IFB 7643-LP TBW Sample Collection and Analysis.pdf

Texas General Land Office -i- IFB 7643-LP

TEXAS GENERAL LAND OFFICE

INVITATION FOR BIDS NO. 7643-LP

Texas Beach Watch Sample Collection and Analysis Brazoria, Matagorda, and Harris Counties

Class Items 175-54, 175-76, 415-58, 493-64, 926-42, 926-93, 958-77, 961-48, 989-91

Release Date March 13, 2026 Deadline for Submission: April 10, 2026 at 2:00 p.m. CT

Solicitation Point of Contact: Linh Phan, CTCD, CTCM

Linh Phan@glo.texas.gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all Bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Bidder must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Bidder from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Linh%20Phan@glo.texas.gov http://www.txsmartbuy.gov/esbd

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Table Of Contents

INVITATION FOR BIDS SIGNATURE PAGE

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 Executive Summary

1.2 Definitions

1.3 Authority

ARTICLE II. SPECIFICATIONS

2.1 Scope of Services Requested

2.1.1 Project Summary

2.1.2 Vendor Responsibilities

2.1.3 Project Activities

2.1.4 Bidder Minimum Qualifications

2.1.5 OSHA Compliance

2.1.6 Permits and Fees

2.1.7 Insurance Requirements

2.1.8 GLO Responsibilities

2.2 Contract Term

2.3 Subcontractors (if applicable)

2.4 Performance Tracking

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 Bid Composition

3.3.1 General Requirements

3.3.2 Costs

3.4 Bid Submission and Delivery

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

3.5 Contract Award

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3.6 Veteran -Owned Historically Underutilized Business (VetHUB)

3.7 Vendor Performance Reporting

3.8 Financial Capability

3.8.1 Financial Capability Review

3.8.2 Annual Reports

ARTICLE IV. IFB TERMS AND CONDITIONS

ARTICLE V. SUBMISSION CHECKLIST

EXHIBIT A. PRICE SCHEDULE ...................................................................................................... A-1

EXHIBIT B. GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE ................ B-1

EXHIBIT C. FEDERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE ................. C-1 EXHIBIT D. SAMPLE CONTRACT ................................................................................................. D-1 EXHIBIT E. VETHUB SUBCONTRACTING PLAN ...................................................................... E-1 EXHIBIT F. VETHUB SUBCONTRACTING PLAN PRESENTATION ...................................... F-1 EXHIBIT G. WORK PLAN ................................................................................................................. G-1 EXHIBIT H. QUALITY ASSURANCE PROJECT PLAN (QAPP) ............................................... H-1

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TEXAS GENERAL LAND OFFICE

INVITATION FOR BIDS SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID.

CHECK BELOW TO CLAIM A PREFERENCE UNDER TITLE 34 TAC §20.306.

In case of tie bids, one or more preferences described in Title 34 TAC § 20.306 and listed below will be used to make an award. Tie bids which cannot be resolved by application of one or more preferences shall be made by drawing lots.

(__) Supplies, materials, equipment, or services produced in Texas/offered by Texas bidders or Texas bidder that is owned by a service-disabled veteran (__) Agricultural products produced/grown in Texas (__) Agricultural products and services offered by Texas bidders (__) Texas vegetation native to the region for landscaping purposes (__) USA produced supplies, materials, or equipment (__) Products of persons with mental or physical disabilities (__) Products made of recycled, remanufactured, or environmentally sensitive materials, including recycled steel (__) Covered television equipment (__) Energy efficient products (__) Rubberized asphalt paving material (__) Recycled motor oil and lubricants (__) Products and services from economically depressed or blighted areas (__) Products produced at facilities located on formerly contaminated property (__) Vendors that meet or exceed air quality standards (__) Paper containing recycled fibers (__) Recycled Computer Equipment of other manufacturers (__) Foods of Higher Nutritional Value (__) Travel agents residing in Texas

Late Bids will NOT be considered under any circumstances.

Award will be posted on http://txsmartbuy.gov/esbd.

Bidder must sign Bid – the laws of the State of Texas must prevail on all Bids. By signing this signature page, Bidder certifies that if a Texas address is shown as the address of the Bidder, Bidder qualifies as a Texas Bidder, as defined in Texas Government Code Sec. 2155.444.

Please enter your Federal Employer’s Identification Number/Taxpayer Identification Number (TIN). Please attach a signed copy of IRS form W-9, Request for Taxpayer Identification Number and Certification.

TIN: _____________________________________________ Phone: (______) _________________________

Business Name: ____________________________________ Email Address: ___________________________

Address: __________________________________________ VetHUB Certified? [ ] Yes [ ] No

City-State-Zip: _____________________________________ VetHUB #: _______________________________

Signature: _________________________________________ Print Name:_______________________________

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a Bid and waive minor technicalities.

The State will award the contract to best serve the interests of the State.

GLO Purchasing Contact: IFB No.: 7643-LP Linh Phan, CTCD, CTCM IFB Deadline: April 10, 2026, 2:00 P.M. CT Linh.Phan@glo.texas.gov Upload Bids to Box™: Box Link: Upload Here

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE BID.

mailto:Linh.Phan@glo.texas.gov https://txglo.app.box.com/f/a7f9d7f267df43a1a014e91c1456b45d

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) issues this Invitation for Bids (“IFB”) to solicit bids for water collection and analysis services in Brazoria, Matagorda and Harris counties (the “Project”).

Please see Section 2.1 for detailed specifications. The GLO will consider best value for the state as directed by Texas Government Code §2155.074 when awarding contract(s). Bidders must complete and execute this IFB form. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit A, Price Schedule. GLO’s acceptance of deliverables specified in the contract is a condition of payment. GLO cannot provide advanced payment for any portion of the contract amount. The GLO will only approve payment after the goods and services are received and accepted.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Invitation for Bids issued by the General Land Office. Bidders must acknowledge receipt of any Addenda in the submission of the Bid.

“BEACH Act” means The Beaches Environmental Assessment and Coastal Health Act of 2000.

It is a United States federal statute that sets national standards for recreational water testing and authorizes grants to pay for beach monitoring programs at state and federal levels.

“Bid” means the response submitted by a Bidder to the GLO in response to this solicitation.

“Bidder” means any person or vendor who submits a bid in response to this solicitation.

“Contract” means the Purchase Order (“PO”) awarded as a result of this IFB and all exhibits thereto. This IFB, any Addendum issued in conjunction with this IFB, the successful Bidder’s bid, and subsequent submission by Bidder, shall all fully be incorporated into the Contract as exhibits.

“Coordinator” means Texas Beach Watch Project Manager.

“EPA” means the Environmental Protection Agency.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“Field Technician” means a professional capable of performing water quality monitoring and related documentation as prescribed by program requirements.

“GLO” means the Texas General Land Office.

http://www.glo.texas.gov/

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“IFB” means Invitation for Bids.

“NTP” means Notice to Proceed.

“POC” means Point of Contact.

“Project” means the work solicited under this Solicitation.

“QAPP” means Quality Assurance Project Plan.

“QA/QC” means Quality Assurance and Quality Control.

“Solicitation” means this IFB.

“State” means the State of Texas, any state agency and officers, employees, or authorized agents of the State of Texas.

“TAC” means Texas Administrative Code.

“TBW” means Texas Beach Watch.

“Vendor” means the individual or business awarded a Contract or PO resulting from this solicitation.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through

20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“VetHUB Subcontracting Plan” or “VetHSP” means the form required by Texas Government Code §2161.252 and 34 Texas Administrative Code §20.285 for each contract with an expected value of $100,000 or more, in which Bidder must demonstrate a Good Faith Effort to subcontract with VetHUBs. The VetHSP is included in this Solicitation as Exhibit E and must be included with the Solicitation Response.

1.3 AUTHORITY

The GLO is posting this solicitation pursuant to applicable provisions of Texas Government Code, Title 10, Subtitles D and F, and Texas Natural Resources Code, Title 2, Chapter 40

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE II. SPECIFICATIONS

2.1 SCOPE OF SERVICES REQUESTED

2.1.1 Project Summary

The Project is for services to collect and analyze beach water quality samples for the presence of Enterococcus bacteria collected at beaches in Brazoria, Harris and Matagorda counties as part of the Beach Watch Program for the General Land Office. Any Bidder responding to this IFB must meet or exceed the minimum specifications, terms, conditions, procedures, and requirements set forth in the IFB.

Detailed Project specifications are included as Exhibit G, Work Plan.

The total quantity of samples collected per fiscal year will be approximately seven hundred seventy-five (775) samples in Brazoria County, one hundred forty-six

(146) samples in Harris County, and five hundred (500) samples in Matagorda County. The Bidder is requested to bid a price for the minimum quantity specified.

At a minimum, the Vendor is responsible for the collection of one (1) sample at each of the sixteen (16) locations and one (1) duplicate sample at two (2) of the sixteen (16) stations, chosen at random, over forty-three (43) sampling events in Brazoria County, the collection of one (1) sample at two (2) locations over forty-three (43) sampling events in Harris County, and the collection of one (1) sample at (nine) 9 locations and a duplicate sample at one (1) of the nine (9) stations, chosen at random, over forty-three (43) sampling events in Matagorda County.

2.1.2 Vendor Responsibilities

Vendor shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Brazoria County, Harris County, and Matagorda County, attached hereto as Exhibit G. The Vendor shall follow the sampling schedule and shall conduct additional sampling as required in the work plan.

The Vendor must analyze water samples for:

a. Enterococci

Local contractors will analyze the samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane- Enterococcus Indoxyl-βD-Glucoside Agar (mEI) September 2014, (EPA-821- R-14-011) https://www.regulations.gov/document/EPA-HQ-OW-2014-0797- 0299) or the IDEXX Enterolert™ system. Any contractors using the IDEXX Enterolert™ system are required to use the Quanti-Tray/2000. The specific method for each local contractor is addressed by County in Appendix C, Unique Local Contractor Information.

https://www.regulations.gov/document/EPA-HQ-OW-2014-0797-0299 https://www.regulations.gov/document/EPA-HQ-OW-2014-0797-0299

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b. Microbial Source Tracking Detection and quantification of the fecal host associated gene biomarker by quantitative Polymerase Chain Reaction (qPCR) DNA analytical technology using Method 1696: Characterization of Human Fecal Pollution in Water by TaqMan® Quantitative Polymerase Chain Reaction (qPCR) Assay® - Draft 2019 (epa.gov) Host markers may include Human HF183, Dog BacCan-UCD, Gull Gull-4, Bird GFD, and other methods as applicable.

The Vendor shall follow the sampling schedule and shall conduct additional sampling as required in Exhibit G, Work Plan.

The Vendor’s Field Technician will be responsible for meeting all requirements for sample handling and custody requirements for each sample collected and transferred to the laboratory. All Vendor Field Technicians are required to attend relevant water quality monitoring training and demonstrate capabilities to perform field work as required under the QAPP. Required training includes the GLO TBW annual workshop every Spring, and other virtual or in-person training sessions assigned as needed.

Vendor must collect samples on Mondays or Tuesdays. If the Vendor cannot collect samples on a Monday or Tuesday, Vendor may collect samples on a Wednesday.

This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, Vendor may require several days to collect samples. Collection may occur over a three-day period, upon prior written approval from the Beach Watch Coordinator. Sample re-collection may occur on a Saturday, Sunday and/or Federal Holiday.

The TBW Program database was developed to meet requirements of the BEACH Act. The Vendor’s Field Technician must enter results into a web-based data entry portal. The web-based data entry portal was designed to minimize the possibility of data entry errors. The Beach Watch Coordinator will periodically review and evaluate results entered into the database. The Vendor must maintain all records related to the collection and analysis of data in accordance with the requirements established in the QAPP.

The TBW Program will conduct an annual review of Vendor’s records and field sampling techniques to evaluate training methods and documentation procedures.

This review may be conducted as a desktop review, via email, virtual conference call, or an on-site field review. The review shall include an assessment of Vendor’s adherence to the criteria contained in the QAPP. Program findings of non-adherence to the QAPP may result in payment being withheld or delayed until corrective actions occur. Informal reviews of any laboratory may be conducted throughout the year.

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Any damage resulting from the Vendor’s services shall be repaired to the GLO’s satisfaction at the Vendor’s expense. Vendor shall notify GLO POC and any affected utility within twenty-four (24) hours of discovering the damage. The Vendor shall repair all damages to existing utilities and structures (e.g., buried pipelines, cables, infrastructure, water lines, electric conduits) caused by its equipment or employees. If such repairs are not completed within fourteen (14) calendar days, the GLO reserves the right to purchase services for the necessary repairs through other purchasing means and deduct all repair costs from the monies due or that may thereafter become due to Vendor.

The Vendor shall complete the Project no later than forty-five (45) days after the GLO issues a written Notice to Proceed (“NTP”). Vendor must not begin work or incur charges before the date on the GLO’s written NTP. Any work the Vendor performs before the date on the NTP shall be at the Vendor’s sole risk.

Vendor must submit a Certificate of Insurance to the GLO POC before the GLO may issue an NTP to Vendor.

2.1.3 Project Activities

Vendor shall perform the following tasks:

1. Identify the sampling site on a chain of custody tag, if required in accordance with the applicable Laboratory Quality Assurance Manual, on the bottle label and on a field log sheet.

2. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean, waterproof, non-smearing, and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark.

3. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover.

4. The first sample to be prepared is the trip blank (at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation.

5. To collect the water samples, carefully move to the first sampling location. If wading in the water, caution shall be taken to avoid kicking up bottom material at the sampling station. The Vendor’s Field Technician should be positioned downstream of any water current to take the sample from the incoming flow.

Samples shall be collected in approximately two (2) feet of water.

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6. Open a sampling bottle, grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees (relative to the surface of the water) into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the Vendor’s Field Technician. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two (2) feet standing depth will be collected at the 15-centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the Vendor’s Field Technician. Tip the bottle slightly upward to allow air to exit and the bottle to fill.

7. Remove the bottle from the water body.

8. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches) above each sample for proper mixing of the sample before analysis.

If the bottle contains any debris, contaminants, or excessive sediment/sand, it must be discarded, and a new bottle must be used. Do not simply discard the water sample and refill the used bottle.

9. Tightly close the stopper and label the bottle.

10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification.

11. Place the samples in a suitable container and transport them to the laboratory within six (6) hours of collection. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced and refrigerated at <10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible, to ensure proper maintenance of storage temperature. Vendor Field Technician must ensure sample bottles are not totally immersed in water during transit or storage. Process samples within two (2) hours of delivery to the laboratory. Do not hold samples longer than six (6) hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits.

12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods.

13. Field Split Sampling: A field split is a single sample subdivided by field staff immediately following collection and submitted to the laboratory as two separate, identified samples. Split samples are preserved, handled, shipped, and analyzed identically and are used to assess variability or related to special project sampling.

When collecting water samples for a field split, collect water samples in a sterile, unused 1000ml container.

• Using the 1000ml container, follow the above sample collection procedure using steps 4-8.

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• Prepare pre-labeled 125ml bottles from the above step 1 by placing them on a stable, flat surface. Ensure the bottle caps are not contaminated by placing them with the threads facing up.

• While keeping the 1000ml lid affixed, vigorously shake the bottle for 10 seconds, ensuring any particulates are suspended in the sample.

• In rapid succession, remove the lid and pour contents into the two separately prepared 125ml containers, then immediately place the caps on.

Depending on technique and timing, additional swirling of the 1000ml during this process may be needed to ensure particulates remain suspended.

• Follow steps 11-12 in the above procedure.

14. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms.

15. Additionally, the Bidder is requested to submit a unit price for each additional resample(s) on Exhibit A. The estimated quantity of resamples to be collected and analyzed is 1500 per county, when the sample result is above the recommended criteria. There is a set budget for this project; therefore, the number of additional samples collected and analyzed will depend upon the price submitted by the Bidder. The estimated quantity will be stipulated on the Purchase Order.

BRAZORIA

Date Sample collected # of Samples Taken Cost per Sample Total

12/1/2025 17

12/15/2025 17

BRAZORIA RE-SAMPLES

12/3/2025 1

HARRIS

12/1/2025 2

12/15/2025 2

HARRIS RE-SAMPLES

MATAGORDA

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12/1/2025 9

12/15/2025 9

MATAGORDA RE-SAMPLES

2.1.4 Bidder Minimum Qualifications

Bidders must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Bidders shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section. This support can specifically state how the Bidder meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Bidders satisfying each minimum qualification.

2.1.4.1 Vendor must have proven experience and a minimum of 5 years’ experience in providing services depicted in the scope of work.

2.1.4.2 A copy of the vendor’s NELAP National Environmental Laboratory

Accreditation Program (NELAP) accreditation or an allowable exemption under 30 TAC §25.6 is required with response.

2.1.5 OSHA Compliance

Vendor must comply with all applicable laws, rules, and regulations governing workplace safety, including, without limitation, Occupational Safety and Health Administration (OSHA) Standards as published by the OSHA, Department of Labor, for all operations and all work performed.

2.1.6 Permits and Fees

Vendor shall, at Vendor’s sole cost and expense, apply for, secure, and pay all costs for permits, inspection fees, licenses, and deposits required for the work to be performed.

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2.1.7 Insurance Requirements

The Vendor must acquire and maintain insurance, with financially sound and reputable independent insurers, in the type and amount customarily carried in the industry and as required by applicable law or regulation. Work shall not begin until after the Vendor has submitted acceptable evidence of insurance. Failure to maintain insurance coverage shall be deemed a breach of contract.

2.1.8 GLO Responsibilities

GLO will host an annual TBW workshop and provide basic training on field data collection procedures and QAPP requirements. GLO will perform at least one annual review of Vendor’s laboratory to ensure their protocols are consistent with the QAPP. This review may be conducted as a desktop review via email, conference calls or an on-site field review. If the review finds Vendor fails to comply with the QAPP, these deviations will be documented in the review summary. GLO findings of non-adherence to the QAPP may result in payment being withheld or delayed until corrective actions occur.

2.2 CONTRACT TERM

The GLO intends to award one contract for the services requested under this Solicitation.

Any contract resulting from this Solicitation shall be effective beginning as soon as possible in 2026 with one-year Work Order contracts issued yearly and shall expire five

(5) years after the initial effective date.

The selected Bidder(s) shall be bound to the terms and conditions found in Exhibit D, the GLO’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.3 SUBCONTRACTORS (IF APPLICABLE)

Subcontractors providing services under the Contract must meet the same requirements and level of experience as required of Bidder. No subcontract under the Contract relieves Bidder of responsibility for ensuring the requested goods and services are provided.

Bidders planning to subcontract all or a portion of the work to be performed shall identify all proposed subcontractors.

2.4 PERFORMANCE TRACKING

GLO will monitor the performance of the Contract issued under this IFB. All services under the Contract must be performed in a manner consistent with this IFB and the Contract. All deliverables must be submitted in accordance with the timeline agreed upon at contract execution.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

March 13, 2026

Deadline for Submitting Questions March 20, 2026 at 2:00 p.m. CT

Anticipated Release Date of Answers to Questions

March 27, 2026

Deadline for Submission of Bids

April 10, 2026 at 2:00 p.m. CT

Expected Notice of Award

May 8, 2026

Contract Award, Negotiation and Execution

July 15, 2026

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Bids upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office). Any modification of dates after the deadline for submission of Bids will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Linh Phan, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Linh.Phan@glo.texas.gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

mailto:Linh.Phan@glo.texas.gov

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Name: Sarah Bergmann, CTCM, CTCD Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@glo.texas.gov

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Bidders’ names shall be removed from questions in the responses released. Submissions that deviate from the format prescribed below may not be accepted. Questions shall be submitted in the following format:

a) Identifying Solicitation number in email subject

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Bidder’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, their representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Bidder or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Bidder. Bidder shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Sarah.Bergmann@glo.texas.gov

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3.3 BID COMPOSITION

3.3.1 General Requirements

Bidder shall complete and upload all documents listed below to the Box™ URL in Section 3.4.3:

a) One Statement of Qualifications, including all documents requested in Part

1 of the Submission Checklist, submitted as one Portable Document Format (.pdf) file titled “IFB 7643-LP (Respondent Name)_Part 1”; and

b) One VetHUB Subcontracting Plan, submitted as one .pdf file titled “IFB

7643-LP (Respondent Name)_Part 2”.

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Bid will not be considered unless specifically referred to in this Solicitation and may result in disqualification.

3.3.2 Costs

The GLO will not reimburse the Bidder for any cost incurred in preparation or submission of its Bid. The Bidder is responsible for any expense related to the preparation and submission of its Bid.

3.4 BID SUBMISSION AND DELIVERY

3.4.1 Deadline

Bids must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Bidders may submit their Bids any time prior to that deadline. Box™ shall time stamp all uploaded Bids; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include: (1) Bidder’s company name and (2) the title of the document. For example: “Company X: Bid.”

3.4.3 Delivery

Bidders must upload Bids to the following Box™ URL:

Box Link: Upload Here

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Or

The GLO shall not accept Bids submitted by any other means. Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Bids may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Bids. The GLO may request proof of authorization before accepting modifications, alterations, or withdrawal requests.

3.5 CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. An award notice will be sent to the selected Bidder. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Chief Clerk of the GLO. Negotiations shall be confidential and not subject to disclosure to competing Bidders unless and until an agreement is reached or negotiations are concluded without a contract. If contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Bidder or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

3.6 VETERAN -OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

The GLO is committed to promoting business opportunities for State of Texas certified VetHUBs in compliance with 34 TAC §20.285 and 31 TAC §3.30, and the GLO accordingly makes a good-faith effort to increase VetHUB participation in its contracts by contracting directly with VetHUBs or indirectly through subcontracting.

The State of Texas VetHUB Subcontracting Plan (“VetHSP”) form is included with this Solicitation as Exhibit E. A Solicitation Response that does not contain a VetHSP is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the VetHSP was not developed in good faith.

Please refer to the cover letter included with Exhibit E for specific instructions for locating potential VetHUB subcontractors utilizing the state’s Centralized Master Bidders List

(CMBL).

A presentation describing the procedure for completing the VetHSP is included with this

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Solicitation as Exhibit F.

Respondents may direct questions about VetHSPs or the VetHUB Program to the VetHUB Team contacts listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Vonda White Tamara Perkins Vonda.White@GLO.Texas.Gov Tamara.Perkins@GLO.Texas.Gov

512.947.6441 512.463.5908

3.7 VENDOR PERFORMANCE REPORTING

The GLO is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A Bidder’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075, 2155.149, and 2156.125. The GLO may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of the GLO, and any negative findings, as determined by the GLO, may result in non-award to the Bidder.

3.8 FINANCIAL CAPABILITY

3.8.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee’s demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee’s acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

mailto:Vonda.White@GLO.Texas.Gov mailto:Tamara.Perkins@GLO.Texas.Gov https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

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• Annual Reports, as described in Section 7.4.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity’s accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio

• Quick ratio

• Cash ratio

• Solvency ratio

• Debt to Equity ratio

• Capitalization ratio

• Debt ratio

• Operating Profit Margin

• EBIT/Tangible Net Assets

• Return on Assets

• Return on Equity

• Receivables Turnover ratio

• Average Collection Period

• Inventory Turnover ratio

• Days Sales of Inventory

• Altman Z-score

A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

3.8.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit annual reports that include:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit annual reports that include:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

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2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract;

OR

1) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee. The GLO may accept a Dun & Bradstreet Business Credit Report from a smaller potential awardee, at the agency’s discretion.

A potential awardee must provide a completed Financial Statement Components Worksheet and balance sheet, income statement, and statement of cash flows for the potential awardee only as a stand-alone entity; parent or related party financials will not be considered. If a potential awardee presents consolidated or combined financial statements including its parent company’s or a related party’s financials and is unable to provide stand-alone Annual Reports, the GLO may proceed with the financial capability review process; however, all entities for which financial information is presented in the documentation must sign an awarded Contract.

If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated. Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties’ scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

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ARTICLE IV. IFB TERMS AND CONDITIONS

Any purchase order awarded as a result of this IFB will contain the general terms and conditions attached hereto as Exhibit B (Purchase Order Terms and Conditions). The Purchase Order (PO) terms and conditions and the IFB terms and conditions listed below in this section apply to and become part of all bids submitted in response this IFB and all goods and services delivered pursuant to this IFB. If the PO terms and conditions conflict with the terms and conditions listed below, the PO terms and conditions shall take precedence. Subcontractors must also comply with the PO terms and conditions and the terms and conditions listed below.

1. BIDDING REQUIREMENTS:

1.1 Bidders must comply with all applicable rules, regulations, and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.2 Bids shall be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.3 Bids must be time stamped as described in the IFB on or before the hour and date specified for the bid opening.

1.4 Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.5 Quotes are FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.6 Bid prices must be firm for GLO acceptance for 120 days from bid opening date. “Discount from list” bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7 Bidder shall enter its Federal Employer’s Identification Number/Taxpayer Identification Number (TIN), full firm name, and address on the form. Enter this information in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

1.8 Bid cannot be altered or amended after opening time. Alterations made before opening time must be initialed by bidder or its authorized agent. No bid can be withdrawn after opening time without a written request and justification approved by the GLO.

1.9 Purchases made for State use are exempt from State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

2. AWARD NOTICE:

2.1 The State reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State.

2.2 Consistent and continued tie bidding could cause rejection of bids by the GLO and/or investigation for antitrust violations.

2.3 The State shall not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive bids will not be considered. Call 512-463-5098 for bid receipt confirmation.

2.4 Inquiries pertaining to this IFB must include the bid number, class/item codes, and opening date.

3. SPECIFICATION:

3.1 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 §2155.067 of the Texas Government Code. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered must be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brands names, numbers, and other information the GLO requests.

3.2 Unless otherwise specified, items shall be new and unused and of current production. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

3.3 Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder’s expense. Each sample should be marked with bidder’s name, address, and bid number. Do not enclose in or attach bid to sample.

3.4 The State will not be bound by any oral statement or representation contrary to the written specifications of this IFB.

3.5 Manufacturer’s standard warranty shall apply unless otherwise stated in the IFB.

4. TIE BIDS:

4.1 Awards will be made in accordance with regulations adopted by the Texas Comptroller of Public Accounts.

5. DELIVERY:

5.1 Show number of days required to place material in receiving agency’s designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. The GLO may reject a bid it determines contains an unrealistic delivery time.

5.2 If delay is foreseen, bidder shall give written notice to the GLO. Bidder must keep the GLO advised at all times of status of order.

5.3 Default in promised delivery (without prior acceptance by the GLO) or failure to meet specifications authorizes the GLO to purchase the goods or services described in this IFB elsewhere and charge any increased costs for the goods or services, including

Texas General Land Office -19- IFB 7643-LP the cost of re-bidding, to the bidder.

5.4 No substitutions are permitted without written approval of GLO.

5.5 Delivery shall be made during normal working hours only, unless prior approval has been obtained from the GLO.

6. INSPECTION AND TESTS:

All goods may be subject to inspection and test by the State. Authorized GLO personnel shall have access to supplier’s place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. Bidder shall bear all costs of testing if products tested fail to meet or exceed all specifications. Goods delivered and rejected in whole or in part may, at the State’s option, be returned to the bidder or held for disposition at bidder’s expense. Latent defects may result in revocation of acceptance.

7. AWARD OF CONTRACT:

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in §2155.074, 2155.144, 2155.441, 2156.010, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Any legal actions must be filed in a court of competent jurisdiction in Travis County, Texas.

8. PAYMENT:

Before authorizing payment to Bidder, the GLO shall evaluate Bidder’s performance using the performance standards set forth in the Contract. Bidder shall submit invoices to the GLO for delivered goods or completed services not later than the 15th day of the month after delivery or completion. The GLO shall make no payments without Bidder’s prior submission of detailed, correct invoices. The GLO shall make payments in accordance with Texas Government Code Chapter 2251. Payments under the Contract are subject to the availability of appropriated funds.