Solicitation, Offer and Award
Total Page：16
File Type：pdf, Size：1020Kb
SOLICITATION, OFFER AND AWARD I. CONTRACTNO. 2. SOLICITATION NO 3. TYPE OF SOLICITATION 4. DATE ISSUED (rFB) 696-FD-19-8041 X seelpo BrD June 14,2019 NEGOTTATED (RFO) NECOTTATED (RFP) SOLICITATION 5. Sealed offers will be received by the Department until 3:00 p.m. 6. FOR INFORMATION CONTACT: local time on Tuesday, July 16, 2019, and submitted to: Christina Bodin-Turner, CTCD or Terri Bennett, CTPM, Texas Depaftment of Criminal Justice CTCM Contracts and Procurement Depal'tment Contract Administrators Information Technology, Construction and Utilities Ph: (936) 431-1055 or (936) 437-7158 Two FinancialPlaza, Suite 525 Fx: (32s)223-0310, Huntsvif le, T exas 77 340 E-mail: [email protected] or Attention: 696-FD-l 9-8041 terri. [email protected]. gov OFFER (Must be fully completed by Bidder) 7. DISCOUNT FOR PROMPT PAYMENT:à IO CALENDAR DAYS 20 CALENDAR DAYS 3O CALENDAR DAYS CALENDAR DAYS % /o /o % 8. ACKNOWLEDGMENT OF AMENDMENTS: AMENDMENTNO. DATE AMENDMENT NO. DATE (The Bidder acknowledges receipt of amendments to the SOLICITATION for Bidders and related documents numbered and dated: 9. NAME AND ADDRESS OF BIDDER:) IO. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) I l. TELEPHONE NO. (lnclude area code) 12. SIGNATURE I3, OFFER DATE TO BE COMPLETED AT TIME OF AWARI) Tlre total funding for the Base Period of this Contract (Date of Award through August 31,2020) shall not exceed $85,000.00. Texas Department of Criminal Justice By; Jerry McGinty Tirle: Chief Financial Officer Date Page I of50 696-FD- t 9-804 t SECTION A TABLE OF CONTENTS SECTION A - DEFINITIONS 5 SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS............. ..........7 8.1 SERVICES AND PRICES/COSTS 7 8.2 RELEASE ORDER PRICING 7 8.3 ALLOWABLE COSTS 7 8.4 PRICE SCHEDULE FOR DISPOSAL 8 8.5 PRICE SCHEDULE FOR TRANSPORTATION.................. ...............10 SECTION C . DESCRIPTION/SPECIFICATIONS/WORK STATEMENT t4 c.l l4 c.2 GENERAL DUTIES AND OBLIGATIONS t4 c.3 SPECIFIC REQUIREMENTS AND OBLIGATIONS..... t4 c.4 STATEMENT OF WORK................. l4 c.5 15 SECTTON D - REPORTS REQUIRED FROM CONTRACTOR.............. .........16 D.l REPORT FORMAT 16 D.2 l6 D.3 OTHERREPORTS l6 D.4 16 SECTION E - INSPECTION AND ACCEPTANCE l7 8.1 INSPECTION AND ACCEPTANCE OF SERVICES .........................17 8.2 INSPECTION OF CONSTRUCTION .........I7 F.l PERIOD OF PERFORMANCE 19 19 t9 F.4 PLACE OF PERFORMANCE l9 SECTION G - CONTRACT ADMINISTRATION DATA 20 G.l CLAUSES INCORPORATED BY REFERENCE............ ....................20 G.2 AUTHORITY _ AUTHORIZED REPRESENTATIVE, CONTRACT ADMINISTRATOR, CONTRACT MONITOR AND CONTRACT MANAGER 20 22 SECTION H - SPECIAL CONTRACT REQUIREMENTS... ........24 H.l INSURANCE REQUIREMENTS 24 H.2 25 H.3 26 H.4 UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS.. 26 H.5 ORGANIZATIONAL AND NAME CHANGE 26 H.6 26 I.l AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR 28 1.2 ADVERTISING OF AWARD..... 28 I.3 DEFAULT AND TERMINATION... 28 1.4 NO WAIVER OF RIGHTS............... 32 I.5 INDEMNIFICATION OF THE DEPARTMENT............... 32 I.6 NO \ryAIVER OF DEFENSES.......... 33 1.7 INDEPENDENT CONTRACTOR... 33 r.8 LAWS OF TEXAS 33 Page 2 of50 696-FD-19-8041 SECTION A I.9 I.l0 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS.. ..................34 I.l I AppRovAL oF CONTRACT............ .........34 t.t2 NON-DISCRIMINATION 34 I.13 34 l.l4 34 r.t 5 OPTION TO EXTEND THE TERM OF THE CONTRACT 35 r.l6 OPTION TO EXTEND S8RVIC8S.................. 35 t.l7 35 I.18 NO LIABILITY UPON TERMINATION 35 t.l9 LIMITATION ON AUTHORITY....... 35 r.20 INTELLECTUAL PROPERTY INDEMNIFICATION 35 t.2l ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS REQUIRED BY I TAC CHAPTER 2I3 36 t.22 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP).................36 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHERSTATEMENTS OF BIDDERS...................38 K.l HTSTORICALLY UNDERUTILTZED BUSTNESS (HUB) REPRESENTATION..... .................38 K.2 CHILD SUPPORT REPRESENTATION ........................38 K.3 FRANCHISE TAX REPRESENTATION..... 39 K.4 39 K.5 39 K.6 NO GRATUITIES 40 K.7 40 K.8 HUMAN IMMUNO-DEFICIENCY VIRUS SERVICES ACT COMPLIANCE..... 40 K.9 COMMUNICABLE DISEASE PREVENTION & CONTROL ACT COMPI,IANCE 40 K.10 CONFLICT OF INTEREST............... 40 K.lt DISCLOSURE OF INTERESTED PARTIES 4t K.l2 4t K.13 UNFAIR BUSINESS PRACTIC8S.................. 4l K.l4 CONTRACTING \ryITH EXECUTIVE HEAD OF STATE AGENCY 4t K.l5 LIMITATION ON EMPLOYMENT OF FORMER STATE OFFICERS 42 K.l6 REMITTANCE ADDRESS................ 42 K.t7 SUSPENSION, DEBARMENT, AND TERRORISM................. 42 K.l8 PROHIBITION OF A STATE AGENCY CONTRACTING WITH COMPANIES THAT BOYCOTT K.I9 PROHIBITION OF A STATE AGENCY CONTRACTING WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATIONS ............43 K.24 CONDITIONS PRECEDENT TO AWARD ....................44 SECTION L.INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS.................. ...................45 L.l AMENDMENTS TO SOLICITATIONS 45 L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS 45 L.3 SIGNATURES ON BID SUBMITTED.......... 45 L.4 BID ACCEPTANCE PERIOD 45 L.5 46 L.6 RIGHTS OF THE DEPARTMENT 46 L.7 LEGISLATIVE BUDGET BOARD (LBB) POSTINGS 46 L.8 47 L.9 DISCUSSION AND CORRESPONDENCE.... ..................... 48 L.l0 DETERMINATION OF RESPONSIBLE BIDDER 49 Page 3 of50 696-FD-19-8041 SECTION A L.II SUMMARY OF KEY DATES 49 SECTION M - EVALUATION FACTORS FOR AWARDS 50 50 I Page 4 of50 696-FD-19-804 t SECTION A SBCTION A - DEFINITIONS The following terms used in this Contract will, unless the context indicates otherwise, have the meanings set fofth below: "Agency" rîeans the Texas Depaftment of Criminal Justice (TDCJ). "Alçr4tt rneans also known as. "Authorized Representative" means the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party lrereto as described in Section G.2.1. "Biennium" rrìeans any of the two-year periods beginning on September 1 and ending on August 3l of odd numbered years, which periods are used for budgetary purposes by the State of Texas. 66CFR" lneans Code of Federal Regulatiotls. "Commencement Date" means the date on which the Contractor shall begin providing services. For the purpose of this Contract, that date is the date the Contract is executed by signature of the TDCJ Chief Financial Officer. "Contract Monitor" mealts Department employee that is responsible for technical administration of this Contract. See Section G.2.3 for full explanation. "Contract Term" means the duration of this Contract as specified in Section F.1 . "Contractor" means the individual, partnership or corporation who performs services under this Contract. *DBA" means doing business as. "Department" means the Texas Department of Criminal Justice (TDCJ). "Department Policies" means all written policies, procedures, standards, guidelines, directives and manuals of the Department and as may be amended from time to time, which the Department has made available to the Contractor and with which the Contractor has an affirmative obligation to be and remain familiar. .oDisposal'o means the placement of solid waste in a facility permitted to treat, recycle, or otherwise destroy the waste in a manner prescribed by federal and state environmental regulations found in Title 40 of the Federal Code of Regulations and Title 30 of the Texas Administrative Code. *DOT" lneans the Department of Transpoftation. ßEFT" means Electronic Funds Transfer. ó680" means Executive Order. *EPA" means the Environtnental Protection Agency. "Event of Default" means any of the events or circumstances described in Section I.3. '.FDPA' means Facil ities Division, Program Administration. "Fiscal Year" lnealls any of the one (1) year periods beginning Septernber 1 and ending August 3 1, which periods are used for annual budgetary purposes by the State ofTexas. "Hazardous \ilaste" tneans any solid waste identified or listed as a lrazardous waste by the Administrator of the United States Environmental Protection Agency or the Texas Commission on Environmelltal Quality pursuant to the Resource Conservation Recovery Act or tlre Texas Solid Waste Act. *Land Ban" means land disposal restrictions on third third scheduled waste. "Manifest" means list giving details of iterns being carried, its destination, attd other particulars. "Non-appropriation" means the failure by the Legislature of the State, as paft of its bLrdgetary process, to appropriate money to be used for the paynents due hereunder. Page 5 of50 696-FD-1 9-804 I SECTION A "OFAC'means Office of Foreign Assets Control. '.OSHA" lreans Occupational Safety and Health Administration. "Payment" or "Payments" lneaus the amor¡nt(s) agreed to be paid by Departrnent to Contractor for services under this Contract. "PD" n-ìeans the Texas Depaftment of Criminal Justice's Personnel Directive. "Person" mealts any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, court or otlrer tribunal, or government or any agency or political subdivision thereof. *PIN" means Payee Identification Number. "Potentially Hazardous Waste" means a solid \¡/aste or other substance which is suspected, but not known, to be a hazardous waste. "QA/QC' means Quality Assurance/Quality Control. "Release Order" means the manner by which orders will be placed under this Contract. *SAO" means the State Auditor's Office. 6.SDN" means Specially Designated National List. o'Solid \ilaste'o means any waste material that is a liquid, solid, or contained gas. "services" means performance by the Contractor providing rernoval, disposal and transportation of hazardous waste in accordance with the terms and conditions listed hereunder. "Storage" means the holding of hazardous waste for a temporary period, at the end of which the halardous waste is treated, recycled, recovered or otherwise destroyed as prescribed by Title 40 Code of Federal Regulations and Title 30 Texas Administrative Code. '.TAC' means Texas Administrative Code.