01 Attachment A -26RFP82 - Williamson County Exterior Window Cleaning.pdf

26RFP82 – EXTERIOR WINDOW

CLEANING SERVICES FOR

WILLIAMSON COUNTY

Due: Thursday, October 29, 2026 at 10:00 AM

Non-Mandatory Pre-Bid Conference: Thursday, October 15, 2026, at 9:00 a.m.

Purchasing Department

1848 Texas Trail

Georgetown, TX 78626

512-943-3553

Wilcotx.gov

pg. 2

Version January 2026 26RFP82|Attachment A-RFP Solicitation

Wilco.org

PURPOSE

DEFINITIONS

BACKGROUND

SCOPE OF WORK/SPECIFICATIONS

BUDGET

CONTRACT TERM AND RENEWALS

EVALUATION CRITERIA AND AWARD PROCESS

DUE DATE, SUBMISSION AND DELIVERY

INSTRUCTIONS AND RESPONSE REQUIREMENTS

TERMS AND CONDITIONS

FEDERAL REQUIREMENTS

CHECKLIST AND SUMMARY OF REQUIRED DOCUMENTS

TABLE OF CONTENTS

pg. 3

PURPOSE

Williamson County, Texas, herein “the County”, seeks to establish contracts to provide Exterior window cleaning Services for Williamson County’s owned premises. The County seeks to award to multiple contractors, principal provider, and back-up provider(s), on an “as needed” basis for Exterior window cleaning services. The County intends to use the established contracts, while reserving the right to obtain service from other sources, if applicable, or perform the service in-house. The terms “Successful Respondent”, “Contractor”, and “Vendor” have the same meaning and shall be used interchangeably.

The intent of this proposal is to enable the County to acquire qualified and experienced respondents to submit a written proposal addressing Exterior window cleaning services pricing, qualifications, capacity to service the County’s facilities, availability, approach, experience, and additional factors that will be used to ensure successful accomplishment of the requirements set forth herein. The County will review, compare, and evaluate response based on the criteria and weights identified in this RFP.

The successful Offeror (Contractor) must meet all requirements of this RFP, maintain proper licensing, and comply with all federal, state, and local laws and mandates relative to the services specified in this RFP. It is the responsibility of each Respondent to examine the entire Solicitation, seek clarification in writing, and check its Proposal for accuracy before submitting the Proposal. Upon award, a Master Service Agreement, Attachment P, will be required for signature. Lack of care in preparing a Proposal shall not be grounds for withdrawing the Proposal after the Proposal due date and time, nor shall it give rise to any Contract claim.

DEFINITIONS

Addendum/Addenda - means any written or graphic instruments issued by the County, prior to the consideration of Proposals, which modify or interpret the Solicitation Documents by additions, deletions, clarifications, or corrections.

Buyer - means the designated Williamson County Purchasing contact.

Contract - means the Solicitation Documents and the Proposal of the Successful Respondent shall become a Contract between the Successful Respondent and the County once the Successful Respondent's Proposal is properly accepted by the Williamson County Commissioners Court (sometimes referred to herein as the Commissioner's Court"). In the event of a conflict between the terms and conditions contained in this RFP and the Proposal, an Ensuing Agreement may be required.

Commissioners Court - means the Williamson County Commissioners Court.

County - means Williamson County, a political subdivision of the State of Texas.

Ensuing Agreement(s) - means the Successful Respondent may be required by the County to sign an additional agreement containing terms necessary to ensure compliance with the RFP and the Respondent's Proposal. Such Ensuing Agreement(s) shall contain the Proposal specifications, terms and conditions that are derived from the

RFP.

Solicitation Documents - means the RFP, including attachments, and any Addenda issued by the County prior to the consideration of any Proposals.

pg. 4

Proposal - means the complete, properly signed document, and ALL required forms and documentation listed in the proposal package which have been submitted in accordance with this RFP package. A Proposal submitted in accordance with this RFP is irrevocable during the specified time period for evaluation and acceptance of Proposals, unless a waiver is obtained from the Williamson County Purchasing Agent. Submission of any Proposal indicates a Respondent’s acceptance of the terms and conditions contain in this RFP, unless clearly and specifically noted otherwise in the Proposal. In the event of a conflict between the terms and conditions contained in this RFP and the Proposal, an Ensuing Agreement may be required.

Public Announcement – The newspaper advertisement and the County’s digital procurement platform posting of the solicitation.

Respondent - means a person or entity who submits a Proposal in response to this RFP.

Request for Proposals (RFP) - means this document, together with the attachments thereto.

Successful Respondent - means the responsible Respondent who, in the County's sole opinion, submits a Proposal which is in the best interest of the County, taking into account factors identified herein, and to whom the County intends to award the Contract.

BACKGROUND

Williamson County premises included in this Solicitation are identified in Attachment N-Williamson County Building List.

The solicitation covers a wide range of Exterior Window Cleaning sites across Williamson County facilities. When a need for specific Exterior window cleaning services is identified, a request for a quote will be issued. The fee and scope of work will then be negotiated and authorized through a Purchase Order or Services Contract.

Williamson County Facilities Management Department supports various Departments throughout Williamson County. These departments include, but are not limited to: Correctional Departments, Criminal Justice, Emergency Response, Law Enforcement, Probation Departments, and County Parks.

Park sites include a wide range of facilities, ranging from restrooms, showers, staff residences, camp sites, splash pad, visitor centers, show barn, etc.

SCOPE OF WORK/SPECIFICATIONS

Williamson County is seeking responses for services as outlined in the Scope of Work, Attachment B.

SILENCE OF SPECIFICATIONS

The apparent silence of specifications as to any detail, or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best practices are to prevail and that only

pg. 5 material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made based on this statement.

AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THIS RFP

If a Respondent discovers any ambiguity, conflict, discrepancy, omission or other error in the Solicitation Documents, the Respondent shall immediately notify the Buyer of such error in writing and request modification or clarification of the document.

Modifications will be made by issuing Addenda. If the Respondent fails to notify the Buyer, prior to the date and time fixed for submission of responses, of an error or ambiguity in the Solicitation Documents known to the Respondent, or an error or ambiguity that reasonably should have been known to the Respondent, then the Respondent shall be deemed to have waived the error or ambiguity.

The County may also modify the Solicitation Documents, no later than seventy-two (72) hours prior to the date and time fixed for submission of responses, by issuance of an Addendum. All Addenda will be numbered consecutively, beginning with one (1).

BUDGET

Funds have been allocated and approved by the Commissioner’s Court or County Judge or County Auditor.

Budget for this solicitation is to be determined.

CONTRACT TERM AND RENEWALS

The term of the resulting Contract shall be a for an initial term beginning on the Date of Award, and shall expire on September 30, 2028, plus four (4) additional one-year (1) renewals.

If applicable, at the end of the Initial Contract Term, the Commissioners Court reserves the right to renew the

Initial Contract Term, by mutual agreement of both parties, as it deems to be in the best interest of the County.

Any renewal will be in twelve (12) month increments with the terms and conditions remaining the same. The renewal of the Contract is contingent on the appropriation of necessary funds by the Commissioners Court for the fiscal year in question. Upon the failure of the Commissioners Court to appropriate sufficient funds in any year, the Successful Respondent may elect to terminate the Contract, with no additional liability to the County. The

County and the Successful Respondent agree that termination shall be the Successful Respondent's sole remedy under this circumstance.

EVALUATION CRITERIA AND AWARD PROCESS

EVALUATION AND AWARD

pg. 6

The County reserves the right to use all pertinent information (also learned from sources other than what is disclosed in the solicitation process) that might affect the County's judgment as to the appropriateness of an award to the lowest and best evaluated Proposal. This information may be appended to the Proposal evaluation process results. Information on a Respondent from reliable sources, and not within the Respondent’s response, may also be noted and made part of the evaluation file. The County shall have sole discretion for determining the reliability of the source.

The County reserves the right to reject any or all Proposals, or delete any portion of the Proposal, or to accept any Proposal deemed most advantageous, or to waive any irregularities or informalities in the Proposals received that best serves the interest and at the sole discretion of the County.

EX PARTE COMMUNICATION

To ensure the proper and fair evaluation of a Proposal, all inquiries concerning this RFP are to be directed only to the Buyer in writing. The County prohibits ex parte communication (e.g., unsolicited communication) initiated by the Respondent to any Elected Official/Department Head, County Employee or Evaluation Committee Member evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from Respondents will be permissible by the means established by the Buyer until the day and time specified as the deadline for questions. Any communication between Respondent and the County after the deadline for questions will be initiated by the appropriate County Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal.

Ex parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the solicitation. If a Respondent violates these provisions more than once in a three (3) year period, the Purchasing Agent may debar the Respondent from the sale of goods or services to the County for a period not to exceed three (3) years.

The issuance of a written Addendum is the only official method by which interpretation, clarification, or additional information will be given by the County. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

CLARIFICATION

Respondents shall submit questions or requests for clarification through the solicitation portal:

https://wilco.bonfirehub.com/ provided by EUNA Solutions. All responses to said question or requests shall be posted in the portal.

RESPONSIBILITY AND RESPONSIVENESS

The County intends to award a Contract to the Respondent whose response will be most advantageous to the County. In accordance with Texas Government Code and Local Government Code, the County may consider, to the extent allowed by law, the following:

1. Price.

2. The Respondent's experience and reputation.

3. Quality of the Respondent's goods and/or services.

4. The Respondent's safety record.

5. The Respondent's proposed personnel.

https://wilco.bonfirehub.com/

pg. 7

6. The Respondent's financial capabilities; and

7. Any other relevant factors specifically listed in this solicitation or authorized by law.

All Proposals received by the designated date and time will be evaluated based on the Respondent's Proposal.

Other information may be taken into consideration when that information potentially provides an additional benefit to the County and further helps the County in receiving the services listed in the RFP.

Respondents' _Proposals must meet all mandatory (minimum) requirements in order to be scored. Scoring may also be based on total information gathered by the County at its discretion, including but not limited to Respondent's ability to perform without delay or interference, character, responsibility, integrity, and experience or demonstrated capability; quality of prior work; compliance with laws; and noncompliance with requirements as to submission of relevant information.

Additionally, the County has the sole discretion and reserves the right to cancel this RFP, to reject any and all Proposals, and/or to readvertise with either identical or revised specifications if it is deemed to be in the County’s best interest. The County reserves the right to accept or reject any or all of the items in the Proposal, and/or negotiate any or all items with individual Respondents if it is deemed in the County’s best interest.

The County reserves the right to enter into a Contract, Ensuing Agreement, or a Purchase Order with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the County.

EVALUATION COMMITTEE AND SELECTION PROCESS

All Proposals will be evaluated by a County appointed Evaluation Committee. The Evaluation Committee may be composed of County Staff that may have expertise, knowledge, or experience with the services and/or goods being procured hereunder. Those Respondents meeting all requirements and deemed most qualified may receive further evaluation via telephone or in-person interviews with members of the Evaluation Committee. The County will select a Respondent determined to be the best and most responsible Respondent meeting minimum specifications and qualifications.

Respondents are advised that the Evaluation Committee, at its option, may recommend an award strictly based on the initial Proposals without any further or additional discussion with the Respondents. Therefore, each initial Proposal should contain the Respondent’s best terms and offer. The Evaluation Committee will present its recommendation to the Williamson County Commissioners' Court for approval and award of Contract.

The recommended finalist shall be determined by the Respondent receiving the most points in relation to the Evaluation Criteria outlined herein. Additional scoring may be conducted based upon Respondent's presentation during the interview process and may or may not include previous scores from Respondent's Proposal. Respondent Interviews may be conducted in person or remotely at the County’s sole discretion.

The County also reserves the right to communicate with select Respondents at any time to gather additional information.

FINALIST INTERVIEWS

pg. 8

The Evaluation Committee will review each response to determine the most highly qualified Respondent on the basis of demonstrated competence and qualifications using the weighted criteria. A consensus score will be assigned to each response.

At the Evaluation Committee’s discretion, Respondents may be required to make an oral presentation to the Evaluation Committee to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their qualifications and ensure a mutual understanding of the goods or services to be provided and the approach to be used. However, finalist interviews are included at the sole discretion of the Evaluation Committee and are not a guaranteed part of the selection process.

COSTS INCURRED

Costs incurred in the submission of a Proposal, making necessary studies or designs for the preparation thereof, or attending an interview are the sole responsibility of the Respondent. Furthermore, no reimbursable cost may be incurred in the anticipation of award.

pg. 9

WEIGHTED EVALUATION FACTORS The following weighted evaluation factors will be used to determine how well a Respondent meets the desired performance.

Criteria Points

Proposal Requirements and Completeness of Proposal

• Attachment J- Form CIQ-Conflict of Interest Questionnaire

• Attachment K-Proposal Affidavit (Signature)

• Attachment C - Section N - Bid Bond

Pass or Fail

Relevant Experiences and Qualifications

• Attachment C – Sections A-M-Transmittal Letter

• Attachment E-Executive Summary

• Attachment H-Similar Contracts

References, Experiences, Reputation, and Compliance

• Attachment G-Proposal References

• Attachment I-Cancelled or Terminated Contracts

Price

• Attachment F-Pricing Sheet

Proposed Methodology

• Attachment M-Proposed Methodology

Total 100

pg. 10

ADDITIONAL EVALUATION INFORMATION

The evaluation process may reveal additional information for consideration. The County reserves the right to modify, without notice, the evaluation structure and weighted criteria to accommodate these additional considerations.

CONSIDERATION OF LOCATION OF PRINCIPAL OFFICE

Pursuant to Texas Local Government Code, Section 271.905, in purchasing any real property or personal property that is not affixed to real property, if the County receives one or more Proposals from a Respondent whose principal place of business is in Williamson County and whose Proposal is within three (3) percent of the lowest bid price received by the County from a Respondent who is not a resident of Williamson County, the County may enter into a contract with: (1)The lowest bidder; or (2) the Respondent whose principal place of business is in Williamson County if the Commissioners Court determines, in writing, that the local Respondent offers the County the best combination of contract price and additional economic development opportunities for Williamson County created by the contract award, including the employment of residents of Williamson County and increased tax revenues to Williamson County.

ANNOUNCEMENT

Award announcement will be made upon Commissioners Court approval of staff recommendation and executed agreement (if applicable). Award announcement will appear on the County’s website at Williamson County (bonfirehub.com) provided by EUNA Solutions.

REJECTION OR ACCEPTANCE

The County reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the County.

Any additional terms and conditions attached to the Proposal will not be considered unless Respondent specifically and clearly references them on the front of the Proposal response document. WARNING: Exceptions to or additional terms and conditions may result in disqualification of the response.

CONTRACTUAL DEVELOPMENT

The Commissioners Court may award the Contract on the basis of the initial Proposals received, without any further or additional discussions. Therefore, each initial Proposal should contain the Respondent's best terms and offer. The contents of the Solicitation Documents and the selected Proposal will become an integral part of the Contract, but may be modified, at Williamson County's sole discretion, by provisions of an Ensuing Agreement. Therefore, the Respondent must agree to inclusion in an Ensuing Agreement the specifications, terms, and conditions of this RFP and the Solicitation Documents.

Williamson County may, at its discretion, opt to conduct further discussions with responsible offerors and request the highest ranked Respondent's Best and Final Offer (BAFO).

CONTRACTUAL FORMATION AND ENSUING AGREEMENT

The Solicitation Documents and the Respondent's Proposal, when properly accepted by the Commissioners Court, shall constitute a Contract equally binding between the Successful Respondent and the County. The Successful https://wilco.bonfirehub.com/portal/?tab=pastOpportunities https://wilco.bonfirehub.com/portal/?tab=pastOpportunities

pg. 11

Respondent may be required by the County to sign an additional Ensuing Agreement containing terms necessary to ensure compliance with the Solicitation Documents and Respondent's Proposal.

DUE DATE, SUBMISSION AND DELIVERY

SUBMITTAL DUE DATE

The Proposal is due no later than the submittal date and time set forth in the Public Announcement and listed in this RFP package. The contents of each Proposal shall be submitted in accordance with this RFP.

The Submittal Due Date for responses to this solicitation is:

Thursday, October 29th, 2026, at 10:00 AM CST

Proposals will be opened publicly; however, in a manner to avoid public disclosure of contents, only names of Respondents will be read aloud. No pricing will be announced at the opening.

SUBMISSION AND DELIVERY OF RESPONSES

It is preferred that Proposals be submitted electronically through the County’s digital procurement platform;

however, Respondents may submit a hard copy. Please be aware that submitting Proposals electronically is a convenience to the Respondent. Williamson County takes no responsibility for any third-party system interruption such as US Mail, FedEx or UPS, potentially causing late delivery of Respondent's submittal. Additionally, Respondents are encouraged to submit well in advance of the deadline to protect against any system disruptions.

Refer to https://wilco.bonfirehub.com/ provided by EUNA Solutions for further information on how to submit electronically.

If mailed or delivered in person, Proposals are to be delivered in a sealed envelope on or before the submittal deadline, as noted in this solicitation, to:

Williamson County Purchasing Department Attn: Exterior Window Cleaning Services for Williamson County Facilities – 26RFP82 1848 Texas Trail Georgetown, Texas 78626

Respondents should list their Name and Address, and the Date of the Proposal opening on the outside of the box or envelope and note “Sealed Proposal Enclosed” along with the solicitation name and number clearly marked. Williamson County will not accept any Proposals after the submittal deadline and shall return such Proposals unopened to the Respondent. Responses received after this time and date shall not be considered.

OWNERSHIP OF PROPOSAL

https://wilco.bonfirehub.com/

pg. 12

Each Proposal shall become the property of the County upon submittal and will not be returned to Respondents unless received after the submittal deadline.

WITHDRAWAL OF SOLICITATION

The Respondent may withdraw its Proposal by submitting a written request with the company letterhead and the signature of the Respondent or other authorized individual, to the Williamson County Purchasing

Department any time prior to the Submittal Due Date.

The Respondent may submit a new Proposal prior to the Submittal Due Date. Alterations of the Proposal in any manner will not be considered if submitted after the Submittal Due Date. Withdrawal of a Proposal after the

Submittal Due Date will be subject to written approval of the Williamson County Purchasing Agent.

RESPONSIBILITY

It is expected that Respondent shall provide demonstrated ability to perform the scope of work as described. A

Respondent shall meet the following requirements that include, but are not limited to:

1. Adequate financial resources, or the ability to obtain such resources as required.

2. Compliance with the required or proposed delivery schedule.

3. Satisfactory record of performance that can be determined through references provided; and

4. Qualifications and eligibility to receive an award.

The County may request other information sufficient to determine the Respondent’s ability to meet the minimum standards listed above.

VALIDITY

The Proposal shall be valid for one hundred and eighty (180) calendar days from the Submittal Due Date. Any

Proposal containing a term of less than one hundred and eighty (180) calendar days for acceptance may, at the

County’s sole discretion, be rejected as non-responsive or extended by mutual agreement.

SUBMITTAL DUE DATE EXTENSIONS

Williamson County Commissioners Court has the discretion to extend a Submittal Due Date to best serve the interest of the

County. Approval of this RFP by the Commissioners Court delegates the authority to issue an extension to the Purchasing

Agent and the Purchasing Agent’s assistants. Extensions are issued to enhance competition and provide a fair and favorable environment for Respondents to submit a Proposal. With this goal in mind, if a situation warrants an extension, it shall be granted. The acceptable reasons for an extension are outlined herein. Documentation shall be kept on file noting the reason for the extension. Documentation must contain the approval of the Purchasing Agent or Deputy Purchasing Agent. All submitted Proposals, including those received prior to an extension being made, shall all be opened at the same time.

DUE DATE EXTENSION NOTICE REQUIREMENT

pg. 13

A notice of a proposed Submittal Due Date must be published at least once a week for two consecutive weeks in a newspaper of general circulation in the County, with the first day of publication occurring at least 14 days before the date of the bid opening. Extension information will also be published on the County’s digital procurement platform.

REASONS FOR EXTENSION

Williamson County may consider an extension which can include, but is not limited to, the following reasons:

1. Change or clarifications in specifications, such as substantive change in specification provided by Williamson

County End User;

2. Administrative issues, such as change in process, staffing, or other administrative issues necessitating an extension; or

3. Emergency/natural disaster may prevent regional suppliers from submitting a response and prevent County staff from being able to participate in the solicitation administration.

INSTRUCTIONS AND RESPONSE REQUIREMENTS

Each Proposal submitted in response to this RFP should clearly reference the numbered sections of this RFP that require a response. Failure to arrange the Proposal as requested may result in the disqualification of the

Proposal.

Though there is not a page limit for Proposals, to save natural resources including paper, and to allow the County staff to efficiently evaluate all submitted Proposals, the County requests that Proposals be orderly, concise, but comprehensive in providing the requested information. Conciseness and clarity of content are emphasized and encouraged.

Vague and general Proposals may be considered non-responsive, and may, at the County’s sole discretion, result in disqualification. Proposals must be legible and complete. Failure to provide the required information may result in the disqualification of the Proposal. All pages of the Proposal should be numbered, and the Proposal should contain an organized, paginated table of contents corresponding to the sections and pages of the Proposal.

ORGANIZATION OF PROPOSAL CONTENTS AND TABLE OF CONTENTS

Each Proposal should be submitted with a table of contents that clearly identifies and denotes the location of all enclosures of the Proposal. The table of contents should follow the RFP’s structure as much as is practical.

Each Proposal should be organized in the manner described below:

A. Transmittal Letter

B. Table of Contents

C. Executive Summary

pg. 14

D. Evaluation Selection Criteria (Please see the sections in this RFP package that list the Specifications and Cost Proposal, Experience and Qualifications, References, and Implementation Strategy to respond to our criteria in a clear and concise manner)

E. Price Sheet

F. References: Identification of three (3) references within the last four (4) years, for which the Respondent is providing, or has provided, the goods and/or services (public sector) of the type requested in this RFP.

Include the name, position/title, and telephone number of a contact person at each entity.

G. Similar Contracts

H. Cancelled and Terminated Contracts

I. Conflict of Interest Questionnaire

J. Proposal Affidavit (Signature Page)

K. Attach your entity's sample contract, if applicable, for the County’s review and consideration. The County is not required to use the sample contract submitted

TRANSMITTAL LETTER

The Transmittal Letter should be signed by a person legally authorized to bind the Respondent to the representations in the Transmittal Letter and the Proposal.

The Respondent should submit a Transmittal Letter that provides the following information:

A. Legal Name and address of the individual or business entity submitting the Proposal

B. Respondent’s type of business entity (i.e., Corporation, General Partnership, Limited Partnership, LLC, etc.)

C. Place of incorporation or organization, if applicable

D. Name and location of major offices and other facilities that relate to the Respondent’s performance under the terms of this RFP

E. Name, physical address, email address, business, and the Respondent’s principal contact person regarding all contractual matters relating to this RFP

F. The Respondent’s Federal Employer Identification Number

G. A commitment by the Respondent to provide the services required by the County

AUTHORIZATION OF RESPONDENT

Respondent shall be an individual who is authorized to bind the Proposal contractually: (1) If the Respondent is a Corporation or Limited Liability Company, the legal name of the Corporation or Limited Liability Company shall be provided; (2) If the Respondent is a General Partner, the name of the partners shall be provided; (3) If the Respondent is a Limited Partnership, the name of the Limited Partner's General Partner shall be provided; (4) If the Respondent is a Sole Proprietor(s) (individual), each Sole Proprietor(s) shall be provided; (5) If response is by an agent, other than the Sole Proprietor(s) or an officer of a Corporation, Limited Liability Company, General

pg. 15

Partner or a member of a General Partnership, a power of attorney or equivalent document must be submitted to the Williamson County Purchasing Department.

EXECUTIVE SUMMARY

The Respondent should provide an Executive Summary of its Proposal that asserts that the Respondent is providing all of the requirements set forth in this RFP. The Executive Summary should not include any information concerning the cost of the Proposal but instead must present a full and concise summary of the contents of the Proposal. It is recommended the Executive Summary include the following information:

A. Identify any goods and/or services that are provided beyond those specifically requested. If the Respondent is providing services and/or goods that do not meet the specific requirements of this RFP, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences should be noted in the Executive Summary. However, the Respondent must realize that failure to provide the goods and/or services specifically required, at the County’s sole discretion, may result in disqualification of the Proposal.

B. Indicate why the Respondent believes that it is the most qualified Respondent to provide the goods and/or services described in this RFP. The Respondent must demonstrate extensive experience and understanding of the intent of this RFP. The Respondent should describe in detail the current and historical experience the Respondent and its subcontractors have that would be relevant to completing the scope of work. References must contain the name of key personnel and telephone numbers for each contact.

ECONOMY OF PRESENTATION

Proposals should not contain promotional or display materials, except as they may directly answer in whole or in part questions contained in the RFP. Such exhibits shall be clearly marked with the applicable reference number of the question in the RFP. Proposals must address the technical requirements as specified in the RFP. All questions posed by the RFP must be answered concisely and clearly. Proposals that do not address each criterion may be, at the sole discretion of the County, rejected and not considered.

CONFLICT OF INTEREST

Each Respondent must disclose any existing or potential conflict of interest relative to the performance of the requirements of this RFP. Examples of potential conflicts of interest may include an existing business or personal relationship between the Respondent, its principal, or any affiliate or subcontractor with the County or any other entity or person involved in any way with the project that is subject to this RFP. Similarly, any personal or business relationship between the Respondent, the principals, or any affiliate or subcontractor with any employee or official of the County or its suppliers must be disclosed. Any such relationship that might be perceived or represented as a conflict of interest must be disclosed. Failure to disclose any such relationship or reveal personal relationships with the County employees or officials may be cause for termination.

Additional information may be obtained from the County’s website at the following link:

Conflict of Interest | Williamson County, TX

The County will decide if an actual or perceived conflict of interest should result in Proposal disqualification.

https://www.wilcotx.gov/711/Conflict-of-Interest

pg. 16

By submitting a Proposal in response to this RFP, all Respondents affirm they have not given, nor intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to the County public servant or any employee, official or representative of same, in connection with this RFP.

Each Respondent must provide a Conflict-of-Interest questionnaire with their Proposal package. Proposal may be deemed incomplete without this form.

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

Texas law requires all parties who enter into any contract with the County, which must be approved by Commissioners Court, to disclose all interested parties. An “interested party” is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. See the link below for more information about interested parties.

Certificate-of-Interested-Parties-Texas-Ethics-Commission-Form-1295-PDF

Before an applicable Contract may be executed, the Respondent must file the Form 1295 with the Texas Ethics Commission (TEC) through the Commission’s website. The Respondent must then supply to the County a signed copy of the Form 1295 at the time the Respondent signs and/or submits a signed contract to the County.

A new filing must be completed for each awarded contract (new, amended, extended, or renewed) requiring Commissioners Court approval, including formal solicitations, solicitation exemptions, co-op purchases, and Purchase Orders that must be approved by Commissioners Court.

Information regarding how to use the filing application is available on the TEC website at the following link:

1295 Filing Info

ETHICS

The Respondent shall not accept or offer gifts or anything of value, nor enter any business arrangement with any employee, official or agent of the County.

More information can be obtained at the following link:

Code of Ethics | Williamson County, TX (wilcotx.gov)

REFERENCES, SIMILAR CONTRACTS, TERMINATED AND/OR CANCELLED CONTRACTS

Respondents shall furnish a list of contracts where similar responsibilities and goods and/or services have been required and/or performed for the past four (4) years, to include names, titles, phone numbers and email addresses of reference contacts, contract numbers, and dates of performance.

If applicable, Respondents shall include a list of any contracts that have been cancelled or terminated within the last five (5) years, along with an explanation of the cancellation and the names, email address, and phone number of a reference person with that institution.

https://www.wilcotx.gov/DocumentCenter/View/2883/Certificate-of-Interested-Parties-Texas-Ethics-Commission-Form-1295-PDF https://www.ethics.state.tx.us/filinginfo/1295/ https://www.wilcotx.gov/710/Code-of-Ethics

pg. 17

The County may contact some or all of the references in order to determine the Respondent’s performance record on work similar to that described in this RFP. The County reserves the right to contact references other than those provided in the Proposal and to use the information gained from them in the evaluation process.

References, similar contracts, terminated and/or cancelled contracts should be provided in accordance with this RFP utilizing the forms provided. Proposals may not be deemed complete without the inclusion of requested references.

LEGAL LIABILITY INFORMATION

The Respondent shall disclose all legal liability information by listing any pending litigation, civil or criminal, or anticipated litigation that your entity is involved in including, but not limited to, potential or actual legal matters with private parties and any local, state, federal or international governmental entities. Furthermore, the

Respondent certifies to the best of its knowledge and belief that within the last five (5) years Respondent or

Respondent Related Entities have not: (a) been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction; (b) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agency; (c) had any business license or professional license suspended or revoked; (d) had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

(e) been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency.

If Respondent cannot certify to the above, then it must submit along with its Proposal a written explanation of why such certification cannot be made. The Commissioner's Court will determine whether a Contract may be entered into with the Respondent. The Respondent's obligation pursuant to this certification is ongoing from the effective date of the Contract through the termination date thereof. Accordingly, the Respondent shall have an obligation to immediately notify the Buyer in writing if, at any time during the term of the Contract, Respondent becomes aware of any event which would cause the Respondent's certification or explanation to change.

Respondent acknowledges that the Commissioner's Court may, in its sole discretion, terminate the Contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the Contract. The County reserves the right to consider legal liability information in the recommendation of any proposed Contract to the

Commissioners Court.

TERMS AND CONDITIONS

ACKNOWLEDGEMENT

By submitting a Proposal to this RFP, the Respondent acknowledges the specifications and requirements herein.

The terms and conditions of the Solicitation Documents shall govern unless specifically addressed in an Ensuing

pg. 18

Agreement. It is the sole responsibility of Respondents to stay apprised of changes or Addendums of the solicitation.

AIR QUALITY

In determining the overall best Proposal, the County may, to the extent applicable, exercise the option granted to local governments under the Texas Local Government Code, Section 271.907.

This option allows the County to evaluate Proposals and give preference to goods and/or services of a Respondent that demonstrates that the Respondent meets or exceeds any and all state or federal environmental standards, including voluntary standards, relating to air quality. If the Proposal being submitted will influence air quality for the County (as it relates to any state, federal, or voluntary air quality standard), then the Respondent is encouraged to provide information in narrative indicating the anticipated air quality impact. All Respondents are expected to meet all mandated state and federal air quality standards.

ASSIGNMENT, SUCCESSORS AND ASSIGNS

The Successful Respondent may not assign, delegate, sell, or otherwise transfer the Contract or any other rights or interests obtained under the Contract without the written permission of the County.

AUTHORIZED EXPENSES

In the event County authorizes, in advance and in writing, reimbursement of non-labor expenses related to the services subject of this RFP, County will pay such actual non-labor expenses in strict accordance with the Williamson County Vendor Reimbursement Policy (as amended), which is incorporated into and made a part of this RFP by reference. The Williamson County Vendor Reimbursement Policy can be found at:

WilliamsonCountyVendorReimbursementPolicyMarch2023.pdf (wilcotx.gov). Invoices requesting reimbursement for authorized non-labor expenses must be accompanied by copies of the Respondent’s invoice and clearly set forth the actual cost of the expenses, without markup.

BINDING EFFECT

This RFP, Contract, and any Ensuing Agreement(s) shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.

BONDS

If this RFP requires submission of performance and payment bonds, there will be either a separate page or an Ensuing Agreement explaining those requirements. If this RFP includes a separate page outlining the requirements of performance or payment bonds, Proposals submitted without accounting for the required bonds are not acceptable.

COMPLIANCE WITH LAWS

The County and the Successful Respondent shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Contract and any Ensuing Agreement(s), including, without limitation, Workers' Compensation laws, salary and wage statutes and regulations, licensing laws and regulations. When required, the Successful Respondent shall furnish the County with certification of compliance with said laws, statues, ordinances, rules, regulations, orders, and decrees.

CONFIDENTIALITY

https://www.wilco.org/Portals/0/Departments/Auditor/WilliamsonCountyVendorReimbursementPolicyMarch2023.pdf?ver=2023-04-04-115048-310

pg. 19

All data and information gathered by the Respondent and its agents or provided by the County, including this RFP and all reports, recommendations, specifications, and data shall be treated by the Respondent and its agents as confidential. The Respondent and its agents shall not disclose or communicate the aforesaid matters to a third party or use them in advertising, publicity, propaganda, and/or in another job or jobs, unless written consent is obtained from the County.

Proposals will only be publicly received and acknowledged only to avoid disclosure of the contents to competing

Respondents and kept secret during negotiations. However, all Proposals shall be open for public inspection after the Contract is awarded. If a Respondent is of the opinion that information within its Proposal constitutes proprietary information, please refer to the section of this RFP entitled “Proprietary Information and the Texas

Public Information Act.”

Successful Respondent expressly agrees that it will not use any direct or incidental confidential information that may be obtained while working in a governmental setting for its own benefit and agrees that it will not access unauthorized areas or confidential information and it will not disclose any information to unauthorized third parties and will take care to guard the security of the information at all times.

COOPERATIVE PURCHASING PROGRAM

During the term of the Contract and any Ensuing Agreement, resulting from this RFP, the County would like to afford the same prices, terms and conditions to other political subdivisions or public entities. Another entity's participation in the Contract resulting from this RFP is subject to a properly authorized Purchasing Cooperative Interlocal Agreement (ILA) with the County. Any liability created by purchase orders issued against the Contract shall be the sole responsibility of the governmental agency placing the order.

CURRENT REVENUES

The obligations of the parties under the Contract and any Ensuing Agreement(s) do not constitute a general obligation or indebtedness of the County for which the County is obligated to levy, pledge, or collect any tax. It is understood and agreed that the County shall have the right to terminate the Contract and any Ensuing Agreement(s) at the end of any County fiscal year if the governing body of the County does not appropriate sufficient funds as determined by the County's budget for the fiscal year in question. The County may affect such termination by giving written notice of termination to the Successful Respondent at the end of its then-current fiscal year.

DAMAGE TO COUNTY PROPERTY

Successful Respondent shall be liable for all damage to County-owned, leased, or occupied property and equipment caused by Successful Respondent and its employees, agents, subcontractors, and suppliers, including any delivery, or transporting company, in connection with any performance pursuant to this Contract. Successful Respondent shall notify County in writing of any such damage within one (1) calendar day.

DISQUALIFICATION OF RESPONDENT

Upon signing and submittal of the Proposal, a Respondent offering to sell supplies, materials, services, or equipment to the County, certifies that the Respondent has not violated the antitrust laws of the State of Texas codified in Business & Commerce Code, Section 15.01 et seq., as amended, or the Federal Antitrust Laws, and has not communicated directly or

pg. 20 indirectly the offer made to any competitor or any other person engaged in such line of business. Any or all Proposals may be rejected if the County believes that collusion exists among the Respondents.

DRUG-FREE WORKPLACE

All Respondents shall provide any and all notices as may be required under the Drug-Free Workplace Act of 1988, 28 CFR Part 67, Subpart F, to their employees and all subcontractors to ensure that the County maintains a drug-free workplace.

ENTIRE AGREEMENT

The Contract, and any Ensuing Agreement(s), shall supersede all prior agreements, written or oral between the Successful Respondent and the County and shall constitute the entire agreement and understanding between the parties with respect to the goods and/or services to be provided. Each of the provisions herein shall be binding upon the parties and may not be waived, modified, amended, or altered, except by writing and signed by the Successful Respondent and the County.

EQUAL OPPORTUNITY

Neither party shall discriminate against any employee or applicant for employment because of race, color, sex, religion or national origin.

FIRM PRICING

For unit price items, all the items listed are to be on a "per unit" basis, stating a firm price per unit or unit quantity of each item. The Respondent must submit a firm price that must be good from the date of solicitation opening for the fixed period of time set out in this RFP. Unless the RFP expressly states otherwise, this period shall be until the end of the Initial Contract Period. Proposals which do not state a fixed price, or which are subject to change without notice, will not be considered.

FORCE MAJEURE

If the party obligated to perform is 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 said party, the other party shall grant such party relief from the performance. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

GENERAL OBLIGATIONS AND RELIANCE

The Successful Respondent shall provide all goods and/or perform all services, as well as those reasonably inferable and necessary for completion and provision of goods and/or services required hereunder. Successful Respondent shall keep the County informed of the progress and quality of the services. Successful Respondent agrees and acknowledges that the County is relying on Successful Respondent's represented expertise and ability to provide the goods and/or services described herein. Successful Respondent agrees to use its best efforts, skill, judgment, and abilities to perform its obligations in accordance with the highest standards used in the profession and to further the interests of the County in accordance with the County's requirements and procedures. Successful Respondent's duties, as set forth herein, shall at no time be in any way diminished by reason of any approval by the County, nor shall the Successful Respondent be released from any liability by reason of such approval by the County, it being understood that the County at all times is ultimately relying upon the Successful Respondent's skill and knowledge in providing any goods and performing the services required hereunder.

pg. 21

HIPAA COMPLIANCE

If the RFP or Proposal involves any form of health information, the Respondent agrees to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (codified at 45 C.F.R. Parts 160 and 164), as amended (“HIPAA”); privacy and security regulations promulgated by the United States Department of Health and Human Service (“DHHS”); Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009, Pub. L. No.