San Antonioriver Authority

San AntonioRiver Authority

100 E. Guenther

San Antonio, Texas

Procurement

Invitation for Bids for

Litter Removal

January 2017

1

INDEX

I. Introduction Section

II. Contract Terms and Conditions

A. GENERAL CONDITIONS

B. PREPARATION OF BIDS

C. DESCRIPTION OF PROCURED ITEMS

D. SUBMISSION OF BIDS

E. REJECTION OF BIDS

F. LATE BIDS OR MODIFICATIONS

G. CLARIFICATION TO BID SPECIFICATIONS

H. DISCOUNTS

I. AWARD OF CONTRACT

J. ASSURANCE OF COMPLIANCE – SMALL, WOMEN, HUBZONE, DISADVANTAGED, BUSINESSES

Attachment 1 - SMALL, WOMEN, HUBZONE, DISADVANTAGED BUSINESSES

Attachment 2 -SMALL, WOMEN, HUBZONE, DISADVANTAGED BUSINESSES

K. INDEPENDENT CONTRACTOR

L. BID RESULT REQUEST

M. PATENTS/COPYRIGHTS

N. INDEMNITY

O. INSURANCE

P. ACCEPTANCE BY SAN ANTONIO RIVER AUTHORITY

Q. WARRANTY

R. CHANGE ORDERS

S. ASSIGNMENT

III. General Requirements and Specifications

A. GENERAL REQUIREMENTS

B. SPECIFICATIONS

IV – Conflict of Interest Questionnaire (CIQ)

V – Official Bid Form

1

I. Introduction Section

The San Antonio River Authority (RIVER AUTHORITY)is requesting sealed proposal invitation for bidsfor Litter Removal servicessubject to the “Terms and Conditions” and “Specifications and Requirements” set out in the invitation for bids. Bids will be received at the office of the RIVER AUTHORITY located at 100 East Guenther Street, San Antonio, Texas 78204, on December5, 2016at 2:00 PM at which time all bids will be publicly opened by the Purchasing Agent of the RIVER AUTHORITY, or his duly authorized representative. Bids received after 2:00 PM on December 5, 2016 will not be accepted.

It is the policy of the RIVER AUTHORITY to involve qualified small, minority and women-owned businesses (SMWBEs), local business enterprises and HUD’s (Historically Underutilized Business) to the greatest extent possible in the RIVER AUTHORITY’s contracts.

II. Contract Terms and Conditions

A. GENERAL CONDITIONS

BIDDERS are required to submit their bids upon the following expressed conditions:

(1)BIDDERS shall thoroughly examine the drawings, specifications, schedule(s), instructions and all other contractual documents.

(2)BIDDERS shall make all investigations necessary to thoroughly inform themselves regarding all requirements for delivery of services, materials and/or equipment as required by the bid conditions. No plea of ignorance by the BIDDER of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the BIDDER to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the RIVER AUTHORITY or the compensation to the vendor.

(3)No officer or employee of the RIVER AUTHORITY shall have a financial interest, direct or indirect, in any contract with the RIVER AUTHORITY, or shall benefit financially, directly or indirectly, in the sale to the RIVER AUTHORITY of any materials, supplies or services, except on behalf of the RIVER AUTHORITY as an officer or employee.

B. PREPARATION OF BIDS

Bids will be prepared in accordance with the following:

(1)All information required by the bid form shall be furnished or the bid may be deemed non-responsive. The BIDDER shall print or type name and manually sign the schedule.

(2)Where there is an error in extension of price, the unit price shall govern.

(3)Alternate bids may be allowed at the sole discretion of the RIVER AUTHORITY.

(4)Proposed delivery time must be shown and shall include weekends and holidays, unless specified otherwise in Invitation for Bids.

(5)BIDDERS will neither include federal taxes nor State of Texas limited sales excise and use taxes in bid prices since the RIVER AUTHORITY is exempt from payment of such taxes. An exemption certificate will be signed by the RIVER AUTHORITY where applicable upon request by BIDDER.

C. DESCRIPTION OF PROCURED ITEMS

Any catalog or manufacturer’s reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Each bid must clearly identify the proposed product, the quantity of the product, model, and type, as applicable. Prorate adjustments to packaging and pricing may be allowed at the sole discretion of the RIVER AUTHORITY.

D. SUBMISSION OF BIDS

(1)Bids shall be enclosed in a sealed envelope addressed to “Randi Schultz, Purchasing Agent, San Antonio River Authority”. The name and address of BIDDER, the date and hour of the bid opening and the phrase “Procurement of Litter Removal Services” shall be placed on the outside of the envelope.

(2)Bids may be mailed or hand delivered, but in any event, must be in the hands of the Purchasing Agent on or before the hour and date specified in the public notice.

(3)Bids must be submitted on the “Official Bid Form” attached. Facsimile bids will not be accepted. Bids, however, may be modified provided such modifications are sealed and received by the RIVER AUTHORITY prior to the time and date set for the bid opening. However, the RIVER AUTHORITY shall not be responsible for lost or misdirected bids or modifications.

(4) The official time is designated to be as indicated on the console at the reception area of the RIVER AUTHORITY main office, located at 100 East Guenther Street, San Antonio, Texas, 78204.

(5)SAMPLES: Samples may be requested for evaluation and must be provided within ten calendar days at no expense to the RIVER AUTHORITY. Failure to provide samples will eliminate BIDDERS from bid consideration. Samples will be returned ONLY upon request; otherwise samples will become property of the RIVER AUTHORITY, ten days after award of the contract.

(6)By submittal of this bid, BIDDER certifies to the best of his/her knowledge that all information is true and correct.

E. REJECTION OF BIDS

(1)The RIVER AUTHORITY may reject a bid if:

a.The BIDDER misstates or conceals any material fact in the bid; or

b.The bid does not strictly conform to law or the requirements of the bid, or;

c.The bid is conditional, except that the BIDDER may qualify the bid for acceptance by the RIVER AUTHORITY on an “All or None” basis or a “Low Item” basis. An “All or None” basis bid must include all items upon which bids are invited.

(2)TheRIVER AUTHORITY may, however, reject all bids whenever it is deemed in the best interest of the RIVER AUTHORITY to do so, and may reject any part of a bid unless the bid has been qualified. TheRIVER AUTHORITY at itssole discretion may also waive any minor informalities or irregularities in any bid, to include failure to submit sufficient bid copies, failure to submit literature or similar attachments, or business affiliation information.

The River Authority reserves the right to award one, more than one or no contract(s) in response to this bid.

The RIVER AUTHORITY retains the right to select the BIDDER that is in the best interests of the RIVER AUTHORITY and its stakeholders. SARA is not required to select the lowest bid but shall take into consideration other relevant criteria such as BIDDERpast performance.

The RIVER AUTHORITY will review BIDDER’s performance as reported in the Texas Comptroller’s Vendor Performance Tracking System. The RIVER AUTHORITY may also contact other appropriate persons or entities in connection with the RIVER AUTHORITY’sdue diligence process. If BIDDER has performed similar or the same services for the RIVER AUTHORITY in the past ten (10) years, the RIVER AUTHORITY may also rely on its own experience with BIDDER as part of this check.

The RIVER AUTHORITY reserves the right not to contract or select for award any BIDDER who receives a “fail” on their past performance score.

F. LATE BIDS OR MODIFICATIONS

Bids and modifications received after the time set for the bid opening will not be considered.

G. CLARIFICATION TO BID SPECIFICATIONS

(1)If any person contemplating submitting a bid for this contract is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit to the RIVER AUTHORITY on or before seven calendar days prior to scheduled opening, a request for clarification. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the bid, if made, will be made only by addendum duly issued. Vendors are responsible for checking the RIVER AUTHORITY internet website ( prior to the due date to ensure that no amendments have been issued against this invitation to bid.TheRIVER AUTHORITY will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. Any objections to the specifications and requirements as set forth in this bid must be filed in writing with the RIVER AUTHORITY on or before seven calendar days prior to the scheduled opening.

(2)TheRIVER AUTHORITY reserves the right to request clarification to assist in evaluating the vendor’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

H. DISCOUNTS

(1)Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business (minimum ten days).

(2)In connection with any discount offered, time will be computed from the date of receipt of supplies or services, or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check.

I. AWARD OF CONTRACT

(1)The contract will be awarded to the lowest and best responsible BIDDER whose bid is most advantageous/Best Value to the RIVER AUTHORITY, price and other factors considered.

(2)The RIVER AUTHORITY reserves the right to accept any item or group of items on this bid, unless the BIDDERspecifies “all or nothing” on the official bid form.

(3)A written award of acceptance that is mailed or otherwise furnished to the successful BIDDER results in a binding contract without further action by either party.

(4)Upon award of a contract, the vendor is obligated to deliver the goods to the destination specified in the Invitation for Bids or the Purchase Order and bears the risk of loss until delivery. If this Invitation for Bids or Purchase Order does not contain delivery instructions, BIDDERS shall request instructions in writing from the Purchasing Agent.

(5)Although the information furnished to BIDDERS specified the approximate quantities needed, based on the best available information where a contract is let on a unit price basis, payment shall be based on the actual quantities supplied. The RIVER AUTHORITY reserves the right to delete items, prior to the awarding of the contract, and purchase said items by other means; or after the awarding of the contract, to increase or decrease the quantities bid. No changes shall be made without written notification fromthe RIVER AUTHORITY.

(6)Either party may cancel the contract at any time after award. The RIVER AUTHORITY shall be required to give the vendor notice thirty (30) days prior to the date of cancellation of the contract. The vendor shall be required to give the RIVER AUTHORITY written notice sixty (60) days prior to the date of cancellation of the contract.

J. ASSURANCE OF COMPLIANCE – SMALL, WOMEN, HUBZONE, DISADVANTAGED, BUSINESSES

Utilization of Small Business Concerns

1. It is the policy of the River Authority that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the River Authority that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

2. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the River Authority, or other Governmental agencies as may be necessary to determine the extent of the Contractor's compliance with this clause.

3. Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a HUBZone small business concern, a small disadvantaged business concern, or a women-owned small business concern.

4. The North American Industry Classification System (NAICS) Code for this acquisition is 237110.

5. The small business size standard is $28.5 million in gross receipts.

6. The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

7. Definitions.

Small business concern-A business concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in section 4 of this provision.

Women-owned small business concern-A small business concern that (1) is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.

Veteran-owned small business concern-A small business concern with (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans.

Service-disabled veteran-owned small business concern-A small business concern that is (1) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (2) the management and daily business operations of which are controlled by one or more service-disabled veterans or, the spouse or permanent caregiver of a service-disabled veteran with permanent and severe disability.

Service-disabled veteran- a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

HUBZone small business concern-A small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

Commercial item-A product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

Commercial plan-A subcontracting plan (including goals) that covers the bidder’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

Individual contract plan-A subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the bidder’s planned subcontracting in support of the specific contract except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Master plan-A subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

Subcontract-Any agreement (other than one involving an employer-employee relationship) entered into for supplies or services required for performance of the contract or subcontract.

NOTICE:

Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall --

1)Be punished by imposition of fine, imprisonment, or both;

2)Be subject to administrative remedies, including suspension and debarment; and

3)Be ineligible for participation in programs conducted under the authority of the Act.

Attachment 1 - SMALL, WOMEN, HUBZONE, DISADVANTAGED BUSINESSES

Please complete the following information, if your business falls into any of the below categories, using the size regulations as set forth on the Small Business Association’s website, Businesses must be at least 51% minority-owned, woman-owned, veteran owned, or service disabled veteran owned for designation to apply. Historically Underutilized Businesses or Disadvantaged Business Entities must be certified by state or regional agency for these designations to apply.

The River Authority encourages all businesses that fall into the categories listed below to become certified by the South Central Texas Regional Certification Agency. For more information, please contact 210-227-4722 or

• The company and/or its principals (are/are not) presently debarred, suspended, or determined to be ineligible for an award of a contract by any Federal agency.
• The company and/or its principals (comply / do not comply) with non-segregated facilities in accordance with FAR 52.222-21.

Under 15 U.S.C. 645(d), any person who misrepresents its size status shall (1) be punished by a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act.