TEXAS DEPARTMENT OF TRANSPORTATION GENERAL SERVICES DIVISION DISPLACEMENT AND CONTROL OF BIRD INFESTATION PUBLICATION

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1 TEXAS DEPARTMENT OF TRANSPORTATION GENERAL SERVICES DIVISION SPECIFICATION NO. DISPLACEMENT AND CONTROL OF BIRD INFESTATION PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the National Institute of Governmental Purchasing (NIGP). This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity. 1. SCOPE: This solicitation is an Invitation for Bid (IFB) to provide services for the displacement and control of bird infestation at various TxDOT location(s) identified on the solicitation. 2. DEFINITIONS OF TERMS AND ACRONYMS 2.1. CCA Certified commercial applicator as defined by the Texas Administrative Code (TAC), Title 4, Part 1, Chapter 7, Subchapter H, Division 2, Rule as an individual licensed by Texas Department of Agriculture (TDA) as a certified commercial applicator (CCA) in the category(ies) to perform pest control services, identifications and control measures required in this specification under the indirect supervision of the responsible certified commercial applicator (RCCA) CONTROL The displacement of existing bird infestation through non-lethal methods and the prevention of reinfestation. Acceptability levels of bird population at locations identified on the solicitation shall be determined by the designated TxDOT representative MSDS Material Safety Data Sheet RCCA Responsible certified commercial applicator as defined by TAC, Title 4, Part 1, Chapter 7, Subchapter H, Division 2, Rule as a licensed CCA designated by the structural pest control business license holder to be responsible for training and supervision of all pest control operations of the business STRUCTURAL PEST CONTROL BUSINESS LICENSE Defined by TAC, Title 4, Part 1, Chapter 7, Subchapter H, Division 2, Rule as a business license issued by TDA and required for any individual or business engaged in structural pest control services for compensation and is required for each business location, including branch offices TAC Texas Administrative Code TDA - Texas Department of Agriculture. 3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state and local applicable laws, standards and regulations necessary to perform the services, including, but not limited to: 1-9

2 3.1. Occupations Code, Chapter 1951, Structural Pest Control (known as the Texas Structural Pest Control Act) TAC, Title 4, Part 1, Chapter 7, Subchapter H, Structural Pest Control Service United States Environmental Protection Agency s requirements. 4. RESPONDENT QUALIFICATIONS: The respondent shall: 4.1. Have a current structural pest control business license issued by TDA and have been engaged in the business of providing displacement and control of bird infestation for a minimum of three years within the last five years. Recent start-up businesses do not meet the requirements of this solicitation. A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise Have a minimum of two licensed CCAs and one licensed RCCA. The RCCA may perform the services of a CCA Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent s audited or un-audited financial statement. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service. Factors to be reviewed include: Balance sheets Net working capital Current asset ratio Liquidity ratio Auditor(s) notes Any notes to the financial statements. 5. REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for three years within the past five years. References shall illustrate respondent s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References). 2-9

3 6. KEY PERSONNEL QUALIFICATIONS: The respondent shall provide an RCCA and CCAs: 6.1. With current CCA licenses issued by TDA in the pest control category to perform the services, identifications and control measures required in the specification With a minimum of one year of experience within the last two years providing displacement and control of bird infestation services. 7. VENDOR REQUIREMENTS: The vendor shall: 7.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation Provide a primary point of contact Have available qualified staff to provide services at multiple locations Provide a telephone number that is constantly monitored during the hours of 8:00 a.m. to 5:00 p.m. CT to contact for service Maintain current licenses of the RCCA and CCAs and provide copies of current licenses to the designated TxDOT representative upon request, throughout the term of the purchase order Be responsible for displacing and controlling bird infestation through non-lethal methods approved by the designated TxDOT representative. 8. KEY PERSONNEL REQUIREMENTS 8.1. The RCCA shall be responsible for training and supervision of all displacement and control of bird infestation operations of the business. The RCCA may perform services of displacement and control of bird infestations The CCA(s) shall perform displacement and control of bird infestation services, identifications and control measures, required in the specification All respondent personnel shall: Wear a clearly visible identifying name badge with the company logo or a uniform with the personnel s name and company name or logo clearly marked on the uniform Report to the designated TxDOT representative upon arrival at the job site or as instructed by the designated TxDOT representative Present and maintain a neat appearance at all times Communicate in English both verbally and in writing Not use profanity, be excessively loud or use personal multi-media devices (i.e., portable radios, CD players or MP3 players) while at the job site. 3-9

4 9. SERVICE REQUIREMENTS: Provide displacement and control of bird infestation services to control all types of birds including but not limited to grackles, pigeons, sparrows and crows at the locations identified on the solicitation. Areas at each location identified on the solicitation shall include, but not be limited to courtyards, expansion areas, parking areas, trees and other areas as specified by the designated TxDOT representative. The vendor shall: 9.1. INSPECTION Perform an initial inspection of all facilities during the post award meeting (Ref. Para. 20.) Evaluate the displacement and control methods required for each location identified on the solicitation Identify problem areas and any equipment, structural features or management practices that are contributing to bird infestation and sanitation or environmental requirements needed due to bird infestation (Ref. Para ) Identify areas requiring special scheduling for services to be performed and coordinate the scheduling with the designated TxDOT representative prior to submitting the proposed 24 month schedule (Ref. Paras and 20.) DISPLACEMENT AND CONTROL PROCEDURES Use only non-lethal methods, approved by the designated TxDOT representative and perform service without using trapping nets or harmful devices Use only non-toxic chemicals, when chemicals are required. Submit the list of chemicals and MSDS information to the designated TxDOT representative for approval prior to the use of any chemicals BIRD CONTROL MANAGEMENT PROGRAM Submit a written displacement and control of bird infestation management program for each location identified on the solicitation, within ten working days after the initial inspection to the designated TxDOT representative Outline any site-specific structural, sanitary or operational changes to eliminate sources of food, water, and harborage of flocking birds Submit updates to the displacement and control of bird infestation management program to the designated TxDOT representative, as needed, throughout the term of the purchase order (Ref. Para ). 4-9

5 9.4. SCHEDULE OF SERVICES Submit a proposed 24 month schedule with the dates and times services shall be performed within ten working days after the initial inspection has been completed to the designated TxDOT representative. The designated TxDOT representative will review and approve the proposed schedule within three working days from receipt of the proposed schedule (Ref. Para ). NOTE: It is the vendor s responsibility to determine the frequency for services to be performed for the displacement and control of bird infestation for each location identified on the solicitation Submit a copy of the approved 24 month final schedule in a spreadsheet format that outlines the date and time services shall be performed to the designated TxDOT representative within three working days from receipt of approval Perform all scheduled services after 5:00 p.m. Monday through Friday, on the weekend or at a time approved in writing by the designated TxDOT representative, excluding holidays observed by TxDOT Perform services on the dates as identified and approved on the schedule or as approved or requested by the designated TxDOT representative Submit an updated schedule to increase or decrease the frequency of service to the designated TxDOT representative for approval prior to altering service dates and times (Ref. Para ) Submit a new proposed 24 month schedule for the next term of service for written approval by the designated TxDOT representative a minimum of one month, but not earlier than two months, prior to beginning the new schedule Submit a written request to alter a scheduled date or time for service a minimum of three working days prior to the scheduled service date to the designated TxDOT representative for written approval. The designated TxDOT representative will respond in writing within two working days of receipt of the request (Ref. Para ) Coordinate changes in scheduled times requested in writing by the designated TxDOT representative. Changes to scheduled times shall be made by mutual consent of the vendor and the designated TxDOT representative SERVICE TICKET: Provide a service ticket for each service performed to the designated TxDOT representative, including, but not limited to: digit Purchase Order Number Location address where service is provided Building number, if applicable Date of service Name and title of the key personnel performing the work. 5-9

6 TxDOT work order number, if applicable Specific problem areas identified Treatments provided Devices utilized Sanitation or environmental requirements due to bird infestation (Ref. Para ) CALL BACK SERVICE Verbally respond with a scheduled date and time for services to be performed within one hour of receipt of a request from the designated TxDOT representative for call back services due to an unacceptable level of bird populations Complete call back services as approved by the designated TxDOT representative Continue call back services until the infestation is under control as determined by the designated TxDOT representative (Ref. Para. 2.2.). 10. LOCATION(S): Location(s) of facilities are specified on the solicitation. TxDOT reserves the right to add or delete facilities serviced under the purchase order. TxDOT will provide ten working days written notice to the vendor for locations that need to be deleted or for additional locations requiring service within the same area or region. 11. UNSATISFACTORY PERFORMANCE: Unsatisfactory performance may result in a negative vendor performance report and cancellation of the purchase order. TxDOT may consider the following performance by the vendor as unsatisfactory performance. An unsatisfactory performance determination includes, but is not limited to: One instance within one year of key personnel assigned to an authorized service call not having the license required to perform the service (Ref. Paras. 6.1.) Three instances within three weeks where vendor has to be called back to reperform service due to the bird population being above the acceptable limit of the designated TxDOT representative (Ref. Para. 9.6.). 12. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times. 13. SUBCONTRACTING Subcontractors providing service under the purchase order shall meet the same service requirements and provide the same quality of service required of the vendor No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services The vendor shall be the primary contact for TxDOT and subcontractor(s). 6-9

7 13.4. The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted TxDOT retains the right to check subcontractor's background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor TxDOT reserves the right to request the removal of vendor s subcontractor staff deemed unsatisfactory by TxDOT Subcontracting shall be at the vendor s expense During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within 30 calendar days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. It is the respondent s determination to choose to subcontract any of the work under this purchase order with a Texas Certified Historically Underutilized Business (HUB) or other businesses If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation The respondent shall identify all proposed HUB and other subcontractors at the time of response submittal. The required forms with video instructions can be found at the following website: HUB SUBCONTRACTING PLAN (HSP) PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT: After award of the purchase order, the vendor shall report all HUB and non-hub subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TxDOT contract manager monthly. The report shall be submitted monthly even during the months the vendor is not invoicing TxDOT. All payments made to subcontractors shall be reported. TxDOT may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors. 14. TRAVEL All travel shall be included in the unit price Actual travel time from the vendor s location or vendor employee s home to and from the work location is not reimbursable under the purchase order. 15. CONFLICT OF INTEREST: The vendor, vendor s personnel, and vendor s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor s obligations in regards to services authorized. 7-9

8 16. INVOICING INSTRUCTIONS: The vendor shall provide a comprehensive and detailed invoice with reference to the basis for each item charged. Original documentation that validates the charges shall be attached. The original invoice shall be sent to the address shown on the purchase order to ensure timely payment and shall include the following: Date and time of service Location of service Building number, if applicable Type of service performed A copy of the service ticket containing all required information (Ref. Para. 9.5.) An invoice requiring correction shall be re-submitted with a new invoice date. 17. TxDOT RESPONSIBILITIES: TxDOT will: Provide a designated TxDOT representative as the primary point of contact Approve in writing proposed service schedules within three working days from receipt of the proposed schedule (Ref. Para ) Identify and discuss with the vendor any known problem areas or specific bird infestation problems Respond to vendor s written requests to alter service dates within two working days from receipt of the request (Ref ). 18. RESPONSE SUBMISSION: The following shall be submitted with the response. Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration Original, signed, dated, and completed IFB HUB Subcontracting Plan (This requirement is stated on the IFB if applicable) The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration Company Qualifications and Experience (Ref. Para. 4.) Key Personnel Qualifications and References: References shall substantiate the number of years of required experience of the individuals, including any subcontractors that will be part of the respondent s personnel providing the service (Ref. Para. 6.) Respondent References (Ref. Para. 5.) Copies of all current licenses and documentation identifying the RCCA (Ref. Paras and 6.1.). 8-9

9 19. AWARD: TxDOT reserves the right to award a single purchase order to the most responsive, responsible respondent meeting the specification. 20. POST AWARD MEETING: Vendor shall be required to attend a post award meeting in the city identified on the solicitation with the TxDOT division or district responsible for the solicitation within 10 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order, provide additional information regarding the purchase order, for vendor to perform initial inspection services for each location and for review and approval of the proposed schedule (Ref. Paras , and ). 21. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT Contract Administrator and TxDOT Purchasing. TxDOT Purchasing staff will be responsible for administering the contractual business relationship with the vendor Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent Upon issuance of purchase order, TxDOT will designate an individual who will serve as the Contract Manager and point of contact between the agency and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual s contract management and contract administration responsibilities include, but are not limited to: Monitoring the vendor s progress and performance and ensuring services conform to established specification requirements Managing the financial aspects of the contract including approval of payments Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action Identifying a breach of contract by assessing the difference between contract performance and non-performance Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition. 9-9

10 ATTACHMENT A MINIMUM RESPONSE SUBMISSION AND QUALIFICATION REQUIREMENTS (PROVIDED FOR INFORMATION ONLY) Respondent: Reviewed Minimum Response Submission Requirements: RESPONSE SUBMISSION REQUIREMENTS YES NO COMMENTS 1. Original, signed, dated and completed IFB (Ref. Para ). 2. HUB Subcontracting Plan (This requirement is stated on the IFB if applicable) (Ref. Paras and 18.2.). 3. Company Qualifications and Experience (Ref. Paras. 4. and ). 4. Key Personnel Qualifications and References (Ref. Paras. 6. and ). 5. Respondent References (Ref. Paras. 5. and ). 6. Copies of current licenses and documentation identifying the RCCA (Ref. Paras. 4.1., 6.1. and ). QUALIFICATIONS YES NO COMMENTS RESPONDENT QUALIFICATIONS 1. Respondent has a current structural pest control business license and has been engaged in the business of providing displacement and control of bird infestation services for a minimum of three years within the last five years (Ref. Para. 4.1.). 2. Respondent has a minimum of two licensed CCAs and one licensed RCCA. The RCCA may perform the services of a CCA (Ref. Para. 4.2.). KEY PERSONNEL QUALIFICATIONS 1. Have current CCA licenses issued by TDA (Ref. Para. 6.1.). 2. Have a minimum of one year experience within the last two years providing displacement and control of bird infestation services (Ref. Para. 6.2.). 3. Copies of all current licenses and documentation identifying the RCCA (Ref. Paras. 4.1., 6.1. and ). 1-1

11 COMPANY QUALIFICATIONS AND EXPERIENCE SOLICITATION NO. B XX XXXX XXXXXXXXXX SPECIFICATION NO. Respondent shall use this schedule to clearly show how they meet the requirements set forth in the specification (Ref. Paras. 4.). Respondent Name: Addresses: Physical: Mailing: Phone Number: Fax Number: Name: Phone Number: Address: Information for person to contact with questions regarding the solicitation. Number of years in business: Name and title of person signing the response: DOCUMENTATION OF COMPANY QUALIFICATIONS AND EXPERIENCE: Qualifications and experience in the areas of services to be provided. Respondent should address the following: 1. Have a current structural pest control business license issued by TDA and has been engaged in the business of providing displacement and control of bird infestation for a minimum of three years within the last five years (Ref. Para. 4.1.). 2. Have a minimum of two licensed CCAs and one licensed RCCA. The RCCA may perform the services of a CCA (Ref. Para. 4.2.). This page may be reproduced as needed to document each reference. THIS PAGE OR A REASONABLE FACSIMILE SHOULD BE RETURNED WITH THE RESPONSE. 1-1

12 Respondent Name: KEY PERSONNEL QUALIFICATIONS AND REFERENCES SOLICITATION NO. B XX XXXX XXXXXXXXXX SPECIFICATION NO. The respondent shall complete one profile for each Key Personnel to be assigned to this purchase order (Ref. Para. 6.). Each profile shall not exceed one page. TxDOT reserves the right to reject the proposed Key Personnel if references or past working performance are questionable or unfavorable. KEY PERSONNEL INFORMATION FULL NAME: NUMBER OF YEARS EMPLOYED BY RESPONDENT: TITLE: KEY PERSONNEL QUALIFICATIONS NUMBER OF YEARS EXPERIENCE IN PROVIDING COMMERCIAL PEST CONTROL SERVICES SPECIFIC LICENSES: Reference No. # YRS EXP. NAME OF ORGANIZATION: BUSINESS ADDRESS: BUSINESS CITY: BUSINESS STATE: ZIP: RESPONSE FROM TO HOW/WHERE OBTAINED CONTACT PERSON NAME: CONTACT PERSON TITLE: PHONE NUMBER: FAX: ADDRESS: TITLE AND RESPONSIBILITIES: SERVICE START DATE: REFERENCE COMMENTS: SERVICE END DATE: This page may be reproduced as needed to document each reference. THIS PAGE OR A REASONABLE FACSIMILE SHOULD BE RETURNED WITH THE RESPONSE. 1-1

13 RESPONDENT REFERENCES SOLICITATION NO. B XX XXXX XXXXXXXXXX SPECIFICATION NO. RESPONDENT S NAME Page 1 of Company Name: Address: City: State: Zip Code: Phone Number: Point of Contact: Reference Response (to be filled in by TxDOT): Fax Number: Date Services Performed: Company Name: Address: City: State: Zip Code: Phone Number: Point of Contact: Reference response: Fax Number: Date Services Performed: Company Name: Address: City: State: Zip Code: Phone Number: Point of Contact: Reference response: Fax Number: Date Services Performed: THIS PAGE OR A REASONABLE FACSIMILE SHOULD BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE. ANY NEGATIVE RESPONSE(S) MAY RESULT IN DISQUALIFICATION OF THE RESPONSE. 1-1

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