ESBD_File_354757_TMD24-SAD-0034948 Border Tent Systems.pdf

TEXAS MILITARY DEPARTMENT OF THE STATE OF TEXAS

SOLICITATION

NIGP Codes

285-37, 312-83, 962-86, 924-41

SOLICITATION NO.

TMD24-SAD-0034948

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATE ISSUED

04/02/2024

INVITATION FOR BIDS (IFB) - BORDER TENT SYSTEMS

Respondent must submit their responses via e-mail to:

Procurement@military.texas.gov no later than 2:00 P.M. CST on 04/22/2024

FOR INFORMATION CONTACT:

Ronald L. Bullock

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-6786

EMAIL: Procurement@military.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT:➔ 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF Bidder:➔

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Bidder represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Bidder for making false statements, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires three (3) years from that effective date. Additionally, TMD reserves the option to extend the contract for six (6) months period after the initial term with the same terms and conditions.

TMD will not allow changes after the Date of Award to terms and/or pricing. Vendor may negotiate price at time of renewal/extension (if applicable). The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:Procurement@military.texas.gov mailto:procurement@military.texas.gov

ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Bidder and award of the Contract, if any, will proceed according to the following schedule:

Date Time (CST) Solicitation Posted to ESBD

04/09/2024 2:00 PM

Last day to submit written questions for clarification to TMD

04/16/2024 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

05/01/2024 2:00 PM Deadline for TMD to receive Bids

05/15/2024 Anticipated date of Contract Award

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS and Statement of Work

C.3 DELIVERY ................................................................................. Error! Bookmark not defined.

C.4 DELIVERABLES ....................................................................... Error! Bookmark not defined.

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.3 TMD’s Project Manager

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 Bonds REQUIRED UNDER THE CONTRACT

C.10 Service Call Response Time

C.12 Criminal History Background Check

C.13 REFERENCES .......................................................................... Error! Bookmark not defined.

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information E.8.2 Information Section

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

BY NUMBER AND TITLE

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SECTION A—DEFINITIONS

The following terms and acronyms used in the Contract have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Bidder” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with TMD.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“CFMO” means Construction and Facilities Management Office.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business or other entity awarded the Contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 437.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

“OSHA” means Occupational Safety and Health Administration.

“UL” means Underwriters Laboratories.

“FMRC” means Factory Mutual Research Corporation.

“NEMA” means National Electrical Manufacturers Association.

“OEM” means Original Equipment Manufacturer

“ECU” means Electronic Control Unit

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“O.D. GREEN” means Olive Drab Green, described as a “dull olive-green color”

“HMMWV” means High Mobility Multipurpose Wheeled Vehicle (military)

“KW” means kilowatt, a unit of measurement for the rate of power an electrical device or load uses.

“EPA” means Environmental Protection Agency

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. TMD seeks and Contractor will provide the commodities described in Section C, Specifications on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the commodities requested and authorized by TMD as provided under the Contract. Bidder must price the response on this basis.

B. Contractor must deliver and provide the commodities in compliance with all requirements of the Contract with such payment to be processed by TMD after TMD’s receipt, testing and acceptance of the commodities.

C. Bidder must submit a response that include all costs, fees, licenses, and expenses for Contractor’s delivery of the commodities and performance under the Contract and will represent Contractor’s sole compensation under the Contract. No minimum compensation is guaranteed under the Contract. No payments may be approved or made prior to TMD’s acceptance as provided in the Contract.

D. TMD 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 TMD and to reject any and all items bid at the sole discretion of TMD. TMD also reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the response to best serve the interests of TMD.

E. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067. If a Bidder believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

F. If bidding on specifications other than those stated within this solicitation, bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, specifications, illustrations, and complete descriptions of product offered must be included with bid. Failure to take exception to specifications or reference data will require Bidder to furnish specified brand names, model numbers, etc.

G. Unless otherwise specified, all items bid must be new and unused and of current production.

H. All electrical items must meet all applicable Occupational Safety and Health Administration

(OSHA) standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

I. Consistent and continued tie bidding may cause rejection of bids by TMD and investigation for anti-trust violations.

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B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is submitting a response. This includes information Bidder believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. At a minimum, Bidder must submit a copy of at least one rating from organizations such as Dun & Bradstreet (D&B) Business Information Report or Fitch Ratings. The report must include the Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings. Failure to submit copies of the required financial ratings will result in disqualification.

C. Bidder must provide information and any other financial information reasonably requested by TMD consistent with the services provided by Bidder or otherwise required by the then applicable TMD policies for similar contracts.

D. If the contract is awarded to Bidder, Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

E. TMD reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if TMD reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by TMD, that significant issues exist that could jeopardize Bidder’s full and timely performance. TMDS also reserves this same right throughout the life of the Contract, including before executing any optional renewal amendment with Contractor.

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. the Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor (if applicable).

An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 mailto:Payables@military.texas.gov

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Austin, Texas 78763-5218

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.1).

B. Regardless as to whether Direct Deposit is chosen, Bidder must submit a completed Texas Application for Payee Identification Number (Attachment G.2) to the following address:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78763-5218

Reference: Contractor Set-up for Solicitation TMD24-SAD-0034948

Notes: Contact Ronald L. Bullock when completed 512-782-6786 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Substitute W-9 Form to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment

A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.2 above. TMD will notify Contractor if invoice is deemed to be inaccurate within 20 days of receipt.

B. Tex. Gov’t Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

C. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

D. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

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B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.3.3 Late Payment

Any amount owed to Contractor more than one day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Tex. Gov’t Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.3.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of the Contract’s termination.

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B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

In the event TMD determines that Contractor owes money to TMD under any contract or purchase order, TMD, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to the Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

B.4 MANDATORY PRICING SCHEDULE

Contract Term Pricing

The Bidder must submit its bid price within the Pricing Table located in Attachment G.3, replicating, as necessary, in its exact format.

Bid price must be submitted on the Mandatory Pricing Schedule. Bidders will price per unit shown.

Unit prices will govern in the event of extension errors. If a price quotation is submitted as part of Bid, the quotation must be referenced in the response and signed by Bidder to establish formal linkage to the Bid.

Prices bid are firm throughout the term of the Contract. “Discount from List” bid pricing is not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

TMD is seeking bids for Tent Systems for the Texas Border.

C.2 SPECIFICATIONS AND STATEMENT OF WORK

A. Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type, and quality desired. Responses on brands of like nature and quality will be considered. If proposing other than the referenced brand and model number, Response must include manufacturer, brand, or trade name, product number and provide complete descriptive information of product offered.

B. Delivery of Standard Equipment and Required Features

Bidders shall not fail to provide OEM standard equipment and Required Features, unless specifically requested by TMD.

Bidders shall submit with their bids a detailed list of all standard equipment and factory-installed options or accessories for the equipment being offered for each line item requested.

C. Reference the Mandatory Price Sheet for line items and detailed descriptions

D. All parts which are necessary for the equipment being offered shall be complete and ready for operation or which are considered as standard will be furnished by the Contractor.

E. Equipment that fails to meet specifications and all requirements of this solicitation will be rejected at the contractor’s expense.

F. Line Item 1: TM Series Shelter

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Part Number UTM18A1-O.D. Green, 1 Each

1. Interior Dimensions: 19.0 x 10.2 x 6.8 Eave, 9.1 Peak

2. Useable Floor Space: 194 square feet (ft²)

3. Deployment Time: Setup with 2 people in 3 – 5 minutes.

4. Strike Time: Strike with 2 people in 3-5 minutes.

5. Portability/Weight (In Bags):

a. Tent Fabric: 205 pounds (lbs) (included Insulated Liner, Floor & Repair Kit)

b. Roof Frame: 127 lbs.

c. Side Arches: (included with Roof Frame)

d. Thermal Fly: 69 lbs.

e. Staking Kit: 28 lbs.

f. Total Weight: 429 lbs.

6. Packed Dimensions (L X W X H Inches)

a. Tent Fabric: 78 x 30 x 18

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b. Roof Frame: 92 x 20 x 8

c. Side Arches: (incl. with Roof Frame)

d. Thermal Fly: 35 x 27 x 5

e. Total Volume: 36 cubic feet (ft³)

7. Complexing: End Doors, End Walls, (optional) Side Doors

8. Pass-Through Ports/Sleeves: ECU/Cable ducts on both end walls

9. Windows: Standard

10. Hanging Mechanisms: 100 lbs. each; Interior Hang Points

11. Interior Electrical: Standard Equipment; Interior shelter cord with lighted triple tap

12. Connector Boot, Shelter, TXL Side to TM End Door – O.D. Green

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Part Number UT-730568, 3 Each

G. Line Item 2: TM Series Shelter

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Part Number UTM60M1-O.D. Green, 6 Each

1. Interior Dimensions: 20.7 x 34.0 x 8.5 Eave, 10.8 Peak

2. Useable Floor Space: 720 ft²

3. Deployment Time: Setup with 5 – 7 people in 10 – 15 minutes.

4. Strike Time: Strike with 5 - 7 people in 10 - 15 minutes.

5. Portability/Weight (In Bags):

a. Tent Fabric: 476 lbs. (included Insulated Liner, Floor & Repair Kit)

b. Roof Frame: 275 lbs.

c. Side Arches: 116 lbs.

d. Thermal Fly: 116 lbs.

e. Staking Kit: 70 lbs.

f. Total Weight: 1,053 lbs.

6. Packed Dimensions (L X W X H Inches)

a. Tent Fabric: 87 x 45 x 30

b. Roof Frame: 93 x 13 x 22

c. Side Arches: 93 x 25 x 5

d. Thermal Fly: 39 x 35 x 15

e. Total Volume: 94 ft³

7. Complexing: End Doors, End Walls, (optional) Side Doors

8. Pass-Through Ports/Sleeves: ECU/Cable ducts on both end walls

9. Windows: Standard

10. Hanging Mechanisms: 100 lbs. each; Interior Hang Points

11. Interior Electrical: Standard Equipment; Interior shelter cord with lighted triple tap

H. Line Item 3: TM Series Shelter

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Part Number UTXL80A1G2-O.D. Green, 1 Each

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1. Interior Dimensions: 28’8” x 33’ x 7’6” Eave, 16’ Peak

2. Useable Floor Space: 920 ft²

3. Deployment Time: Setup with 8 – 10 people in 30 minutes.

4. Strike Time: Strike with 8 - 10 people in 30 minutes.

5. Portability/Weight (In Bags): Total Weight: 1,948 lbs.

6. Complexing: End Doors, End Walls, (optional) Side Doors

7. Pass-Through Ports/Sleeves: ECU/Cable ducts on both end walls

8. Windows: Standard clear vinyl panel as well as breathable mesh panel

9. Hanging Mechanisms: 100 lbs. each; Interior Hang Points

10. Interior Electrical: Standard Equipment

I. Line Item 4: Trailer-Mounted Expeditionary 30 kilowatt (kW) Generator System

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Model XGT30, Part Number UTS 731102, 6 Each

1. Rated Power: 30 kW

2. Output: 120 / 208 V, 3-Phase, 60 Hz

3. Cooling: 60,000 BTU/h (5T)

4. Heating: 18kW

5. Dry Weight: 3,645 lb. (5T)

6. Noise: 65dB @ 25ft

7. Operating Temp: -40 to 125°F

8. Mobility: HMMWV-towable, JLTV-towable or Equal Type Civilian Vehicle

9. Generator

a. Fuel: Requirements: Diesel, DL1, DL2, JP-5, JP8

b. Capacity: 65 gallons (gal)

c. Consumption: 2.2 gallons per hour (gph) @ full load

d. Emissions: EU Stage IIIA / U.S. EPA Tier 4i equivalent

e. Engine Pre-Heater: Standard

10. ECU

a. Supply Airflow: 1,800 cubic feet minute (CFM) @ 1.75” ESP (5T)

b. Fresh Airflow: 0 – 240 CFM

c. Supply / Return Size: 16”

11. Generator Color: Green

J. Line Item 5: Trailer-Mounted Expeditionary 30 kW Generator System

Referenced Brand/Model No. or Equal: UTS Systems, LLC, Model XGT30, Part Number UTS 731104, 2 Each

1. Rated Power: 30 kW

2. Output: 120 / 208 V, 3-Phase, 60 Hz

3. Cooling: 96,000 BTU/h (8T)

4. Heating: 18kW

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5. Dry Weight: 3,810 lb. (8T)

6. Noise: 65dB @ 25ft

7. Operating Temp: -40 to 125°F

8. Mobility: High Mobility Multipurpose Wheeled Vehicle (HMMWV)-towable, JLTV-towable or

Equal Type Civilian Vehicle

9. Generator

a. Fuel: Requirements: Diesel, DL1, DL2, JP-5, JP8

b. Capacity: 65 gal

c. Consumption: 2.2 gph @ full load

d. Emissions: EU Stage IIIA / U.S. EPA Tier 4i equivalent

e. Engine Pre-Heater: Standard

10. ECU

a. Supply Airflow: 3,000 CFM @ 1.00” ESP (8T)

b. Fresh Airflow: 0 – 240 CFM

c. Supply / Return Size: 16”

11. Generator Color: Green

K. Set-Up training for TM Series Shelters may be required.

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Ronald L. Bullock.

B. The telephone number for the Contract Administrator is 512-782-6786.

C. The email address is Procurement@military.texas.gov

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If TMD and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.6.3 TMD’s Project Manager

A. The Project Manager for the Contract is Jose Alonso

B. The telephone number for the Project Manager is 512-782-1275 or 512-450-8089.

C. The email address is Jose.Alonso.mil@army.mil

TMD’s Project Manager for the Contract is responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Manager has full authority to act for TMD in the performance of any project mailto:Jose.Alonso.mil@army.mil

Page 16 of 30 Approved 10/16/2021 connected to the Contract. The Project Manager or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin.

Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex.

Gov’t Code Chapter 2161 and the administrative rules, as applicable. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Contractor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from TMD prior to making any modifications to its HSP.

D. Contractor must submit a detailed description of the HSP and required forms with the response.

Contractor’s response will be disqualified if the agency forms are not completed in full or are missing from Contractor’s original response.

E. Contractor must provide notice to all subcontractors of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the Contract Administrator no later than ten business days after the effective date of the Contract.

F. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Bidder must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Bidder should also describe other insurance coverage maintained by Bidder in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five business days of Notice of Award or Purchase Order, to provide TMD with current certificates of insurance or other proof acceptable to TMD.

Failure to submit acceptable proof of insurance within such time period may result in TMD’s

Page 17 of 30 Approved 10/16/2021 revocation of the award. Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in

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

Commercial General Liability (occurrence based)

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 $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

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

Umbrella/Excess Liability $1,000,000 Per Occurrence

Commercial Crime $50,000 Each Occurrence

Professional Liability Including errors and omissions

$1,000,000 Per Occurrence $2,000,000 Annual Aggregate

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must:

(1) be written on a primary and non-contributory basis with any other insurance coverages Bidder currently has in place; and

(2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department as additional insured.

Contractor shall:

A. provide written documentation under this section to the Contract Administrator by e-mail at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy.

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B. 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

C. deliver all renewals policies at least ten calendar days prior of any expiration of a required policy to Contract Administrator by e-mails. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

D. 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 the Contractor’s obligations under the Contract.

E. obtain and maintain insurance policies that provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under the Contract.

C.9 BONDS REQUIRED UNDER THE CONTRACT

Bonds will be required from Contractor before commencing any work as follows:

A. For a contract in excess of $100,000.00 a performance bond will be executed in the amount of the contract conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond will be solely for the protection of the state.

B. For a contract in excess of $25,000.00 a payment bond will be executed in the amount of the contract, solely for the protection of all claimants supplying labor and material.

C. Any bids submitted will include the cost of any applicable bond. Costs will be included in the base Bid and will not be itemized separately.

If a bond is required, Bidder will be notified by mail. The bond must be received by TMD within ten calendar days and must reference the solicitation number. A purchase order will not be issued until the bond is received and no work will begin until Contractor is notified.

C.10 SERVICE CALL RESPONSE TIME

Response time will vary dependent upon the complexity and/or location of the service. After receiving a call for service, Contractor must have a technician on-site within the specified time requirements for the following types of service calls:

a) SERVICE CALLS DURING REGULAR WORK HOURS (8:00 a.m. to 5:00 p.m.): Within eight (8) hours of notification.

b) SERVICE CALLS OUTSIDE REGULAR HOURS: Within 24 hour of notification.

c) EMERGENCY SERVICE CALLS DURING REGULAR WORK HOUR (8:00 a.m. to 5:00 p.m):

Response time to emergency call-backs during regular business hours will be within four (4) hours. TMD will identify emergency calls at time of notification.

d) EMERGENCY SERVICE CALLS OUTSIDE REGULAR HOURS: Within 12 hours of notification.

An emergency call will be identified as any conditions that can potentially impact the health, safety and welfare of TMD’ employees and the public. TMD will identify emergency calls at time of notification.

C.11 WARRANTY CALL RESPONSE TIME

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TMD requires Contractor to respond to any warranty call concerning this project within a 48-hour time period. For any warranty call issued, Contractor will have 14 days to replace defective products after receipt of notification by TMD that a warranty issue exists.

C.12 CRIMINAL HISTORY BACKGROUND CHECK

A. Awarded Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by TMD at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person may be required to complete TMD’s a Background Information form, which will be provided by TMD.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed TMD’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a TMD security clearance to work on the Contract. TMD has the right to prevent Contractor’s personnel from gaining access to TMD’s building(s) and computer systems if TMD determines that such personnel do not pass the background check or fail to otherwise maintain TMD security clearance.

C. When required, Contractor’s Project Manager will provide the following to TMD’s Project Manager within seven (7) days of executing the Contract:

1. the completed Vendor Background Information form provided by TMD for all proposed personnel; and

2. Acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, TMD may require Contractor personnel to submit to an annual TMD fingerprint-based Criminal History Background Investigation to TMD.

E. Throughout the term of the Contract, Contractor will promptly notify TMD of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY

TMD PERSONNEL TO RECEIVE

REPORT

Monthly

Fifth business day to Contract Administrator

HUB

Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

IFB,

Attachment G.5

Contract Administrator and HUB Coordinator

Annual

Prior to Execution of Contract and again within 120 days after the end of Contractor’s fiscal year

Financial Rating Reports

IFB, Section B.1.2

Contract Administrator

State Frequency

State Due Date Invoicing – Specific to the Contract

IFB Section B.2

Payables@military.texas.gov with a copy to Contract Monitor mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of Bidder’s response.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

Submission of responses

A. Proposal must be submitted via e-mail to Procurement@military.texas.gov

1. Solicitation No. TMD24-SAD-0034948 Responses will demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

2. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended all terms and conditions which are not modified remain unchanged.

B. Bidders must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Bidder must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Bidder may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses will be time stamped at the office designated in the solicitation on or before the date and time specified in this solicitation.

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B. Any response received at the designated location after the specified date and time will not be considered.

C. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

D. Alterations made before closing time will be initialed by Bidder or its authorized representative.

E. No responses can be withdrawn after closing date and time without approval by TMD. Should a Bidder, after closing time, request its response be withdrawn, the request must be made in writing.

F. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. This includes delays associated with courier delivery services. It is the Bidder’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Bidder submit their complete response well in advance of the due date and time stated on the first page of this solicitation.

G. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 120 days after the solicitation opening date and will constitute an irrevocable response to TMD for the120-day period.

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B. Such period may be extended beyond the 120 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Bidder, whose response, is lowest price meeting specifications.

B. A purchase order emailed or otherwise furnished to successful Bidder(s) within the time for acceptance specified in the response will result in a binding contract without further action by either party.

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against the Bidder for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject any one (1) response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Bidder are considered the property of TMD for use for the life of any resulting contract as determined by TMD with respect to the scope of the project.

G. TMD is not liable for any costs or damages that may be incurred by Bidders or prospective contractors in the preparation, formulation, or presentation of a response.

H. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

I. TMD reserves the right to withdraw this solicitation at any time for any reason.

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J. TMD reserves the right to award no contract and to solicit additional responses at a later time.

K. TMD incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

L. TMD will not hold a public bid opening event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Contract Forms and Required Response Information

This section will contain the following completed contract sections with signatures, where applicable:

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. Information and Certifications Form;

C. Financial Rating and Solvency Information;

D. The name and address of Bidder’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Bidder. For the purpose of responding to this solicitation, Bidder will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Bidder’s response is selected.

E. A Redacted Solicitation and Contract response if applicable;

F. Attachment G.1, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option;

G. Attachment G.2, Application for Texas Identification Number;

H. Documentation from the appropriate state entity that indicates that Bidder is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts); and

I. Attachment G.3, HUB Subcontracting Plan (HSP).

E.8.2 Information Section

A. Cover Page: List name and address of Bidder, date of response, solicitation identifier, and signature of authorized official.

B. Information Sheet: Including all information required of Bidder and any subcontractors.

1. Name and address (including telephone number) of Bidder and all subcontractors.

2. Business form of Bidder and its subcontractors (e.g., corporation, partnership).

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3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

C. Bidder must identify and provide in the enclosed a verification of experience, a minimum of three past or current projects of similar size and complexity performed within the past five years. Bidder must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided. Additionally, Bidder must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

D. Organizational, biographical, and Financial Rating and solvency information for the Bidder and all third-party / subcontractors proposed to fulfill service requirements.

E. The Bidder must specifically address, within its response, the following requests for information as detailed throughout this solicitation. TMD has endeavored to include a complete listing of such submittal requests; however, in the event TMD omitted a requirement, Bidder is responsible for ensuring that all such information is included within its response.

1. Section B.1.2 Financial Ratings and Solvency Information

2. Section B.4 Pricing Schedule

3. Section C.8 Insurance Required Under The Contract

4. Section C.9 Bonds

5. Section C.13 Verification of Experience (References)

6. Attachment G.5, HSP

7. All required submittals under Section E.8.1, Contract Forms and Required response

Information and this Section E.8.2, Information Section.

F. Exceptions. No exceptions should be included in response. Bids received that take any exceptions to this solicitation will be disqualified and deemed non-responsive to the solicitation and TMD will remove the bid from further consideration.

E.9 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Ronald L. Bullock, CTCD, CTCM, Contract Administrator

TMD

Procurement and Contract Services

P.O. BOX 5218

Austin, Texas 78763-5218 Email: Procurement@military.texas.gov

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and Contract Services.

C. Bidder should rely only on the written information provided in this manner. Bidder is specifically cautioned against relying on any oral information.

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D. All Bidders are specifically barred from making contact with any TMD personnel involved in this solicitation for the purpose of discussing its responses.

E. Bidder may; however, seek clarifications of the solicitation through the written process described above.

F. Bidder is reminded that 04/09/2024 at 2:00 P.M. Central Time is the last day to submit written questions for clarification by TMD.

G. Unauthorized contacts with TMD personnel by any Bidder may result in Bidder’s response being rejected in its entirety.

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

TMD is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The response and other information submitted to TMD by Bidder are subject to release as public information by TMD. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Bidder to include proprietary or otherwise confidential information in its response or other submitted information, Bidder must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.