS. DFPS will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt of the Respondent’s proposal.

All solicitation responses become the property of HHSC after submission and will not be returned to Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the solicitation response to HHSC by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice of receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Response must include all required information/documents for this specification but may contain additional information considered pertinent by Respondent. HHSC/PCS reserves the right to reject any or all responses.

Procurement Schedule

QUESTIONS

The sole point of contact for inquiries concerning this IFB is:

Purchaser’s name: Courtney Meads CTCD, CTCM Telephone: 512-406-2478 E-mail address: Courtney.meads@hhs.texas.gov

Submit questions directly to the Sole Point of Contact by email. See above for email address.

Direct all communications relating to this IFB to the HHSC/PCS point of contact named above. All other communications between a Respondent and HHS agency staff concerning this IFB are prohibited. In no instance is a Respondent to discuss cost information contained in a response with the HHSC/PCS point of contact or any other staff prior to response evaluation. Failure to comply with these requirements may result in Response disqualification.

HHSC/PCS AMENDMENTS AND ANNOUNCEMENTS REGARDING THIS IFB

HHSC/PCS will post all official communication regarding this IFB on the ESBD website, including the notice of award for IFBs exceeding $25,000. HHSC/PCS reserves the right to revise the IFB at any time. Any changes, amendments, or clarifications will be made in the form of written responses to Respondent questions, amendments, or addendum issued by HHSC/PCS on the ESBD website. Respondents should check the website frequently for notice of matters affecting the IFB.

6.1 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.

6.2 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.

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code Section 2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, DFPS is not requiring a HUB Subcontracting Plan (HSP) be submitted with this proposal.

However, if respondent determines the need to subcontract, (or hire 1099 employees) for any services, equipment, materials and/or supplies to fulfill the terms of this contract, the respondent must inform the HHSC Point of Contact listed in the General Information section within five (5) business days of the solicitation posting to the Electronic State Business Daily, so that the solicitation may be updated. The respondent must submit a complete HUB Subcontracting Plan with its proposal to be considered responsive. The HSP form may be accessed at:

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

If after the contract award the contractor determines a need to subcontract for any services, equipment, materials, and/or supplies, the contractor must contact DFPS for prior approval and request a review of its HUB Subcontracting Plan in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section §20.285. The contractor may not utilize a subcontractor without prior written approval from the DFPS.

You are encouraged to contact the DFPS HUB Coordinator for HUB Program or HSP questions.

ESTIMATED QUANTITIES

Neither HHSC/PCS nor DFPS guarantees the acquisition of any quantities of goods or services during the term of the Contract. "Quantity" information is provided only as a guideline for preparing the response. The quantity information should not be construed as representing anticipated or actual quantities that will be ordered.

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) MISSION

The mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities.

IFB PURPOSE AND BACKGROUND

House Bill 3765 establishes that the Department of Family and Protective Services will provide luggage for the transport of the personal belongings of a foster child. House Bill 3765 requires DFPS to create procedures to provide one piece of luggage to a foster child when the child is removed from their home or placement. This luggage will become the child’s personal property. DFPS has defined luggage to be a duffle bag of specified dimensions, size, and quality as defined in this IFB.

SCOPE OF WORK (SOW) TO BE PERFORMED

11.1 Respondent will provide a Durability, longevity, and quality are necessary as the duffle bag will become the child’s personal property for continued use.

11.2 This duffle bag will be provided to a child at the time of removal to enter DFPS care or when a child is changing placement. Respondents will be required to send a sample bag prior to contract award. Respondent will be required to ship to multiple locations at no additional costs to the agency. Respondent must provide duffle bags that meet the minimum qualifications and specifications in Item 12 below.

11.3 Respondents will provide for one piece of luggage or duffle bag. Must meet the specification listed on below (12. Minimum Qualifications).

11.4 Sample bags must be sent to DFPS and approved prior to awarding contract. This will be at no cost to the agency.

Send to: CPI Program Specialist 8700 N Stemmons Fwy Dallas, Texas 75247 Attn: Andrea Terrell

11.5 Respondent will also be required to ship to multiple locations at no additional costs to the agency. Ship to locations is located on Exhibit E Locations shipping addresses.

This contract will fulfill requirements obtained in House Bill 3765 amends Sec.263.008(b). https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03765F.htm

MINIMUM QUALIFICATIONS For Duffle Bag

· 25” w x12”h x12” d

· 900 Denier water repellant fabric

· Adjustable detachable shoulder strap

· Double handles at top in addition to shoulder strap

· Reinforced bottom

· U-shape zipper on the top of the bag that is easily accessible.

· Accessory pocket on inside back

· Mesh end pocket on one end

· Zippered end pocket on one end

· Large inside with small pockets

· Bag color shall be of a single color: Blue or Brown or Black or Grey

· Bags shall bear no graphics, drawings or writing, unless it is the brand of the bag.

DFPS REGIONS - SERVICE LOCATIONS

A Respondent must provide services in all DFPS Regions (Click link for DFPS Regions Map) http://www.dfps.state.tx.us/contact_us/map.asp).

0.1. Respondent will provide shipping to multiple locations to ensure staff always have access to the duffle bags, and do not have to travel to obtain the duffle bags. Items must be shipped without additional costs to the agency.

0.2. DFPS will be responsible for ensuring the duffle bag(s) received is the same as the awarded item. Duffle bag(s) that is not the awarded item, or duffle bag(s) that is damaged or otherwise not in good condition, should be refused at the time of delivery.

0.3. DFPS will ship to individual offices as designated by point of contacts within the regions. The locations are subject to change and DFPS will provide any changes or additional locations. The following are currently designated for shipping:

CPI:

Region 1

Region 2

Region 3E

• 8700 N Stemmons Fwy, Dallas, Tx 75247

Region 3W

• 1712 W. Frankford Rd, Carrollton, 75007

Region 4

Region 5

Region 6A

Region 6B

• 3150 BF Terry BLVD Rosenberg, TX 77459

Region 7

• 2505 S General Bruce Dr. Ste. 25, Temple, Tx 76052

Region 8

Region 9

• 622 S. Oakes Ave, Ste L San Angelo TX 76934 Region 10

• TBD

Region 11

Ordering, Packaging, Shipping, and Tracking

0.4. The DFPS designated Point of Contact (POC) will send vendor duffel bag orders by email to the Vendor. Vendor shall confirm the order with the DFPS POC by email/other notification method and shall confirm to the DFPS POC the tracking information for each shipment, prior to shipping.

0.5. Awarded Bidder will be responsible for the packaging, shipping, and tracking of Duffle Bags.

0.6. Awarded Bidder will ship all Duffle Bag orders within seven (7) business days.

0.7. Awarded Bidder will provide monthly reports of amounts shipped and tracking information to the DFPS program contact. The DFPS program contact information will be provided in the Contract.

Reworked Products

0.8. REWORKED PRODUCTS, PRODUCTS PREVIOUSLY REFUSED FOR DELIVERY OR SECONDS WILL NOT BE ACCEPTED. Unauthorized substitutions are prohibited. No substitutions, including product code number changes, shall be made unless the Awarded Bidder has obtained prior written approval from DFPS 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.

Written Reports and Compliance

0.9. Respondent will prepare additional written reports for DFPS when requested and in the format required by DFPS.

16.2 Respondent will comply with the DFPS Vendor Uniform Terms and Conditions (Exhibit B- DFPS Uniform Terms and Conditions (UTCs))

COST OF SERVICES

Respondents must propose to provide these services within the parameters of the following: FY 2024 for $ 111,021.00 and FY 2025 for $328,968, which must be provided on the Pricing Sheet and Minimum Qualifications (Exhibit C Pricing Sheet).

CONTRACT TERM

0.10. Initial Contract Term

DFPS will award contracts that start on Date of Award thru August 31, 2025, with one (1) renewal option. DFPS reserves the right to award contracts for a Contract Term of any duration.

Date of Award -August 31,2024 will not Exceed $ September 1,2024 thru August 31, 2025, will not Exceed$

18.2 Renewal Options

DFPS, at its sole discretion, may renew the Contract for up to one Renewal Term. Such renewal(s), if exercised, shall be subject to all the requirements and terms and conditions of the Contract.

18.3 Extension Option

DFPS, at is 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.

PRICING INFORMATION

19.1 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 C - 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.

19.2 Price Adjustments

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

INVOICING AND PAYMENTS

No payment will be made without the submission of accurate and proper invoices to DFPS based on completed services requests.

Invoices must be received at the DFPS designated location and in the format identified by DFPS in accordance with the Texas Prompt Payment Act (see Texas Government Code Chapter 2251).

INSURANCE

The Respondent agrees to comply with Insurance requirements in DFPS Vendor Uniform Terms and Conditions (Exhibit B- DFPS Uniform Terms and Conditions (UTCs)).

REMEDIES AND DISPUTES

Respondent agrees to comply with the remedies and dispute requirements in the DFPS Vendor Uniform Terms and Conditions (Exhibit B- DFPS Uniform Terms and Conditions (UTCs)

REFERENCES

Respondents must submit with response a list of business references (minimum of three) for which they have provided similar services for in the last two years – see Respondent Reference Form (Exhibit F Respondent Reference Form). Respondent’s references should include at a minimum the company name, company point-of-contact, phone number, address, city, state, zip code and description of services provided, including language(s) interpreted (see Respondent Reference Form (Exhibit F Respondent Reference Form -)). Failure to submit required list of references may cause response to be disqualified. HHSC/PCS may contact any or all references prior to an award. Any negative response may result in disqualification of the Respondent’s submittal.

MINOR INFORMALITY OR WITHDRAWAL OF RESPONSE

Responses may be withdrawn from consideration at any time prior to the response submission deadline. A written request for withdrawal must be made to the HHSC/PCS sole point of contact. A Respondent has the right to amend its response at any time and to any degree by written notice of changes or corrections in a sealed letter or carton to the Response Coordinator prior to the response submission deadline. HHSC reserves the right to waive minor informalities in a response and award a contract that is in the best interests of the State of Texas. A minor informality may include, but is not limited to, a minor irregularity or error such as a clerical error in the production of copies of the response. When HHSC determines that a response contains a minor informality, HHSC will notify the Respondent of the irregularity or error and will provide the Respondent the opportunity to correct.

EVALUATION

25.1 Any negative result concerning submission information, references or forms may cause response to be disqualified.

25.2 In evaluating responses to determine the best value for the State, HHSC/PCS may consider information related to past contract performance/results of a Respondent including, but not limited to CPA’s Vendor Performance Tracking System.

26.3 All responses will be evaluated in a standard manner and will be rated according to the following criteria.

26.3.1 COST OF GOODS/SERVICES SPECIFIED IN IFB

Costs of goods/services are significant in the overall evaluation of the responses. However, DFPS is not obligated to select the lowest cost response. The award will be made to the Respondent(s) whose responses are most advantageous to DFPS cost and other factors considered.

26.3.2 EXPERIENCE AND PERFORMANCE RECORD

DFPS reserves the right to consider Respondent’s experience with this agency or contact individuals or businesses, whether private or governmental, which might have information bearing on the performance record of respondents.

26.3.3 CAPABILITIES

Evaluation will be based upon your response to this IFB, overall experience, and Respondent’s capabilities with particular emphasis on the degree of supervision and number of employees that will be provided to perform this Contract.

AWARD

26.1 DFPS has the right to make one or more awards based on a low line item, low total (group or groups) or in any other combination, to the lowest Respondent meeting or exceeding all advertised specifications, performance requirements, and terms and conditions, that will best serve the interests of the State. DFPS will be sole judge of “the best interest of the State.”

26.2 A contract award or awards will be made to the highest-ranked Respondent(s) after DFPS is satisfied that the Respondent has met stipulations contained in this IFB, and that the Respondent can perform per specifications, terms, and conditions. DFPS may also opt not to issue an award about this IFB. During the life of this Contract, DFPS reserves the right to solicit for services that would normally be performed/accomplished using this Contract if it deems that by doing so would be in the best interest of the State.

PROTEST PROCEDURES

Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C outlines HHSC’s respondent protest procedures.

CONFIDENTIAL OR PROPRIETARY INFORMATION

28.1 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:

1. Mark Original Proposal

a. 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

b. 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).

2. Certify in Original Solicitation Response - HHS Solicitation Affirmations (Exhibit A- Affirmation and Solicitation Acceptance)

a. 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

b. 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).

ii. The Public Information Act Copy must meet the following requirements:

1. 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).

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

3. 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. HHSC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. Bidders are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidders.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at http://www.texasattorneygeneral.gov.

Appendix A – RESPONDENT CHECKLIST FOR SUBMISSION OF RESPONSE The following is checklist of certain required and requested items in this IFB to assist the Respondent in responding to this IFB. Failure to submit required information may cause response to be disqualified.

|_| Respondent should submit response in accordance with the instructions on Page 1 of this IFB. Response must be submitted in a sealed envelope referencing the following information in the lower left corner of the envelope: opening date & time, requisition number and Respondent’s name and address.

|_| Respondent must sign and return Page 1 of the IFB. Unsigned responses will not be considered under any circumstance.

|_| Respondent will complete Payee ID Number, full business name, and address of Respondent on Page 1 of the IFB.

|_| Respondent must read the IFB thoroughly and understands that by signing the response the Respondent represents that they have read and understood the specifications as well as the Terms and Conditions.

|_| Respondent must submit with response a list of business references on Respondent Reference Form (Exhibit F Respondent Reference). Failure to submit required list of references may cause response to be disqualified.

|_| Respondent will submit with response, the following completed and signed forms and information. Failure to return form(s) may cause response to be disqualified.

|_| IFB Document - Page 1 of the IFB with signature |_| Exhibit A – Affirmation and Solicitation Acceptance Form |_| Exhibit C – Pricing Sheet |_| Exhibit F – Respondent Reference |_| PCS 121 Addendum Acknowledgement Form(s), (if issued), signed.

|_| Copies of Certifications, License, Registration, and Permits, if applicable

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