ESBD_File_354007_1_Part A 304T-24-885M2.1 Water Treatment Chemicals.pdf

Solicitation No. 304T-24-885M2.1

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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

REQUEST FOR PROPOSALS

Water Treatment Chemicals

RFP No. 304T-24-885M2.1

NIGP CLASS-ITEM

885-16 885-38 885-70

885-28 885-40 885-77

885-31 885-44 885-80

885-32 885-47 885-94

885-36 885-51 885-96

885-60

SCHEDULE OF EVENTS

ESBD Posting Date 3/27/2024

Pre-Proposal Conference Date and Time 4/5/2024

Questions Submission Deadline Date 4/10/2024

Response to Questions through Addendum Date, or as soon thereafter as practical 4/16/2024

RESPONSE DUE DATE 4/23/2024

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and

Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

ATTACHMENT E - QUESTIONNAIRE

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or

Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

MANUFACTURER’S CATALOG

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 DISCOUNT STRUCTURE – FIRM DISCOUNT WITH NO ESCALATION

A.5 DISCOUNT ADJUSTMENTS

A.5.1 DISCOUNT INCREASES

A.5.2 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 RESPONDENT QUALIFICATIONS

A.7.2 PERSONNEL QUALIFICATIONS

A.7.3 CONTRACT SCOPE

A.7.4 PRODUCTS AND SERVICES NOT COVERED

A.7.5 GENERAL REQUIREMENTS

A.7.6 REGULATORY REQUIREMENTS

A.7.7 WATER TREATMENT SERVICE REQUIREMENTS

A.7.8 SPECIFICATIONS

A.7.9 SAMPLE TESTING – POST AWARD

A.7.10 CONDITION OF PRODUCTS

A.7.11 QUANTITIES

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 SAFETY DATA SHEET (SDS)

A.8.3 PACKAGING AND LABELING

A.8.4 SPECIAL DELIVERY REQUIREMENTS

A.8.5 HOURS OF DELIVERY

A.8.6 DELIVERY SCHEDULE

A.8.7 DELIVERY DELAYS

A.8.8 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.3 REPORTING REQUIREMENTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 PRE-PROPOSAL CONFERENCE

A.11.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 EVALUATION PROCESS

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A.14.4 EVALUATION FACTORS

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E – QUALIFICATIONS AND EXPERIENCE QUESTIONNAIRE

A.16.7 PROPOSAL CRITERIA

A.16.8 MANDATORY PRICE SHEET

A.16.9 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.10 MANUFACTURER’S CATALOG

A.16.11 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

The Texas Comptroller of Public Accounts, the state agency issuing this

Solicitation.

Customer

State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD

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

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

NIOSH National Institute for Occupational Safety and Health

OSHA Occupational Safety and Health Administration

Party or Parties Either CPA or Respondent, separately or collectively.

RFP Requests for Proposals

Respondent Any person who submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation

This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

USDA United States Department of Agriculture http://www.txsmartbuy.com/esbd

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A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Water

Treatment Chemicals.

Major customers for these items are the Texas Department of Criminal Justice (TDCJ) as well as institutions of higher education such as, but not limited to, the University of Texas at Austin, the

University of North Texas, Texas State University and Sam Houston State University.

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on February 28th, 2025.

1st Renewal Option: March 1, 2025, through February 28, 2026

2nd Renewal Option: March 1, 2026, through February 28, 2027

3rd Renewal Option: March 1, 2027, through February 29, 2028

4th Renewal Option: March 1, 2028, up to one (1) additional year

CPA may unilaterally renew the Contract.

A.4 PRICING

A.4.1 Discount Structure – Firm Discount with No Escalation

Response discounts must be firm, all-inclusive, fixed discounts. If a Contractor offers or provides a higher discount to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same higher discount under the

Contract.

Unit prices resulting from discount bid must include all RFP requirements. Shipping shall be FOB destination; therefore, unit prices resulting from discount bid must include statewide delivery (all shipping, handling, and delivery fees and fuel surcharges).

A.5 DISCOUNT ADJUSTMENTS

A.5.1 Discount Increases

Contractor shall immediately implement any discount increase that becomes available. Contractor shall notify CPA of discount increases by email to: spd.cmo@cpa.texas.gov. Discount decreases for this contract will not be allowed.

A.5.2 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the

Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

mailto:spd.cmo@cpa.texas.gov

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A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract and any renewal periods or additional extensions the minimum insurance coverage specified in the table below. The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If

Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage.

Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See

Section A.16.5. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Commercial General Liability

(Occurrence based)

Required types of coverage: Blanket, Broad

Form Property Damage, Premises and

Operations Hazards, Products and Completed

Operations Hazards, Independent

Contractor’s, and Contractual Liability

Bodily Injury and Property Damage

$1,000,000 Each Occurrence Limit

$2,000,000 Aggregate Limit

$2,000,000 Products/Completed

Operations Aggregate Limit

$1,000,000 Personal Injury and

Advertising Liability

Automobile Liability

All Owned, Hired and Non-Owned Vehicles

(Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Workers’ Compensation

(Required if the Contractor has one or more employees)

Statutory Limits

Employer’s Liability

Bodily Injury by Accident

Bodily Injury by Disease

Bodily Injury by Disease

$1,000,000 Each Accident

$1,000,000 Each Employee

$1,000,000 Policy Limit

Umbrella or Excess Liability

$1,000,000 of additional coverage (either

Umbrella or Excess Liability) for all liability policies required for this

Contract (excluding Workers’

Compensation insurance)

Hazardous Material $5,000,000 Each accident

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

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Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

All required insurance policies must be issued from a company or companies with a Financial Strength

Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the

State of Texas and in a form satisfactory to CPA. Except as specified below, all insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers, and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this

Contract or any purchase order.

Within five business days of receiving the Notice of Award, Contractor shall submit current certificates of insurance to CPA. Notices will be sent to spd.cmo@cpa.texas.gov. Failure to submit acceptable proof of insurance may result in termination. Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the

Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR.

Contractor must obtain CPA’s prior approval of an SIR in excess of $10,000, and provide any documentation requested by SPD.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy; and

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

file://///Core.cpa.state.tx.us/Data/StatewideProcurement/Shared/CONTRACT%20DEVELOPMENT/_FY23%20IFB%20and%20RFP/885-M2%20Water%20Treatment%20Chem/1)%20Solicitation%20Development/spd.cmo@cpa.texas.gov

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A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Respondent Qualifications

The Respondents shall:

(1) Be a company or an individual whose partners or principals or both have a minimum of 10 years of experience providing Water Treatment Chemicals to Federal or State government agencies or to law enforcement agencies of major US cities or counties; and

(2) Be a company or an individual whose partners and participants have not filed for bankruptcy within the last 5 years.

A.7.2 Personnel Qualifications

The primary individual developing the Water Treatment Programs for the Contract must hold the relevant licenses and certifications needed to work in the Water Treatment chemical field, and at a minimum, have one of the following:

(1) 4-year Bachelor of Science degree in chemistry or a related field plus 5 years of experience in the water treating industry; or

(2) 10+ years of experience in the water treating industry.

A.7.3 Contract Scope

Products - Contractor shall provide water chemicals and formulations (hereby referred to as

“treatments”) to meet the Customer’s needs for boilers, cooling towers, closed loop cooling systems, HVAC and water softening per the extent of their award. The applicable product range will include treatments for open recirculating water, associated wastewater, boiler feed water and cooling system makeup water. Contractor shall also provide catalog of available products bid, reference Section

A.16.10 Manufacture’s Catalog. The function of these treatments is to protect, maintain and clean said equipment. Additional treatments on this contract will soften water for general consumption.

treatments must comply with all regulations stated in Section A.7.5.

Services – Review Section A.7.7 for a listing of services that are to be provided by the contractor at no additional cost with purchase.

A.7.4 Products and Services NOT Covered

The products and services listed in this section are a guideline of items that are not allowed to be purchased under this Contract. The guideline is not to be considered an all-inclusive list of items not covered under the Contract scope. For any questions regarding an item being covered under the

Contract, reference Section A.11.3 Question and Answers and Section A.11.4 Points of Contact.

Filters - The only filters allowed for purchase through this Contract are chemical filters, such as flocculants. Physical barrier filters using a semipermeable membrane such as those used in reverse osmosis or ultrafiltration systems must be procured separately by the Customer.

Instruments for Monitoring Water Quality – This Contract does not cover equipment used to monitor pH, corrosion rate, turbidity, fouling, conductivity, the presence of fluorescing compounds and other parameters used in water treatment processes. These instruments can include, but are not limited to, conductivity controllers, pH controllers, sensors, electrodes, analyzers, monitors, flow-through assemblies, condensers, and heat exchangers. Instruments for monitoring water quality must be procured separately by the Customer.

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Water Testing Kits – Since water test kits are a form of measuring water quality, this Contract does not cover the purchase of these kits or their components. Test kit components can include, but are not limited to, replacement titrants and indicators. Water testing kits must be procured separately by the

Customer.

Chemical Feed Systems – While integral to the use of water treatment chemicals, this Contract does not cover the procurement of such systems or their components. Chemical Feed Systems may include, but are not limited to, large chemical tanks, shuttle tanks, metering pumps, diaphragm pumps, feeders

(gravimetric, volumetric and/or dissolving), water-jet eductors, mixers, injection monitors and timers.

Chemical feed systems and their components must be procured separately by the Customer.

Software – This Contract does not cover the procurement of software or smartphone applications used to monitor water composition, to maintain equipment efficiency or to dispense water treatment chemicals. Such programs could be, but are not limited to, software that monitors Chemical Feed

Systems or collects data on recirculating water, makeup water or feed water. Software must be procured separately by the Customer.

Instruments for Monitoring Equipment Damage – This Contract does not cover instruments that assess internal scale build-up or corrosion damage of boiler and cooling systems. Procurement of instruments such as, but not limited to, fiber optics, video equipment, cameras or analyzes fall outside of this contract. These items must be procured separately by the Customer.

Water Management Programs – Fee based water management services fall outside the scope of this contract. Procurement of “paid for” water services must be ordered, completed, and paid separately.

A.7.5 General Requirements

All treatments under this Contract must meet the following general criteria:

(1) Equipment Compatibility:

a. Contractor will provide appropriate treatments suitable for local operating equipment at Customers’ locations.

b. Contractor will tailor treatments to the type of system, open versus closed loop, and boiler water versus cooling water.

c. Contractor must guarantee that treatments, when applied as directed, will condition the water for correct equipment operation and prevention of scale, corrosion, and sludge.

d. Treatments shall not damage local operating equipment or their structure.

(2) Water Compatibility:

a. Treatments shall be formulated to suit water conditions at each Customers’ individual locations.

b. Treatments shall be tailored to the target water: feeder water, makeup water, recirculating water, wastewater, or general water consumption as applicable.

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(3) Dosage and Storage:

a. Contractor shall provide additional specifications for each purchased treatment. These include, but are not limited to, the following:

i. Dosage requirements;

ii. Recommended dosage frequency;

iii. Toxic impurities with percentages;

iv. Recommended shelf life; and,

v. Any additional storage conditions.

A.7.6 Regulatory Requirements

All treatments under this Contract must comply with the following regulations:

(1) Environmental Protection Agency Regulations

a. Federal Laws related to Clean Water (Federal Water Pollution Control Act, the Federal

Clean Water Act, and the Clean Water Act Amendment)

i. Applicable sections of 40 CFR Chapter I, Subchapter D, Water Programs.

ii. These include, but are not limited to, the following Parts.

- Part 116 - Designation of Hazardous Substances.

- Part 117 - Determination of Reportable Quantities for Hazardous Substances.

iii. Applicable sections of 40 CFR Chapter I, Subchapter N, Part 403, General

Pretreatment Regulations for Existing and New Sources of Pollution.

iv. These include, but are not limited to, the following.

- §403.5 National pretreatment standards: Prohibited discharges.

- §403.6 National pretreatment standards: Categorical standards.

b. Toxic Substances Control Act

i. Applicable sections of 40 CFR Chapter I, Subchapter R, Toxic Substances Control

Act.

c. Federal Laws related to Pesticides (including, but not limited to, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Pesticide Registration Improvement Act of

2003 (PRIA) and the Endangered Species Act (ESA).)

i. All treatments containing biocides and disinfectants will comply with applicable sections of 40 CFR Chapter I, Subchapter E.

ii. These include, but are not limited to, the following Parts.

- Part 152 - Pesticide Registration and Classification Procedures

- Part 156 - Labeling Requirements for Pesticides and Devices

- Part 165 - Pesticide Management and Disposal

- Part 167 - Registration of Pesticide and Active Ingredient Producing

Establishments, Submission of Pesticide Reports

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d. Safe Drinking Water Act

i. All open loop water treatments will comply with applicable sections of 40 CFR

Chapter I, Subchapter D, Parts 141-143, Water Programs.

ii. These include, but are not limited to, the following parts.

- Part 141 - National Primary Drinking Water Regulations.

- Part 142 - National Primary Drinking Water Regulations Implementation.

- Part 143, Subpart A - National Secondary Drinking Water Regulations.

(2) US Department of Transportation Regulations

a. Hazardous Materials Regulations

i. The transportation of all Treatments must comply with applicable sections of 49

CFR, Subtitle B, Chapter I, Subchapter C, Part 173, General Requirements for

Shipments and Packaging.

ii. These include, but are not limited to, the following parts.

- Part 173.13 Exceptions for Class 3 and Classes 8 and 9 materials.

- Part 173.221 Polymeric beads expandable and Plastic molding compounds.

- Part 173.225 Packaging requirements and other provisions for organic peroxides.

(3) Texas State Regulations

a. Texas Administrative Code (TAC) – Water Treatment 30 TAC, Part 1, Chapter 290, Subchapter D, Rule §290.42.

b. Texas Administrative Code - Drinking Water Standards.

All open loop water treatments will comply with applicable sections of 30 TAC, Part 1, Chapter 290, Subchapter F – Drinking Water Standards Governing Drinking Water

Quality and Reporting Requirements for Public Water Systems.

(4) Other Applicable Regulations

All treatments, whether for open or closed loop water systems, shall comply with USDA, OSHA, NIOSH and any other applicable Federal, Texas or local regulations including health codes.

A.7.7 Water Treatment Service Requirements

Contractor shall provide the following services free of charge for a Customer that makes a purchase:

(1) Water Testing

Contractor’s lab must meet a maximum water analysis turnaround time of 48 hours. In addition, the laboratory must, at a minimum, be able to test for the following:

a. Total hardness

b. Calcium hardness

c. M Alkalinity

d. Conductivity

e. pH

f. SiO2

g. Inhibitors present

h. SO3

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i. PO4

j. Cl2

(2) Customer Service - Onsite service visits

At a minimum, Contractor’s primary service technician should be available monthly to visit a facility for water testing, training, and assessing supplies during seasonal operation of equipment.

(3) Customer Service - Written Documentation

At a minimum, the Contractor must meet the following minimal requirements for documentation:

a. Written reports provided at the conclusion of site visits. These should include test data and recommendations.

b. Assistance completing logs or other regulatory documentation required of Customer.

(4) Customer Service - Technical Support and Training

At a minimum, the Contractor must meet the requirements:

a. Technical support available from 8 a.m. through 5 p.m. Central Time, Monday through

Friday.

b. Training for management and operating personnel on the function of the recommended chemicals, testing, and control and safety for Customer's equipment.

c. Respondent must provide a phone number for emergency services.

d. Respondent shall follow all EPA or applicable guidelines and timelines when responding to emergency service requests.

A.7.8 Specifications

Reference the Mandatory Price Sheet for catalog categories.

Proposals more than 15 pages will not be accepted.

A.7.9 Sample Testing – Post Award

The Customer may perform sample testing. This sample may be pulled from each shipment or lot. The sample must conform to the item specification of this Solicitation. If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense. Reference Section A.8.8 – Compliant Products.

A.7.10 Condition of Products

Proposed and delivered products must be new, unused, the latest model in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.7.11 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed.

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A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Safety Data Sheet (SDS)

The Safety Data Sheet (SDS) applicable to each product must be included with each shipment if it is required by law.

(1) Provision of Toxicity Profile:

a. A Safety Data Sheet (SDS) shall accompany each shipment of a treatment.

b. At a minimum, SDS documents must provide the following data:

i. Toxic chemicals and percentages in the supplied treatment.

ii. Directions for safe handling of supplied Treatment.

iii. Emergency procedures for spillage, fire hazards, disposal and first aid of supplied

Treatment.

iv. Known health risks from toxic compounds in supplied treatment.

v. Manufacturer’s contact information and emergency number(s).

A.8.3 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.8.4 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

Delivery and Safety Response – Delivery and Onsite Dispensing: The Respondent must meet the following minimum requirements:

a. Safety procedures for delivering and dispensing product.

b. Emergency procedures for responding to spills or accidents related to product.

c. A program for the removal and disposal of empty containers.

A.8.5 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside

Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.6 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

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A.8.7 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.8 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s FOB destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by

Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense.

CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or

Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored even if received, by the

Contractor, after the Contract expiration date. Contractors may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and

Customer purchase order number.

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A.10.3 Reporting Requirements

By the 10th day of every calendar month, Contractor must report the past month’s sales under the

Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by

CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the

ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its

Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If

Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

mailto:tcmo.reporting@cpa.texas.gov

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Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this

Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

Primary Point of Contact - CPA Contract Specialist

Madison Galvan, CTCD, CTCM

512-936-8351

Email: Madison.galvan@cpa.texas.gov

Secondary Point of Contact

Statewide Contract Development (SCD)

Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide

Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Pre-Proposal Conference

The Pre-Proposal Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

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By joining the meeting, you attest that you are not connecting from a device with prohibited technologies installed and that no such devices are in the immediate vicinity. See Prohibited Technologies:

https://dir.texas.gov/information-security/prohibited-technologies mailto:Madison.galvan@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov mailto:spd.cmo@cpa.texas.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGQxYmU0ZTgtNGJmNS00NDgzLWI5NGYtNDU1MjhkZjA0ZWU5%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%22254be5c5-ac80-483f-871a-8042459e67c0%22%7d tel:+17374713847,,561283877 https://dialin.teams.microsoft.com/58d35282-7dff-490c-8e1a-27eb861dcb13?id=561283877 https://www.webex.com/msteams?confid=1177326894&tenantkey=txcpa&domain=m.webex.com https://teams.microsoft.com/meetingOptions/?organizerId=254be5c5-ac80-483f-871a-8042459e67c0&tenantId=2055feba-299d-4d0d-aa5a-73b8b42fef08&threadId=19_meeting_NGQxYmU0ZTgtNGJmNS00NDgzLWI5NGYtNDU1MjhkZjA0ZWU5@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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Org help | Privacy and security

The Pre-Proposal Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Proposal Conference no later than April 4, 2024.

A.11.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information

Attachment C - Preferences

Attachment D - Insurance Statement of Intent

4. Attachment E - Qualifications and Experience Questionnaire

5. Mandatory Price Sheet

A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php, with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested

Parties at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm; (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by

TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for

Respondent’s failure to comply with this requirement.

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any

Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), or to return a required HUB subcontracting plan, will result in disqualification.

https://comptroller.texas.gov/about/contact/ https://comptroller.texas.gov/about/policies/privacy.php https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm;

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A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the

Contract. The Respondent bears the burden of establishing:

• ability, capacity, and skill to perform the contract or provide the service required;

• ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

• character, responsibility, and integrity;

• current compliance with laws relating to the contract or service;

• sufficient financial resources to perform the contract and provide the service; and

• conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

• A score of less than a C in the Vendor Performance Tracking System;

• Currently under a corrective action plan for a CPA contract;

• Repeated negative Vendor Performance Reports for the same stated reason;

• A record of repeated non-responsiveness to vendor performance issues; and

• Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.14.3 Evaluation Process

After scoring the Responses, CPA may:

(1) Award the contract to the Respondent providing best value to the state;

(2) Determine the competitive range and negotiate with Respondents in the competitive range;

(3) Invite Respondents in the competitive range to make oral presentations;

(4) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(5) Make no award.

Respondents in the competitive range will be notified of the time and place for the oral presentation, if any. CPA may ask Respondents to confirm information from oral presentations in writing. If CPA conducts oral presentations with Respondents in the competitive range, CPA will re-score Responses http://www.txsmartbuy.com/vpts

Page A19 as modified, supplemented, and clarified by the oral presentations. After any oral presentations, CPA may:

(1) Award the contract to the Respondent providing best value to the state;

(2) Negotiate with one or more Respondents;

(3) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(4) Make no award.

If BAFOs are requested, CPA will re-score any evaluation factors affected by the BAFOs. After evaluating any BAFOs, CPA may:

(1) Negotiate with one or more Respondents;

(2) Award the contract to the Respondent providing best value to the state; or

(3) Make no award.

Respondents are strongly encouraged to include their best possible offer with their Responses.

There is no guarantee Respondents will be afforded an opportunity to negotiate or submit a Best and Final Offer. CPA reserves the right to award a Contract without any discussion or negotiation. CPA reserves the right to make no award.

Qualitative evaluation factors will be evaluated by a panel of evaluators selected by CPA. CPA will have the final decision on vendor selection and award.

A.14.4 Evaluation Factors

Qualified responses will be evaluated according to the following factors:

Evaluation Factors: Points

1 Qualifications and Experience 80

2 Pricing – Mandatory Price Sheet 20

Total 100

Evaluators will award scores for Qualifications and Experience reflecting the extent to which the

Respondent’s Response indicates best value for the state.

CPA reserves the right to conduct studies and other investigations as necessary to evaluate any

Response. CPA and its selected evaluators may consider any source of information, including sources identified in A.14.2 above.

A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendors providing the best value to the state. This may result in awarding different line items to different vendors.

In accordance with Texas Administrative Code §20.231, CPA has determined that awards to multiple

Respondents for each line item may be in the best interest of the State. CPA may consider breadth of offerings, unique products, and the needs of Customers in selecting vendors for award.

If multiple Contracts are awarded, each Customer will select a Contractor based on best value for a particular purchase order.

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A.15.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.15.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The

Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas

Public Information Act. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the

Public Information Act.

A.16.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

A.16.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with

Response.

A.16.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.16.5 Attachment D – Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.16.6 Attachment E – Qualifications and Experience Questionnaire

Respondent must complete the Qualifications and Experience Questionnaire (Attachment E) and return with Proposal in the format requested. CPA will reject Proposals received without a completed

Attachment E as a material failure to comply with the requirements of this RFP.

A.16.7 Proposal Criteria

The Respondent must submit with its Response the following information in order to permit evaluation of the factors other than price listed in A.14.4.

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Risk of Non-Performance A.14.2

Qualifications and Experience Questionnaire: Attachment E

A.16.8 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent must use the latest version of the specific price sheet for this Solicitation. Respondent must not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. If Respondent represents multiple brands or has multiple qualifying models with different pricing, Respondent may submit multiple bids for a single line item by submitting multiple

Mandatory Price Sheets.

A.16.9 Negotiations, Assumptions, and Exceptions

On company letterhead or in a Microsoft Excel® spreadsheet, the Respondent must clearly identify each exception taken, noting the specific Solicitation section number, section title, detailed description of exception taken, and Respondent’s proposed alternate language using the following format:

Section Section Title Exception Proposed

Language

CPA may reject an incomplete exception without consideration. If there are no exceptions, the

Response should explicitly state that the Respondent takes no exceptions.

A.16.10 Manufacturer’s Catalog

Reference Section A.7.3 – Contract Scope.

The required catalogs should be included with the Response.

A.16.11 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

A.17 SUBMITTING THE RESPONSE TO CPA

The Response must clearly state the Response Due Date and Time identified on the Cover Page, Schedule of Events, and be titled: Response Submitted for RFP 304T-24-885M2.1 Water

Treatment Chemicals.

A.17.1 Electronic Submission (Preferred)

Use the following email address to submit a Response electronically:

SPD.ebids@cpa.texas.gov

The email subject line should contain the Solicitation number and title as indicated on the cover page.

The Respondent is solely responsible for ensuring that its Response is received by CPA before the deadline at the proper destination server. It is recommended that Respondent begin the process well in advance of 1:30 p.m. on the due date.

mailto:TPASS.ebids@cpa.texas.gov

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CPA recommends a limit of 10 MB of attachments per email. To meet this limit, a Response may be split into multiple emails.