HomeMy WebLinkAboutContract 54530 CSC No. 54530
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CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between GT
Distributors, Inc ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A—Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B—Cooperative Agency Contract (e.g.,NJPA, DIR, BuyBoard); and
4. Exhibit C—Conflict of Interest Questionnaire.
Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total estimated payments made under this Agreement for the first year
by City shall be in the amount up to Seventy-Two Thousand Seven Hundred Twenty-Eight Dollars and
501100 ($72,728.50). Vendor shall not provide any additional items or services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing.
The term of this Agreement shall be for one year beginning on September 24, 2020 and ending
on February 28, 2021.
Vendor agrees that City shall, until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CFW> Distributors, Inc. CITY SECRETARY Page 1 of 2
FT.WORTH, TX
To CITY: To VENDOR:
City of Fort Worth Name: CURTIS DAVID
Attn: Jesus J. Chapa, Deputy City Manager GT Distributors, Inc
200 Texas Street PO Box 16080
Fort Worth, TX 76102-6314 Austin, TX 78761-6080
Facsimile: (817) 392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office
at same address
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
ljel-4 121-- By signing I acknowledge that I am the person
By: Jesus J.Chapa(Sep 24,202018:00CDT) responsible for the monitoring and administration
Name: Jesus J. Chapa of this contract, including ensuring all performance
Title: Deputy City Manager and reporting requirements.
Date:
1'lIffxy LOOP 4A0Z
APPROVAL RECOMMENDED: By: fames Rodriguez(Sep 2Y,202015:24 CDT)
Name: James Rodriguez
Title: Sr. Management Analyst
By: Rob ldrdge(�s�p24,202016:51CDT) _ APPROVED AS TO FORM AND LEGALITY:
Name: Edwin Kraus a44nan
Title: Chief of Police �ppF FAR oo*aa
ATTEST: � .00
vo ox� By:
°oa0000 o�*,� Name: Taylor Paris
o.OaII�aEXASoo`� Title: Assistant City Attorney
By: lor Ronald P.Gonzales(Sep 75,202009:34CDT) CONTRACT AUTHORIZATION:
Name: Mary J. Kayser M&C: N/A
Title: City Secretary
VENDOR:
GT DISTRUBTORS,INC. ATTEST:
r'
By:
171C: DAVID CURTIS By: `i
Title: BIDS MANAGER Name: �SOPHIA�GaAV
Title: BIDS ADMINISTRATOR
Date: U9/14/2MU
OFFICIAL RECORD
CFW > Distributors, Inc. CITY SECRETARY Page 2 of 2
FT.WORTH, TX
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B. 23,64th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, oala R.Wved
by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filedwith the records adminlstratorof the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that requlre the statement to be filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense If the vendor knowingly violates Section 176.006, Local
Government Code.An offense under this section Is a misdemeanor.
!J Name of vendor who has a business relationship with local governmental entity.
G T DISTRIBUTORS, INC.
11 Chock Ihis box it you are illing an update to a previously Illed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
Incomplete or inaccurate.)
3
Name of local government officer aboutwhom the Information In this section Is being disclosed.
N/A
Name of Officer
This sectlon(item 3 including subparts A, B, C,& D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. is the local government officer named in this section receiving or likely to receive taxable income,other than Investment
Income,from the vendor?
f1 Yes No
B. is the vendor receiving or likely to receive taxable income,other than Investment income,from or at the direction of the local
government officer named In this section AND the taxable income is not received from the local governmental entity?
1 Yes ! 1 No
C, is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director,or holds an ownership Interest of one percent or more?
n Yes L::] No
D. Describe each employment or business and family relationship with the local government officer named In this section.
09/24/2020
S nature of vendor doing business with the governmental entity Date
Adopted 8/7/2016
Revised 3.11.20tp
Exhibit A Quote QTE0120303
Date:' j 8/6/2020
Pa e: 1
GT Distributors -Austin
• P.O. Box 16080
,S���utQrS� Austin TX 78761
01 1� (512) 451-8298 Ext. 0000
Bill To: Ship To:
Ft Worth Police Department (TX) Ft Worth Police Department
Attn: PD Finance Dept. 511 W. Felix St.
505 West Felix Street Ref PO:
Fort Worth TX 76115 Attn: Carmen Lynch
Fort Worth TX 76115
P, rchase'O`r er=No: C's oilier°ID. . . ` Sales rson ID» Stir min Mefhoda Pa rr►en Terms k !§fi Date ME s�erW
TCI 8620 1000497 IFACTORY DIRECT NET 15 0/0/0000 2,116,422
uanti "�: Item.N'umber%p - Descri tion.::'`.t ,. `> _. a,
UOM lJn�tPr�cextPrice .
50 TCI-TECS_TP120-LSW TECS TP-120 CONN LFT TACT-LITE SET EA $294.50 $14,725.00
50 TCI-LIB4_A_APX/LBKU• LIBERATOR®IV ADVANCED SINGLE COMMI Each $1,156.17 $57,808.50
All returns must be authorized by GT Distributors. Interest charges on past Subtof'I' = $72 533.50
due invoices at the maximum rate allowed by law. M6c = $0.00
Thank you for your business, Todd Prellop. Tax $0.00
$0.00
Total $72,533.50
(http://www,corn ptrol ler.texas.gov/)
_ Texas Comptroller of Public
Accounts
Glenn Hegar
qFExhibit B
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Contract Details: # 680-A1
Search for items in this contract(/contract_number/680—Al/ex_search/false)
Number 680-A1
Description Police Equipment,Accessories and Ammunition
Category TxSmartBuy
Type Term
Start Date 2/1/2015
End Date 2/28/2021
Purchase Category PCC A except WorkQuest or TCI purchases made through Texas SmartBuy,which require the use of Document
Code(Agencies Only) Type 9,with a blank PCC field.
Optional Renewal Terms No renewals remaining
Purchase Orders Only purchase orders issued through TxSmartBuy are eligible for contract pricing.The Contractor will not ship any
products or provide related services until receipt of a Purchase Order generated by the TxSmartBuy system.
NIGP Code(s) 680-04 680-08
680-12 680-20
680-24 680-44
680-48 680-50
680-52 680-53
680-56 680-56
680-60 680-61
680-65 680-67
680-77 680-84
680-86 680-87
680-88 680-92
680-95
CPA Contract Questions regarding contract management issues, price changes,amendments or other post-award concerns
Management should be directed to:
SPD Contract Management Office(SCMO)
Texas Comptroller of Public Accounts(CPA)
Phone: (512)463-3034 option 3
Email:spd.cmo@cpa.texas.gov(mailto:spd.cmo@cpa.texas.gov)
Contract This contract is intended to cover the State's normal requirements for police equipment,accessories,and
Specifics/Notes ammunition that have historical usage and to offer best value for these items. Items that are not specifically listed in
this contract may be purchased from the catalog provided by the Contractor.The Contract price for the catalog
items offered by each awarded contractor can be found by going to the Contractor's link shown below:
Contractor Catalogs
680-A1 Axon Enterprise, Inc.Catalog(https://secocros.cpa.texas.gov/SSP Applications/NetSuite Inc.-
Shopping/Custom ShopFlow/Documents/Contract Attachments/680-Al Axon Price Sheet-8-27-20.xlsx)
680-A1 CMI Inc.Catalog(http://secocros.cpa.texas.gov/SSP Applications/NetSuite Inc.-Shopping/Custom
ShopFlow/Documents/Contract Attachments/680-A1 CMI_Catalog_6-4-2020.xlsx)
680-A1 Galls, LLC dba Miller Uniforms&Equipment Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-A1 Millers Uniforms Catalog
v2.xlsx)
680-A1 GT Distributors, Inc.Catalog (http://secocros.cpa.texas.gov/SSP Applications/NetSuite Inc.-
Shopping/Custom ShopFlow/Documents/Contract Attachments/680-Al GT Distributor Catalog 4-14-2020.xlsx)
680-A1 Guth Laboratories, Inc.Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-A1 Guth Catalog5-15-15.xlsx)
680-A1 Intoximeters, Inc. Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-Al Intoximeters Catalog.xlsx)
680-A1 Kustom Signals, Inc. Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-A1 Kustom Signals Posted.xlsx)
680-A1 Lawmen's Shooters'Supply, Inc. Catalog
(http://www.txsm artbuy.com/Shop F low/Documents/Contract%20Attach ments/Lawmen.xlsx)
680-A1 MPH Industries, Inc. Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-A1 MPH Catalog.xlsx)
680-A1 Precision Delta Catalog (http://secocros.cpa.texas.gov/SSP Applications/NetSuite Inc.-Shopping/Custom
ShopFlow/Documents/Contract Attachments/680-Al Precision Delta Catalog 5-26-2020.xlsx)
680-A1 Safety Supply, Inc.Catalog
(http://www.txsmartbuy.com/ShopFlow/Documents/Contract%20Attachments/680-A1 Safety Supply Catalog
Posted 3-14-18.xlsx)
Expedited Payment Following the contract award,additional products or services of the same general category that could have been
Discount encompassed in the award of this contract, and that are not already on the contract, may be added.Customers are
encouraged to request additional items by contacting the SPD Contract Management Office.
Delivery Delays by If delay is foreseen,Contractor shall give written notice to the Customer and must keep Customer advised at all
Contractor times of status of order.
Default in promised Delivery Days After Receipt of Order(ARO)without accepted reasons or failure to meet
specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any
increased costs for the goods and services, including the cost of re-soliciting,to the Contractor.
Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the
contractor,as applicable,from the State Centralized Master Bidders List(CMBL).
Compliant Products by Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the
Contractor specifications to Customer F.O.B.destination, unless delivery is specifically accepted, in whole or in part, by the
Customer. Providing products, materials or services which do not meet all specification requirements does not
constitute delivery.
Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting
specifications are discovered after payment has been made.
Purchase Order The Customer may request that a Contractor cancel a specific line item or an entire purchase order.There shall be
Cancellation no fees charged for cancellation of an item and/or order prior to shipment by the Contractor.The cancellation must
be processed through the TxSmartBuy system.
Restocking Fee for The Customer may request that a Contractor accept return of products already delivered. If the return is required
Returned Products through no fault of the Contractor,the Contractor may request a reasonable restocking charge.The Customer may
pay a restocking charge if the CPA or Customer determines that the charge is justifiable.As a guideline,such
charges shall not exceed 10%.
Substitutions During the Contract term,the Contractor shall not substitute a product or brand unless the Contractor has obtained
prior written approval from the CPA Contract Manager in coordination with the Customer.The Contractor must
have written confirmation from the CPA Contract Manager of the substitution before making delivery.
Contractor Performance The Statewide Procurement Division Contract Management Office(SCMO),a division of the Comptroller of Public
Accounts(CPA),administers a vendor performance program for use by all customers per Texas Government Code
(TGC),§2262.055,and 34 Texas Administrative Code(TAC), §20.108.The Vendor Performance relies on the
customer's participation in gathering information on vendor performance.State agency customers shall report
vendor performance on purchases of$25,000 or more from contracts administered by CPA,or any other purchase
of$25,000 or more made through delegated authority granted by CPA(TAC 20.108),or purchases exempt from
CPA procurement rules and procedures.State agencies are additionally encouraged to report vendor performance
on purchases under$25,000.
Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.
(https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/)
The purpose of the Vendor Performance Tracking System is to:
• Identify vendors that have exceptional performance
•Aid purchasers in making a best value determination based on vendor past performance
•Protect the state from vendors with unethical business practices
•Provide performance scores in four measurable categories for the CMBL vendors
•Track vendor performance for delegated and exempt purchases
Contractors Information
VID: 17515449258
Contractor:Applied Concepts Inc
Contact Name: Jan Achilles
Email: Sales@Stalkerradar.Com
Phone: (972)398-3780
Address:Applied Concepts Inc 2609 Technology Drive Plano TX 75074-7467
VID: 18607412279
Contractor:Axon Enterprise, Inc.
Contact Name: Caitlin Morgan
Email: Contracts@axon.com
Phone: (480)463-2149
Address: 17800 N 85Th St Scottsdale AZ 85255
VID: 17416721904
Contractor: Baileys House of Guns, Inc.
Contact Name: Bernard Bailey
Email: Baileyshouseofguns@Sbcglobal.Net
Phone: (713)433-2475
Address: Baileys House of Guns, Inc.3626 Bluebonnet Drive Houston TX 77053-4901
HUB Eligibility:WO
HUB Gender: F
VID: 16112052739
Contractor: CMI Inc.
Contact Name: Tom Settles
Email:Wtsettles@Alcoholtest.Com
Phone: (270)685-6362
Address: CMI Inc.316 E.9th St.Owensboro KY 42303
VID: 12035459895
Contractor: Galls, LLC
Contact Name: Lina Hester
Email: teamtexas@Galls.com
Phone: (859)800-1139
Alternate Email: hester-lina@galls.com
Address: 1340 Russell Cave Rd. Lexington KY 40505
VID: 17423395288
Contractor: GT Distributors, Inc.
Contact Name: Customer Service
Email: Txsales@Gtdist.Com
Phone: (512)451-8298
Address: GT Distributors, Inc. Po Box 16080 Austin TX 78761-6080
VID: 12321390911
Contractor: Guth Laboratories, Inc.
Contact Name: Nancy Guth
Email: Nfguth@Guthlabs.Com
Phone: (717)564-5470
Address: 590 North 67th Street Harrisburg PA 17111-4511
VID: 14309065333
Contractor: Intoximeters Inc
Contact Name: Jerry Denton
Email: sales@intox.com
Phone: (314)429-4000
Address: 2081 Craig Road St Louis MO 63146
VID: 14317577303
Contractor: Kustom Signals, Inc.
Contact Name: Robin Jess
Email: info@kustomsignals.com
Phone: (800)458-7866 x3023
Alternate Email: rjess@kustomsignals.com
Address: Kustom Signals, Inc. 9325 Pflumm Rd Lenexa KS 66215-3347
VID: 15922231327
Contractor: Lawmen's&Shooters'Supply
Contact Name: Gail Walker-Keen
Email: gail@lawmens.net
Phone: (772)569-8700 x218
Address: Lawmen's&Shooters'Supply 1910 82nd Ave.,Ste. 102 Vero Beach FL 32966
VID: 16112052747
Contractor: MPH Industries, Inc.
Contact Name: Eric Ruud
Email: elruud@mphindustries.com
Phone: (270)685-6398
Address: 316 E.9th St.Owensboro KY 42303
VID: 16406718441
Contractor: Precision Delta Corporation
Contact Name: Patricia Lott
Email: Precdelta@Tecinfo.Com
Phone: (662)756-2810
Address: P.O. Box 128 Ruleville MS 38771
VID: 17422801534
Contractor: Safety Supply, Inc.
Contact Name: Elizabeth Caldwell
Email: Govorder@Safetysupplyinc.Com
Phone: (210)650-9033
Address: 11827 Tech Com Rd,#114 San Antonio TX 78233
VID: 36966966966
Contractor:TCI
Contact Name: Customer Service
Email: tci@tdcj.texas.gov
Phone: (936)437-6048
Address: PO BOX 4013 Huntsville TX 77342
VID: 17419760511
Contractor:WorkQuest
Contact Name:Audrey Cedillo
Email: Smartbuy@workquest.com
Phone: (512)451-8145
Address: TIBH 1011 East 53 1/2 Street Austin TX 78751
Texas Comptroller of Public Accounts
Glenn Hagar
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COMPTROLLER OF PUBLIC ACCOUNTS
STRATEGIC SOURCING DIVISION
REQUEST FOR PROPOSALS
Police Equipment, Accessories and Ammunition
RFP No. 680-A1
NIGP CLASS: 680- ITEMS: All
Proposal Due Date: August 22, 2014
Proposal Due Time: 2:00 pm (Central Time in Austin, Texas)
Posting Date: [July 31, 20141
**NOTE** This RFP is composed of two parts: (1)Part A, Special Instructions, and(2) Part B,
General Instructions and Contract Terms and Conditions. In the event an instruction or term in Part A
conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any
addenda or amendments to either Part A or Part B control over the original versions. The Definitions in
Part B, Section B.1.2 apply to Part A. The RFP controls over any attachments or exhibits to the RFP,
including any technical specifications.
RFP No.680-A1 May 2014
Page Al
RESPONSE SUBMISSION CHECKLIST
IMPORTANT:
ALL INQUIRIES AND COMMUNICATIONS CONCERNING THIS RFP MUST BE
ADDRESSED TO THE INDIVIDUAL AS LISTED IN SECTION A.10.2 — POINT OF
CONTACT.
COMMUNICATIONS WITH OTHER THAN THE POINT OF CONTACT MAY RESULT IN
DISQUALIFICATION OF A RESPONSE.
Read all documentation and requirements contained within this RFP package.
To be responsive and considered for evaluation and award, respondents must return the documentation
required and requested in this RFP package. The documents must be completed and signed as
required.
Reference Section A.14 — Organization of the Proposal for Submission
Responses received without the required documentation, as identified below, may be disqualified.
❑ CONFIDENTIAL/PROPRIETARY INFORMATION
❑ EXECUTION OF PROPOSAL—ATTACHMENT A
❑ RESPONDENT CONTACT INFORMATION FORM—ATTACHMENT B
❑ PREFERENCES—ATTACHMENT C
❑ HUB SUBCONTRACTING PLAN(HSP)—Reference Section A.I I
There are no exceptions for the submission of the HSP, therefore, responses received without the
completed and signed HSP, shall be rejected as a material failure to comply with the requirements of
this RFP and will be disqualified.
❑ MANDATORY PRICE SHEET: Submit electronically in the original format.
❑ ASSUMPTIONS AND EXCEPTIONS
❑ THE CONFLICT OF INTEREST DISCLOSURE
❑ MANUFACTURER'S PRICE LIST
❑ DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED
❑ FINANCIAL RESPONSIBILITY/STABILITY
❑ SIGNED ADDENDA TO RFP, IF ANY
Reference Section A.15 for Submission Requirements
As indicated in the referenced section:
THE PRICE SHEET MUST BE SUBMITTED ELECTRONICALLY IN THE ORIGINAL
FORMAT.
Please read all instructions carefully for submitting electronically:
Use the following e-mail address to submit your response electronically and it is recommended to
begin the process well in advance of 2:00 pm on the due date:
SSCM.ebids@cpa.state.tx.us
PART A: SPECIAL INSTRUCTIONS
RFP No.680-A1 May 2014
Page A2
Table of Contents
A.1 DEFINITIONS.........................................................................................................................................................5
A.2 DESCRIPTION........................................................................................................................................................5
A.3 TERM OF THE CONTRACT................................................................................................................................5
A.4 PRICING STRUCTURE.........................................................................................................................................6
A.4.1 TXSMARTBUY ON-LINE ORDERING SYSTEM........................................................................................................6
A.4.2 FIRM PRICE WITH ESCALATION(CORE ITEMS)......................................................................................................6
A.4.3 DISCOUNT-FROM-LIST PRICING(CATALOG/NON-CORE ITEMS)............................................................................6
A.5 PRICE ADJUSTMENTS........................................................................................................................................7
A.5.1 PRICE ADJUSTMENT FOR FIRM PRICE WITH ESCALATION(CORE ITEMS)...............................................................7
A.5.2 PRICE ADJUSTMENT CALCULATION FOR DISCOUNT-FROM-LIST(NON-CORE/CATALOG ITEMS)..........................7
A.5.3 PRICE DECREASES OR DISCOUNT INCREASES........................................................................................................8
A.5.4 PRICE ADJUSTMENT REQUESTS.............................................................................................................................8
A.6 REQUIREMENTS AND SPECIFICATIONS......................................................................................................9
A.6.1 REQUIREMENTS.....................................................................................................................................................9
A.6.2 SPECIFICATIONS....................................................................................................................................................9
A.6.3 REFERENCED BRAND EXAMPLE............................................................................................................................9
A.6.4 CONDITION OF PRODUCTS.....................................................................................................................................9
A.6.5 QUANTITIES...........................................................................................................................................................9
A.6.6 PRODUCT AVAILABILITY.....................................................................................................................................9
A.6.7 QUALITY ASSURANCE GUARANTEE.................................................................................................................. 10
A.6.8 MANUFACTURER OF AMMUNITION REQUIREMENTS............................................................................................ 10
A.6.9 INSURANCE REQUIREMENTS................................................................................................................................ 10
A.6.10 TRADE-INS.......................................................................................................................................................... 10
A.7 SHIPPING,DELIVERY AND PACKAGING....................................................................................................11
A.7.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION...................................................................................... 11
A.7.2 PACKAGING AND LABELING:............................................................................................................................... 11
A.7.3 SPECIAL DELIVERY REQUIREMENTS.................................................................................................................... 11
A.7.4 HOURS OF DELIVERY........................................................................................................................................... 11
A.7.5 DELIVERY SCHEDULE.......................................................................................................................................... 11
A.7.6 DELIVERY DELAYS.............................................................................................................................................. 11
A.7.7 COMPLIANT PRODUCTS....................................................................................................................................... 12
A.8 RESTOCKING FEE..............................................................................................................................................12
A.9 FINANCIAL MATTERS......................................................................................................................................12
A.9.1 INVOICES AND EXPEDITED PAYMENT DISCOUNTS............................................................................................... 12
A.9.2 PURCHASE ORDERS............................................................................................................................................. 12
A.9.3 ONLINE ORDERING.............................................................................................................................................. 12
A.10 PROPOSAL INFORMATION.............................................................................................................................13
A.10.1 CALENDAR OF EVENTS........................................................................................................................................ 13
A.10.2 POINT OF CONTACT............................................................................................................................................. 13
A.10.3 PRE-PROPOSAL CONFERENCE.............................................................................................................................. 14
A.10.4 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS PART A OF THE RFP PACKAGE.................................... 14
A.11 HUB SUBCONTRACTING PLAN—REFERENCE PART B; SECTION B.2.5............................................15
A.12 EVALUATION OF PROPOSALS.......................................................................................................................16
A.12.1 EVALUATION....................................................................................................................................................... 16
A.13 AWARD PROCESS...............................................................................................................................................17
A.13.1 AWARD............................................................................................................................................................... 17
RFP No.680-A1 May 2014
Page A3
A.13.2 MULTIPLE AWARDS............................................................................................................................................ 17
A.13.3 ADDING NEW COMMODITIES TO THE CONTRACT AFTER AWARD....................................................................... 17
A.14 ORGANIZATION OF THE PROPOSAL FOR SUBMISSION........................................................................18
A.14.1 CONFIDENTIAL/PROPRIETARY INFORMATION...................................................................................................... 18
A.14.2 EXECUTION OF PROPOSAL—ATTACHMENT A..................................................................................................... 18
A.14.3 RESPONDENT CONTACT INFORMATION FORM—ATTACHMENT B........................................................................ 18
A.14.4 PREFERENCES—ATTACHMENT C........................................................................................................................ 18
A.14.5 HUB SUBCONTRACTING PLAN -REFERENCE SECTION A.I I .............................................................................. 18
A.14.6 MANDATORY PRICE SHEET(EXCEL®)ATTACHMENT D..................................................................................... 19
A.14.7 ASSUMPTIONS AND EXCEPTIONS......................................................................................................................... 19
A.14.8 THE CONFLICT OF INTEREST DISCLOSURE........................................................................................................... 19
A.14.9 MANUFACTURER'S PRICE LIST............................................................................................................................ 19
A.14.1 0 STATEMENT OF MEETING MANDATORY REQUIREMENTS.................................................................................... 19
A.14.11 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED..........................................................................................20
A.14.12 FINANCIAL RESPONSIBILITY/STABILITY..............................................................................................................20
A.15 SUBMITTING THE PROPOSAL TO THE CPA..............................................................................................20
RFP No.680-A1 May 2014
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A.1 DEFINITIONS
When capitalized, the following terms and acronyms have the meaning set forth below. All other terms
have the meaning set forth in Webster's II New College Dictionary.
TERM DEFINITION
Contract Any Contract(s) resulting from this solicitation. Note: There is no guarantee that
any Contract will result from this solicitation.
Contractor The Respondent(s) awarded a Contract as a result of the RFP.
CPA The Comptroller of Public Accounts, the state agency issuing this solicitation.
Customer Those state and local entities that are required and permitted by law to purchase
goods and services under Contracts established by the CPA.
ESBD The Electronic State Business Daily, which is available online at
http://esbd.cpa.state.tx.us/.
Gov't Code The Texas Government Code.
Party/Parties Either the CPA and Respondent separately or collectively.
Proposal The response submitted by a vendor to the CPA as a result of this solicitation.
Respondent Any person or vendor who submits a Proposal in response to this solicitation.
RFP Request for Proposals, which is the type of solicitation embodied in this
document.
TAC The Texas Administrative Code, which is the publication for administrative rules.
TPASS Texas Procurement and Support Services Division
A.2 DESCRIPTION
The Strategic Sourcing Division of the Texas Comptroller of Public Accounts (CPA) is seeking
Proposals to establish a Contract for the most commonly used police equipment, accessories,
ammunition and supplies ordered by Customers utilizing the CPA term contracts.
The estimated total value of this Contract including all renewal periods is $53,719,155. This value is
based on the total spend for all Customers throughout fiscal years 2012 and 2013. This expenditure
data is for informational purposes only and does not guarantee sales of any amount.
The customers for the CPA term contracts are State of Texas Agencies; Higher Education and
Cooperative Purchasing Members.
Information about the Cooperative Purchasing program and the member list can be accessed at:
hllp://www.window.state.tx.us/procurement/prog/ppop/
A listing of the State Agencies can be found at: hllp://esbd.ppa.state.tx.us/agaddress/addresslist.cftn
A.3 TERM OF THE CONTRACT
The Contract shall commence upon the issuance of a Notice of Award by the CPA and shall
automatically expire on August 31, 2017.
Two, (2) one-year periods for renewal will be at the sole option of the CPA.
lst Renewal Option: September 1, 2017-August 31, 2018
RFP No.680-A1 May 2014
Page A5
2°d Renewal Option: September 1, 2018-August 31, 2019
The Contract may be extended as needed, not to exceed a total of six (6)months.
A.4 PRICING STRUCTURE
Proposed prices/discounts offered to the State may be considered the Respondent's most favored
Customer pricing; however, CPA reserves the right to negotiate pricing. In the event a Contractor
offers or provides a decrease in price or increase in discount to its Customers for the same
commodities, under substantially similar terms and conditions, provided for the State of Texas
pursuant to its Contract, the Contractor shall provide the same decrease in price or increase in discount
for the State of Texas.
A.4.1 TxSmartBuy On-Line Ordering System
The CPA has implemented the TxSmartBuy online ordering system to permit Customers to order from
the Contract. To cover the costs of the system, the Contractor will be charged a 1.5%
administrative fee on all sales under the Contract, whether or not the sales are made through the
online ordering system. The Respondent must consider this fee when developing pricing for their
Proposal. In reviewing the Respondent's pricing, discounts, Proposal and any subsequent Best and
Final Offers (BAFO), CPA will conclude that Respondent's Proposal as submitted has factored in the
1.5% administrative fee.
CPA will not allow Respondent to adjust pricing to address the TxSmartBuy ordering system once the
Proposal has been submitted.
A.4.2 Firm Price with Escalation (Core Items)
Pricing for "Core Items" (as noted in Attachment D) must remain firm during the initial term of the
Contract with escalation in accordance with Section A.5.1
Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling fees,
fuel surcharges and delivery fees.
A.4.3 Discount-From-List Pricing (Catalog/Non-Core Items)
Pricing for "Catalog Items" (as noted in Attachment D) must remain firm for 90 days from the Notice
of Award of the Contract with escalation in accordance with Section A.5.2.
Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling fees,
fuel surcharges and delivery fees.
IMPORTANT: The required price lists should be included with the Proposal. If a Respondent fails to
submit a manufacturer's price list/catalog or if the Respondent submits a price list/catalog which fails
to meet the requirements of the RFP, the Proposal may still be considered. Written notification will be
sent by CPA requesting the price list/catalog or the corrected version. This price list/catalog must be
received by the date specified by CPA or prior to award, whichever comes first. If the Respondent fails
to submit or cannot provide the requested documentation in the form of a price list/catalog, the award
will be made at a firm fixed price for the duration of the Contract and all renewal periods.
RFP No.680-A1 May 2014
Page A6
Clarification of Manufacturer's Price List/Catalog:
4.3.1. This type of contract provides for discounts from a current manufacturer's or producer's type
price list/catalog. The list provided must be the latest in effect on the response due date.
Manufacturer's price list means a price list published in some form by the manufacturer of a
product and available to and recognized by the trade. A price list especially prepared for a given
solicitation is not acceptable. The CPA reserves the right, in its sole discretion, to determine the
acceptability of a price list.
4.3.2. Dated manufacturer's distributor or producer's type price list/catalog or industry accepted
documentation showing the current pricing and the initial pricing structure must be included in the
solicitation file. Accepted documentation could include mill notification letters, invoices, and
copies of general announcements from the manufacturer showing the transaction prices dated prior
to the response due date. These announcements must apply to all government customers or
Customers of a similar volume and not apply only to the solicitation for the state of Texas.
A.5 PRICE ADJUSTMENTS
A.5.1 Price Adjustment for Firm Price with Escalation (Core Items)
Price adjustment requests for "Core Items" may be made annually at time of renewal or at the sole
discretion of CPA throughout the term of the Contract upwardly or downwardly when correlated with
the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI,
Washington, DC 20212.
BLS website: http://data.bls.gov/cgi-bin/srgate
Producer Price Index: As Applicable for items specified in"Core Items"list.
When using the most recent monthly information from the index, the following applies:
A=Index from the month of the due date for responses of this RFP, OR
The effective date/month of the last approved price increase
B =Current and/or latest baseline index
The maximum allowable percent change shall be calculated as follows:
B-A-A x 100%=Percent of allowable price increase
The Contractor may offer price decreases in excess of the allowable percent change.
A.5.2 Price Adjustment Calculation for Discount-From-List(Non-Core/Catalog Items)
Price adjustments for "Non-core/catalog" items may be requested after the initial 90 days of the
awarded Contract and during any active term based upon changes in an approved manufacturer's price
list or cost list. Catalog item price adjustment requests will be limited to once a quarter (based on the
State's fiscal year, which begins September 1).
The Contractor shall calculate the maximum allowable increase as determined by the following
formula:
Original Awarded Price-Original Mfg. Price X New Mfg. Price=Max. Allowable Contract Price
RFP No.680-A1 May 2014
Page A7
Failure by the Contractor to calculate this formula and provide any supporting documentation will not
be considered a properly submitted price increase request.
A.5.3 Price Decreases or Discount Increases
Contractors are required to immediately notify CPA in writing of any price decrease or discount
increase that may become available so that CPA can update the pricing in TxSmartBuy.
A.5.4 Price Adjustment Requests
Requests for price increases must be submitted to CPA, TPASS Contract Management Office (TCMO)
and documented with properly calculated proposed pricing a new and dated manufacturer's price
and/or cost list (if applicable). Failure by the Contractor to use the appropriate formula as indicated
above for calculating the price adjustment and providing supporting documentation will not be
considered a properly submitted price increase request.
TCMO reserves the right to accept, reject, or negotiate increases within 15 calendar days after receipt
of a complete, properly submitted request. The Contractor will receive written notification from
TCMO documenting action taken, to include effective dates when appropriate.
If a complete, properly submitted price adjustment is rejected, the Contractor may request cancellation
from the Contract of items for which price adjustment was rejected by giving TCMO written notice.
CPA has the sole option to approve or reject all item cancellation requests. If approved, cancellation
will not go into effect for 15 calendar days after written notice of approval.
Purchase orders dated prior and up to the effective date of cancellation must be honored at the price
reflected on the order.
The request can be sent by e-mail to: Wass_cmoAcpa.state.tx.us
Or mail to:
Texas Comptroller of Public Accounts
Attn: TPASS Contract Management Office (TCMO)
PO Box 13186
Austin, TX 78711-3186
RFP No.680-A1 May 2014
Page A8
A.6 REQUIREMENTS AND SPECIFICATIONS
Reference the Mandatory Price Sheet for line items.
A.6.1 Requirements
All of the requirements in this section are considered mandatory requirements that the State expects to
be satisfied by the Respondent. Respondents must indicate their willingness and ability to satisfy these
requirements (see Section A.14.11). These mandatory requirements will be evaluated as indicated in
Section A.12.1. The Respondent may be considered non-responsive if it fails to provide sufficient
evidence of its ability to meet these requirements.
A.6.2 Specifications
All parts which are necessary for the equipment listed on the Mandatory Price Sheet and the
Respondent's proposed catalog to be complete and ready for operation or which are considered as
standard will be furnished by the Contractor.
A.6.3 Referenced Brand Example
Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality
desired. Proposals on brands of like nature and quality will be considered unless advertised as
proprietary under Section 2155.067, Texas Government Code. If proposing other than the referenced
brands/model number, Respondent must show manufacturer, brand or trade name,product number and
provide complete descriptive information of product offered and include with response. Failure to
take exception to specifications or reference data will require Respondent to furnish specified brand
names, numbers, etc.
A.6.4 Condition of Products
Proposed and delivered products shall be new, unused, of current production, and in first class
condition, including containers suitable for shipment and storage, unless otherwise specified in the
solicitation.
A.6.5 Quantities
CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No
minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the
Mandatory Price Sheet are estimates only and are based upon previous usage for an eighteen (18)
month period. These shall not be construed as a minimum or a maximum quantity that Customers may
order.
A.6.6 Product Availability
Respondents must agree that there will be no cancellation of products without an equal and acceptable
replacement approved by a designated TPASS Contract Manager during the term of the Contract.
Contractors must communicate manufacturer's discontinuation of any products to the Contract
Manager in writing within five (5) business days of discovery. In such instances, Contractors shall
work with the Contract Manager to identify and implement alternative options that shall maintain or
RFP No.680-A1 May 2014
Page A9
reduce costs associated with the replacements. Contractors shall offer suggested replacements of
discontinued products at least thirty(30) days prior to substitution, including replacement part number,
description, list price, applicable discount and net price.
A.6.7 Quality Assurance Guarantee
The Contractor shall guarantee its products to be free from defects in materials and workmanship,
given normal use and care over the period of the manufacturer warranty. The Contractor shall agree to
repair and/or immediately replace without charge (including freight both ways) to Customer any
product or part thereof, which proves to be defective or fails within the manufacturer warranty period
as specified. Upon receipt of notice from the Customer, repair or replacement should be made within
the same time period required for the original delivery of the defective item. Unless otherwise
specified, this time period shall be one (1)business day.
A.6.8 Manufacturer of Ammunition Requirements
Manufacturer of ammunition must be a full member of the Sporting Arms & Ammunition
Manufacturer(SAAM). Respondent must submit the membership document with Proposal response.
A.6.9 Insurance Requirements
All body armor listed in Attachment D — Mandatory Price Sheet and/or included in Contractor's
proposed catalog will have the minimum industry liability insurance requirements. Insurance
document may be submitted with Proposal response and will be required prior to award.
A.6.10 Trade-Ins
CPA and its Customers reserve the right to offer surplus or salvage property as a trade-in on new
property of the same general type, if the trade-in offers the best value to the state. Trade-Ins must meet
the following requirements:
• Trade-in equipment to be picked up by the Contractor as per customer terms and conditions.
The Customer will provide a deadline in terms of the number of days for the Contractor to
remove the used equipment;
• Each type of trade-in allowance must be shown on the purchase order as an individual line
item;
• Trade-in allowance must not exceed the Contract price for new items being purchased; and
• Contractor shall provide a statement or quote to the Customer detailing the trade-in credit
amount for each item, including serial numbers, where applicable. A copy of this document
must be sent to CPA through the TxSmartBuy system at the time of order.
Used equipment will not be released to the Contractor as a trade-in until the purchased equipment is
received; unless the customer receives a bond, letter of credit or similar instrument as collateral.
Trade-Ins will be handled on a case by case basis. The Contractor will provide the Customer a fair
value amount to be deducted from the total of the applicable order. NOTE: The TxSmartBuy
administrative fee will be assessed on the value of the new equipment before the trade-in credit is
applied.
RFP No.680-A1 May 2014
Page A10
A.7 SHIPPING, DELIVERY AND PACKAGING
A.7.1 Identification of Shipments and Documentation
In addition to the complete destination address, each delivery must be clearly marked with the
purchase order number. Each shipment must be accompanied by a packing slip.
The Material Safety Data Sheet (MSDS) applicable to each product must be submitted with
shipment(s) as applicable by law.
A.7.2 Packaging and Labeling:
All items shipped must be properly labeled, with weather resistant labeling, showing the brand name,
package quantity, lot number(if applicable) and any other necessary identifying information.
A.7.3 Special Delivery Requirements
Customers may have specific, internal delivery rules and policies. These will be provided on each
purchase order issued by the Customer. The Contractor(s) will be required to adhere to those
requirements.
A.7.4 Hours of Delivery
Delivery shall be made during the hours of 8:00 am to 4:00 pm (Central Time). Respondent is
encouraged to obtain Customer's hours of operation at time of order.
Prior approval by the Customer is required for after-hours delivery. In the event of any approval by
the Customer for after-hours delivery, Respondent may not invoice any additional charges for that
delivery.
A.7.5 Delivery Schedule
Respondent's shall furnish, in the space indicated on the Mandatory Price Sheet, a delivery schedule
for each line item as to time required for delivery after receipt of order (ARO) under normal
conditions.
Delivery Days means calendar days, unless otherwise specified. Failure to state delivery time may
disqualify Respondent. CPA, at its sole option, may choose to negotiate delivery times.
A.7.6 Delivery Delays
If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer
advised at all times of status of order. Default in promised delivery (without accepted reasons) or
failure to meet specifications authorizes the Customer to purchase goods of this RFP elsewhere and
charge any increased costs for the goods, including the cost of re-soliciting, to the Contractor. Failure
to pay a damage assessment is cause for Contract cancellation and/or debarment or removal of the
Respondent from the State's Centralized Master Bidders List (CMBL).
RFP No.680-A1 May 2014
Page All
A.7.7 Compliant Products
Providing products or materials which do not meet all specification requirements does not constitute
delivery. Delivery does not occur until the Respondent delivers products or materials in full
compliance with the specifications to Customer's F.O.B. destination, unless delivery is specifically
accepted, in whole or in part, by the Customer. Customer reserves the right to require new delivery or a
refund in the event that materials or products not meeting specifications are discovered after payment
has been made.
A.8 RESTOCKING FEE
The Customer may request that a Contractor accept return of merchandise already delivered or that a
Contractor cancel an order prior to delivery. If the return is required through no fault of the Contractor,
the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge
if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not
exceed 10%. There shall be no fees charged for cancellation of an order prior to shipment by the
Contractor.
A.9 FINANCIAL MATTERS
A.9.1 Invoices and Expedited Payment Discounts
Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3 Invoicing
and Payment Requirements.
Payment terms for the State of Texas are typically 30 days. Please indicate the expedited payment
discount extended to each monthly invoice on Attachment B —Respondent Contact Information Form.
These discounts are in addition to discounts offered in Attachment E—Mandatory Price Sheet.
A.9.2 Purchase Orders
Only purchase orders issued through the approved CPA purchasing system, TxSmartBuy,
are eligible for Contract pricing. Respondents are encouraged to review the "Information for Vendors"
along with all other information available on the TxSmartBuy web page at:
http://www.window.state.tx.us/txsmartbgL/
Purchase orders dated during the term of the Contract must be honored even if received after the
Contract expiration date. Contractors may not specify a "final order" receipt date. Pricing is established
by the date the purchase order is placed unless otherwise stated in the Contract. An official CPA issued
Purchase Order Change Notice (POCN) is required to make any changes to a TxSmartBuy generated
purchase order.
A.9.3 Online Ordering
The CPA has implemented the TxSmartBuy online ordering system to permit Customers to order from
the Contract. Orders will be submitted to the Contractor by e-mail. Only one e-mail address can be
used for the orders and this information is to be provided on Attachment B, Respondent Contact
Information Form.
RFP No.680-A1 May 2014
Page Al2
You can find more information about TxSmartBuy at the following link:
http://www.window.state.tx.us/txsmartbU/
Online ordering will also require the ability to identify and track the commodities purchased.
Currently, the CPA uses the National Institute of Governmental Purchasing, Inc. (NIGP) Commodity
Codes. Respondent shall be able to identify and include NIGP Codes with the commodities it offers to
the CPA.
Lastly, the Respondent shall include or be able to provide an electronic version of its products in a
format specified by CPA that can be uploaded to the online ordering system.
A.10 PROPOSAL INFORMATION
A.10.1 Calendar of Events
To be considered timely, a Proposal must be received by CPA no later than the Proposal/Response Due
Date and Time. Each Respondent assumes sole and exclusive responsibility for verifying receipt by
CPA of all documentation delivered.
The CPA reserves the right to revise this schedule or any portion of this RFP by published Addendum.
Event Date
ESBD Posting Date July 31, 2014
Pre-Proposal Conference (attendance August 6, 2014 at 9:00am
is OPTIONAL)
Deadline for Submitting Questions August 8, 2014
Official Response to Questions August 12, 2014
Posted to ESBD
Draft HSP Due to CPA for Review August 8, 2014
PROPOSAL DUE DATE/TIME August 22, 2014 at 2:00 pm (CT) in Austin, TX
Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the responsibility
of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a
Proposal. The Respondent's failure to periodically check the ESBD will in no way release the selected
Contractor(s) from the requirements of "addenda or additional information" nor will any resulting
additional costs to meet the requirements be allowed after award(s).
A.10.2 Point of Contact
Respondents shall direct all inquiries and communications concerning this RFP to the Point of Contact
listed below.
Note: This e-mail address is NOT to be used for submission of a Proposal. Follow the
instructions outlined in Sections A.14 and A.15 for proper submission.
CPA Purchaser/Category Manager:
Charlene Rendon, CTPM, CTCM
charlene.rendon@cpa.state.tx.us
512-463-3653 -
RFP No.680-A1 May 2014
Page A13
Respondents shall make no contact with other CPA personnel regarding this RFP, except as permitted
by the CPA Purchaser as listed above. Failure to comply with these requirements may result in
disqualification of the Respondent's Proposal.
After award of this RFP's subsequent Contract, all requests for Contract changes and all
communications relating to the Contract will be processed through the TPASS Contract Management
Office (TCMO).
TPASS Contract Management Office:
tpass cmo@ppa.state.tx.us
512-475-0606
A.10.3 Pre-Proposal Conference
The Pre-Proposal Conference is scheduled for the date and time listed above in the Calendar of Events
section. The location of the conference is:
Central Services Building
Conference Room 200A (second floor)
1711 San Jacinto Blvd.
Austin, TX 78701
The pre-proposal conference allows Respondents the opportunity to ask CPA questions and/or clarify
provisions of this RFP. Oral answers will not be binding on CPA. Respondents must submit questions
in writing by the deadline specified in this RFP to receive formal, binding answers to their questions.
Questions may only be sent to the CPA Purchaser Point of Contact identified in Section A.11.2. All
questions must cite the specific RFP Section to which the question refers. The CPA will post answers
on the ESBD. Respondents should notify the point of contact regarding attendance no later than
August 5, 2014.
Questions
All questions regarding this RFP should be sent to the CPA Purchaser Point of Contact identified in
Section A.11.2. Questions must reference the appropriate RFP page and section number, and must be
submitted by the deadline set forth in Section A.11.1. CPA will not respond to questions received after
the deadline. CPA's responses to questions will be posted to the ESBD. CPA reserves the right to
amend answers prior to the proposal submission deadline.
Respondents must notify CPA of any ambiguity, conflict, discrepancy, exclusionary specification,
omission or other error in the RFP in the manner and by the deadline for submitting questions. If a
Respondent fails to notify CPA of such issues, the Respondent will submit its Proposal at its own risk,
and if awarded a contract: (1) shall have waived any claim of error or ambiguity in the RFP or
resulting contract, (2) shall not contest CPA's interpretation of such provision(s), and (3) shall not be
entitled to additional compensation, relief, or time by reason of the ambiguity, error, or its later
correction.
A.10.4 Documents and Attachments Included with this Part A of the RFP package.
The RFP package also includes the following Documents and Attachments, which are posted
separately on the ESBD.
RFP No.680-A1 May 2014
Page A14
Documents and Attachments—Posted Separately on the ESBD
1. Part A: Special Instructions (This Document)
2. Part B: General Instructions and Contract Terms and Conditions
3. Attachments:
Execution of Proposal and Assurances (with Certification)—Attachment A
Respondent Information Form—Attachment B
Preferences—Attachment C
HUB Subcontracting Plan (HSP)
4. Mandatory Price Sheet (to be returned in format requested)—Attachment D
A.11 HUB SUBCONTRACTING PLAN —REFERENCE PART B; SECTION B.2.5
The final HUB Subcontracting Plan Form must be returned with the Proposal by the Proposal due date
and time to be considered responsive. If the Proposal does not include a HUB Subcontracting Plan,
it shall be rejected as a material failure to comply with the requirements of this RFP and Non-
Responsive.
Respondents should submit for preliminary review a draft HUB Subcontracting Plan to the Point of
Contact's email listed below by August 8, 2014. Time and resources permitting, this draft plan will be
reviewed and suggestions will be provided, if needed, to assist in the completion of the HSP. Failure to
receive a response or suggestions in response to submission of a draft HUB Subcontracting Plan will
not relieve or excuse a Respondent from the mandatory HUB Subcontracting Plan requirements or the
deadline for submission.
For assistance with the HSP,please contact:
Charlene Rendon, CTPM, CTCM
512-463-3653
E-mail: charlene.rendon(a,cpa.state.tx.us
Probable subcontracting opportunities:
Class/Item Description
680—52 Guns,Pistol,Rifles and Shotguns(incl.Accessories)
680—58 Guns Locks,All Types
680—78 Recoil Pads
961 - 82 Transportation Services(Not Otherwise Classified)
Transportation of Goods and Other Freight Services
IMPORTANT INFORMATION REGARDING FREIGHT SERVICES:
• Third Party Shipping: Respondent shipping or delivering goods from their
facility within the state of Texas using a third party, complete Method B
962—86 (Attachment B),Good Faith Effort.
•Method B requires HUBs to be provided seven(7)business days to respond.
• The Good Faith Effort must be concluded and submitted with the Proposal by
or prior to the due date/time of this REP.
Reference the detailed instructions within the HUB Subcontracting Plan.
966—28 Engraved and Embossed
This list should not be considered a mandatory or an exhaustive list. Other areas of subcontracting may
be more appropriate given the Respondent's business structure and internal resources. Please see the
attached HUB Subcontracting Plan for further instructions which require respondents to identify the
specific areas intended for subcontracting.
RFP No.680-A1 May 2014
Page A15
Respondent shipping or delivering goods from their facility within the state of Texas using a third
party, must complete Method B (Attachment B), Good Faith Effort of the HSP.
A.12 EVALUATION OF PROPOSALS
CPA shall award a Contract(s) to the Respondent(s) whose Proposal is considered to be the best value
to the state, as defined in §2155.074, Gov't Code. CPA reserves the right to award Contract(s) without
any negotiations and reserves the right to not make awards.
The Respondent is strongly encouraged to provide its best price in its Proposal because the CPA
makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative
pricing at any point during the RFP process. The CPA may limit the number of Proposals in the
competitive range to consist of the greatest number of Proposals that will permit an efficient
competition among the respondents based in accordance with the proposed pricing and the required
criteria specified in the RFP. CPA may seek additional information and solicit Best and Final Offers
(`BAFO") only from those Respondents determined to be in the competitive range.
A.12.1 Evaluation
In determining the best value, CPA may consider the following factors:
(1) Price of the item, to include total cost of ownership, such as installation costs, life cycle costs,
and warranty provisions.
(2) Compliance with the stated specification(s), coupled with the quality and reliability of the
goods, such as fitness for use that meets or exceeds Customers expectations, and the
characteristics of the product that bear on its ability to meet the stated/implied needs.
(3) Delivery timeframe after receipt of purchase order(ARO).
(4) Indicators of probable performance under the Contract to include: past vendor performance,
financial resources and ability to perform, experience or demonstrated capability and
responsibility, references, and the Respondent's ability to provide reliable maintenance
agreements and support.
(5) Other relevant factors, such as the Respondent's anticipated economic impact to the state or a
subdivision of the state, including potential tax revenue and employment, the effect of a
purchase on customer productivity, and the cost of any employee training associated with the
purchase.
CPA reserves the right to conduct studies and other investigations as necessary to evaluate any
Proposal. CPA reserves the right to waive any minor or immaterial response requirements noted in the
submission process (including draft HSP for review). Submission of Proposals confers no legal rights
upon any Respondent. The CPA will determine whether negotiations or BAFO are necessary and may
invite selected Respondents to provide oral presentations of their Proposals.
Past Performance: A Respondent's past performance will be measured based upon pass/fail criteria, in
compliance with applicable provisions of§§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125,
Gov't Code. Among other things, respondents may fail this selection criterion for any of the following
conditions:
• A score of less than 90% in the Vendor Performance System,
• Currently under a Corrective Action Plan through the CPA,
• Having repeated negative Vendor Performance Reports for the same reason,
RFP No.680-A1 May 2014
Page A16
• Having a record of repeated non-responsiveness to Vendor Performance issues
• Having purchase orders that have been cancelled in the previous 12 months for non-
performance (i.e. late delivery, etc.).
Contractor performance information is located on the CPA web site at:
http://www.window.state.tx.us/t)rocurement/t)rog/vendor performance/
CPA may conduct reference checks with other entities regarding past performance. In addition to
evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas
Administrative Code §20.108), CPA 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. Such sources of vendor performance may include any
governmental entity, whether an agency or political subdivision of the State of Texas, another state, or
the Federal government. Further, CPA may initiate such examinations of vendor performance based
upon media reports. Any such investigations shall be at the sole discretion of CPA, and any negative
findings, as determined by CPA, may result in non-award to the Respondent.
Pursuant to Government Code §2155.086 and §2155.087, the Chief Clerk of the CPA, in a public
meeting, may consider award recommendations, as presented in writing by CPA staff, for Contracts
related to this solicitation.
Respondent(s) should be aware that sealed Proposals and information regarding sealed Proposals
cannot and will not be disclosed to the public prior to award of Contract(s).
A.13 AWARD PROCESS
A.13.1 Award
Comptroller shall award a Contract(s) to the Respondent(s) whose Proposal is considered to be the best
value to the state, as defined in §2155.074, Gov't Code.
The CPA may make its award to Respondent(s) based on any combination, including, but not limited
to individual line item, commodity classes, all or none or a combination thereof that provides best
value to the State.
A.13.2 Multiple Awards
The CPA anticipates multiple term contracts may be awarded from this solicitation. The Respondent(s)
providing the best value to the State for each NIGP group description may be chosen as the State's
primary or "best value Contractor" for that group. Additional Respondents may be awarded contracts
at the sole discretion of CPA in order to provide product variety.
A.13.3 Adding New Commodities to the Contract after Award
Following the Contract award, additional commodities of the same general category that could have
been encompassed in the award of this contract, and that are not already on the Contract, may be
added. A formal written request may be sent to successful Contractor (s) to provide a Proposal on the
RFP No.680-A1 May 2014
Page A17
additional commodities and shall submit Proposals to the CPA as instructed. All prices are subject to
negotiation with a BAFO. CPA may accept or reject any or all Proposals, and may issue a separate
RFP for the products after rejecting some or all of the Proposals. The commodities covered under this
provision shall conform to the specifications and requirements as outlined in the request.
A.14 ORGANIZATION OF THE PROPOSAL FOR SUBMISSION
The Proposal shall include all information required in this RFP and shall be in the format described
herein. The Respondent is solely responsible for thoroughly understanding the RFP and its
attachments, exhibits, and forms. Any questions concerning this RFP should be directed to the Point of
Contact by the Deadline for Submitting Questions identified in Part A. The Respondent is cautioned to
pay particular attention to the clarity and completeness of its Proposal. The Respondent is solely
responsible for its Proposal and all documentation submitted.
The Respondent shall be as precise, accurate, and succinct as possible. The Respondent shall provide
detailed descriptions of how they will fulfill each requirement. The clarity and completeness of a
Proposal may be considered by the CPA evaluators.
A.14.1 Confidential/Proprietary Information
If any material in the Proposal is considered by Respondent to be confidential or proprietary
information, Respondent must clearly mark the applicable pages of their submission to indicate
their claim of confidentiality. Additionally, Respondent must include a statement on
company letterhead identifying all Proposal section(s) and page(s) which have been
marked as confidential. Merely making a blanket claim that the entire Proposal is protected
from disclosure because it contains some proprietary information is not acceptable and shall
make the entire Proposal subject to release under the Texas Public Information Act. See
Section B.2.7, Part B: General Instructions and Contract Terms and Conditions.
By submitting a Proposal, each Respondent agrees to reproduction by the State of Texas, CPA,
and Customers, without cost or liability, of any copyrighted portions of Respondent's Proposal
or other information submitted by Respondent to comply with any Legislative Budget Board
reporting requirements or other reporting requirements mandated by law.
A.14.2 Execution of Proposal—Attachment A
Respondent's signature is required to acknowledge that they can meet all requirements as stated
and failure to sign and submit this form with its Proposal may disqualify the Proposal.
A.14.3 Respondent Contact Information Form—Attachment B
All information on this form must be provided as requested.
A.14.4 Preferences—Attachment C
Respondents are encouraged to carefully review this attachment and complete as applicable.
Preferences will be given as required by law.
A.14.5 HUB Subcontracting Plan -Reference Section A.11
The HUB Subcontracting Plan (HSP) documentation must be completed, signed and returned
with the Proposal to be considered responsive. Proposals received without the HSP, shall be
rejected as a material failure to comply with the requirements of this RFP.
RFP No.680-A1 May 2014
Page A18
A.14.6 Mandatory Price Sheet (Excel®)Attachment D
The Respondent shall complete the Mandatory Pricing Sheet and return with Proposal in the
format requested.
A.14.7 Assumptions and Exceptions
The Respondent shall clearly state any assumptions it made in its Proposal. The Respondent
shall also clearly identify any exceptions it takes to specific provisions of this RFP, noting the
specific RFP section number, section title, detailed description of exception taken, and
Respondent's proposed language advanced in lieu of the language to which exception is taken.
If there are no exceptions, the Respondent shall explicitly state that the Respondent takes no
exception to any part of this RFP. Any exception may result in the Contract not being awarded
to the Respondent.
NOTE: The CPA, as a state agency, is prevented by the Texas Constitution from indemnifying
Contractors. The Respondent is discouraged from including a term in its Proposal that requires the
CPA to indemnify it. Such a term may result in the Proposal being deemed non-responsive.
On company letterhead or in Excel, the Respondent shall identify exceptions using the following
format:
Section Section Title Exception Proposed Language
A.14.8 The Conflict of Interest Disclosure
By signing the Execution of Proposal, the Respondent affirms that the execution of an agreement
between Respondent and the State will not create a conflict of interest or cause an appearance of a
conflict of interest. In its Proposal, Respondent must disclose any existing or potential conflicts of
interest or possible issues that might create appearances of impropriety relative to Respondent's
(and its proposed subcontractors') submission of a Proposal and possible selection as Contractor or
its performance of the Contract. A description of some conflicts of interest may be found in Part B,
General Instructions and Contract Terms and Conditions, Section B.1.3, but this list should not be
considered exhaustive or limiting.
If the circumstances certified by Respondent change or additional information is obtained
subsequent to submission of Proposals, by submitting a response Respondent agrees that it is under
a continuing duty to supplement its response under this provision, and Respondent shall submit
updated information as soon as reasonably possible upon learning of any change to their
affirmation.
A.14.9 Manufacturer's Price List
Reference Section A.4—Pricing Structure
The required price lists should be included with the response.
A.14.10 Statement of Meeting Mandatory Requirements
Respondents must indicate their acceptance of and detail their plans, methods, and means of
complying with Section A.6 in this RFP. Failure to provide sufficient evidence of the Respondent's
ability to meet the requirements may result in the Proposal receiving no further consideration.
RFP No.680-A1 May 2014
Page A19
A.14.11 Descriptive Literature for Products Offered
Reference Section A.6—Requirements and Specifications
If proposing other than the referenced brands/model number, Respondent must show manufacturer,
brand or trade name,product number on Mandatory Price Sheet and provide complete descriptive
information of product offered and include with response. Failure to take exception to
specifications or reference data will require Respondent to furnish specified brand names, numbers,
etc.
A.14.12 Financial Responsibility/Stability
The Respondent must provide a short statement on company letterhead summarizing their
company's financial responsibility and stability for performance of the requirements for which a
Proposal is submitted. In addition, the Respondent must disclose the source of any outside financial
resources that will be utilized by the Respondent to enable it to perform any Contract awarded
pursuant to the RFP. If requested by CPA, Respondent must provide copies of documents to show
the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the
requirements of this RFP. The documents may include but are not limited to the Respondent's most
recent audited financial statement. CPA reserves the right to require any additional information
necessary to determine the financial integrity and responsibility of a Respondent and to reject a
response on the grounds of the Respondent's financial soundness.
A.15 SUBMITTING THE PROPOSAL TO THE CPA
The Proposal shall be titled: Proposal Submitted for RFP 680-Al Police Equipment, Accessories and
Ammunition.
THE PRICE SHEET MUST BE SUBMITTED ELECTRONICALLY IN THE ORIGINAL
FORMAT.
Please read all instructions carefully for submitting electronically:
Use the following e-mail address to submit your response electronically:
S SCM.ebids6kya.state.tx.us
It is recommended to begin the process well in advance of 2:00 pm on the due date.
The e-mail subject line should be titled "Proposal Submitted for RFP 680-Al Police Equipment,
Accessories and Ammunition". The Respondent is solely responsible for ensuring that their complete
electronic bid is sent to, and actually received by, CPA in a timely manner and at the proper
destination server.
IMPORTANT NOTE: CPA recommends a limit on the attachments to TOMB each. This may
result in sending multiple a-mails to SSCM.ebids@cpa.state.tx.us for the submission of all
documentation contained in a Proposal.
ALL DOCUMENTS SHOULD BE SUBMITTED IN MICROSOFT OFFICE FORMATS
(WORD AND EXCEL) OR IN A FORM THAT MAY BE READ BY MICROSOFT OFFICE
SOFTWARE. ANY DOCUMENTS WITH SIGNATURES SHALL BE SUBMITTED AS AN
ADOBE PORTABLE DOCUMENT FORMAT (PDF) FILE. CPA IS NOT RESPONSIBLE
FOR DOCUMENTS THAT CANNOT BE READ OR CONVERTED. UNREADABLE
PROPOSALS MAY BE, IN CPA'S DISCRETION, REJECTED AS NONRESPONSIVE.
RFP No.680-A1 May 2014
Page A20
Note: Please be aware that your Internet Service Provider may limit file sizes on your outgoing
emails, so try to avoid graphics, pictures, letterheads, etc., which consume a lot of space. These
typically include *.tif/*.tiff, *.gif, & *.bmp file extensions, but may include others, as well. CPA's
firewall virus protection runs at all times, so during times of new active virus alerts, incoming traffic
may be delayed while virus software scans emails with attachments.
CPA takes no responsibility for electronic bids that are captured, blocked, filtered,
quarantined or otherwise prevented from reaching the proper destination server by any CPA
anti-virus or other security software.
To confirm receipt of all electronic submissions, contact Charlene Rendon at 512-463-3653 or
request a confirmation by e-mail.
RFP No.680-A1 May 2014
Page A21
PART B: GENERAL INSTRUCTIONS AND CONTRACT
TERMS AND CONDITIONS
B.1 Introduction....................................................................................................................................3
B.1.1 Authority to Contract.............................................................................................................. 3
B.1.2 Definitions..............................................................................................................................3
B.1.3 Conflicts of Interest................................................................................................................4
B.1.3.1 Actual and Perceived Conflicts.......................................................................................4
B.1.3.2 Current and Former CPA Employees .............................................................................4
B.1.4 Construction of this RFP and the Contract.............................................................................4
B.1.4.1 Global Drafting Conventions..........................................................................................4
B.1.4.2 Headings..........................................................................................................................4
B.2 The RFP Process............................................................................................................................ 5
B.2.1 Submitting Questions about the RFP .....................................................................................5
B.2.2 Addenda to the RFP ........................................................................ ...5
....................................
B.2.3 Testing and Inspection............................................................................................................5
B.2.4 Accuracy of the Proposal .......................................................................................................6
B.2.5 HUB Subcontracting Plan Requirements...............................................................................6
B.2.6 Cost of Submitting the Proposal.............................................................................................6
B.2.7 Public Information Act Disclosures.......................................................................................6
B.2.8 Irrevocability of the Proposal.................................................................................................7
B.3 Contract Information .....................................................................................................................7
B.3.1 Amending the Contract ..........................................................................................................7
B.3.2 Order of Precedence.......................................................... ..............7
.......................................
B.3.3 Terminating the Contract........................................................................................................ 8
B.3.3.1 Convenience of the State of Texas..................................................................................8
B.3.3.2 Cause/Default..................................................................................................................8
B.3.3.3 Change in Federal or State Requirements.......................................................................8
B.3.3.4 TCPPD Purchasing Preference .......................................................................................8
B.3.3.5 Rights upon Termination or Expiration of Contract.......................................................8
B.3.3.6 Survival of Terms............................................................................................................9
B.3.4 Contract Documentation.........................................................................................................9
B.4 Contract Management....................................................................................................................9
B.4.1 Contract Managers .................................................................................................................9
B.4.1.1 The CPA Contract Manager............................................................................................9
B.4.1.2 The Respondent's Contract Manager..............................................................................9
B.4.2 Controlled Correspondence....................................................................................................9
B.4.3 Notices and Liaisons ............................................................................................................ 10
B.4.3.1 Delivery of Written Notices...................................................................................... 10
B.4.3.2 Notice to the Respondent.............................................................................................. 10
B.4.3.3 Notice to the CPA......................................................................................................... 10
B.4.4 Subcontracting Approval...................................................................................................... 1 [
B.4.5 No Implied Authority........................................................................................................... 1 1
B.4.6 Cooperation with the CPA ..........................................................
B.4.7 Dispute Resolution............................................................................................................... 11
B.4.8 Fraud,Waste, and Abuse...................................................................................................... 12
B.4.9 Renegotiation of Price.......................................................................................................... 13
B.4.10 Name Changes and Sales.................................................................................................. 13
RFP No.680-A1 May 2014
Pagc B I
B.4.11 News Releases.................................................................................................................. 13
B.5 Financial Information.................................................................................................................. 13
B.5.1 Appropriations...................................................................................................................... 13
B.5.2 Audit Requirements.............................................................................................................. 14
B.5.3 Invoicing and Payment Requirements.................................................................................. 14
B.5.4 Disputed Invoices................................................................................................................. 15
B.5.5 Time and Manner of Payment.............................................................................................. 15
B.5.6 Antitrust and Assignment of Claims.................................................................................... 15
B.5.7 Debts and Delinquencies...................................................................................................... 16
B.5.8 Liability for and Payment of Taxes...................................................................................... 16
B.5.9 Method of Purchase and Vesting Ownership....................................................................... 16
B.5.10 No Debt Against the State ................................................................................................ 16
B.5.11 Refunds............................................................................................................................. 16
B.5.12 Travel................................................................................................................................ 17
B.5.13 Direct Deposit................................................................................................................... 17
B.6 Confidentiality and Security........................................................................................................ 17
B.7 Terms and Conditions.................................................................................................................. 17
B.7.1 Affirmations ......................................................................................................................... 17
B.7.2 Civil Rights........................................................................................................................... 18
B.7.3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.. 18
B.7.4 Records Retention................................................................................................................ 18
B.7.5 Environmental Protection..................................................................................................... 18
B.7.6 Prohibition on Lobbying ..................................................................................................... 19
B.7.7 Copyrights and Publications................................................................................................. 19
B.7.8 Certifications........................................................................................................................ 19
B.7.8.1 Child Support Obligations ............................................................................................ 19
B.7.8.2 Texas Corporate Franchise Tax Certification............................................................... 19
B.7.8.3 Certification Concerning Dealings with Public Servants ............................................. 19
B.7.8.4 Certification Concerning Financial Participation .........................................................20
B.7.8.5 Certification Concerning Hurricane Relief...................................................................20
B.7.9 Independent Contractor........................................................................................................20
B.7.10 No Assignment by Contractor..........................................................................................20
B.7.11 Indemnification and Liability...........................................................................................20
B.7.12 Respondent Liability for Damage to Government Property.............................................22
B.7.13 Force Majeure...................................................................................................................22
B.7.14 Buy Texas.........................................................................................................................23
B.7.15 Miscellaneous Terms and Conditions...............................................................................23
B.7.15.1 Permits ..........................................................................................................................23
B.7.15.2 Electrical Items .............................................................................................................23
B.7.15.3 Executive Head.............................................................................................................23
B.7.15.4 Terminated Contracts....................................................................................................23
B.7.16 Non-Waiver of Rights.......................................................................................................23
B.7.17 No Waiver.........................................................................................................................24
B.7.18 Severability.......................................................................................................................24
B.7.19 Applicable Law and Venue ..............................................................................................24
B.7.20 Compliance with Laws; Dealing with Public Servants ....................................................24
B.7.21 Insurance and Other Security............................................................................................25
B.7.22 Deceptive Trade Practices; Unfair Business Practices.....................................................25
B.7.23 Immigration......................................................................................................................25
RFP No.680-A1 May 2014
Page B2
B.7.24 Change Management....................................... .............................................................25
B.7.25 Federal, State, and Local Requirements...........................................................................25
B.7.26 No Liability Upon Termination........................................................................................26
B.7.27 Felony Criminal Convictions............................................................................................26
B.7.28 Drug Free Workplace ................. ..................................................................................26
B.7.29 Vendor Performance.........................................................................................................26
B.7.30 Electronic and Information Resources Accessibility Standards, As Required by 1 TAC
Chapter 213 (Applicable to State Agency and Institutions of Higher Education Purchases Only) ...26
B.1 INTRODUCTION
B.1.1 Authority to Contract
Pursuant to the authority and responsibility provided in §§2155.061, 2156.061, and 2156.121,
Government Code, the Comptroller's office is authorized to procure statewide contracts using the
sealed proposal method.
Pursuant to §§ 2155.202 — 2155.204, Government Code, statewide contracts procured by the
Comptroller's office may additionally be used by community mental health and mental retardation
centers, the Texas Legislature and related legislative agencies, and local government entities pursuant
to Subchapter D, Chapter 271, Local Government Code. Local government is defined by §271.081 of
the Local Government Code to include a county, municipality, special district, school district, junior
college district, a local workforce development board created under Section 2308.253, Government
Code, or other legally constituted political subdivision of the state.
B.1.2 Definitions
When capitalized, the following terms and acronyms have the meaning set forth below. All other terms
have the meaning set forth in Merriam-Webster's Collegiate®Dictionary, Eleventh Edition.
TERM DEFINITION
Contract Any contract(s) resulting from this solicitation, consisting of the contract
documentation as provided in Section B.3.4.Note: There is no guarantee that any
contract will result from this solicitation.
Contractor / The Respondent(s) awarded a Contract as a result of the RFP.
Contractors
CPA The Comptroller of Public Accounts, the state agency issuing this solicitation.
Customer / Those state and local entities, including but not limited to the CPA, that are
Customers required and permitted by law to purchase goods and services under contracts
established by the CPA. This term includes the employees of these entities.
ESBD� The Electronic State Business Daily, which is available online at
http://esbd.cpa.state.tx.us/.
Gov't Code The Texas Government Code.
Party/Parties Either the CPA and Respondent separately or collectively.
Proposal The response submitted by a vendor to the CPA as a result of this solicitation.
Respondent / Any person or vendor who submits a Proposal in response to this solicitation.
Respondents Unless the context clearly indicates otherwise, all terms and conditions of this
Contract that refer to "Respondent" apply with equal force to Contractor.
RFP No.680-A1 May 2014
Page B3
RFP Request for Proposal, which is the type of solicitation embodied in this document.
TAC The Texas Administrative Code, which is the publication for administrative rules.
B.1.3 Conflicts of Interest
B.1.3.1 Actual and Perceived Conflicts
By submitting a Proposal, the Respondent represents and warrants that neither it nor its employees and
subcontractors have an actual or potential conflict of interest in entering a Contract with the CPA. The
Respondent also represents and warrants that entering a Contract with the CPA will not create the
appearance of impropriety. In its Proposal, the Respondent shall disclose any existing or potential
conflict of interest that it might have in contracting with the CPA. The requirement to disclose any
actual or potential conflict of interest shall continue during the term of the contract, and shall survive
until the end of the recordkeeping requirement in B.7.4. The CPA will decide, in its sole discretion,
whether an actual or perceived conflict should result in Proposal disqualification or Contract
termination.
B.1.3.2 Current and Former CPA Employees
In addition to the disclosures required above, the Respondent shall also disclose any of its personnel
who are current or former officers or employees of the CPA or who are related, within the third degree
by consanguinity (as defined by §573.023, Gov't Code) or within the second degree by affinity (as
defined by §573.025, Gov't Code), to any current or former officers or employees of the CPA.
Respondents must comply with all applicable Texas and federal laws and regulations relating to the
hiring of former state employees (see e.g., Texas Government Code Chapters 572 and 573). Such
"revolving door" provisions generally restrict former agency heads from communicating with or
appearing before the agency on certain matters for two years after leaving the agency. The revolving
door provisions also restrict some former employees from representing clients on matters that the
employee participated in during state service or matters that were in the employees' official
responsibility. Respondent, by signing this solicitation, certifies that it has complied with all applicable
laws and regulations regarding former state employees.
Respondent must identify each employee who works for more than one staffing company at any
facility and ensure that the employee's cumulative weekly hours worked at all state facilities
through any one staffing company does not exceed 40 hours per week.
B.1.4 Construction of this RFP and the Contract
B.1.4.1 Global Drafting Conventions
The terms "include," "includes," and "including" are terms of inclusion and, where used in this
Contract, are deemed to be followed by the words "without limitation."
Unless explicitly stated otherwise, any references to "Sections," "Articles," "Exhibits," or
"Attachments" are deemed to be references to the Sections, Articles, Exhibits, and Attachments
to this RFP and the Contract.
B.1.4.2 Headings
The Article and Section headings in this RFP and the Contract are for reference and
convenience only and may not be considered in the interpretation of this RFP or the Contract.
RFP No.680-A1 May 2014
Page B4
B.2 THE RFP PROCESS
B.2.1 Submitting Questions about the RFP
The Respondent will have until the Deadline for Submitting Questions, identified in Part A, to submit
in writing all questions regarding this RFP. Questions may only be sent to the Point of Contact. All
questions shall, to the highest degree possible, cite the specific RFP section to which the question
refers. The CPA will, at its discretion, answer the questions in a Question and Answer Document
posted on the ESBD.
Only answers provided in writing by the CPA shall be considered official. Information in any form
other than the materials constituting this RFP, the Question and Answer Document, and any RFP
addendum shall not be binding on the CPA.
All questions submitted to the CPA must include the identity of the sender, the sender's title, company
name, mailing address,telephone number, and facsimile number or e-mail address, as applicable.
NOTE: Minor questions for which the answer will not affect the interpretation of the RFP or change
the contents of a Proposal (for example, a question regarding delivery of the sealed Proposal) may be
answered orally or by e-mail by the CPA.
B.2.2 Addenda to the RFP
Should an addition or correction to this RFP become necessary, an addendum relating the necessary
information will be posted on the ESBD. The Respondent is responsible for periodically checking the
ESBD for addenda or additional information relating to this RFP. The Respondent is required to
acknowledge each addendum by returning a signed copy of the addendum with its Proposal.
B.2.3 Testing and Inspection
The CPA and Customers may test and inspect goods and services purchased under the Contract to
ensure compliance with the specifications of this RFP and the Contract. The CPA may also test and
inspect goods and services before they are purchased under the Contract.
Authorized CPA personnel shall have access to the Respondent's place of business for the purpose of
inspecting the goods. To the extent practical, the CPA inspections will not disrupt the Respondent's
daily operations. Tests shall be performed on samples submitted with the Proposal or on samples taken
from regular shipments. All costs of testing and inspection shall be borne by the Respondent. In the
event the goods tested fail to meet or exceed all conditions and requirements of the RFP and Contract,
the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or
held for disposition at the Respondent's expense. Latent defects may result in cancellation of the
Contract at no expense to the state.
If material fails to meet specifications, the Respondent will be notified by fax / mail or e-mail. The
Respondent will have ten (10) working days after receipt of the notification to remove the rejected
material from state property. Material will be removed at the Respondent's expense. Material not
removed in the allotted time period will be disposed by the Customer. The Respondent will be charged
for all disposable expenses conducted by the Customers.
RFP No.680-A1 May 2014
Page B5
B.2.4 Accuracy of the Proposal
The Respondent's Proposal shall be true and correct and shall contain no cause for claim of omission
or error. Proposals may be withdrawn in writing at any time prior to the submittal deadline.
B.2.5 HUB Subcontracting Plan Requirements
It is the policy of the CPA to promote and encourage contracting and subcontracting opportunities for
State of Texas certified Historically Underutilized Businesses (HUBs) in all contracts in compliance
with Chapter 2161, Gov't Code. Eligible Respondents are encouraged to become HUB certified. State
of Texas HUB applications may be found at:
http://www.window.state.tx.us/procurement/i)rog/hub/hub-fonns/
Definitions for State of Texas HUB certifiable businesses can be found in 34 TAC Chapter 20,
Subchapter B, which is available at:
htti)://info.sos.state.tx.us/pls/pub/readtac$ext.VieiWFAC?tac view=5&ti=34&pt=1&ch=20&sch=B&rl
=Y
A HUB Subcontracting Plan Form must be filled out and returned with the Proposal to be considered
responsive. If the Proposal does not include a HUB Subcontracting Plan, it shall be rejected as a
material failure to comply with advertised specifications.
Any probable subcontracting opportunities are identified in Part A. This list should not be considered a
mandatory or an exhaustive list. Other areas of subcontracting may be more appropriate given the
Respondent's business structure and internal resources. Please see the attached HUB Subcontracting
Plan for further instructions which require vendors to identify the specific areas intended for
subcontracting.
Search the State of Texas HUB Database for HUB vendors by the NIGP class and item at:
http://www2.cpa.state.tx.us/en-ibi/hubonly.littiil
Additional minority and women owned business association resources are available for subcontracting
notices at: http•//www window.state.tx.us/procurement/prog/liub/mwb-links-1/
Additional information and training regarding how to complete a HUB Sub-Contracting Plan can be
found on the CPA Website at the following link:
http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracti ng-plan/
B.2.6 Cost of Submitting the Proposal
The CPA will not reimburse the Respondent for any cost related to its Proposal. The Respondent is
responsible for any expense related to the preparation and submission of its Proposal.
B.2.7 Public Information Act Disclosures
The CPA is a governmental body subject to the Texas Public Information Act (PIA), Chapter 552,
Gov't Code, as are other potential Customers of the Contract. The Proposal and other information
submitted to the CPA by the Respondent are subject to release as public information by the CPA and
RFP No,680-A1 May 2014
Page B6
by any Customer that is also subject to the PIA. The Proposal and other submitted information shall be
presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If
it is necessary for the Respondent to include proprietary or otherwise confidential information in its
Proposal or other submitted information, the Respondent must clearly label that proprietary or
confidential information and identify the legal basis for confidentiality. Merely making a blanket claim
that the entire Proposal is protected from disclosure because it contains some proprietary information is
not acceptable, and shall make the entire Proposal subject to release under the PIA. In order to trigger
the process of seeking an Attorney General opinion on the release of proprietary or confidential
information, the specific provisions of the Proposal that are considered by the Respondent to be
proprietary or confidential must be clearly labeled as described above. Any information which is not
clearly identified by the Respondent as proprietary or confidential shall be deemed to be subject to
disclosure pursuant to the PIA and the Respondent shall thereby be irrevocably deemed to have
waived, and Respondent agrees to fully indemnify the State of Texas, CPA, and any Customer subject
to the PIA from, any claim of infringement by CPA and any Customer subject to the PIA regarding the
intellectual property rights of Respondent or any third party for any materials appearing in the
Proposal.
Contractor is required to make any information created or exchanged with a state governmental entity
(as defined by §2252.907(d), Gov't Code) pursuant to this Contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in at least one of the following formats
that is accessible by the public at no additional charge to the State of Texas, CPA, or Customers:
portable document format (pdf) compatible with the latest version of Adobe Acrobat®; Microsoft
Word®; Microsoft Excel®; or, hard copy(paper).
B.2.8 Irrevocability of the Proposal
The Proposal is irrevocable for one hundred twenty (120) calendar days following the Proposal
Opening Date and Time identified in Part A. This period may be extended at the CPA's request with
the Respondent's written agreement.
B.3 CONTRACT INFORMATION
B.3.1 Amending the Contract
Any alterations, additions, or deletions in the Contract or any terms and conditions of the Contract
shall be by written amendment executed by both Parties and put into effect with a Contract
Amendment issued by the CPA. The Respondent shall not be entitled to payment for any additional
services, work, or products that are not authorized by a properly executed Contract amendment.
B.3.2 Order of Precedence
In the event of any conflict or contradiction between or among these documents, the Notice of Award,
as modified by any Contract Amendments, shall control over the RFP and the Proposal. The RFP, as
modified by any Addenda, shall control over the Proposal.
RFP No.680-A1 May 2014
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B.3.3 Terminating the Contract
B.3.3.1 Convenience of the State of Texas
The CPA reserves the right to terminate the Contract at any time, in whole or in part, without
cost or penalty, by providing 30 calendar days' advance written notice, if the CPA determines
that such termination is in the best interest of the state. In the event of such a termination, the
Respondent shall, unless otherwise mutually agreed upon in writing, cease all work
immediately upon the effective date of termination. Customers shall be liable for payments for
any goods or services ordered from the Respondent before the termination date.
B.3.3.2 Cause/Default
If the Respondent fails to provide the goods or services contracted for according to the
provisions of the Contract, or fails to comply with any of the terms or conditions of the
Contract, the CPA may, upon written notice of default to the Respondent, immediately
terminate all or any part of the Contract. Termination is not an exclusive remedy, but will be in
addition to any other rights and remedies provided in equity,by law or under the Contract.
The CPA may exercise any other right, remedy or privilege which may be available to it under
applicable law of the state and any other applicable law or may proceed by appropriate court
action to enforce the provisions of the Contract, or to recover damages for the breach of any
agreement being derived from the Contract. The exercise of any of the foregoing remedies will
not constitute a termination of the Contract unless the CPA notifies the Respondent in writing
prior to the exercise of such remedy. The Respondent shall remain liable for all covenants and
indemnities under the Contract. The Respondent shall be liable for all costs and expenses,
including court costs, incurred by the CPA with respect to the enforcement of any of the
remedies listed herein.
B.3.3.3 Change in Federal or State Requirements
If federal or state laws or regulations or other federal or state requirements are amended or
judicially interpreted so that either the CPA or the Respondent cannot reasonably fulfill the
Contract and if the Parties can not agree to an amendment that would enable substantial
continuation of the Contract, the Parties shall be discharged from any further obligations under
the Contract.
B.3.3.4 TCPPD Purchasing Preference
Pursuant to Texas Human Resources Code Chapter 122, state agencies shall purchase products
and services meeting the agency's specifications offered by a Community Rehabilitation
Program (CRP) certified by the Texas Council on Purchasing from People with Disabilities
(TCPPD), or its Central Nonprofit Agency, Texas Industries for the Blind and Handicapped
(TIBH). Should any item(s) awarded under any contract pursuant to this RFP become available
from a CRP through TIBH or TCPPD during the term of the contract, the state may cease all
use of the awarded contract immediately upon the availability of such product or service, and
may terminate the contract for some or all of such products or services awarded.
B.3.3.5 Rights upon Termination or Expiration of Contract
In the event that the Contract is terminated for any reason, or upon its expiration, the CPA and
the Customers shall retain ownership of all associated work products and documentation
obtained from the Respondent under the Contract.
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B.3.3.6 Survival of Terms
Termination of the Contract for any reason shall not release the Respondent from any liability
or obligation set forth in the Contract that is expressly stated to survive any such termination or
by its nature would be intended to be applicable following any such termination, including the
provisions regarding confidentiality, indemnification, transition, records, audit, property rights,
dispute resolution, and invoice and fees verification.
B.3.4 Contract Documentation
The Contract will consist of the Notice of Award, Listing of Awarded Items, and any Contract
Amendments thereto issued by the CPA; this RFP, together with any modifications made through
Addenda thereto; and the successful Proposal, together with any clarifications thereto that are
submitted at the request of the CPA.
BA CONTRACT MANAGEMENT
B.4.1 Contract Managers
B.4.1.1 The CPA Contract Manager
The CPA Contract Manager has the authority to:
• sign Controlled Correspondence
• serve as the day-to-day point of contact
• coordinate quality control reviews
• approve invoices
• coordinate meetings with the Respondent
• investigate complaints
• receive requests for substitutions or changes in goods or services awarded under the
Contract
• initiate contract amendments
• accept, deny or negotiate pricing changes
B.4.1.2 The Respondent's Contract Manager
The Respondent shall identify its Contract Manager to the CPA in writing within 10 days of the
issuance of the Purchase Order. Changes to the Respondent's Contract Manager shall hereafter
be documented by the Respondent through Controlled Correspondence. The Respondent's
Contract Manager has the authority to:
• make decisions regarding the deliverables required by the Contract
• sign Controlled Correspondence
• serve as the day-to-day point of contact
• coordinate quality control reviews
• coordinate meetings with the CPA
• investigate complaints
B.4.2 Controlled Correspondence
In order to track and document requests for decisions and/or information pertaining to the Contract,
and the, subsequent response to those requests, the CPA and the Respondent shall use Controlled
Correspondence. The CPA shall manage the Controlled Correspondence for the Contract. For each
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Controlled Correspondence document, the CPA shall assign a tracking number and the document shall
be signed by the appropriate Party's Contract Manager.
Controlled Correspondence shall not be used to change pricing or alter the terms of the Contract.
Controlled Correspondence shall not be the basis of a claim for equitable adjustment of pricing. Any
changes that involve the pricing or the terms of the Contract must be by a properly executed Contract
amendment. However, the Controlled Correspondence process may be used to document refinements
and interpretations of the provisions of the Contract, to document the cost impacts of proposed
changes, and to document CPA-approved changes to the Respondent's HUB subcontracting plan.
Controlled Correspondence documents shall be maintained by both Parties in on-going logs and shall
become part of the normal status reporting process. Any communication not generated in accordance
with such process shall not be binding upon the Parties and shall be of no effect.
B.4.3 Notices and Liaisons
B.4.3.1 Delivery of Written Notices
Any notice required or permitted to be given under the Contract by one Party to the other Party
shall be in writing and shall be addressed to the receiving Party at the address hereinafter
specified. The notice shall be deemed to have been given immediately if delivered in person to
the recipient's address hereinafter specified. It shall be deemed to have been given on the date
of certified receipt, if placed in the United States mail, postage prepaid, by registered or
certified mail with return receipt requested, addressed to the receiving Party at the address
hereinafter specified.
B.4.3.2 Notice to the Respondent
Within 10 days of the issuance of the Notice of Award, the Respondent shall identify in writing
to the CPA the address and contact person for all notices. If there is any change to this
information during the term of the contract, the Respondent shall notify the CPA by Controlled
Correspondence.
B.4.3.3 Notice to the CPA
The CPA's address for all purposes under this Contract:
Director, TPASS Division
Comptroller of Public Accounts
P. O. Box 13186 (physical address: 1711 San Jacinto Blvd)
Austin, Texas 78711-3186 (physical: 78701)
With copies to (registered or certified mail with return receipt is not required for copies):
Deputy General Counsel for TPASS
Comptroller of Public Accounts
P. O. Box 13186 (physical address: 1711 San Jacinto Blvd)
Austin, Texas 78711-3186 (physical: 78701)
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B.4.4 Subcontracting Approval
The Respondent shall perform the Contract with its own resources and those subcontractors identified
in the Respondent's HUB Subcontracting Plan. In the event that the Respondent should determine that
it is necessary or expedient to execute additional or alternative subcontracts for any of the
performances under the Contract, the Respondent shall submit a revised HUB Subcontracting Plan for
prior approval before executing any subcontracts. The Respondent shall also transmit to the CPA for
review and prior CPA approval a true copy of the subcontract it proposes to execute with a
subcontractor.
The Respondent, in subcontracting for any performances specified herein, expressly understands and
acknowledges that in entering into such subcontract(s), the CPA is in no manner liable to any
subcontractor(s) of the Respondent. In no event shall this provision relieve the Respondent of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to
comply with all terms of this RFP and Contract. The Respondent shall manage all quality and
performance, project management, and schedules for subcontractors. The Respondent shall be held
solely responsible and accountable for the completion of all work for which the Respondent has
subcontracted.
B.4.5 No Implied Authority
Any authority delegated to the Respondent by the CPA is limited to the terms of the Contract. The
Respondent shall not rely upon implied authority and specifically is not delegated authority under the
Contract to: (1) make public policy; (2) promulgate, amend, or disregard CPA program policy; or (3)
unilaterally communicate or negotiate, on behalf of the CPA, with any member of the U.S. Congress or
any member of their staff, any member of the Texas Legislature or any member of their staff, or any
federal or state agency.
B.4.6 Cooperation with the CPA
The Respondent must ensure that it cooperates with the CPA and other state or federal administrative
agencies, at no charge to the CPA, for purposes relating to the administration of the Contract. The
Respondent agrees to reasonably cooperate with and work with the CPA's contractors, subcontractors,
and third party representatives as requested by the CPA.
B.4.7 Dispute Resolution
Disputes under this agreement are subject to Chapter 2260, Texas Government Code. Set forth below
are terms and conditions for dispute resolution relating to claims involving Contractor and CPA.
Except as otherwise provided by law or applicable rules, the same terms and conditions in this section
shall apply to claims involving Contractor and any other Customer subject to Chapter 2260, Texas
Government Code, substituting such other Customer for"CPA"when referenced below in this section.
The dispute resolution process provided for in Texas Government Code, Chapter 2260 and applicable
CPA rules shall be used by CPA and Contractor to resolve any dispute arising under the Contract.
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The dispute resolution process provided for in Chapter 2260 shall be used, as further described herein,
to attempt to resolve any claim for breach of contract asserted by the Respondent under the Contract. If
the Respondent's claim for breach of Contract cannot be resolved by the Parties in the ordinary course
of business, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the
process, the Respondent shall submit written notice, as required by Chapter 2260, to the Deputy
Comptroller or his or her designee. The notice shall also be given to the individual identified in the
Contract for receipt of notices. Compliance by the Respondent with Chapter 2260 is a condition
precedent to the filing of a contested case proceeding under Chapter 2260.
The contested case process provided in Chapter 2260 is the Respondent's sole and exclusive process
for seeking a remedy for an alleged breach of Contract by the CPA if the Parties are unable to resolve
their disputes as described above.
Compliance with the contested case process provided in Chapter 2260 is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code.
Neither the execution of the Contract by the CPA nor any other conduct of any representative of the
CPA relating to the Contract shall be considered a waiver of sovereign immunity to suit.
For all other specific breach of contract claims or disputes under the Contract, the CPA and the
Respondent shall first attempt to resolve them through direct discussions in a spirit of mutual
cooperation. If the Parties' attempts to resolve their disagreements through negotiations fail, the
dispute will be mediated by a mutually acceptable third party to be chosen by the CPA and the
Respondent within fifteen (15) days after written notice by one of them demanding mediation under
this Section. The Respondent shall pay all costs of the mediation unless the CPA, in its sole good faith
discretion, approves its payment of all or part of such costs. By mutual agreement, the CPA and the
Respondent may use a non-binding form of dispute resolution other than mediation. The purpose of
this Section is to reasonably ensure that the CPA and the Respondent shall, in good faith, utilize
mediation or another non-binding dispute resolution process before pursuing litigation. The CPA's
participation in, or the results of, any mediation or other non-binding dispute resolution process under
this Section or the provisions of this Section shall not be construed as a waiver by the CPA of(1) any
rights, privileges, defenses, remedies or immunities available to the CPA as an agency of the State of
Texas or otherwise available to the CPA; (2) the CPA's termination rights; or (3) other termination
provisions or expiration dates of the Contract.
Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or
approved in writing by the CPA, the Respondent shall continue performance and shall not be excused
from performance during the period any breach of contract claim or dispute is pending under either of
the above processes; however, the Respondent may suspend performance during the pendency of such
claim or dispute if the Respondent has complied with all provisions of §2251.051, Gov't Code, and
such suspension of performance is expressly applicable and authorized under that law.
B.4.8 Fraud,Waste, and Abuse
By submitting a Proposal to the RFP, the Respondent represents and warrants that it has read and
understood and shall comply with CPA's Anti-Fraud Policy, found at:
http://www.window.state.tx.us/ssv/ethics.html, as such Policy currently reads and as it is amended
throughout the term of the Contract.
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B.4.9 Renegotiation of Price
The CPA shall monitor market prices and prices paid by other states for substantially similar goods and
services during the term of the Contract. If the CPA determines that substantially similar goods and
services are selling for meaningfully lower prices than the prices established in the Contract, the CPA
may initiate price renegotiations with the Respondent and amend the Contract to reflect a new, lower
price, if agreed to by the Parties.
B.4.10 Name Changes and Sales
If the Respondent changes its name or is sold to another entity, it must notify the CPA through
Controlled Correspondence. The Respondent, in its notice, shall describe the circumstances of the
name change or sale, state its new name, provide the new Tax Identification Number, and describe
how the change will impact its ability to perform the Contract. If the change entails personnel changes
for personnel performing the responsibilities of the Contract for the Respondent, the Respondent shall
identify the new personnel and provide resumes to the CPA, if resumes were originally required by the
RFP. The CPA may request other information about the change and its impact on the Contract and the
Respondent shall supply the requested information within five (5) working days of receipt of the
request.
The CPA may terminate the Contract due to a sale of or change to the Respondent that materially alters
the Respondent's ability to perform under the Contract. The CPA has the sole discretion to determine if
termination is appropriate.
B.4.11 News Releases
The CPA does not endorse any vendor, commodity, or service. News releases pertaining to this
transaction and/or advertisements, publications, declarations and any other pronouncements by the
Respondent using any means or media mentioning the State of Texas or the CPA or a Customer must
be approved in writing by the State of Texas, CPA, or the Customer, as applicable, prior to public
dissemination. Respondent may not send out unsolicited electronic mail or facsimile transmissions to
CPA and/or Customer without prior written approval of the CPA Contract Manager, regardless of
whether the proposed communication specifically references the awarded contract.
B.5 FINANCIAL INFORMATION
B.5.1 Appropriations
All obligations of the CPA and Customers are subject to the availability of legislative appropriations
and, for Customers expending federal funds, to the availability of the federal funds applicable to the
Contract. The Respondent acknowledges that the ability of the CPA and the Customers to make
payments under the Contract is contingent upon the continued availability of funds. The Respondent
further acknowledges that funds may not be specifically appropriated for the Contract and the CPA's
or Customers' continual ability to make payments under the Contract is contingent upon the funding
levels appropriated for each particular appropriation period. The CPA and the Customers will use all
reasonable efforts to ensure that such funds are available. The Respondent agrees that if future levels
of funding for the CPA or a Customer are not sufficient to continue operations without any operational
reductions, the CPA, in its discretion, may terminate the Contract, either in whole or in part, or the
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Customer, in its discretion, may terminate a pending order under the Contract, either in whole or in
part. In the event of such termination, the CPA or the Customer will not be considered to be in default
or breach under the Contract, nor shall it be liable for any further payments ordinarily due under the
Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated
with such termination. The CPA and the Customer shall make best efforts to provide reasonable
written advance notice to the Respondent of any such Contract or order termination. In the event of
such a termination, the Respondent shall, unless otherwise mutually agreed upon in writing, cease all
work immediately upon the effective date of termination, either on that particular order if an order is
being terminated, or the Contract, if the Contract is being terminated. The CPA or the Customer shall
be liable for payments limited only to the portion of work the CPA or the Customer authorized in
writing and which the Respondent has completed, delivered to the CPA or Customer, and which has
been accepted by the CPA or Customer. All such work shall have been completed, per the Contract
requirements,prior to the effective date of termination.
B.5.2 Audit Requirements
Pursuant to §2262.003, Gov't Code, the State Auditor's Office, or successor agency, may conduct an
audit or investigation of the Respondent or any other entity or person receiving funds from the state
directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of
funds by the Respondent or any other entity or person directly under the Contract or indirectly through
a subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office, under
the direction of the legislative audit committee, to conduct an audit or investigation in connection with
those funds. Under the direction of the legislative audit committee, the Respondent or other entity that
is the subject of an audit or investigation must provide the State Auditor's Office with access to any
information the State Auditor's Office considers relevant to the investigation or audit. The Contract
may be amended unilaterally by the CPA to comply with any rules and procedures of the State
Auditor's Office in the implementation and enforcement of§2262.003. The Respondent shall ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors
through the Respondent and the requirement to cooperate is included in any subcontract it
awards.
Customers who order under the Contract using federal or grant funds may have additional audit
requirements that are required by law or regulation. Those additional requirements will be included on
the purchase order for that particular order.
B.5.3 Invoicing and Payment Requirements
In order to receive payment under the Contract, the Respondent must submit an original invoice to the
Customer placing the order, which will be designated in the purchase order as the "Bill To" address. To
be a proper invoice that may be accepted and paid, the invoice must include the following information
and/or attachments:
(1) Name and address of the Respondent.
(2) The Respondent's Texas Identification Number (TIN).
(3) The Respondent's invoice remittance address.
(4) The purchase order number authorizing the delivery of products or services.
(5) A description of what the Respondent delivered, including, as applicable, the time period, serial
number, unit price, quantity, and total price of the products and services. If the invoice is for a
lease,the Respondent must also include the payment number(e.g., 1 of 36).
RFP No.680-A1 May 2014
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If an authorized dealer has fulfilled the purchase order,then the dealer's information should be supplied
in lieu of the Respondent's information.
If an invoice does not meet this Section's requirements, the state will send the Respondent written
notice with the improper invoice within 21 calendar days after receipt of the invoice. The notice will
contain a description of the defect or impropriety and any additional information the Respondent needs
to correct the invoice.
NOTE. For purposes of this Section and Sections B.5.4 and B.5.5, the CPA shall only be receiving and
paying invoices when the CPA has placed an order with the Respondent for CPA needs. Otherwise, the
orders will be for the Customers, as defined in Section B.1.2.
13.5.4 Disputed Invoices
This section applies only to Customers to which the relevant provisions of Texas Government Code
Chapter 2251 applies and only as provided by the relevant provisions of Texas Government Code
Chapter 2251.
As stated above, the Respondent will receive notice of an error in an invoice submitted for payment by
not later than the 21 st day after the date the invoice was received by the state. If an invoice dispute is
resolved in favor of the Respondent, the Respondent is entitled to receive interest on the unpaid
balance of the invoice, beginning on the date the invoice became overdue, pursuant to §2251.021,
Gov't Code. If a dispute is resolved in favor of the CPA or a Customer, the Respondent shall submit a
corrected invoice that must be paid in accordance with §2251.021. The unpaid balance accrues interest
if the corrected invoice is not paid by the appropriate date.
B.5.5 Time and Manner of Payment
This section applies only to Customers to which the relevant provisions of Texas Government Code
Chapter 2251 applies and only as provided by the relevant provisions of Texas Government Code
Chapter 2251.
Pursuant to Texas Government Code Chapter 2251, Payment by the CPA or a state entity Customer is
overdue on the 31 st day after the later of. (1) the date the CPA or Customer receives the goods under
the Contract; (2)the date the performance of the service under the contract is completed; or(3)the date
the CPA or Customer receives the invoice for the goods or service.
Payment by a political subdivision Customer whose governing body meets only once a month or less
frequently is overdue on the 46th day after the later event of. (1) the date the Customer receives the
goods under the Contract; (2) the date the performance of the service under the contract is completed;
or(3)the date the Customer receives the invoice for the goods or service.
B.5.6 Antitrust and Assignment of Claims
Contractor represents and warrants that neither Contractor nor any firm, corporation, partnership, or
institution represented by Contractor, or anyone acting for such firm, corporation or institution has (1)
violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the
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federal antitrust laws; or (2) communicated directly or indirectly the Proposal to any competitor or any
other person engaged in such line of business during the procurement process for this Contract.
The Respondent hereby assigns to the State of Texas all of Respondent's rights, title and interest in and
to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United
States for overcharges associated with the Contract.
B.5.7 Debts and Delinquencies
The Comptroller is prohibited from issuing any payment to a person or entity that has been reported as
having an indebtedness or delinquency to the state. Contractor agrees that, to the extent Contractor
owes any debt or delinquent taxes to the State of Texas, any payments or other amounts Contractor is
otherwise owed under this Contract shall be applied toward the debt or delinquent taxes until the debt
or delinquent taxes are paid in full. Contractor agrees to comply with all applicable laws regarding
satisfaction of debts or delinquencies to the State of Texas.
B.5.8 Liability for and Payment of Taxes
The CPA and certain Customers are exempt from State Sales tax and Federal Excise tax. Customers
will furnish Tax Exemption Certificate(s) to the Respondent upon request. The Respondent shall pay
all taxes resulting from the RFP and Contract including but not limited to any federal, state or local
income, sales, excise or property taxes. The CPA and the Customers shall not be liable to reimburse
the Respondent for the payment of such taxes incurred by the Respondent in acquiring any goods or
services as a part of any work called for in this RFP and the Respondent's invoice shall not include any
amount for such taxes, as long as the Customer has provided the requested Tax Exemption Certificates.
B.5.9 Method of Purchase and Vesting Ownership
All goods or services purchased pursuant to the Contract shall be purchased using an outright purchase.
Upon installation, acceptance, and payment, the Customer shall receive title to any personal property
delivered pursuant to the purchase, except as otherwise agreed to in the Contract.
B.5.10 No Debt Against the State
The Contract shall not be construed as creating any debt by or on behalf of the State of Texas.
B.5.11 Refunds
If the CPA determines that it or a Customer has overpaid the Respondent under the Contract, the
Respondent shall refund that amount to the CPA or Customer, depending on the entity that overpaid.
The CPA or Customer may offset and deduct the amount of the overpayment from any amount owing,
as a reimbursement, but unpaid to the Respondent. The Respondent shall refund any overpayment
within 30 calendar days of receipt of the notice of the overpayment.
If any reimbursement, or a portion of a reimbursement, is disallowed as a result of an audit finding that
the Respondent failed to follow the requirements for the Contract, then the Respondent agrees that the
CPA or Customer may recoup the disallowed amount from funds payable under the Contract, to the
extent the disallowed amount was incurred by the CPA or Customer. If an audit identifies a disallowed
amount after the expiration date of the Contract, the CPA or Customer shall send the Respondent
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notice of the audit results and specifically identify the amount that must be refunded by the
Respondent. The Respondent shall refund the disallowed amount within 30 calendar days of receipt of
the notice.
B.5.12 Travel
Any travel or per diem required by the Respondent to perform its obligations under the Contract will
be at the Respondent's expense. All travel and per diem that the state requests in addition to what the
Contract requires the Respondent to provide at the Respondent's expense will be paid in accordance
with State of Texas Travel Allowance Guide.
B.5.13 Direct Deposit
The Texas Comptroller of Public Accounts encourages Contractors to receive payment by electronic
means as provided by CPA.
B.6 CONFIDENTIALITY AND SECURITY
Any information the Respondent receives, compiles, or creates as a result of the Contract must be
maintained and protected in accordance with any federal, state, or local laws and regulations that
apply. The Respondent shall establish a method to secure the confidentiality of records and other
information relating to Customers in accordance with applicable federal and state laws, rules, and
regulations.
The obligations of the Contractor under this Confidentiality and Security section shall survive this
Contract and shall be included in all subcontracts.
B.7 TERMS AND CONDITIONS
B.7.1 Affirmations
Submitting a Proposal with a false statement is a material breach of contract and shall void the
Proposal or the Contract, and the Respondent shall be removed from all bid lists. By signature thereon
affixed, the Respondent thereby certifies that:
B.7.1.1 The Respondent has not given, offered to give, and does not intend to give at any time hereafter
any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor
or service to a public servant in connection with the submitted response. Violation of this
requirement may result in the termination of the Contract at the discretion of the CPA.
B.7.1.2 The Respondent waives any claim against and releases from liability the CPA, its officers,
employees, agents, and attorneys with respect to disclosure of information provided under or in
this Contract or otherwise created, assembled, maintained, or held by the Respondent and
determined by the Attorney General or a court of law to be subject to disclosure under the
Texas Public Information Act.
B.7.1.3 The Respondent shall promptly notify the CPA in the event that any representations and
Warranties provided in this Contract are no longer true and correct. The Respondent
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acknowledges that all of its representations and warranties contained in any part of its Proposal
and this Contract are material and have been relied upon by the CPA in selecting the
Respondent for the award of the Contract. Further, the Respondent warrants and represents that
all of its statements and representations made to the CPA prior to being awarded the Contract,
and those made during the negotiation of this Contract, are material, true and correct.
B.7.2 Civil Rights
The Respondent agrees that no person shall, on the ground of race, color, religion, sex, national origin,
age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied
the benefits of, be subjected to discrimination under, or be denied employment in the administration of,
or in connection with, any program or activity funded in whole or in part with funds available under
this Contract. The Respondent shall comply with Executive Order 11246, "Equal Employment
Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246 relating to
Equal Employment Opportunity," and as supplemented by regulations at 41 C.F.R. Part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity Department of Labor."
13.7.3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
CPA is federally mandated to adhere to the directions provided in the President's Executive Order (EO)
13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With
Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any
subsequent changes made to it via cross-referencing respondents/vendors with the Federal General
Services Administration's System for Award Management (SAM), littps://www.sam. ogovv, which is
inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list.
Respondent certifies that the responding entity and its principals are eligible to participate in this
transaction and have not been subjected to suspension, debarment, or similar ineligibility determined
by any federal, state or local governmental entity and the Respondent is in compliance with the State of
Texas statutes and rules relating to procurement and that Respondent is not listed on the federal
government's terrorism watch list as described in Executive Order 13224. Entities ineligible for
federal procurement are listed at https://www.sam.gov.
B.7.4 Records Retention
The Respondent shall retain all financial records, supporting documents, statistical records, and any
other records or books relating to the performances called for in the Contract. The Respondent shall
retain all such records for a period of four (4) years after the expiration of the Contract, or until the
CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever
period is longer. The Respondent shall grant access to all books, records and documents pertinent to
the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has
authority to review records due to federal funds being spent under the Contract.
13.7.5 Environmental Protection
The Respondent shall be in compliance with all applicable standards, orders, or regulations issued
pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water
Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
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B.7.6 Prohibition on Lobbying
The Respondent shall comply with the provisions of a federal law known generally as the Lobbying
Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Proposal, the Respondent certifies that it shall
not and has not used federally appropriated funds to pay any person or organization for influencing or
attempting to influence any officer or employee of any federal agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
federal contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the
Respondent shall disclose any lobbying with non-federal funds that takes place in connection with
obtaining any federal award by completing and submitting Standard Form LLL.
B.7.7 Copyrights and Publications
The Respondent understands and agrees that, where activities supported by the Contract produce
original books, manuals, films, or other original material (hereinafter referred to as "the works"), the
Respondent may copyright the works subject to the reservation by the CPA and affected Customers of
a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for state and/or political subdivision purposes:
• the copyright in the works developed under the Contract, and
• any rights of copyright to which the Respondent purchases ownership with funding from
the Contract.
The Respondent may publish, at its expense, the results of Contract performance with prior CPA
review and approval of that publication. Any publication (written, visual, or sound) shall include
acknowledgment of the support received from the CPA and Customers. One (1) copy of any such
publication must be provided to the CPA. The CPA reserves the right to require additional copies
before or after the initial review. All copies shall be provided free of charge to the CPA.
B.7.8 Certifications
B.7.8.1 Child Support Obligations
Under §231.006, Texas Family Code, (relating to child support) the Respondent, by submitting
its Proposal, certifies that it is not ineligible to receive a payments under the Contract and
acknowledges that the Contract may be terminated and payment may be withheld if this
certification is inaccurate.
B.7.8.2 Texas Corporate Franchise Tax Certification
The Respondent, by submitting its Proposal, certifies that its Corporate Texas Franchise Tax
payments are current, or that it is exempt from or not subject to such tax.
B.7.8.3 Certification Concerning Dealings with Public Servants
The Respondent, by submitting its Proposal, certifies that it has not given and does not intend
to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with this transaction.
RFP No.680-A1 May 2014
Page B 19
B.7.8.4 Certification Concerninp, Financial Participation
Under Section 2155.004, Government Code, the vendor [Respondent] certifies that the
individual or business entity named in this bid or contract is not ineligible to receive the
specified contract and acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate. Section 2155.004 prohibits a person or entity from
receiving a state contract if that person or entity received compensation for participating in
preparing the solicitation or specifications for the Contract.
B.7.8.5 Certification Concerning Hurricane Relief
A state agency may not accept a bid or award a contract, including a contract for which
purchasing authority is delegated to a state agency, that includes proposed financial
participation by a person who, during the five year period preceding the date of the bid or
award, has been: (1) convicted of violating a federal law in connection with a contract awarded
by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane
Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative
enforcement action in connection with a contract awarded by the federal government for relief,
recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459,
Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.
Under Section 2261.053, Government Code, the Contractor [Respondent] certifies that the
individual or business entity named in this bid or contract is not ineligible to receive the
specified contract and acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate.
Under Section 2155.006, Government Code, the vendor [Respondent] certifies that the
individual or business entity named in this bid or contract is not ineligible to receive the
specified contract and acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate.
B.7.9 Independent Contractor
The Contract shall not render the Respondent an employee, officer, or agent of the CPA for any
purpose. The Respondent is and shall remain an independent contractor in relationship to the CPA. The
CPA shall not be responsible for withholding taxes from payments made under the Contract. The
Respondent shall have no claim against the CPA for vacation pay, sick leave, retirement benefits,
social security, worker's compensation, health or disability benefits, unemployment insurance benefits,
or employee benefits of any kind.
B.7.10 No Assignment by Contractor
The Respondent shall not assign its rights under the Contract or delegate the performance of its duties
under the Contract without prior written approval from the CPA.
B.7.11 Indemnification and Liability
Acts or Omissions
RFP No.680-AI May 2014
Page B20
Contractor shall indemnify and hold harmless the State of Texas, CPA, and Customers,
AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,
ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY
FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Contractor
or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the
execution or performance of the Contract and any Purchase Orders issued under the Contract.
THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF
THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE
OFFICE OF THE ATTORNEY GENERAL. CONTRACTOR AND THE CUSTOMER AGREE
TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
Infringements
a) Contractor shall indemnify and hold harmless the State of Texas, CPA, and Customers,
AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement
of United States patents, copyrights, trade and service marks, and any other intellectual or
intangible property rights in connection with the PERFORMANCES OR ACTIONS OF
CONTRACTOR PURSUANT TO THIS CONTRACT. CONTRACTOR AND THE
CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF
ANY SUCH CLAIM. CONTRACTOR SHALL BE LIABLE TO PAY ALL COSTS OF
DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED
BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.
b) Contractor shall have no liability under this section if the alleged infringement is caused in
whole or in part by: (i) use of the product or service for a purpose or in a manner for which the
product or service was not designed, (ii) any modification made to the product without
Contractor's written approval, (iii) any modifications made to the product by the Contractor
pursuant to Customer's specific instructions, (iv) any intellectual property right owned by or
licensed to Customer, or (v) any use of the product or service by Customer that is not in
conformity with the terms of any applicable license agreement. c) If Contractor becomes aware
of an actual or potential claim, or Customer provides Contractor with notice of an actual or
potential claim, Contractor may (or in the case of an injunction against Customer, shall), at
Contractor's sole option and expense; (i) procure for the Customer the right to continue to use
the affected portion of the product or service, or (ii) modify or replace the affected portion of the
product or service with functionally equivalent or superior product or service so that Customer's
use is non-infringing.
Taxes/Workers' Compensation/Unemployment Insurance—Including Indemnity
1) CONTRACTOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE
OF THIS CONTRACT, CONTRACTOR SHALL BE ENTIRELY RESPONSIBLE FOR THE
RFP No.680-A1 May 2014
Page B21
LIABILITY AND PAYMENT OF CONTRACTOR'S AND CONTRACTOR'S EMPLOYEES'
TAXES OF WHATEVER HIND, ARISING OUT OF THE PERFORMANCES IN THIS
CONTRACT. CONTRACTOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL
LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING
WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE STATE OF
TEXAS, CPA, AND/OR THE CUSTOMER SHALL NOT BE LIABLE TO THE
CONTRACTOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF
TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS'
COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR
EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
2) CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE STATE OF
TEXAS, CPA, CUSTOMERS, AND/OR THEIR EMPLOYEES, AGENTS,
REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY,
UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS
PERFORMANCE UNDER THIS CONTRACT. CONTRACTOR SHALL BE LIABLE TO PAY
ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL
WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.
CONTRACTOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
B.7.12 Respondent Liability for Damage to Government Property
The Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the CPA Contract Manager in writing of any such damage
within one (1) calendar day.
B.7.13 Force Majeure
The CPA, any Customer, and the Respondent shall not be responsible for delays in performance under
the Contract should it be prevented from performance by an act of war, order of legal authority, act of
God, or other unavoidable cause not attributable to the fault or negligence of the CPA, Customer or the
Respondent.
In the event of an occurrence under this Section, the CPA, Customer or Respondent (parties) will be
excused from any further performance or observance of the requirements so affected for as long as
such circumstances prevail and the party continues to use commercially reasonable efforts to
recommence performance or observance whenever and to whatever extent possible without delay. The
party shall immediately notify the other party by telephone (to be confirmed in writing within five (5)
calendar days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
RFP No.680-A1 May 2014
Page B22
B.7.14 Buy Texas
In accordance with §2155.4441, Gov't Code, the Respondent shall, in performing any services under
the Contract, purchase products and materials produced in Texas when they are available at a
comparable price and in a comparable period of time to products and materials produced outside
Texas.
B.7.15 Miscellaneous Terms and Conditions
B.7.15.1 Permits
The Respondent shall be responsible, at the Respondent's expense, for obtaining any and all
permits or licenses required by city, county, state, or federal rules, regulations, law, or codes
that pertain to the Contract.
B.7.15.2 Electrical Items
All electrical items provided by the Respondent to the CPA or a Customer under the Contract
must meet all applicable OSHA standards and regulations, and bear the appropriate listing from
UL, FMRC, or NEMA.
B.7.15.3 Executive Head
Pursuant to §669.003, Gov't Code, the CPA may not enter into a contract with a person who
employs a current or former Executive Head of a state agency until four years have passed
since that person was the executive head of the state agency. Bidder certifies that they are in
compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003 of the
Government Code, relating to contracting with executive head of a state agency. By submitting
a Proposal, the Respondent certifies that it does not employ any person who was the Executive
Head of a state agency in the past four years.
B.7.15.4 Terminated Contracts
By submitting a Proposal, the Respondent certifies that it has not had a contract terminated or
been denied the renewal of any contract for non-compliance with policies or regulations of any
state or federally funded program within the past five (5) years nor is it currently prohibited
from contracting with a governmental agency. If the Respondent does have such a terminated
contract, the Respondent shall identify each and provide an explanation for the termination.
B.7.16 Non-Waiver of Rights
Failure of a Party to require performance by another Party under the Contract will not affect the right
of such Party to require performance in the future. No delay, failure, or waiver of either Party's
exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair,
preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of
any term of the Contract will not be construed as a waiver of any continuing or succeeding breach.
The terms and conditions set forth in this section apply with equal force as to Contractor and
Customers.
RFP No.680-A1 May 2014
Page B23
B.7.17 No Waiver
The Parties expressly agree that no provision of the Contract is in any way intended to constitute a
waiver by the CPA or the State of Texas or any Customer of any immunities from suit or from liability
that the CPA or the State of Texas or any Customer may have by operation of law.
Nothing in this Contract shall be construed as a waiver of the sovereign immunity of the State of
Texas, CPA, or Customers. This Contract shall not constitute or be construed as a waiver of any of the
privileges, rights, defenses, remedies, or immunities available to the State of Texas, CPA, or
Customers. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses,
remedies, or immunities available to the State of Texas, CPA, or Customers under this Contract or
under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or
immunities or be considered as a basis for estoppel. CPA does not waive any privileges, rights,
defenses, or immunities available to CPA by entering into this Contract or by its conduct prior to or
subsequent to entering into this Contract.
B.7.18 Severability
In the event that any provision of this Contract is determined to be invalid, void, or unenforceable,then
the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force
and effect, and shall in no way be affected, impaired, or invalidated.
B.7.19 Applicable Law and Venue
The Respondent agrees that the Contract in all respects shall be governed by and construed in
accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws.
The Respondent also agrees that the exclusive venue and jurisdiction of any legal action or suit
concerning the CPA under this Contract is, and that any such legal action or suit shall be brought, in a
court of competent jurisdiction in Travis County, Texas.
B.7.20 Compliance with Laws; Dealing with Public Servants
The Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal
Code, which prohibits the offering or conferring of benefits to public servants; (iii) §2155.003, Gov't
Code, which prohibits the chief clerk or any other employee of the CPA from having an interest in, or
in any manner be connected with, a contract or bid for a purchase of goods or services by an agency of
the state or accept from any person to whom a contract has been awarded anything of value or a
promise, obligation, or contract for future reward or compensation.
The Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract. Except where otherwise expressly required by applicable
laws and regulations, CPA shall not be responsible for monitoring Respondent's compliance with any
laws or regulations. If Respondent performs any work knowing or having reason to know that it is
contrary to laws or regulations, Respondent shall bear all claims, costs, losses and damages caused by,
arising out of or resulting therefrom.
RFP No.680-A1 May 2014
Page B24
B.7.21 Insurance and Other Security
The Respondent represents and warrants that it will obtain and maintain for the term of the Contract all
insurance coverage required to ensure proper fulfillment of the Contract and its liabilities thereunder.
The Respondent shall insure any of its motor vehicles used to fulfill its duties under the Contract and
ensure that its subcontractors do the same. Such insurance shall comply with Texas statutory
requirements and also cover any cargo being delivered to Customers.
The Respondent represents and warrants that all of the above coverage will be obtained from
companies that are licensed in the state of Texas, have an "A" rating from Best, and are authorized to
provide the coverage. The Respondent shall furnish proof of insurance upon request of a Customer or
the CPA.
B.7.22 Deceptive Trade Practices; Unfair Business Practices
The Respondent represents and warrants that it has not been the subject of allegations of Deceptive
Trade Practices violations under Texas Business and Commerce Code, Chapter 17, or allegations of
any unfair business practice in any administrative hearing or court suit and that the Respondent has not
been found to be liable for such practices in such proceedings. The Respondent certifies that it has no
officers who have served as officers of other entities who have been the subject of allegations of
Deceptive Trade Practices violations or allegations of any unfair business practices in an
administrative hearing or court suit and that such officers have not been found to be liable for such
practices in such proceedings.
B.7.23 Immigration
The Contractor represents and warrants that it shall comply with the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of
verification forms for any individuals hired on or after November 6, 1986, who will perform any labor
or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 ("IIRIRA) enacted on September 30, 1996.
B.7.24 Change Management
The Respondent agrees that the key personnel assigned to the Contract shall remain available for the
entirety of the project throughout the term of the Contract as long as that individual is employed by the
Respondent or unless the CPA agrees to a change in the key personnel.
B.7.25 Federal, State, and Local Requirements
Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section
1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to
common law employees. Respondent is responsible for both federal and State unemployment
insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall
comply will all federal and State tax laws and withholding requirements. The State of Texas shall not
be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage,
or federal or State withholding requirements. Contractor shall indemnify the State of Texas and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
RFP No.680-A1 May 2014
Page B25
B.7.26 No Liability Upon Termination
If this Contract is terminated for any reason, neither the State of Texas, nor CPA, nor Customer shall
be liable to Respondent for any damages, claims, losses, or any other amounts arising from or related
to any such termination. However, Respondent may be entitled to the remedies provided in
Government Code, Chapter 2260.
B.7.27 Felony Criminal Convictions
Respondent represents and warrants that Respondent has not and Respondent's employees have not
been convicted of a felony criminal offense, or that, if such a conviction has occurred, Respondent has
fully advised CPA as to the facts and circumstances surrounding the conviction. If awarded the
contract, Respondent has a continuing duty to amend, supplement or correct this representation and
warranty not later than ten (10) days after discovering additional information relating to felony
criminal convictions of Respondent or any of its employees. Respondent shall not allow any employee
convicted of a felony criminal offense to perform tasks related to the contract without such disclosure
and express permission from CPA.
B.7.28 Drug Free Workplace
The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988
(Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work
environment; and the final rule, government-wide requirements for drug-free work place (grants),
issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280,
Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by
reference and the contractor shall comply with the relevant provisions thereof, including any
amendments to the final rule that may hereafter be issued.
B.7.29 Vendor Performance
In accordance with Texas Government Code, 2155.074 and 2155.75, vendor performance may be used
as a disqualification factor in the award.
B.7.30 Electronic and Information Resources Accessibility Standards, As Required by 1 TAC
Chapter 213 (Applicable to State Agency and Institutions of Higher Education Purchases
Only)
(1) Effective September 1, 2006 state agencies and institutions of higher education shall procure
products which comply with the State of Texas Accessibility requirements for Electronic and
Information Resources specified in 1 TAC Chapter 213 when such products are available in the
commercial marketplace or when such products are developed in response to a procurement
solicitation.
(2) Respondent shall provide DIR with the URL to its Voluntary Product Accessibility Template
(VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the
federal standards established under Section 508 of the Rehabilitation Act), or indicate that the
product/service accessibility information is available from the General Services Administration "Buy
Accessible Wizard" (hyp.•IIti+iyiy.buyaccessible.gov). Respondents not listed with the "Buy Accessible
Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same
RFP No.680-A1 May 2014
Page B26
accessibility criteria in substantively the game format. Additional information regarding the 'Buy
Accessible Wizard" or obtaining a copy of the VPAT is located at hIW://www.sectian508.go
RFP No.680-A1 May 2014
Page B27
GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
EXTENSION OF CONTRACT
Contract No.: 680-A1 Police Equipment, Accessories and Ammunition
Extension Term: March 1, 2020,through Feb. 28,2021
Dear Contractor:
Contractor and the Texas Comptroller of Public Accounts hereby extend the above-referenced
Contract by mutual agreement for the period stated above.
Except as expressly stated herein,all other terms of the Contract remain unchanged,are in full force
and effect, and are ratified and affirmed by the parties. By their execution and delivery of this
Extension of Contract, neither party waives nor releases any right to which it is entitled under the
Contract.
TO SHOW THEIR AGREEMENT, the parties have caused this Extension of Contract to be
executed by their undersigned, duly authorized representatives on the date(s) below.
Texas Comptroller of Public Accounts GT Distributors,Inc.
BY: �- BY: !f v
�� (signature)
NAME: Lisa Craven NAl�o : DAVID CURTIS
TITLE:. Ihhputy Comptroll r TITLE: BIDS MANAGER
DATE: DATE: 01/31/2020
ComptrolIer.Texaskov
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GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
P.O.Box 13528 • Austin,TX 78711-3528
January 14, 2015
NOTICE OF AWARD
Clint Welch
GT Distributors
2545 Brockton Dr. Ste 100
Austin, TX 78758
Re: RFP No. 680-A1
Description: Police Equipment,Accessories and Ammunition
Term of Contract: February 1, 2015 through August 31, 2017
Dear Contractor:
Your company submitted a proposal to the Comptroller of Public Accounts (Comptroller)
in response to the above-referenced Request for Proposal (RFP). This letter is to inform
you that the Comptroller accepts the proposal and establishes this contract to document
the agreement.As provided for in the RFP,the Comptroller has made multiple awards. The
commodities and/or services must be provided as specified in the RFP. All terms and
conditions set forth in the RFP are made part of this contract.
The contract consists of:
(1) this Notice of Award;
(2) the original RFP, as modified by addenda;
(3) the Proposal submitted by your company.
The order of precedence for these documents is established in Section B.3.2 of the RFP.
Any payment due under this contract will be applied towards any debt, including but not
limited to delinquent taxes and child support,which is owed to the state of Texas.
If you have any questions, please call Charlene Rendon at 512-463-3653 or by e-mail at
charlene.rendon@cpa.texas.gov
Respectfully,
Charlene L. Danel-Rendon, MPA, CTPM, CTCM
Strategic Sourcing Division
Texas Comptroller of Public Accounts
Comptroller.Texas.Gov • 512-463-4000 Toll Free 1-800-531-5441 • Fax 512-305-9711
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Quote QTE0120303
Date 9/2/2020
Pane. 1
GT Distributors -Austin
P.O. Box 16080
triputors, Austin TX 78761
015 (512) 451-8298 Ext. 0000
Bill To: Ship To:
Ft Worth Police Department(TX) Ft Worth Police Department
Attn: PD Finance Dept. 511 W. Felix St.
505 West Felix Street Ref PO:
Fort Worth TX 76115 Attn: Carmen Lynch
Fort Worth TX 76115
Purchase Order No.TCustomer ID Sales erson ID IShipping Method Payment Terms ea Ship Date Master No.
TCI 9220 1000497 1 DJ IFACTORY DIRECT NET 15 0/0/0000 21116,422
Quantity Item Number Description UOM Unit Price Ext. Price
50 TCI-TECS TP120-LSW' TECS TP-120 CONN LFT TACT-LITE SET EA $294.50 $14,725.00
MSRP-$351.00
Discount 10%
Pricing per TX State Contract
680-A1 catalog.
50 TCI-LIB4 A APX/LBKU• LIBERATOR®IV ADVANCED SINGLE COMMI Each $1,156.17 $57,808.50
MSRP-$1,385.00
Discount 10%
Pricing per TX State Contract
680-A1 catalog.
All returns must be authorized by GT Distributors. Interest charges on past Subtotal $72 533.50
due invoices at the maximum rate allowed by law. Misc $0.00
Thank you for your business,Todd Prellop. Tax $0.00
Frei ht $195.00
Total $72,728.50
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
1J Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4j Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes F-1 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015