ESBD_353542_1724871385760_802-25-44306_Aerial_Herbicide_WL.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-25-44306

BLANKET CONTRACTS TO PROVIDE AERIAL HERBICIDE

APPLICATION SERVICES-WILDLIFE

NIGP Class/Items: 905-41; 988-89

RFP Issue Date: August 28, 2024

Questions Due: September 10, 2024; 2:00 PM CT

Proposal Due Date: September 19, 2024; 2:00 PM CT

Purchaser: Vanessa D Contreras CTCD, CTCM 512-389-4722 purchasing.bidbox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFP.

mailto:purchasing.bidbox@tpwd.texas.gov

RFP No. 802-25-44306 Page 2 of 50

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Current/Future Projects

6. Qualifications and Experience

7. Scope of Work and Specifications

8. Treatment Sites

9. Targeted Plants and Potential Control Agents

10. Contractor Requirements

11. TPWD Responsibilities

12. Contractor Selection for Individual Projects

13. Adding New Products/Services to Contract After Award

14. Modifications of Contract Terms and/or Amendments

15. Price Adjustments

16. Insurance

17. Subcontracting

18. Contract Administration

19. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

RFP No. 802-25-44306 Page 3 of 50

2. site inspection

3. Inquiries

4. Proposal Content

5. Proposal Submission

6. Delivery of Proposals

7. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – PRICE SHEET

POTENTIAL FUTURE PROJECTS

CURRENT PROJECTS (LINE ITEMS 26 THROUGH 28)

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT F – TECHNICAL PROPOSAL

EXHIBIT H – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – SERVICE AREA / ZONE MAP

ATTACHMENT 2 – PROJECT A: MATADOR WMA

ATTACHMENT 3 – PROJCT B: YOAKUM DUNES WMA

RFP No. 802-25-44306 Page 4 of 50

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

Project Summary: Texas Parks and Wildlife Department (TPWD) is seeking proposals for AERIAL HERBICIDE APPLICATION SERVICES for the treatment and control of targeted nuisance vegetation on land and/or water bodies located throughout Texas on an as-needed basis after initial projects, in accordance with the following scope of work and terms and conditions. TPWD reserves the right to furnish the herbicides and surfactants for individual projects or require the vendor to provide the products for reimbursement.

2. BACKGROUND

2.1. TPWD is the agency responsible for managing fish and wildlife resources in this state and manages and takes measures to control nuisance vegetation in selected areas where these plants affect the quality of habitat for fish and wildlife.

2.2. TPWD’s Wildlife Division routinely focuses on strands of plants that directly affect rangeland health.

Overabundance of one species, usually an invasive exotic, reduces plant community diversity which in turn impacts a variety of other species including recreationally important species.

2.3. Invasive species such as Honey Mesquite, Prickly Pear, Twisted Acacia, Blackbrush, Huisache, Water Hyacinth, Common Salvinia, Giant Salvinia, Common Cattail, Phragmites, Chinese Tallow, Salt-Bush, Wax Myrtle, Smooth Cordgrass, Creosote, White Brush and Sand Sagebrush are some common nuisance vegetation that damage the ecosystem by excessively using water and/or land resources and by displacing other native plants that provide food and habitat for fish and wildlife.

3. SOLICITATION METHOD AND INTENT

3.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this RFP.

3.2. It is TPWD’s intent to make multiple awards to qualified contractors for the services described herein, as determined to be in the best interest of TPWD. After award, TPWD will identify individual projects as they become available by issuing a Scope of Work detailing the work to be performed for each project. TPWD intends to select contractors for individual projects based on (a) experience, location, availability, or low bid for the designated treatment area as determined to be in the best interest of TPWD and contractor’s availability, or; (b) request project quote from one or more awarded Contractor(s) for a specific project. See also Section I, Subsection 12 for contractor selection for individual projects. TPWD intends to use the selected qualified contractors, while reserving the right to obtain service from other sources.

3.3. Respondents may submit proposals based on selected Texas locations. Respondents are not required to have ability to provide services throughout the state of Texas.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on Date of Award and continue August 31, 2027, unless sooner terminated under the terms of the contract.

4.2. Renewal Option: Contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes.

1st Renewal Option: September 1, 2027 – August 31, 2028

2nd Renewal Option: September 1, 2028 – August 31, 2029

4.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified

RFP No. 802-25-44306 Page 5 of 50 products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

4.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

4.5. Amendments: The contract may be amended in writing by mutual consent of the parties.

4.6. Quantities: Unless this RFP states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

5. CURRENT/FUTURE PROJECTS

5.1. Climate, biological controls present in the environment, and other varying factors affect invasive vegetation growth, and thus the amount of service needed to control such vegetation may vary from each year, making it difficult to predict future quantities and treatment locations. Logistical constraints related to landowner permission may also affect quantities and treatment locations.

5.2. Anticipated Initial Projects:

5.3. Potential Future Projects: As specific future projects (i.e., groups of private properties authorized for treatment/re-treatment) become eligible, TPWD will develop a project Scope of Work and select a contractor for each project by one of the following methods: (a) select Contractor based on “low price” for the designated treatment area and contractor’s availability, or; (b) request project quote from one or more awarded Contractor(s) for a specific project. Each project will be awarded to the Contractor determined to provide best value to TPWD. It is TPWD’s sole discretion to determine best value.

6. QUALIFICATIONS AND EXPERIENCE

6.1. Respondent - Minimum Qualifications and Experience: To be entitled for consideration, respondent shall meet the following criteria:

6.1.1. Shall be in the business of providing aerial application of herbicides and surfactants and have a minimum of three (3) years of professional experience providing such services.

6.1.2. Shall have completed a minimum of three (3) projects within the last five (5) years.

6.1.3. Shall have a current (a) Commercial Pesticide Applicator’s License, (b) Aquatic Certification, (c) Aerial Application Certification by Texas Department of Agriculture (TDA), and (d) Federal Aviation Administration Certifications, and (e) must maintain active license and certification throughout the term of any resulting contract.

6.1.4. Shall have an employee with a current Commercial Pilot’s License and must maintain active license throughout the term of any resulting contract.

6.1.5. Shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement. (Upon TPWD’s request, respondent shall submit their firm’s audited or un-audited financial statement to support their good standing.)

6.1.6. Shall have available the necessary qualified personnel, skills, qualifications, organization and, facilities, equipment and supplies required to fulfill all requirements under this RFP and any resulting contract.

Targeted Vegetation Treatment Location

Honey Mesquite Matador WMA

Shin Oak Matador WMA

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6.2. Respondent - Preferred Experience:

6.2.1. Experience with projects similar in size and scope of the project described herein.

6.2.2. Experience treating vegetation in a species-targeted manner to reduce impacts on native species or water quality/quantity.

6.2.3. Experience in aerial herbicide application service on both private and public lands.

6.3. Personnel – Qualifications & Experience:

6.3.1. Knowledgeable in identifying vegetation species and the use of GPS units to document treated areas.

6.3.2. Shall have an employee with a current Commercial Pilot’s License and must maintain active license throughout the term of any resulting contract.

6.3.3. Experienced in the safe use, handling, storage and application of herbicides to terrestrial and/or aquatic systems and operation of necessary pump equipment, aircraft operation, and any other necessary equipment. TPWD reserves the right to inspect and accept equipment prior to work commencing.

6.3.4. All persons applying chemicals must be licensed by the TDA, with aquatic subcategory when applicable (i.e., riparian treatment) or must work under the direct supervision of a person so certified and present on the aircraft at all times.

6.4. Supporting Documentation – Required Submittal Information: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References, and Exhibit F – Technical Proposal with response submission to provide documentation to support the above qualifications, ability and capability. (Ref: Section II, Subsection 4.3.) Upon request, Respondent shall provide additional documentation to their qualifications, ability and capability. TPWD may waive any of the above requirements if they determine that the respondent is capable. TPWD will be the sole judge in determining the sufficiency of the respondent's resources and ability to perform the contract or provide the service.

7. SCOPE OF WORK AND SPECIFICATIONS

7.1. Contractor shall provide: All necessary labor, transportation, equipment, supplies (excluding herbicides and surfactants when supplied by TPWD), and any other need necessary or incidental to successfully complete the required service in accordance with specifications contained herein. Contractor is responsible for all costs incurred in the performance of the contract.

7.2. Standards: All work shall be performed and completed in a thoroughly professional manner in accordance with best modern practice, regardless of any omissions from the attached specifications and/or maps.

7.3. Service Schedule:

7.3.1. Contractor and TPWD shall mutually agree on service schedule (dates and hours) for each project.

All work shall be performed in accordance with time schedules developed or approved by TPWD.

7.3.2. Normal working hours shall be Monday through Friday, 8:00 AM to 4:00 PM CT, except State and National holidays, unless prior approval for alternate hours is obtained from the TPWD. Due to public use of the river on weekends and holidays, work on these days is generally discouraged (except on WMA’s where other days/hours may be allowed).

7.4. Multiple applications may be needed as conditions warrant when plants are actively growing.

7.5. Labor: Contractor shall have at least one certified applicator present at all times of operation.

7.6. Aircraft:

7.6.1. Contractor shall furnish aircraft. At TPWD’s discretion, a fixed-wing or helicopter may be specified for individual projects. Examples include:

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7.6.1.1. Helicopter may be required by TPWD for precision spraying in low density stands interspersed with non-target damage.

7.6.1.2. Fixed-wing aircraft may be required and/or allowed by TPWD for spraying large, monotypic blocks of vegetation (e.g., saltcedar) where an overlapping spray pattern can be delivered at a lower operational cost than by a helicopter.

7.6.2. Aircraft should be equipped with a satellite guidance system, a variable rate flow meter, and an onboard Geographic Information System (GIS) display system for spraying.

7.6.3. Aircraft shall be required to have all applicable safety equipment (Fire Extinguisher, Hearing Protection, etc.)

7.6.4. Contractor must be able to furnish a back-up aircraft within 48 hours should the primary craft become inoperable for any reason.

7.6.5. Aircraft/equipment shall be kept in good operating condition at all times. TPWD reserves the right to inspect and approve aircraft/equipment to be utilized prior to the award and/or prior to service.

Non-conformance of equipment to State standards shall be reason for rejection of bid or termination of contract.

7.7. Spray Equipment: Contractor shall furnish suitable spray equipment.

7.7.1. Injector type herbicide delivery systems, venturi-type mixing equipment, peristaltic pumps, and/or tank mixing of herbicides and surfactants will be acceptable.

7.7.2. Sprayer pumps may be injector or mixer type equipment. Boom mounted sprayers will be acceptable for use in most applications.

7.7.3. Weekly calibration of spray equipment shall be performed to assure proper herbicide mixture delivery.

7.8. Daily Spray Log:

7.8.1. Contractor(s) shall submit to the designated TPWD staff, a daily spray log detailing each day’s activities. This is required by TDA and shall be completed daily. Daily logs must include all information necessary for compliance with Texas Commission on Environmental Quality’s (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) permit.

7.8.2. Blank Spray Log forms will be provided by TPWD’s Aquatic Invasive Species Team and/or Wildlife Division for individual projects. Contractor to submit completed log forms to designated TPWD staff on a weekly basis for duration of each project.

7.9. Compliance with Laws, Ordinances, Statutes, and Regulations: Contractor shall adhere to the following:

7.9.1. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein and the work performed, and shall obtain such permits, licenses or other authorizations as may be required. These requirements supplement these specifications and shall take precedence in case of conflict.

7.9.2. All applications will be conducted under regulations specified by the TDA including the use of all Personal Protection Equipment designated by the label of the herbicide being applied.

7.10. Contractor Identification: Contractor shall post company signs on all vehicles. All employees shall be required to carry personal identification at all times.

7.11. Environmental Protection: Contractor and employees shall be aware of environmental protection at all times such as the following:

7.11.1. Contractor shall include proper care in handling and transporting herbicides and surfactants as well as minimizing damage to non-target vegetation and private property adjacent to the treatment site.

7.11.2. All herbicides and surfactants will be applied in strict accordance with the respective label.

Contractor will be responsible for damage to any governmental or private facilities as a result of contractor’s negligence.

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7.12. Safety:

7.12.1. All applications shall be conducted according to standards and regulations established and enforced by the TDA.

7.12.2. Contractor shall ensure the safety of all personnel during spray operations including the proper use of all Personal Protection Equipment and safe operation of all equipment.

7.12.3. Work areas and equipment will be maintained in a clean, neat, and orderly condition.

7.12.4. Contractor shall make every effort to ensure public safety, including the placement of warning signs, if so specified on the herbicide label, at all areas being treated.

7.12.5. Contractor shall follow relevant safety rules and conduct the work in a safe manner, taking precautions necessary to protect person or property against injury or damage, and be responsible for such injury or damage.

7.13. Drift Control: Drift control of herbicides and surfactants shall be a major concern during all applications.

Every effort shall be made to minimize or prevent any potential damage to non-target vegetation or vegetation on private property adjacent to the treated areas. All applications of herbicides shall be controlled at all times to prevent drift onto agricultural, ornamental, and other non-target plants. No herbicide applications shall be made when and where drift may damage these plants.

7.14. Spill Contingency Plan: The Contractor shall have a spill contingency plan and have the plan on site in the event of an accidental herbicide spill. The plan must include an outline for the course of action, appropriate agencies to be contacted (contact persons and phone numbers), and the type and source of equipment needed for cleanup. Submit a copy of the spill contingency plan with RFP response. (Ref. Exhibit F, Item 6.) Failure to submit plan may result in proposal disqualification.

7.15. Responsibility: TPWD shall assume no responsibility for the equipment nor for injury to employees of the Contractor, nor for damage or injury to persons or property of third parties at any time as a result of work performed under this contract. THE CONTRACTOR SHALL HOLD AND SAVE THE STATE AND ITS

OFFICERS AND AGENTS HARMLESS FROM ALL CLAIMS FOR PERSONAL INJURIES, PROPERTY

DAMAGES, OR OTHER CLAIMS ARISING OUT OF THE PERFORMANCE OF THE WORK UNDER

THIS CONTRACT.

7.16. Herbicides and Surfactants (Control Agents):

7.16.1. Herbicides and surfactants may be furnished by TPWD for some individual projects. Alternatively, Contractor may be required to supply herbicides and/or surfactants for other individual projects (e.g., when TPWD is unable to obtain the required product(s) through an existing CPA Term Contract in a timely manner), and in such case TPWD will reimburse Contractor for the required products.

7.16.2. No substitution of herbicide or surfactants will be allowed without the permission of TPWD.

7.16.3. Contractors shall apply only those herbicides and surfactants (or equal) prescribed by TPWD.

7.16.4. All herbicides and surfactants shall be applied in strict accordance with manufacturer’s product labeling.

7.16.5. Contractor shall be responsible for all transportation, loading, and mixing of herbicides and for proper disposal of any wastes and containers.

7.16.6. Contractor shall transport all herbicides in factory sealed, properly labeled containers. TPWD reserves the right to analyze container samples at any time to ensure product compliance.

7.16.7. All herbicides shall be used in strict compliance with all label use instructions and precautions and manufacturers material safety data sheets. Safety equipment and clothing shall be provided by the Contractor and used as necessary. NON-COMPLIANCE BY THE CONTRACTOR WITH LABEL

USE INSTRUCTIONS OR TO SAFETY REQUIREMENTS MAY RESULT IN TERMINATION OF

THIS CONTRACT WITHOUT NOTICE. Only herbicide materials prescribed for each job site shall be allowed on the aircraft.

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7.17. Access to and Storage of TPWD-Supplied Control Agents:

7.17.1. Herbicides and surfactants will be signed out to the contractor on an as-needed basis, when supplied by TPWD for an individual project.

7.17.2. Herbicides and surfactants will be stored at a TPWD facility as designated by TPWD unless other arrangements are made to store herbicides and surfactants closer to the job site, Contractor shall have capability to store the herbicides and surfactants at a non-TPWD facility if needed for specific project(s). For contracts of 100 hours or more, contractor shall provide storage for at least three standard 48” x 48” shipping pallets loaded to 60” high, unless specifically exempted by TPWD.

7.17.3. Contractor shall be responsible for security of TPWD-provided herbicides and surfactants in their possession. Access to herbicides and surfactants will be made available through TPWD personnel at any time with sufficient prior notification; unused herbicides and surfactants must be returned by the contractor, at the contractors expense. Alternatively, TPWD may have products shipped direct to Contractor’s facility for individual projects.

7.18. Pre-Treatment and Post-Treatment Surveys: In order for treatments to be in compliance with the statewide TPDES Permit, Contractors must conduct both a pre-treatment survey (unless otherwise conducted by TPWD staff) and a post-treatment survey. Cost associated with these surveys (if applicable) is to be included in Contractor’s proposal for each individual project.

8. TREATMENT SITES

8.1. Refer to Exhibit B – Price Sheet for a list of potential treatment sites by Texas Highway Districts that may require service under the resulting contract(s). TPWD reserves the right to add or delete service locations during the contract period.

8.2. Refer to Attachment 1 for a map of Texas Zones and Highway Districts related to locations of treatment sites listed in Exhibit B - Price Sheet.

8.3. Refer to the following attachments for maps of anticipated initial project sites and targeted vegetation:

8.3.1 Attachment 2 – Map of Matador WMA – Honey Mesquite Spraying

8.3.2 Attachment 3 – Map of Yoakum Dunes WMA – Shin Oak Spraying

9. TARGETED PLANTS AND POTENTIAL CONTROL AGENTS

Targeted Vegetation Control Agent(s) Surfactant

Honey Mesquite

Sendero® (23.4%, 2.3 lb/gal Clopyralid and 5.08%, 0.5 lb/gal Aminopyralid), Tordon 22K® (21.1%, 2 lb/gal picloram)

Dyne-amic® (adjuvant)

Prickly Pear

Twisted Acacia

Blackbrush

Huisache

Creosote Spike 20P

White Brush Spike 20P

Sand sagebrush Spike 20P

Oak Species Spike 20P

Shin Oak Spike 20P

10. CONTRACTOR REQUIREMENTS

10.1. Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work, RFP No. 802-25-44306 Page 10 of 50 installation or other service performed without prior written authorization of the TPWD is work outside the scope of this contract and shall be performed exclusively at Contractor’s risk.

10.2. Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

10.3. Contractor shall provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the contract.

10.4. Contractor is responsible for all costs incurred in the performance of the contract.

10.5. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

10.6. Contractor shall follow relevant safety rules and conduct the work in a safe manner.

11. TPWD RESPONSIBILITIES

11.1. TPWD will designate a Project Manager and Contract Manager upon contract award.

11.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

12. CONTRACTOR SELECTION FOR INDIVIDUAL PROJECTS

12.1. TPWD will determine which, if any, areas require treatment, exact location and approximate area and percent cover of targeted vegetation.

12.2. As specific projects become eligible, TPWD will develop a project Scope of Work and select a contractor for each project by one of the following methods: (a) select Contractor based on experience, location, or availability for the designated treatment area as determined to be in the best interest of TPWD , or; (b) request project quote from one or more awarded Contractor(s) for a specific project. Each project will be awarded to the Contractor determined to provide best value to TPWD. It is TPWD’s sole discretion to determine best value.

12.3. Contractor(s) may, in some cases, be required to conduct site inspection prior to submitting quote for a specific project to confirm they are capable of meeting TPWD objectives and able to avoid non-target vegetation.

12.4. If TPWD determines that Contractor must furnish herbicide/surfactant for a specific project, Contractor shall furnish quote for such products with their response submission for the specific project.

12.5. TPWD will issue a detailed work order for each assigned project to the selected Contractor(s), to include the following documentation:

12.5.1. Purchase Order

12.5.2. Map(s) showing areas to be treated

12.5.3. Project Scope of Work (Refer to Attachment 1 for sample Scope of Work, also referred to as

Prescribed Control Specification for Individual Treatment Site.)

13. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added.

A formal written request will be sent to successful Respondent to quote on the proposed additional products/services. Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and

RFP No. 802-25-44306 Page 11 of 50 may issue a separate solicitation for the products/services after rejecting some or all of the RFPs. The products/services covered under this provision shall conform to the specifications as outlined in the request.

14. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

14.1. The terms and conditions of the Contract shall govern all transactions under the Contract.

14.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Purchaser(s) and the Contractor.

14.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

15. PRICE ADJUSTMENTS

Extension Period Pricing: A price escalation may be allowed upon renewal provided the vendor notifies TPWD Contracting Section, in writing, prior to renewal. The price escalation shall correlate with an appropriate U.S. government published index. Baseline index shall be the index published the month of award. Prices may be adjusted for each renewal period in accordance with changes in index over the preceding term. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

16. INSURANCE

16.1. Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

16.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

16.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation STATUTORY LIMITS

Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

Aircraft General Liability Single Limit Bodily Injury & Property Damage

$1,000,000 Each Occurrence

Aircraft Passenger Liability $ 100,000 Per Person and $400,000 Each Occurrence

Medical Expenses $ 5,000 Per Person $ 20,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$ 500,000 Combined Single Limit

16.4. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Vanessa Contreras / Purchasing & Contracting, RFP No. 802-25-44306 Page 12 of 50

Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389-4677.

17. SUBCONTRACTING

TPWD has determined there are no probable HUB Subcontracting Opportunities for this solicitation.

18. CONTRACT ADMINISTRATION

TPWD will maintain on-going review and status of Contractor’s progress toward completion of services and will certify whether contractor’s billings are reasonably comparable with the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TPWD.

Administration of the contract is a joint responsibility of TPWD Wildlife Division and the TPWD Purchasing & Contracting Section. TPWD purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

18.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

18.2. Managing the financial aspects of the contract including approval of payments.

18.3. Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

18.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

18.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide, latest edition.

19. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III, General Terms and Conditions, Para. 9:

19.1. Contractor to submit invoice(s) to Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

19.2. Invoices must show:

19.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

19.2.2. Name of receiving entity

19.2.3. Contract/purchase order number

19.2.4. Description, quantity, unit of measure, unit price, extended price of each item

19.2.5. Total price

19.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

19.2.7. Attach supporting documentation, if required

19.3. Payment:

19.3.1. The Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

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19.3.2. Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

19.3.2.1. Contractor is in breach of this contract;

19.3.2.2. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

19.3.2.3. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor;

19.3.2.4. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

19.3.3. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

19.3.4. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

19.3.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

RFP No. 802-25-44306 Page 14 of 50

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time

RFP Issue Date: August 28, 2024

Questions Due: September 10, 2024; 2:00 PM CT

Proposal Due Date: September 19, 2024; 2:00 PM CT

2. SITE INSPECTION

2.1. Pre-proposal site inspections are not required.

2.2. Respondents may conduct site inspections on their own for one or more of the Current Projects listed in Exhibit B, Line Items 26 and 27. (TPWD staff will not be conducting formal site inspections with potential Respondents.)

3. INQUIRIES

3.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Vanessa D Contreras, Purchaser Phone 512-389-4722

Texas Parks & Wildlife Department

4200 Smith School Road, Austin, Texas 78744 purchasing.bidbox@tpwd.texas.gov

3.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section II, Subsection 3.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

3.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

3.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at https://www.txsmartbuy.com/esbd. Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the proposal submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the RFP requirements.

3.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section II, Subsection

3.2. above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written https://www.txsmartbuy.com/esbd

RFP No. 802-25-44306 Page 15 of 50 statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

4. PROPOSAL CONTENT

Below is a summary of required and requested information. Proposals submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

4.1. GENERAL RESPONSE FORMAT:

E-MAIL submittals are preferred for this solicitation. Responses may be submitted to purchasing.bidbox@tpwd.texas.gov however respondents that submit hard copies, shall submit one (1) original proposal signed marked Original. (Plastic spine-bound or wire-bound submittals are highly discouraged.)

4.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal.

4.2.1. Exhibit A – Execution of Proposal: Respondent must submit original signed, dated and completed Exhibit A - Execution of Proposal.

4.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Pricing Schedule.

4.3. ADDITIONAL RESPONSE CONTENT:

Respondent must include the following additional documentation in their response submission, or within one business day of TPWD request. Failure to submit this additional documentation by TPWD designated deadline will result in disqualification of the proposal.

4.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

4.3.2. Exhibit D – Key Personnel: Include completed Exhibit D (or reasonable facsimile).

4.3.3. Exhibit E – Past Projects with Corresponding References: Include completed Exhibit E (or reasonable facsimile).

4.3.4. Exhibit F – Technical Proposal: Include Technical Proposal – tabbed Exhibit F, including numbered responses corresponding to each of the items listed in Exhibit F.

4.3.5. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The Respondents should include the signed and dated addendum(s) with their response submission.

5. PROPOSAL SUBMISSION

5.1. All proposals shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1. and the place specified in Section II, Subsection 6. Late proposals will not be considered under any circumstance and will be returned unopened.

5.2. Proposals should be placed in a sealed envelope/package and correctly identified with RFP number, submittal deadline/opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TPWD by the specified date.

5.3. Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

5.4. Respondents to this RFP are responsible for all costs of proposal preparation.

RFP No. 802-25-44306 Page 16 of 50

5.5. Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 6. below.

5.6. All submitted proposals become the property of TPWD after the RFP submittal due date/ deadline.

Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

5.7. When Proposals are opened, only the names of the Respondents who submitted proposals will be read.

Prices and terms will not be divulged until after contract award.

6. DELIVERY OF PROPOSALS

6.1. E-MAIL submittals are preferred for this solicitation. Responses may be submitted to purchasing.bidbox@tpwd.texas.gov.

6.2. If submitted hard copies, Proposals shall be submitted to TPWD by one of the following methods:

NOTE: Proposals must be date stamped in Purchasing & Contracting prior to the due date and time.

7. EVALUATION AND AWARD

7.1. A contract will be awarded to the responsible Respondent(s) who submits the proposal determined to be the best value to the State and who meet all requirements included in this RFP.

7.2. Cash discounts offered by the Respondent will NOT be a factor in proposal evaluation.

7.3. Proposals may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser name identified in Section II, Subsection 3. above will be acceptable as a written notice for withdrawn. No proposals will be returned after award.

7.4. Step 1 – Administrative Review by Purchasing: Only a complete response with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. Proposals that do not conform to the instructions included in this RFP may be rejected by TPWD. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. No proposal received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

7.5. Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the Respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight

Compensation and Fees (based on Exhibit B) 50%

Qualifications, Experience, Capability, Facilities, Equipment, Etc. (based on Exhibits C, D, and E)

25%

Technical Proposal (based on Exhibit F) 25%

Total 100%

U.S. Postal Service Overnight/Express Mail

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1

4200 Smith School Road

Austin, TX 78744

TPWD – Mail Room

Attn: Purchasing & Contracting C-1

4200 Smith School Road

Austin, TX 78744

Hours – 8:00 AM to 5:00 PM

RFP No. 802-25-44306 Page 17 of 50

7.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references and/or inspect Respondent’s facility/equipment.

7.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal.

7.6.2. Facility and/or equipment may be inspected to verify ability to successfully complete the project.

Inspection will be scored on a pass/fail basis. Failure may be grounds for disqualification of the proposal.

7.7. Step 4 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

7.7.1. Discussions: The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal.

7.7.2. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, Respondent(s) shall submit a final price and any added value. If more than one Respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

7.7.3. The evaluation committee will evaluate the finalists and make a recommendation for award.

7.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.3. for Best Value criteria.)

RFP No. 802-25-44306 Page 18 of 50

SECTION III – GENERAL TERMS AND CONDITIONS

MARCH 2022

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take http://www.txsmartbuy.com/esbd

RFP No. 802-25-44306 Page 19 of 50 exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response…