582-26-00025-Solicitation_LTSCC_final_6-16-25.pdf

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Lead Testing in School and Childcare Program
Solicitation number
582-26-00025
Issued by
Texas

About this file

This document is a Request for Proposals (RFP) issued by the Texas Commission on Environmental Quality (TCEQ) for the Lead Testing in School and Child Care Program (LTSCC). The solicitation seeks a contractor to support TCEQ's statewide program to assist participants in conducting sampling to test for lead in drinking water at schools and child care facilities, as provided by the Water Infrastructure Improvements for the Nation (WIIN) Act, Section 2107. The contract term is three years with an option to renew for one additional year, with responses due on July 8, 2025, and a pre-proposal conference scheduled for June 23, 2025. The estimated three-year contract capacity is $6,000,000.00, and the program will prioritize at-risk facilities primarily caring for children six years old and younger, located in low-income or underserved areas.

The solicitation includes specific requirements for the contractor, such as providing a program management solution with teleservice, data management platform, reporting services, public communication support, and laboratory services. The contractor must be accredited by TCEQ and follow the National Environmental Laboratory Accreditation Program (NELAP) standards. The program will require comprehensive support, including participant enrollment, training, sampling plan development, sample collection, laboratory analysis, and community communication. The project is funded through a federal grant, and the contractor will be responsible for meeting EPA reporting requirements and supporting TCEQ's oversight of the contract. Historically Underutilized Business (HUB) subcontracting opportunities have been identified, and bidders must submit a HUB Subcontracting Plan as part of their proposal.

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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: June 16, 2025

Type of Solicitation: Request for Proposals (RFP)

Name of Solicitation: Lead Testing in School and Child Care Program

Solicitation Number: 582-26-00025

Class 924, Item 16 Class 926, Item 42 Class 968, Item 91 Class 989, Item 91

Responses Due

July 8, 2025 at 3:00 p.m. Central Time

Pre-Proposal Conference

June 23, 2025, at 1:30 p.m. Central Time

Pre-Proposal Conferences are held virtually, using Microsoft Teams Live Event. See Page 4 for further details.

The link for the Pre-Proposal Conference is provided below:

Pre-Proposal Conference Pre-Proposal Conference is not mandatory.

Deadline for Submission of Questions

June 26, 2025 at 3:00 p.m. Central Time

Anticipated TCEQ reply to Vendor Questions (This date is only an estimate):

July 2, 2025

Description:

This requisition is for solicitation of Lead Testing in School and Child Care Program Contract to support TCEQ's efforts in implementation and management of the statewide program to assist participants conduct sampling to test for lead in drinking water. The sampling will be conducted at participating schools and child care facilities as provided by Water Infrastructure Improvements for the Nation (WIIN) Act, Section 2107: Lead Testing in School and Child Care Program Drinking Water grant. The term of the Contract is three (3) years with an option to renew for one (1) additional year. The estimated three-year Contract capacity is $6,000,000.00

Texas Commission on Environmental Quality Request for Proposals Solicitation 582-26-00025 Page 1 of 211 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQzNWZjYWYtNWMwOC00MTQ1LTk0ODEtZDNiMGM4MzI3Njk4%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%229eeaf370-1ba9-4712-9b4d-7a267afab6d4%22%7d

Historically Underutilized Business (HUB) Subcontracting Plan Note:

Subcontracting opportunities have been identified. See information regarding the HUB program and completing the HUB Subcontract Plan in the Responder General Instructions and in the HUB Subcontracting Plan form in Section 4 of this Solicitation.

PURCHASING AUTHORITY:

Scientific & Technical Environmental Services (RFP) Texas Water Code Section 5.2291, Gov’t Code Section 2254.003

Texas Commission on Environmental Quality

Request for Proposals

Solicitation 582-26-00025 Page 2 of 211

Solicitation Table of Contents

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This Solicitation

• Responder General Instructions

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Statement of Qualifications o Key Personnel Qualifications o Technical Approach o Price

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Federal Conditions and Forms

• Special Terms and Conditions

• General Terms and Conditions

• HUB Subcontracting Plan (incorporated by reference)

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachments o A: Conditional Release of Claims o B: Key Personnel Change Request o C: Invoice Submittal Procedures o D: Reference Documents

SECTION 4: Response Documents – To be submitted with Response, unless otherwise noted below

• Responder’s Signature and Information

• Response Contents (not submitted as part of Response)

• Signed Cover Pages of Addenda

• Statement of Qualifications o Company Past Performance

• Key Personnel Qualifications o Proposed Personnel Resume Form

• Technical Approach or Work Plan

• Price Form

• Preferences

• Federal Forms

• HUB Subcontracting Plan Forms

• Certifications (not submitted as part of Response)

Solicitation 582-26-00025 Page 3 of 211

TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Richard Gibson Telephone: (512) 239-6185 Email: richard.gibson@tceq.texas.gov

Secondary Contact

Name: Kiniesha Jones Telephone: (512) 239-0305 Email: kiniesha.jones@tceq.texas.gov

Please allow one business day before contacting the secondary contact.

Exception: If there is less than 24 hours before a solicitation deadline, you may contact the secondary contact after attempting to contact the primary contact.

Except for contacting the HUB Coordinator, all communication regarding this solicitation must be directed to the TCEQ Procurements and Contracts Representative. If this requirement is not met, then the Response may be disqualified.

Email for Vendor Questions: Procurements&Contracts@tceq.texas.gov

TCEQ Historically Underutilized Business (HUB)

HUB Coordinator Name: Claribel Diaz Email: Claribel.Diaz@tceq.texas.gov

Assistant HUB Coordinator Name: Maria Rodriguez Email: Maria.Rodriguez@tceq.texas.gov

Solicitation 582-26-00025 Page 4 of 211 mailto:richard.gibson@tceq.texas.gov mailto:kiniesha.jones@tceq.texas.gov mailto:Procurements&Contracts@tceq.texas.gov mailto:Claribel.Diaz@tceq.texas.gov mailto:Maria.Rodriguez@tceq.texas.gov

Response Submission Procedure via TCEQ’s File Transfer Protocol Secure (FTPS) Server

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file. In addition to including the PDF of Response document, submit the following file: Microsoft Excel version of the Price Form. Responses to the Solicitation may only be submitted to TCEQ’s FTPS server. The email address is listed below.

Responder must:

a. Upload the file(s) to TCEQ’s FTPS site.

b. Select the file(s) and click the “Share” button. Note: Press the Share button to share files, not the Share- or the Share√ buttons.

c. Enter esbd-response@tceq.texas.gov as the email address. Click "Add" and then “OK.” Click OK again to confirm the file share.

d. A “Notify Recipients” message will appear. Add the Solicitation Number, Solicitation Name, and the Due Date for Responses before the text in the box that says, “One or more files have been shared…” and send the message.

For instructions for using TCEQ’s FTPS Server, please visit:

FTPS User’s Quick Guide for Solicitations (https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx)

The FTPS User’s Quick Guide is also attached below (after Instructions).

For more detailed directions for using TCEQ’s FTPS Server, please visit:

TCEQ FTPS Help Page (https://ftps.tceq.texas.gov/help/)

Please note: Responses uploaded to TCEQ’s FTPS server without completing the share file(s) steps will not be considered submitted.

Solicitation 582-26-00025 Page 5 of 211 https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://ftps.tceq.texas.gov/help/ https://ftps.tceq.texas.gov/help/

Responder General Instructions

The terms response and proposal are used interchangeably to mean the submission by the Responder to this Solicitation.

Pre-Proposal Conference

Pre-Proposal Conference will be held virtually (no physical location). The date and time are listed on the Cover Page of this Solicitation.

Participants can join the Microsoft Teams Live event for this conference by following the link on the Cover Page. Participants will be asked to either download the Windows application or view the presentation on the web.

Any scheduling changes to the Pre-Proposal Conference made after the posting of this Solicitation will be announced in an addendum posted on the Electronic State Business Daily (ESBD) link https://www.txsmartbuy.gov/esbd.

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page. Questions must be submitted to the following email address:

Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email: Solicitation Number, Solicitation Name, and the Due Date for Responses.

TCEQ will provide answers to questions in one or more addenda posted on the ESBD.

TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

Any changes to the Solicitation, deadline/due dates, and all responses to questions will be posted as addenda on the ESBD. All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding. It is Responder’s responsibility to review all addenda.

Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the deduction of points in the evaluation or disqualification of the Response. Requested changes to the terms and conditions must be labeled and included behind Tab 7.

Cost of Preparing the Response

The Responder is responsible for all costs incurred in the preparation and submission of a Response.

Quantity and Nature of the Work

Responders are required to inform themselves of all conditions which may affect the performance or the prices. By submitting a Response, Responder expressly waives any claims that there was a misunderstanding concerning the quantities or the nature of the Work.

Solicitation 582-26-00025 Page 6 of 211 https://www.txsmartbuy.gov/esbd mailto:Procurements&Contracts@tceq.texas.gov

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

This Solicitation requires a HUB Subcontracting Plan for any contracted staffing, services, materials, supplies, or any other portions of work. Failure to comply with the HUB requirements and submit a complete HSP will result in rejection of the Response.

The HUB Subcontracting Plan (HSP) forms and additional information about the HUB program are found at the Texas Comptroller’s website:

(https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

Responders are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinator, listed under the TCEQ Points of Contact for this Solicitation. You may also request an HSP courtesy review from the TCEQ HUB Program Coordinator. Requests for HSP courtesy reviews must be made well in advance of the Response due date. HUB assistance may depend upon the staff availability and resources.

Responders understand that if awarded a Contract, the HSP becomes part of the Contract terms, and any changes to the HSP must first be reviewed and approved by TCEQ to ensure the good faith effort requirements found in 34 Texas Administrative Code §20.285 were followed. This includes subcontracting for any contracted staffing, services, materials, and/or supplies with a subcontractor not listed on the approved HSP.

Preparation of Responses

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses. Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected. In order for the Response to be deemed responsive, the electronic version must contain the entire Response. Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

• Obtain any missing applicable forms from TCEQ with sufficient time to complete and submit them in the Response.

• Complete the applicable, required forms in this Solicitation.

• Create any other applicable documents.

• Insert all applicable documents behind cover pages for the specified tabbed sections.

If there is no information to include behind a tab, include a page behind the cover page for the tab stating “Not Applicable”.

• All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Any maps may be submitted to allow for printing on 11-inch X 17-inch paper. Standard font size for the Response shall be 10 to 12 point. Charts and

Solicitation 582-26-00025 Page 7 of 211 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php maps may use smaller font size, but not less than 8 point. Language shall be American English.

• If page limits are specified, any information provided by the Responder in excess of the allowable page limits will not be evaluated.

• Each page of the Response shall be labeled with the Responder’s name and the Solicitation number.

• Sign all documents that require a signature, including the Response on the Responder’s Signature and Information page. Create a PDF of each signed document and place behind the required tab. Responses not containing a PDF of a signed Responder’s Signature and Information Page may not be considered.

• Create a PDF of the entire Response for email submission to the TCEQ.

Submission of Responses

• Submit the Response by the due date and time on the Cover Page using FTPS, as specified under Submission Procedures section. TCEQ will not consider Responses submitted via any other method.

• If the Response lacks required information or does not follow these instructions, the Response may be considered non-responsive and disqualified. TCEQ is not responsible for documents that cannot be read. Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

• Responses cannot be altered, amended, or withdrawn after the Due Date and Time. To withdraw a Response prior to the Due Date and Time, the Responder must submit the request to: Procurements&Contracts@tceq.texas.gov.

Due Date/Late Responses

It is Responder’s responsibility to ensure timely delivery of the Response to TCEQ by the date and time on the Cover Page of this Solicitation. Except under extreme circumstances beyond the control of the Responder, late Responses will not be considered. TCEQ will not be responsible for the failure of email services.

TCEQ’s Acceptance of Responses

TCEQ may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TCEQ may accept or reject all or any part of any Response, waive procedures for submitting Responses, waive formalities and/or minor technicalities, and award by item or groups of items, whichever best serves the interests of TCEQ. TCEQ may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TCEQ. TCEQ shall have sole discretion of what is in the best interests of TCEQ.

Evaluation

The pricing and all terms and conditions of Responses are fixed for 120 days from receipt by TCEQ. Best and Final Offers (BAFOs), if requested by TCEQ, are fixed for 60 days. To determine the most advantageous Response, in addition to price, TCEQ may consider other relevant criteria, which are described more fully in Section 2, Evaluation Criteria. TCEQ may use information regarding the Responder’s performance on past TCEQ contracts in the evaluation of qualifications. In addition, TCEQ will use the information contained in the Texas Comptroller of Public Account’s vendor performance tracking system in the evaluation of qualifications.

Solicitation 582-26-00025 Page 8 of 211 mailto:Procurements&Contracts@tceq.texas.gov

Selection

Depending on the applicable procurement method and solicitation type, in order to secure the best value for the State, TCEQ may take one or more of the following actions in the selection process:

• Accept the highest scoring Response without changes.

• Request clarifications, assurances, and corrections.

• Modify the selection criteria and apply it to BAFOs, provided that the modifications do not materially affect initial applicant eligibility or invitation to submit a BAFO.

Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs).

• Select the highest scoring BAFO and accept it without changes or negotiate acceptable terms.

• Award one or more contracts based on the amount of work that TCEQ foresees needing performed.

• Award contracts to other contractors at a later date under this Solicitation or through another appropriate method, including another solicitation.

• In the case of a tie that cannot be resolved by application of one or more statutory preferences, make a selection, in the best interest of the State, by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tiebreaking activity.

Certification of Interested Parties

Section 2252.908 of the Texas Government Code states that a state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the state agency at the time the business entity submits the signed contract to the state agency. The contract is voidable if the business entity fails to provide the disclosure of interested parties as required by statute.

Form 1295 must be filed electronically through the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/ . The web site includes a list of Frequently Asked Questions.

The selected vendor(s) for a contract that meet the requirements to provide a Certification of Interested Parties will be given instructions at the time of award on how to submit the certification form.

Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts. TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

Public Information

The Response is a public record. By signing and submitting a Response, Responder hereby acknowledges:

• That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA);

Solicitation 582-26-00025 Page 9 of 211 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2

• That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TCEQ may in its sole discretions deem a Response as non-compliant; and

• That Responder grants a royalty-free, irrevocable, world-wide, perpetual license to reproduce any copyrighted portions of the Response and subsequent documents to comply with LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

Conflict of Interest

Responder shall disclose apparent, potential or actual conflicts of interest known with the Response in Tab 6. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded a contract, during the Contract Period.

TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

Solicitation 582-26-00025 Page 10 of 211

FTPS User’s Quick Guide for Solicitations

How to Create an Account

1. Enter https://ftps.tceq.texas.gov/ut.php into your web browser.

Note: it is important to use the same computer when creating an account and when accessing emails from the FTPS system.

2. Click on the “Sign up a new account” button.

3. Enter a name (company name, for example) and an email address. These two fields are required to be completed. Click the Submit button when done.

4. A confirmation box will appear with additional information. Click the OK button.

Solicitation 582-26-00025 Page 11 of 211 https://ftps.tceq.texas.gov/ut.php

5. Check for an email from ftp_account@tceq.texas.gov. To set up your password for your account, click on the link in the email. This will take you back to the FTPS site.

6. Set your password, then click the “Reset Password” button.

7. A box appears, confirming that your password has been reset. Click “OK”.

Solicitation 582-26-00025 Page 12 of 211 mailto:ftp_account@tceq.texas.gov

How to Use FTPS to Upload Documents

1. Enter https://ftps.tceq.texas.gov into your web browser.

2. Enter your Username and Password. Click “Login”.

3. Click on the “Upload Files” button at the bottom of the screen.

4. From your computer, find and click on the file or files you want to upload. You can upload multiple files at one time.

5. The uploaded file(s) will now appear in the list. Place a check in the box beside the file or files to be shared. Once the files are selected, click the “Share” button.

Solicitation 582-26-00025 Page 13 of 211 https://ftps.tceq.texas.gov/

6. In the pop-up “Share Files” box, enter esbd-response@tceq.texas.gov in the email address box and click the “Add” button. Confirm the correct email address was entered, and then click the “OK” button.

7. Another confirmation screen appears, displaying the file or files that have been uploaded and the email address. Click the “OK” button.

Solicitation 582-26-00025 Page 14 of 211 mailto:esbd-response@tceq.texas.gov

8. IMPORTANT: The “Notify Recipients” box appears with pre-filled text. Insert the solicitation number and name in front of the pre-filled text. The text in the red box, below, is an example.

Click the “OK” button.

9. A confirmation that the email was sent appears. Click the “OK” button.

10. You will be returned to the Home page. Click the “Logout” button in the top right corner.

-End-

Solicitation 582-26-00025 Page 15 of 211

SCOPE OF WORK

1. INTRODUCTION

TCEQ has implemented a statewide program, the Lead Testing in School and Child Care (LTSCC) Program, to help eligible Participants conduct voluntary testing for lead in drinking water at their school and child care facilities.

Under this Contract, a “Participant” is not an individual person; it is a unique entity that is a Child Care Program or Local Education Agency with a meaning assigned by Section 1464(d) in the SDWA, or other unique entities deemed eligible to enroll in the LTSCC program by TCEQ and the United States Environmental Protection Agency (EPA). For example, a public school (not a school district), a state licensed or regulated child care facility, and a Head Start/Early Head Start program are considered a Participant.

The foundation for this effort is provided by the Water Infrastructure Improvements for the Nation (WIIN) Act, Section 2107: Voluntary School and Child Care Lead Testing and Reduction Grant Program. Under the WIIN 2107 Grant Program, TCEQ is conducting activities to assist eligible school and child care facilities with testing for and reducing lead in their drinking water based on the EPA’s guidance titled, 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities (EPA’s 3Ts Guidance) (EPA 815-B-18-007;

October 2018). As part of its program, TCEQ will also assist eligible facilities with other activities included in EPA’s 3Ts Guidance.

2. SCOPE OF CONTRACT

Primary services provided under this Contract include (a) supporting TCEQ’s implementation and management of the statewide program and (b) helping Participants conduct testing for lead in drinking water and implement control measures at their school and child care facilities. The elements of the program fulfilled under this Contract include:

i. The administrative and programmatic activities involved in outreach and enrollment, training, lead education, communications, sample collection, sample analysis, response to results of analysis, recommending control measures, providing materials to support recommended control measures, establishing of routine practices, and recordkeeping as required to assist program Participants in successfully completing their local testing program to mitigate lead exposure.

ii. Activities supporting TCEQ’s adherence to EPA’s WIIN 2107 Grant Agreement requirements, the LTSCC Program QAPP, and LTSCC Program processes and procedures.

iii. Coordination to ensure timely provision of instruction and materials, and ability to respond to Participants questions and concerns.

iv. The maintenance and provision of records throughout all stages of the project and delivery of reports as requested.

3. WORK PROCEDURE, QUALIFICATIONS, AND PAYMENT

3.1 Work Assignment and Management

All work areas under this Contract have been divided into several Tasks, which are provided in this Scope of Work (SOW). Each Task will have separate deliverable/s.

Budget for all Tasks will be managed by TCEQ and the Contractor Project Manager (PM). TCEQ PM will be responsible for the management of the Tasks in conjunction with TCEQ Contract Manager (TCEQ CM). TCEQ PM will be designated in a Notice to Proceed (NTP) issued at the beginning of each fiscal year by TCEQ CM.

All work under this Contract will be assigned by the TCEQ PM. All work will be compensated based on the established pay items in this Contract. The Contractor is responsible for developing internal work plans, assigning personnel, and acquiring

Texas Commission on Environmental Quality Request for Proposals Solicitation 582-26-00025 Page 16 of 211

Solicitation 582-26-00025 Page 16 of 211 necessary equipment and materials to ensure compliance with and completion of all work under this Contract.

To successfully perform and complete the work in this SOW, the Contractor must adequately meet the personnel and contract management elements described below.

The Contractor will comply with these requirements except as otherwise specifically directed in writing by TCEQ.

3.2 Personnel

The Contractor will maintain an adequate number of qualified personnel or qualified Subcontractor(s) to carry out the work of this Contract. All work will be performed by personnel meeting or exceeding the minimum qualifications for the appropriate labor category, unless an exception in writing is approved by TCEQ PM. Any exception request must be made in writing. Requirements for personnel apply whether the individual performing the work is an employee of the Contractor or an employee of a Subcontractor.

The Contractor must include any relevant conditions and provisions of this Contract in any of its agreements with Subcontractors performing Contract work. All personnel in personnel categories identified as ‘Key Personnel’ in the specifications are key personnel and their qualifications are essential to the work. All key personnel must be individuals proposed by the Contractor and approved by TCEQ as Key Personnel under this Contract.

Key Personnel Substitutions and Additions: The Contractor will ensure that any substitution and/or addition of Key Personnel meet or exceed the minimum requirements of the personnel originally intended to complete the SOW as proposed during Contract negotiations and Contractor’s original solicitation response. The Contractor must submit qualifications of personnel to the TCEQ PM for approval using the most recent version of the Proposed Personnel Resume form and document it in the most recent version of the Key Personnel Change Form. The Contractor is responsible for obtaining the most recent version of these forms from TCEQ.

A current list of all Key Personnel and Non-Key Personnel, along with their contact information, must be submitted to the TCEQ PM and re-submitted within 48 hours every time the list is updated. The TCEQ PM must be notified in writing within 48 hours when staff are terminated or separated from employment.

3.2.1 Key Personnel

3.2.1.1 Project Manager [Minimum one (1)]

The Contractor Project Manager (PM) is the contact person for all activities and issues regarding the Terms and Conditions of the Contract. The Contractor will designate and have in place one PM for this Contract. The PM is responsible for maintaining a complete and effective project team by formally requesting the addition or substitution of Key Personnel. The Contractor PM must be a full-time employee of the Contractor and, at minimum, be available on business days occurring Monday through Friday, from 8:00 AM to 5:00 PM Central Standard Time, to interface with the TCEQ PM.

Minimum Qualifications:

i. B.S., B.E., or B.A. degree or equivalent in a related field.

ii. Minimum of five years of experience serving as the lead Manager of a multi-disciplinary contract.

iii. Minimum of three years of experience managing multi-disciplinary personnel as part of a project team.

iv. Participation in at least three projects where some or all the

Texas Commission on Environmental Quality Request for Proposals

Solicitation 582-26-00025 Page 17 of 211

Solicitation 582-26-00025 Page 17 of 211 typical duties listed below were performed.

v. Degrees other than a B.S., B.E., or B.A. will be considered for candidates with at least four additional years of related experience.

vi. Knowledge of Public Water System (PWS) regulatory requirements.

Preferred Qualifications:

i. Knowledgeable of the federal Lead and Copper Rule, Lead and

Copper Rule Revisions, and Lead and Copper Rule Improvements.

ii. Knowledgeable of the WIIN 2107 Grant Program, LTSCC program implementation documents, and EPA’s 3Ts guidance.

Typical Duties:

i. Serves as the primary project contact.

ii. Responsible for overall management of project resources, budget, and schedule.

iii. Responsible for timely response to work specification queries, information queries, and other project matters.

iv. Ensures contract compliance.

v. Tracks and reports overall project progress, schedule, budget, personnel, and other resource allocations.

vi. Provides oversight of non-key personnel as required.

vii. Ensures timely and correct invoicing.

viii. Reviews deliverables for quality and compliance with contract requirements.

ix. Provides customer service in a professional manner.

3.2.1.2 Project Specialist [Minimum one (1)]

The Project Specialist will assist the Contractor PM and implement all tasks of the SOW. The Project Specialist will oversee the quality assurance and data management functions related to this Contract.

The Contractor will designate and have in place a minimum of one qualified Project Specialist to appropriately carry out the work of this Contract.

Minimum Qualifications:

i. B.S. or B.A in mathematics, statistics, engineering sciences, toxicology, geology, hydrogeology, biology, chemistry, environmental science, or other science. Or an associate degree in a related field with two years of experience in projects similar to this scope of work.

ii. At least three years of qualifying work experience, including a minimum of two years of experience in data management, and quality assurance.

iii. Participation in at least three projects where some or all the typical duties listed below were performed.

iv. Knowledge of PWS operations and regulatory requirements.

Preferred Qualifications:

i. Knowledgeable of the federal Lead and Copper Rule, Lead and

Copper Rule Revisions, and Lead and Copper Rule Improvements.

ii. Knowledgeable of the WIIN 2107 Grant Program, LTSCC program implementation documents, and EPA’s 3Ts guidance.

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Typical Duties:

i. Assists and consults with the Contractor PM on various aspects of the work.

ii. Plans, performs, and oversees Contract SOW.

iii. Collects, interprets, and reviews data related to the assignments.

iv. Produces, edits, revises project reports and materials, and ensures accuracy of documentation and quality of written materials, both physical and electronic.

v. Oversees program training and customer support as needed.

vi. Oversees monthly program audits, verification of data, and overall quality assurance.

vii. Is responsible for overseeing maintenance of information technologies and providing information security and assurance.

viii. Provides customer service in a professional manner.

ix. Performs other tasks as assigned.

3.2.2 Non-Key Personnel

3.2.2.1 Field Technician

The Field Technician will complete tasks as required and directed by the Contractor PM and Project Specialist.

Minimum Qualifications:

i. At least two years of experience performing assigned environmental work, such as environmental sampling and assisting with environmental sample storage and shipping.

ii. Capacity to perform typical duties under minimal supervision.

i. Performs tasks as assigned.

ii. Conducts environmental sampling.

iii. Performs sample storage, and shipping,

iv. Implements site specific field plans.

v. Performs other tasks as assigned.

3.2.2.2 Administrative Staff

i. Performs billable administrative support functions, including copying, preparing mail-outs, entering data into databases or spreadsheets, assisting other staff, and maintaining records.

ii. Perform other tasks as assigned.

The Contractor will maintain a number of non-key personnel sufficient to perform and conduct the work under the Contract. At no point in time without approval and prior notice to TCEQ shall the number of non-key personnel available to support this Contract be less than that submitted in the Contractor’s proposal in response to this solicitation. At any time, TCEQ may request written documentation that non-key personnel meet these minimum requirements.

3.3 Contract Administration

The Contractor has the following general duties and responsibilities associated with the administration of the contract:

i. Participate in a post-award orientation meeting with TCEQ within 30 days of Contract execution.

ii. Receive NTP when the Contract is executed and each subsequent fiscal year (FY)

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iii. Key personnel must be available by telephone (cellular or otherwise), Monday through Friday, 8 AM to 5 PM (Central Time).

iv. Monitor all work under the Contract and keep reliable reporting and communication mechanisms throughout the term of the Contract.

v. Keep reliable reporting and communication mechanisms, preferably on a weekly basis, regarding the status and progress, including projected invoice amounts, of the work throughout contract period.

vi. Submit deliverables in accordance with the SOW, or individual Pay Items.

vii. Ensure deliverables are acceptable and completed as scheduled and within budget.

viii. Submit invoices and other required documents timely.

3.4 Payment

Payment will be made in accordance with the Price Form and as further described below:

3.4.1 Fixed Price Cost

For each fixed price Pay Item (e.g., unit price, lump sum), the Contractor will furnish all necessary and appropriate personnel, materials, equipment, including any specialty equipment rental, and services needed for, or incidental to, performing and completing the tasks specified in accordance with all laws, rules, regulations, and Contractor policies. It will also include any other personnel normally utilized by the Contractor to conduct, oversee, supervise, or monitor the performance and completion of the tasks for the specified work.

All fixed price Pay Items will also include the cost for shipping equipment/material, if necessary, to the work site, unless specifically excluded under the Pay Item or task. This includes costs of shipping rented equipment (including equipment from a Contractor’s central warehouse) to the work site.

The Contractor is prohibited from charging additional cost for preparing and correcting invoices, processing any amendments to the Contract, drafting work plans, and time spent communicating with the TCEQ PM or TCEQ PM designated staff members about such issues.

3.4.2 Personnel Cost

All personnel rates are inclusive of direct labor costs, overhead, and applicable general, quality assurance, and administrative costs, including profit. The direct personnel pay items provide hourly rates for the actual time performing work where specific expertise or additional labor is required and/or for travel and participation in meetings. These Pay Items are intended for use when specific expertise is needed in meeting the objectives of the work.

Payment Item and Payment:

3.4.2.1 Project Manager (per hour)

3.4.2.2 Project Specialist (per hour)

3.4.2.3 Field Technician (per hour)

3.4.2.4 Administrative Assistant (per hour)

Payment for all personnel categories will be based on personnel pay items established in the Contract. Personnel are paid for the task performed, not based off their title, (i.e., if the PM completed work as a Project Specialist, the Project Specialist rate would apply). Personnel time must be documented by fully signed timesheets. Payment for travel time may be requested upon TCEQ’s receipt of the trip report or daily log, or as approved by TCEQ.

Solicitation 582-26-00025 Page 20 of 211

3.4.3 Travel, Meals, Lodging, and Other Costs

Travel will be conducted via the most cost-efficient method as authorized by TCEQ. Personnel will not receive reimbursement for travel time, mileage, or meals and lodging for travel within 50 miles of their established home office.

The Contractor will provide to TCEQ the designated home office location of any personnel.

Light Vehicle Mileage Rate:

Light Vehicle Mileage Rate (LVMR) includes fuel, lubricating oils, and all other costs of operating a light vehicle (except labor to drive the vehicle). This Pay Item is used for the actual mileage a light vehicle is driven for TCEQ authorized work. This Pay Item is not to be used for those instances where the Contractor has rented a vehicle. LVMR is only allowed when travel is required outside of the travel established in a fixed price item, or as specified in a WO.

Rental Vehicle:

Reimbursement for rental vehicle and fuel costs will not be used as a substitute for the established LVMR and must instead be based on the actual receipts provided at the time of payment request. Rental vehicle and fuel costs will only be allowed with prior written approval from TCEQ.

Meals and Lodging:

Meals and Lodging will only be allowed when an overnight stay is required and written authorization from TCEQ is secured. The Contractor may request payment of the Meals and Lodging Per Diem rate based on the established rate in the Contract Price Form. Contractor must provide a written certification that overnight lodging was utilized. Payment for the Meals and Lodging Per Diem Rate will not exceed the established rate and includes incidental expenses (i.e., all applicable taxes, etc.). TCEQ will not reimburse Contractor for the purchase of alcoholic beverages, tips, or gratuities. Payment will be based on the number of overnight stays as authorized by the TCEQ PM and documented on the submitted certification.

Materials and Supplies, Shipping, Other Reimbursable Items:

Materials and supplies and the cost of shipping materials, supplies, and equipment to complete an approved task are reimbursable at cost upon TCEQ PM authorization. Other reimbursable items may include training location costs and other items authorized by the TCEQ PM in writing as necessary to complete an approved task.

Payment Item and Payment:

3.4.3.1 Light Vehicle Mileage Rate (per mile)

3.4.3.2 Rental Vehicle and Fuel for Vehicle Cost (at cost)

3.4.3.3 Meals and Lodging Per Diem (per night)

3.4.3.4 Airplane Ticket (at cost)

3.4.3.5 Materials and Supplies (at cost)

3.4.3.6 Shipping (at cost)

3.4.3.7 Other Reimbursable (at cost)

Payment for LVMR will be made on a per-mile basis according to the state rate at the time of travel. A signed and dated mileage log, or field log showing dates and times of travel, which includes a certification statement and other similar record documenting origin, destination, and mileage, must be submitted with the invoice.

Payment for Rental Vehicle and Fuel for Vehicle and airplane ticket will be based on the actual receipts provided at the time of invoicing.

Solicitation 582-26-00025 Page 21 of 211

Receipts are not required to be submitted with the invoice for the Meals and Lodging Per Diem Rate. The receipts will, however, be retained for fiscal monitoring and auditing purposes in accordance with General Terms and Conditions, Section 12. BOOKS AND RECORDS.

Payment for materials and supplies items may be requested upon TCEQ’s receipt and approval of the supporting documentation of the materials and supplies purchased and will be based on actual receipts. Shipping and other reimbursable costs will be reimbursed based on actual receipts documenting such costs.

3.5 Invoicing and Report Submittal

Invoices must be submitted to TCEQ PM in accordance with the attached, or most recent version of the Invoice Submittal Procedures and the specific requirements, if any, of this SOW. Invoices must be submitted to TCEQ monthly in accordance with General Terms and Conditions, Article 7.2 Invoice.

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4. CONTRACT TASKS

General Scope:

The Contractor will provide LTSCC Program support to implement and manage the LTSCC Program. This support must include:

i. Facilitation of outreach and awareness for potential program Participants.

ii. Customer service and response to inquiries.

iii. Participant enrollment, prioritization, and selection.

iv. Participant training and guidance on sampling plan development, sample collection procedures and on-site sampling support when applicable.

v. Laboratory analysis of samples, sample result reporting, response to results, recommended control measures to reduce exposure to lead, post sampling remediation support and provision of materials.

vi. Community communication, and other communication guidance and materials for Participants and the public.

vii. Development of program materials, and submit reports, including delivery of monthly reports, such as, progress, status, by 15th of the following month.

viii. Maintenance and delivery of records.

ix. The information technologies and support necessary to carry out the work in this

Contract.

x. Provision of services described in Tasks 4.1 through 4.5 as assigned.

4.1 TASK 1: PROGRAM PARTICIPANT SUPPORT AND PROGRAM MANAGEMENT

LEVERAGING ONLINE AND SOFTWARE SERVICES

Program Management Solution:

This task contains the administrative and business functions that TCEQ requires the Contractor to make available throughout the duration of the Contract to support the LTSCC Program. This includes the necessary staff, subcontractors, business support, information technologies, laboratory services, customer service, and other resources to support the work described in Tasks 4.3 through 4.5.

Scope:

The Contractor will provide the TCEQ a Program Management Solution that meets the LTSCC Program objectives, processes, procedures, reporting criteria, LTSCC Program participation requirements, and all terms and conditions described and defined in current and subsequent revisions of:

i. TCEQ’s WIIN 2107 grant agreement.

ii. EPA’s quarterly and annual grant reporting templates.

iii. LTSCC Program’s EPA-approved QAPP.

iv. The LTSCC Program Reference Manual that is based on the EPA’s 3Ts for

Reducing Lead in Drinking Water at School and Child Care Facilities.

The documents referenced above are provided in Attachment D.

The Contractor’s Program Management Solution will:

i. Provide customer service, outreach, support and training for potential participants, enrolled Participants and TCEQ for use of contractor products and services via e- mail, telephone, physical documents, and other types of electronic and in-person communication.

ii. Provide technical and managerial support necessary to maintain the information technologies related to, and to carry out the work of, this Contract, while ensuring information technology availability and reliability including, but not limited to, securities, backups, and monitoring of system functions.

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4.1.1 Teleservice

The Contractor’s Program Management Solution will provide a Teleservice: a program service delivered remotely by the Contractor to the potential participants, Participants, and the TCEQ PM using telecommunications or information technologies. The Teleservice must:

i. Be sufficient for self-guided local program development and management of a facility level lead testing program by the Participant.

ii. Be accessible by a computerized device to include mobile device (e.g., smart phone or tablet) and personal computer.

iii. Provide LTSCC Program planning and assistance that enables the Participants the ability to monitor and update their progress and complete their local program remotely using a computerized device.

iv. Provide coordination of Participants’ program activities.

v. Provide the TCEQ PM the capability to monitor and assess LTSCC Program activities and laboratory analytical data.

vi. Have capacity to upload user specific documentation.

vii. Facilitate user specific workflows and communications.

4.1.2 Data Management Platform

The Contractor’s Program Management Solution will provide and maintain a data management platform. “Platform” means the technology, system, software, modality, or other method through which the Contractor interfaces with potential participants, Participants, and the TCEQ PM when providing Teleservice, reporting services, laboratory services, communication services, and other applicable program management services as needed to carry out the work in this contract. The Platform will:

i. Provide electronic forms (or other mechanisms) for gathering necessary and required user specific data and records from potential participants and Participants.

ii. Store data and records of Participant activities related to Tasks 4.3 through 4.5.

iii. Store data and records of Contractor activities and communications.

iv. Integrate LTSCC Program logistic and Program materials to fulfill the requirements for Tasks 4.3 through 4.5.

v. Generate data tables and reports for delivery to TCEQ.

vi. Make summaries of facility specific sample results available online for public review.

vii. Make all data and records generated by and for potential participants, Participants, and laboratories available and transferable to the TCEQ PM in tabular (i.e., Microsoft Excel) and PDF format.

viii. Tabular data tables generated must have matching table values that permit query operations such as table joins.

ix. Interface with data tables and records that contain eligible Participant data and other data used for Participant selection and prioritization.

(This data is supplied by sources such as Texas Education Agency, Department of State Health Services, and TCEQ.)

The Data Management Platform will allow for all LTSCC Program services, activities performed, and data and records generated outside of the Contractor’s Teleservice and Platform to be integrated into the Platform when possible or combined with Platform generated data and records to produce a homogeneous report and record delivered to TCEQ. The external services, activities, and data and records generated may include:

i. Provision and receipt of LTSCC Program materials through physical mail when a potential participant or Participant cannot utilize the Contractor’s Teleservice.

ii. LTSCC Program Participant data or records generated prior to and during the contract period by TCEQ that originate from Participant programs

Solicitation 582-26-00025 Page 24 of 211 executed by TCEQ.

iii. Other activities related to Tasks 4.3 through 4.5.

All data and records collected must be saved, be accessible to, and be made available to the TCEQ PM for the duration of the Contract.

4.1.3 Reporting Services

The Contractor’s Program Management Solution will provide reporting services that:

i. Satisfy TCEQ’s WIIN 2107 grant agreement requirements and the EPA’s quarterly and annual grant reporting templates.

ii. Satisfy the requirement set forth in TCEQ’s EPA approved LTSCC Program

QAPP.

iii. Satisfy the requirements of Tasks 4.3 through 4.5.

iv. Are sufficient for TCEQ’s oversight of the contract, invoicing, and reimbursements, and support necessary quality assurance and quality control.

v. Have capacity to report user specific Participant activities, user specific Participant progress, and user specific Participant lead analytical results.

vi. Compile and deliver records of Participant activities related to Tasks 4.3 through 4.5. on a weekly, monthly, quarterly, and annual basis.

vii. Include record series identification using a unique identifier, or code, as the PDF or other file type name. The identifier will include identifying information such as the Participant’s state assigned identification number, the date the record was received, and initialisms signifying the type of record. The TCEQ PM will provide written coding guidance and examples upon initiation of the Contract.

viii. Provide consolidated and/or individual reports for Participant activities and deliverables as required in Tasks 4.3 through 4.5.

ix. Provide monthly, quarterly, and annual program progress and update reports.

x. Produce documents that meet TCEQ accessibility requirements.

xi. Provide data definitions for exported tabular data upon request.

xii. The Contractor will produce the type and kinds of reports, dashboards, or other data output formats as requested by the TCEQ PM that are suitable to the program’s purposes and specifications.

4.1.4 Public Communication and Media Support for Participants The Contractor’s Program Management Solution will provide public communication and media relations support as required or needed before, throughout, and following Participants' execution of Tasks 4.3 through 4.5to carry out the work of this Contract. This support will include, but not be limited to:

i. The development and evaluation of Participant communication strategies.

ii. Coordination to ensure timely Participant community communication requirements are met.

iii. Facilitation of LTSCC Program promotion and awareness.

iv. Drafting, review, and delivery of public communications.

v. Ensuring timely and appropriate responses to urgent PR matters as requested by TCEQ media relations.

vi. Response to inquiries and concerns from entities or individuals including public, private, utility, non-government, government, and media, etc.

Responses will be accurate and honest representation of LTSCC program activities, its analytical data interpretation, and recommended response actions.

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