ESBD_356974_1713814320108_RFQ_455_24_1036A_WELL_PLUGGING_FINAL.pdf

RAILROAD COMMISSION OF TEXAS

Sole Point of Contact: Solicitation Issued

Jesse Herrera, CPPB, CTCM, CTCD April 22, 2024

Phone: (512) 463-6736 Responses Due NO LATER THAN

Email: Jesse.Herrera@rrc.texas.gov 2:00PM (CT) May 23, 2024

RRC RFQ Page | 1

REQUEST FOR QUALIFICATIONS

Solicitation No. 455-24-1036A

SUPPLEMENTAL REGIONAL WELL

PLUGGING & RELATED SERVICES

mailto:Jesse.Herrera@rrc.texas.gov

RFQ No. 455-24-1036A Supplemental Regional Well Plugging & Related Services

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TABLE OF CONTENTS

DEFINITIONS AND ACRONYMS

PART I: NOTICE TO RESPONDENTS

PART II: INSTRUCTIONS TO RESPONDENT

PART III: TERMS AND CONDITIONS

ATTACHMENTS

ATTACHMENTS TO THIS SOLICITATION:

Attachment 1: Statement of Services

Attachment 2: Respondent’s Statements and Covenants

Attachment 3: Respondent’s Qualifications Statement Form

Attachment 4: HUB Subcontracting Plan & Prime Contractor

Progress Assessment Report (PAR)

Attachment 5: Sample Equipment List and Specifications &

Appendix B Rate Submission Sheets

Attachment 6: Sample RRC Contract

Attachment 7: Performance Evaluation Standards

Attachment 8: Federal Terms and Conditions

Attachment 9: Federal Forms

Attachment 10: Guidance on Adhering to Federal Terms and Conditions

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DEFINITIONS AND ACRONYMS

The following definitions and acronyms apply to this RFQ and any resulting Contract:

Addendum/Addenda: Modification to this RFQ, issued by RRC and posted to the Texas Comptroller of Public

Accounts ESBD website (http://www.txsmartbuy.com/esbd) prior to Response due date.

American Petroleum Institute (“API”): The U.S. national trade association representing all facets of the natural gas and oil industry. API maintains more than 700 standards and recommended practices for the oil and gas industry; many of the standards and recommended practices are incorporated into state and federal regulations.

Changed Conditions: Subsurface or latent physical conditions differing materially from those indicated in the

Contract or Work Order issued thereunder, or unknown, unusual physical conditions which could not reasonably be anticipated when considering and analyzing all information provided within the Solicitation and Contract documents and information readily accessible to Respondent and available upon Respondent’s request prior to

Respondent’s submission of a Response.

Contract: The written agreement, if any, executed by the authorized representative of RRC and the Vendor, that formalizes the terms, provisions, covenants, and obligations, including but not limited to those contained in this

RFQ, of the respective parties to the agreement.

Contractor: The individual or entity qualified to provide the goods and/or services sought by RRC pursuant to this

RFQ and who is ultimately selected to carry out the requirements stipulated in this RFQ and any resulting contract.

Days: The word “days” shall mean calendar days unless otherwise specifically noted. Business days shall mean

Monday through Friday except holidays officially listed on the State of Texas Holiday Schedule and/or on which

RRC headquarters office is closed.

Electronic State Business Daily (ESBD): The designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the

ESBD is http://www.txsmartbuy.com/esbd.

Fiscal Year (FY): RRC’s FY begins September 1 of one year and concludes August 31 of the following year.

Historical Underutilized Business (HUB): As defined within Texas Government Code Chapter 2161.

Notice to Proceed (NTP): The formal written authorization issued from RRC to Vendor, which indicates work under the Contract or Work Order issued thereunder is authorized to commence in accordance with the terms and conditions of the Contract and a Work Order issued thereunder and on, but not sooner than, the date specified within the Notice to Proceed.

Respondent: An individual or entity who submits a response to this RFQ.

Response: An expression of interest submitted by a Respondent to RRC as a result of this RFQ solicitation, and that contains Respondent’s statement of qualifications and other information evidencing Respondent’s qualifications to perform the services and work required under the Contract.

Request For Qualification (RFQ): This solicitation document requesting submittal of qualifications or specialized expertise. This RFQ includes all attachments, appendices and exhibits hereto and/or that are incorporated by reference as though fully set forth within, and any Addenda that may be issued following issuance date of the original RFQ document set.

RRC: The Railroad Commission of Texas, the Texas state agency responsible for issuance of this RFQ.

http://www.txsmartbuy.com/esbd https://comptroller.texas.gov/about/holidays.php

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RRC Authorized Representative: The individual authorized to make decisions on behalf of RRC.

RRC Statewide Rules: The official rules of RRC that are found in 16 TAC Part 1, Chapters 1 through 20. The TAC and RRC Statewide Rules may be found on the Office of the Secretary of State website at http://texreg.sos.state.tx.us/...RRC Statewide Rules.

Services: The plugging or re-plugging of abandoned oil, gas, or saltwater disposal wells and the providing of all goods and services related and incidental to the plugging or re-plugging of such wells.

Solicitation and Contract Documents: Those documents identified as a component of the RFQ, including all exhibits, attachments, and appendices thereto and/or that are incorporated by reference as though fully set forth within, and any Addenda that may be issued following issuance date of the original RFQ document set, and those documents identified as a component of the Contract agreement between RRC and the Respondent awarded a contract arising from the RFQ.

Statement of Services (SOS): A broad description of activities, deliverables, and expectations applicable to work to be delivered under the resulting Contract or a Work Order issued thereunder.

TAC: Texas Administrative Code.

Vendor: The individual or entity qualified, in RRC’s sole determination, to provide the goods and/or services sought by RRC pursuant to this RFQ and who is ultimately selected to carry out the requirements stipulated in this RFQ, and any resulting contract and work order issued under such contract.

Work Order: A description of a specific job or project arising under the Contract and that includes details applicable to the location(s), goods, services, and incidentals of work to be performed.

http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=16&pt=1

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PART I: NOTICE TO RESPONDENTS

1. INTRODUCTION.

In accordance with applicable provisions of Texas Government Code Chapters 2155 and 2156 the Railroad

Commission of Texas (RRC) extends this Request For Qualifications (RFQ) to qualified entities to submit a

Response detailing the entity’s qualifications to provide to RRC Well Plugging and Related Services as further described herein and in accordance with all terms, conditions, and specifications contained within the Solicitation and Contract Documents. Responses to this RFQ No. 455-24-1036A shall be received by the Railroad Commission of Texas, Contract Management Section, 1701 N. Congress Avenue, Austin, TX 78701 no later than 2:00PM (CT), Thursday, May 23, 2024 for RFQ No. 455-24-1036A, Supplemental Regional Well Plugging and Related Services.

2. SERVICES, GENERALLY.

Texas Natural Resources Code Chapter 89 provides that the protection of water and land of the state against pollution or the escape of oil or gas is in the public interest, and that it is necessary and desirable to provide additional means so that wells that are drilled for the exploration, development, or production of oil or gas, or as injection or salt water disposal wells, and that have been abandoned and are leaking salt water, oil, gas, or other deleterious substances into freshwater formations or on the surface of the land, may be plugged, re-plugged, or repaired by or under the authority and direction of RRC. Additionally, 16 TAC §3.14(b)(3) provides that RRC may plug or re-plug dry or inactive wells.

Following the conclusion of contract awards in RFQ No. 455-24-1003, it came to the attention of RRC’s Oil and

Gas Division that certain RRC Oil & Gas Division Districts require additional contractors to meet the daily demands for Well Plugging and Related Services. The goal of this solicitation is limited in scope to address business needs in specific regions of the state that have been found to lack a sufficient number of qualified vendors. The RRC seeks

Well Plugging and Related Services to be performed within certain specified RRC Oil and Gas Division Districts throughout the state of Texas (see RFQ Attachment 1: Appendix A) and include, but may not be limited to, plugging or re-plugging of abandoned oil and gas, or saltwater disposal wells and the providing of all labor, materials, equipment, tools, incidentals, and services necessary for the RRC, as directed. All work under the Contract shall be performed in accordance with applicable federal, state, and local statutes, laws, ordinances, regulations, and rules, including RRC Statewide Rules, the specifications within this Statement of Services and any Work Order issued under the Contract, and all terms and conditions of the Contract. See RFQ Attachment 1: Statement of Services

(SOS).

This RFQ is RRC’s process to select highly qualified Well Plugging and Related Services Vendors and issue contracts for Services to be delivered in each RRC Oil and Gas Division District listed within RFQ ATTACHMENT

1: Appendix A. Selection of a Respondent for award of a Contract shall be based upon a Respondent’s demonstrated competence, detailed credentials and other evaluation criteria further described within this RFQ. Contracts for the

Services in which RRC has a recurring need shall be awarded to the most qualified Respondents expressing interest to deliver Services within one, or more than one, of RRC’s Oil and Gas Division Districts. See RFQ Attachment

1: Statement of Services.

Respondents are cautioned to carefully read the RFQ in its entirety. Selection of the most highly qualified Well

Servicing Vendors will be based on demonstrated competence, detailed credentials, evaluation criteria and other requirements as outlined in Part II: Instructions to Respondent, Section 2.10.2 Weighted Criteria and RFQ

ATTACHMENT 3: Respondent’s Qualification Statement. Failure to provide the mandatory required information will automatically disqualify Respondent from consideration for award in connection with this RFQ.

For purposes of this RFQ, Services in which RRC has a recurring need may fall within the following general categories of Well Plugging and Related Services. Related Services are incidental to Well Plugging Services and may be included in a Work Order depending on site specific conditions and Vendor’s consent.

Well Plugging Services:

• Routine well plugging and abandonment;

• Deep well plugging and abandonment (for wells ~10,000 feet or greater in depth);

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• Federally funded well plugging and abandonment;

• Well plugging and abandonment in environmentally sensitive locations;

• Emergency response well plugging and abandonment; and

• Plugging and abandoning wells located on or immediately adjacent to bodies of surface freshwater (With

Vendor’s consent).

Related Services:

• Remediation of soil and restoration native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure;

• Remediation of land adjacent to orphaned wells and decommissioning or removal of associated pipelines, tank batteries, other facilities, and infrastructure;

Selected Respondents shall be bound to the terms and conditions of this RFQ, and the RRC’s Contract as finalized between the RRC and Respondent (see RFQ ATTACHMENT 5: Sample RRC Contract), any additional, specific terms and conditions applicable to a finalized, negotiated Work Order issued thereunder, and shall comply with all applicable local, state, and federal statutes, rules, regulations, and ordinances, including but not limited to those related to licensing, certification, and permitting requirements.

RRC reserves the right to award more than one Contract from this RFQ. A Contract arising from this RFQ shall not be exclusive; RRC may obtain Well Plugging & Related Services from other sources during the term of the Contract.

A Contract shall have no specified monetary value and no guarantee that any Work Order will be issued thereunder.

An award of a Contract arising from this RFQ shall not disqualify a Respondent from responding to a future RRC project-specific solicitation or for bay and/or offshore well plugging and related services. RRC shall issue a separate solicitation for bay and/or offshore well plugging and related services. RRC achieves best value to the State of

Texas through a two-tiered process. First, Respondents submit responses to this RFQ, the responses are assessed based on qualifications, and contracts are awarded to respondents who are the most highly qualified. Second, respondents selected for contract award compete in a post-award bidding process for work orders as business needs arise, thereby ensuring that the best pricing is achieved. Respondents selected for contract award have the opportunity to participate in RRC’s work order bidding market in which highly qualified vendors submit competitive pricing proposals for work orders as business needs arise.

Selected Respondents shall be capable of complying with RFQ Attachment 8: Federal Terms & Conditions

3. ANNOTATIONS.

3.1 PERFORMANCE PERIOD. Any Contract resulting from this RFQ shall include an original term of one (1) year from date of the Contract effective date (“Original Term”). At RRC’s discretion, original Contract term may be extended for up to four (4) additional one-year optional renewal terms (“Renewal Term”). Renewal Terms to any Contract shall be accomplished through written amendment to the original Contract, fully executed prior to expiration of the Contract, and shall incorporate all terms and conditions of the original Contract as may be amended by mutual agreement between the RRC and Vendor.

3.2 MINIMUM QUALIFICATIONS. To be eligible for consideration of contract award, Respondent must meet all minimum qualification requirements as outlined in the Solicitation and Contract Documents, including requirements stated within any part of this RFQ and the SOS. A Response must clearly demonstrate Respondent meets the following minimum qualifications:

• Respondent must have an active, current Organization Report (Form P-5) on file with the RRC. A copy of your Organization Report (Form P-5) must be included in Tab B Executive Summary, see Section

2.9.2 Executive Summary.

• Respondent must be an approved cementer or use an approved cementer that is authorized by the RRC to conduct plugging operations in accordance with 16 TAC §3.14(d).

• Respondent demonstrates successful performance of well plugging services similar in scope (as judged by RRC) to one or more categories of Services described in RFQ ATTACHMENT 1: Statement of

Services. Respondent shall include elaboration of, and details related to, the three (3) projects identified within ATTACHMENT 3: Respondent’s Qualifications Statement Form and must be included in Tab

C Experience and Qualifications, see Section 2.9.3 Experience and Qualifications.

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• Respondent must submit ATTACHMENT 1: Statement of Services (Appendix B Rate Submission

Sheets) in Tab F Respondent’s Submittals.

• Respondent owns, leases, or has access to all well plugging and related services equipment necessary to perform Services in one or more of the general categories of Services stated within this RFQ.

• Respondent is financially solvent and adequately capitalized as judged by RRC.

3.3 COSTS OF RESPONSE PREPARATION. All costs associated with preparation and submission of a Response, including costs associated with submission of all required documents and all copies of all documents and all costs including travel and related activities associated with optional oral presentations, if required, are to be borne solely by the Respondent. Responses that do not meet all requirements or contain all required documentation specified in this RFQ shall be rejected as non-responsive.

3.4 PROTEST PROCEDURES. Any actual or prospective Respondent who is aggrieved in connection with this

Solicitation, evaluation, or award of any contract resulting from this Solicitation may formally protest as provided in RRC’s rules set forth in 16 Texas Administrative Code §20.1 (see, 16 TAC § 20.1).

PART II: INSTRUCTIONS TO RESPONDENT

2. GENERAL RESPONSE INSTRUCTIONS.

2.1 STRICT ADHERENCE TO SUBMISSION DEADLINE. Responses must be received by the Contract

Management Section, Railroad Commission of Texas, Austin, Texas NO LATER THAN the date and time specified within this RFQ, or as revised by Addenda, if any, to this RFQ. RESPONSES RECEIVED AFTER THE

DEADLINE DATE AND TIME WILL NOT BE CONSIDERED. Please see section 2.3 Response Delivery below.

2.1.1 SCHEDULE OF EVENTS. TABLE 1 Schedule of Events provides dates applicable to this RFQ. At the sole discretion of RRC, TABLE 1 may be revised through written addendum posted to the Texas Comptroller's ESBD website no later than the Response due date and time. At sole discretion of RRC, TABLE 1 may be revised through written addendum posted to the Texas Comptroller’s ESBD website no later than the Response due date and time.

Award Date shall occur at sole discretion of RRC and may be any time after due date of Responses and completion of evaluation of Responses.

TABLE 1: Schedule of Events

Event Date

Issuance of RFQ April 22, 2024

Respondent’s Submission of HSP for RRC Courtesy Review Begins April 26, 2024

Deadline for Submission of Written Inquiries (no later than 2:00PM CT) May 1, 2024

Response to Written Inquiries, if any (Addendum posted to ESBD) May 3, 2024

Respondent’s Deadline for Submission of HSP for RRC Courtesy Review Ends May 10, 2024

Response Due Date (no later than 2:00PM CT) May 23, 2024

Estimated Award Date Upon Execution

2.2 RESPONSE LABELING/PACKAGING. Responses shall be placed in an envelope/package and labeled in accordance with address labeling requirements set forth in RFQ Section 2.3. It is the Respondent’s responsibility to properly label and deliver the Response to RRC by the specified date and time for this RFQ.

2.3 RESPONSE DELIVERY. ANY RESPONSE SUBMITTED BY EMAIL OR BY FACSIMILE WILL BE REJECTED. It is the sole responsibility of the Respondent to select their preferred method of delivery from the delivery methods permitted herein. Failure to adhere to these requirements will cause the Respondent to be considered non-responsive and disqualified from award. Respondents must use the following address labeling information most applicable to

Respondent’s chosen delivery method:

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=16&pt=1&ch=20&rl=1

RRC RFQ Page | 8

US Postal Service:

RFQ No. 455-24-1036A

Railroad Commission of Texas

Contract Management Section

Jesse Herrera, Contract Administration Manager

PO Box 12967

Austin, TX 78711-2967

Overnight or Hand Delivery:

RFQ No. 455-24-1036A

Railroad Commission of Texas

Contract Management Section

Jesse Herrera, Contract Administration Manager

1701 N. Congress Ave.

Austin, TX 78701

2.4 PROHIBITED COMMUNICATIONS; SOLE POINT OF CONTACT.

2.4.1 Upon issuance of this RFQ, RRC, its representative(s), and partners (if any) will not answer questions or otherwise discuss the contents of this RFQ with any potential Respondent or their representatives(s), except for the written inquiries submitted in accordance with Section 2.5, below. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. FAILURE TO ADHERE TO THIS RESTRICTION MAY DISQUALIFY

RESPONDENT AND RESPONDENT’S RESPONSE.

Respondents shall rely only on written statements issued through or by RRC’s Contract

Management Section. This restriction does not preclude discussions between affected parties for the purposes of conducting business not related in any way to this RFQ.

2.4.2 For information related to this RFQ No. 455-24-1036A, the Services, and administration of any resulting

Contract, RRC’s sole Point of Contact shall be Jesse Herrera, Contract Administration Manager, whose contact information is:

Mailing Address Email

Railroad Commission of Texas

Contract Management Section

Jesse Herrera, Contract Administration Manager

PO Box 12967

Austin, TX 78711-2967

Jesse.Herrera@rrc.texas.gov

Phone

512-463-6736

2.5 INQUIRIES AND ADDENDA.

2.5.1 Respondent solely is responsible for thoroughly understanding the RFQ and all attachments, exhibits, forms, and addenda, including but not limited to the SOS and Terms and Conditions, and to have performed independent research as needed to provide a clear understanding of the RFQ and the work to be performed under any resulting Contract. Should any Respondent find any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the RFQ, or should Respondent be in doubt as to the exact meaning of information within the RFQ, Respondent should immediately notify in writing via email or email with editable attachment (i.e., MS Word® document) RRC’s sole point of contact for this solicitation (see RFQ Section 2.4.2).

RRC shall not be responsible for oral instructions or for misinterpretation of the Solicitation and Contract

Documents.

2.5.2 Respondents submitting inquiries must reference the relevant RFQ page and section and should submit all questions by the inquiry deadline stated within TABLE 1 Schedule of Events of this RFQ. RRC reserves the right to amend answers prior to the Response submission deadline, and RRC reserves the right to respond to questions received after deadline for submission of written questions. When issuing responses to questions submitted, RRC shall issue Addenda posted to the Texas Comptroller’s ESBD website.

2.5.3 Addenda issued, if any, shall be posted by RRC to the Texas Comptroller’s ESBD website

(http://www.txsmartbuy.com/esbd). It is solely the responsibility of Respondents to check the Texas Comptroller’s

ESBD website for any and all updates to the RFQ. A Respondent’s failure to check the Texas Comptroller’s ESBD website for updates shall not release Respondent from the requirements of Addenda or additional information published within any Addenda.

2.6 HISTORICALLY UNDERUTILIZED BUSINESSES REQUIREMENTS.

mailto:Jesse.Herrera@rrc.texas.gov

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Pursuant to Texas Government Code Chapter 2161, state agencies are required to make a good faith effort to increase the contract awards for the purchase of goods or services the state agencies expect to make to HUBs during a fiscal year. Historically Underutilized Businesses are strongly encouraged to respond to this RFQ.

2.6.1 HUB SUBCONTRACTING PLAN. In accordance with Texas Government Code Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, responses, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. RRC has determined subcontracting opportunities are probable under a contract arising from this RFQ, therefore:

2.6.1.1 ALL RESPONDENTS, INCLUDING TEXAS CERTIFIED HUBS, MUST SUBMIT A COMPLETED HUB

SUBCONTRACTING PLAN (“HSP”) FORM (SEE RFQ ATTACHMENT 4: HUB Subcontracting Plan and

Appendix) WITH THE RESPONSE FOR THE RESPONSE TO BE CONSIDERED RESPONSIVE. A

RESPONDENT’S FAILURE TO INCLUDE A COMPLETED HSP FORM WILL BE DEEMED A MATERIAL FAILURE TO

COMPLY WITH RFQ REQUIREMENTS AND SHALL RESULT IN RRC’S REJECTION OF THE RESPONSE AND

RENDERING THE RESPONSE INELIGIBLE FOR AWARD OF A CONTRACT ARISING FROM THIS RFQ.

2.6.1.2 RESPONDENTS MUST SUBMIT A COMPLETED HSP FORM ON THE HSP FORM INCLUDED AS RFQ

ATTACHMENT 4: HUB Subcontracting Plan and Appendix; NO ALTERNATE FORMS, INCLUDING

ALTERNATE OR PRIOR VERSIONS OF HSP FORMS, WILL BE ACCEPTED.

2.6.1.3 Preliminary HSP Review. A Respondent may submit a draft of Respondent’s HSP for a preliminary review by RRC’s HUB team. Respondents wishing to take advantage of the preliminary HSP review must submit the HSP no later than the deadline for submission of HSP for preliminary review stated within

TABLE 1 Schedule of Events of this RFQ. Respondents are strongly encouraged to utilize this opportunity for a preliminary review of the HSP. The preliminary review is not an official review of the HSP for determination of responsiveness or contract award but is a preliminary review for compliance with HSP form instructions and required Good Faith Effort.

2.6.2 GOOD FAITH EFFORT REQUIRED. In accordance with 34 Texas Administrative Code §20.285(d), any person submitting a bid, response, offer, or other applicable expression of interest in response to this RFQ shall submit a completed HUB Subcontracting Plan form demonstrating evidence of good faith effort in developing that plan. Good faith effort shall be in full conformance with all directions for demonstration and submission specified in the HSP form (see RFQ ATTACHMENT 4: HUB Subcontracting Plan and Appendix).

2.6.3 PROBABLE HUB SUBCONTRACTING OPPORTUNITIES. RRC has identified potential areas of subcontracting opportunities which are listed within TABLE 2 Potential HUB Subcontracting NIGP Codes of this

RFQ. Full commodity and services descriptions may be found on the Texas Comptroller’s website at:

https://comptroller.texas.gov/purchasing/nigp/. The list is for information purposes only and is not intended as an exhaustive list of subcontracting opportunities related to this RFQ. It is solely the responsibility of a Respondent to determine what, if any, subcontracting opportunities are most applicable to the Respondent’s business in performance of work under a Contract arising from this RFQ. Respondent is not required to include within the HSP form any or all the commodities or services listed in TABLE 2 Potential HUB Subcontracting NIGP Codes of this

RFQ. Respondents should review the HSP form (see RFQ ATTACHMENT 4: HUB Subcontracting Plan and

Appendix) for instructions applicable to identification of specific commodities or services intended for subcontracting.

https://comptroller.texas.gov/purchasing/nigp/

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TABLE 2: POTENTIAL HUB SUBCONTRACTING NIGP CODES

NIGP Class NIGP Item Description (Commodities and Services)

150 12 Sack cement (Types I, II, or III)

750 42 Drilling mud

750 77 Sand and gravel

790 20 Grass seeds

909 75 Site clean-up, post construction

962 39 Hauling services

962 96 Well services, including oil, gas, and water: Drilling, plugging, consulting, maintenance, repair

971 82 Toilets, portable, rental or lease

977 73 Toilets and showers, portable, rental or lease

2.6.4 HUB SUBCONTRACTING PLAN (HSP) PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT.

Pursuant to 34 Texas Administrative Code §20.285(f)(1), as a condition of payment, a prime contractor shall maintain business records documenting compliance with the HUB Subcontracting Plan and shall submit a compliance report to the state contracting agency each month. Therefore, as a condition of payment under the

Contract, from start date of Contract through completion date of Contract, a prime contractor (Vendor) awarded a

Contract arising from this RFQ shall monthly submit a HUB Subcontracting Plan (HSP) Prime Contractor Progress

Assessment Report (see RFQ ATTACHMENT 4: Appendix A Prime Contractor Progress Assessment Report (PAR) prior to RRC’s approval of payment under the Contract.

2.6.5 RRC’S HUB PROGRAM ADMINISTRATION. For explanation of the RRC’s HUB program, for assistance in completing the HSP form, and to obtain HUB lists, if web access is not available, Respondents are encouraged to contact RRC’s HUB Administration (Phone: 512-936-0806; or email: hub@rrc.texas.gov.)

2.7 RESPONSE REQUIREMENTS.

2.7.1 REQUIRED NUMBER OF RESPONSE ORIGINALS AND COPIES. Respondent must submit one (1) paper original, plus three (3) identical paper copies of the Response. Response shall be written only on 8 ½” X 11” white paper using double or 1.5 spacing, and 12-point or larger Times New Roman font. Responses shall be free of any extrinsic items and shall be bound in a three-ring binder. The one (1) clearly marked “original” must include an original ink signature on the Title Page (Tab A) (electronic signatures will not be accepted), and the name and title of the individual signing who must possess the authority to legally bind the Respondent. RRC reserves the right to require a Respondent to furnish documentary evidence of Respondent’s signature authority. Respondent must also submit one (1) electronic copy of the Response on a USB storage device; the Response file must be readable using Adobe Acrobat Reader DC®, and the electronic storage device (USB) shall not be encrypted. USB(s) must be labeled with Respondent’s name. Response shall be saved in a zip file and the file folder shall contain individual PDF files for each required tab.

Response shall include all required attachments and certifications. The RRC will not accept attachments and certifications submitted after the deadline. Failure to provide all required information in the required format shall make the response non-responsive and thus disqualified from consideration. The RRC may reject a proposal that fails to include required contents.

2.7.2 CONFIDENTIAL INFORMATION; PUBLIC INFORMATION ACT DISCLOSURES. RRC is a governmental body subject to the Texas Public Information Act (“PIA”), Texas Government Code Chapter 552. Any Response and other information submitted to RRC by Respondent are subject to release as public information by RRC. A

Response and other submitted information are presumed subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for Respondent to include proprietary or otherwise confidential information in its Response or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire Response subject to release under the PIA. In order to trigger the process of seeking an Attorney

General opinion on the release of proprietary or confidential information, the specific provisions of the Response mailto:hub@rrc.texas.gov

RRC RFQ Page | 11 that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described above.

Any information which is not clearly identified by the Respondent as proprietary or confidential will be deemed subject to disclosure pursuant to the PIA. Respondent will be deemed to have irrevocably waived, and to have agreed to fully indemnify the State of Texas and the RRC against, any claim of infringement by RRC regarding the intellectual property rights of Respondent or any third party for any materials appearing in the Response.

Respondent is required to make any information created or exchanged with a state governmental entity (as defined by Texas Government Code §2252.907(d)) pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in at least one of the following formats that is accessible by the public at no additional charge to the State of Texas and/or RRC: *.pdf format compatible with the latest version of

Adobe Acrobat®; Microsoft Word®; Microsoft Excel®; or, hard copy (paper).

If Respondent’s Response contains any information which Respondent claims is confidential and not subject to release under the PIA, Respondent must prepare and deliver to RRC two USB storage devices containing the following information:

One USB storage device with PDF document containing complete copies of all of Respondent’s submissions pursuant to this RFQ. Respondent must label this PDF document “Complete Response

Documents, [Respondent’s Name], RRC RFQ No. 455-24-1036A. CONTAINS CONFIDENTIAL

INFORMATION.”

One USB storage device with PDF document containing copies of all of Respondent’s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. This document must also contain an appendix which contains clear references to all redacted information including a general description of the redacted information. Respondent must label this PDF document “For Public Release:

Redacted version of [Respondent’s Name], RRC RFQ No. 455-24-1036A.”

2.8 EXCEPTION TO PROVISIONS.

Respondent is strictly prohibited from taking blanket exception to the entire RFQ; a Response that includes blanket exception to the entire RFQ or that does not include proposed alternative language to exceptions taken, may be disqualified from Contract award. Respondent is specifically warned against deviating from the terms and conditions listed in Part III of this Solicitation, as the majority of these terms are non-negotiable. Any exception may be considered negatively during the evaluation and scoring process or may result in a contract not being awarded to Respondent.

2.9 ORGANIZATION OF RESPONSE.

All Responses shall have all pages numbered and be organized in a manner that directly corresponds with the identified tabs set forth within this RFQ section. Responses shall contain all required information, at a minimum, and be stated in a clear and concise manner. Vague and general responses shall be considered nonresponsive and thereby disqualified from consideration of Contract award. Respondent shall include all information Respondent believes is necessary and/or helpful to RRC determining Respondent’s qualifications and ability to deliver all goods and services in accordance with this RFQ, including the specifications stated within the SOS, and all terms and conditions of the Contract. Respondent shall submit a Response that includes, at a minimum, the following:

2.9.1 TITLE PAGE (TAB A). The Response title page must include:

a. RRC’s RFQ number: RFQ No. 455-24-1036A;

b. Respondent’s name and physical address;

c. Respondent’s Vendor Identification Number (11-digit number issued by the Texas CPA);

d. Respondent’s Federal Employer Identification Number (9-digit number issued by the IRS); and

e. Respondent’s authorized agent’s signature, printed name, title, and date of signature to Response.

2.9.2 EXECUTIVE SUMMARY (TAB B). Respondent’s executive summary should include a clear, comprehensive summary of Respondent’s qualifications and experience applicable to the requirements of this RFQ, Respondent’s

Executive Summary should include, at a minimum, the following:

a. Summary of Respondent’s qualifications, including licenses and/or certifications if applicable and/or required by this RFQ, and a statement of Respondent’s ability to meet or exceed required minimum qualifications;

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b. Summary of Respondent’s experience in delivery of same or substantially similar services as those required under this RFQ, and a statement of Respondent’s ability to meet or exceed required minimum experience;

c. Identification of Services categories Respondent can and is willing to deliver from among the following categories:

i. Routine well plugging and abandonment;

ii. Deep well plugging and abandonment (for wells ~10,000 feet or greater in depth);

iii. Federally funded well plugging and abandonment;

iv. Well plugging and abandonment in environmentally sensitive locations;

v. Removal of associated well site equipment and remediation;

vi. Emergency response well plugging and abandonment; or

vii. Plugging and abandoning wells located on or immediately adjacent to bodies of surface freshwater.

d. Identification of Respondent’s service area(s) listed by RRC Oil and Gas Districts, the number of rigs available for plugging, and the yard locations where those available rigs are ordinarily stored when not in use (see RFQ ATTACHMENT 1: Appendix A). By identifying a service area in Attachment 1, Respondent is certifying that there is at least one (1) rig available at all times per service area such that at least one plugging operation can proceed in each of the service areas in parallel at the same time.

Respondent’s service areas should represent RRC Oil and Gas Districts in which Respondent can and intends to provide the Services if awarded a Contract; and

e. Clear, concise, detailed explanation of Respondent’s exceptions taken, if any, to the terms and/or conditions of this RFQ.

2.9.3 EXPERIENCE AND QUALIFICATIONS (TAB C). Tab C shall include elaboration of, and details related to, the three (3) projects identified within ATTACHMENT 3: Respondent’s Qualifications Statement Form.

Respondent may provide details of additional projects in addition to the three (3) identified in ATTACHMENT 3:

Respondent’s Qualifications Statement Form. Any additional projects provided shall demonstrate Respondent’s ability to meet or exceed the minimum qualifications and experience required to deliver Well Plugging and Related

Services described within RFQ ATTACHMENT 1: Statement of Services.

Respondent is solely responsible for providing sufficient details to ensure RRC’s evaluation committee members can determine Respondent’s understanding of the RFQ, the Statement of Services, and scope of work and specifications applicable to performance of the Well Plugging and Related Services.

2.9.4 RESPONDENT’S APPROACH TO PERFORMING WORK UNDER THE CONTRACT (TAB D).

TAB D shall include elaboration of, and details related to, Respondent’s approach to performance of Services described withing RFQ ATTACHMENT 1: Statement of Services. Respondent’s approach shall demonstrate

Respondent’s experience, expertise, and ability to plan and complete well plugging and related services of one or more wells within one or more of the following categories:

a. Routine well plugging and abandonment;

b. Deep well plugging and abandonment (for wells ~10,000 feet or greater in depth);

c. Federally funded well plugging and abandonment;

d. Well plugging and abandonment in environmentally sensitive locations;

e. Removal of associated well site equipment and remediation;

f. Emergency response well plugging and abandonment; or

g. Plugging and abandoning wells located on or immediately adjacent to bodies of surface freshwater.

Respondent is solely responsible for providing sufficient details to ensure RRC’s evaluation committee members can determine Respondent’s understanding of the RFQ, the Statement of Services, and scope of work and specifications applicable to performance of the Services. In this section of the Response, Respondent is encouraged to address, at a minimum, the following:

i. Respondent’s approach to plugging wells at various depths;

ii. Respondent’s approach to plugging wells with difficult conditions.

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2.9.5 RESPONDENT’S EQUIPMENT LIST AND SPECIFICATIONS (TAB E). TAB E shall include a detailed list of Respondent’s owned, leased, or available, equipment used in performance of well plugging and related services (see RFQ ATTACHMENT 5: Sample Equipment List and Specifications as an example.)

TAB E of a Response shall be prepared in substantial form and format to RFQ ATTACHMENT 5: Sample

Equipment List and Specifications, include a cover page listing all equipment and, for each piece of equipment listed, be accompanied by either a statement of specifications prepared by Respondent or by a manufacturer specification sheet.

RESPONDENT SHOULD NOTE: THIS SECTION OF THE RESPONSE SHALL BE CONSIDERED IN

DETERMINING RESPONDENT’S QUALIFICATIONS AND ABILITY TO PROVIDE REQUESTED

SERVICES AND MAY BE USED AS A DETERMINING FACTOR IN WORK ORDERS ISSUED TO A

VENDOR UNDER A CONTRACT RESULTING FROM THIS RFQ. Therefore, Respondent is strongly encouraged to provide a complete list of Well Plugging and Related Services equipment Respondent owns, leases or has access to, as well as provide either a statement of specifications prepared by Respondent or manufacturer specification sheet, for each piece of equipment listed.

2.9.6 RESPONDENT’S SUBMITTALS (TAB F).

2.9.6.1 REQUIRED RRC RFQ ATTACHMENTS. Response TAB F shall include properly completed Required RRC

RFQ Attachments identified within this section. Failure to include each and all the Required RRC RFQ

Attachments shall result in the Response being deemed nonresponsive to the RFQ and disqualified from consideration of Contract award. The Required RRC RFQ Attachments applicable to this solicitation include:

a. RFQ ATTACHMENT 1: Statement of Services (Appendix B Rate Submission Sheets)

b. RFQ ATTACHMENT 2: Respondent’s Statements and Covenants

c. RFQ ATTACHMENT 3: Respondent’s Qualifications Statement form

d. RFQ ATTACHMENT 4: HUB Subcontracting Plan

e. RFQ ATTACHMENT 5: Respondent’s Equipment List and Specifications & Appendix B Rate

Submission Sheets

*** Please Note submission of Required Attachments must be as individual PDFs with appropriate title. ***

IN ADDITION TO THE REQUIRED RRC RFQ ATTACHMENTS, A RESPONDENT SHALL INCLUDE WITHIN TAB F

RESPONDENT’S SUBMITTALS SECTION ANY ADDITIONAL STATEMENTS, INCLUDING ANY STATEMENTS ARISING

FROM SECTION 2.9.6.2 THROUGH 2.9.6.5 OF THIS RFQ, OR SUCH OTHER INFORMATION RESPONDENT DEEMS

NECESSARY, VALUABLE, AND APPROPRIATE TO FULLY INFORM RRC OF RESPONDENT’S QUALIFICATIONS, EXPERTISE, AND SUPERIORITY IN SELECTION AS A VENDOR FOR CONTRACT AWARD.

2.9.6.2 Disclosures.

Each Response shall include (within Tab F Respondent’s Submittals) Respondent’s statements addressing the following disclosures:

2.9.6.3 Changes in Ownership Conditions. Respondent shall include a statement certifying Respondent will notify RRC of:

a. Any change in ownership during the period prior to Contract award, and

b. Any change in ownership during the term of the Contract or any extension or renewal period(s) thereof.

Respondent shall notify RRC in writing, immediately on or before the change in ownership occurs or is identified.

Failure of Respondent and/or Vendor to notify RRC as required herein shall be grounds for rejection of the Response and/or termination of the Contract.

2.9.6.4 Legal Actions. Respondent shall identify any pending or completed legal actions that were brought against

Respondent, Respondent’s agents, officers, and/or Respondent’s subcontractors, within the five-year period

RRC RFQ Page | 14 immediately preceding the Response due date and that relate to failure to perform contracted services, breach of contract, mismanagement of a contract, and/or assessment of any penalties or liquidated damages under any contract with any governmental entity. Respondent shall provide details related to jurisdiction of legal action or contract dispute, reason for penalties or liquidated damages, and penalties or liquidated damages amount for each incident.

2.9.6.5 Other. In addition to the disclosures stated above, Respondent shall include any disclosures necessary to conform with RFQ ATTACHMENT 2: Respondent’s Statements and Covenants. Respondent is strongly encouraged to carefully and thoroughly review each statement and covenant within RFQ ATTACHMENT

2: Respondent’s Statements and Covenants to determine applicability of disclosures and to ensure

Respondent’s Response includes all mandatory disclosure statements applicable to Respondent including, but not limited to, conflicts or potential conflicts of interest (see RFQ ATTACHMENT 2: Respondent’s

Statements and Covenants item 5.)

2.9.6.6 RRC RFQ ATTACHMENTS. TABLE 3 RRC RFQ Attachments of this RFQ is provided as a general guide only so that Respondent may note certain RRC RFQ Attachments that may be required to be returned with the Response submitted. TABLE 3 of this RFQ is not intended as a minimum, comprehensive, or exhaustive checklist of required elements of a Response. Respondent solely is responsible for review and understanding of the entire RFQ including all terms, conditions, specifications, attachments, and addenda, if any, issued and for ensuring a submitted Response contains all required elements and forms to be considered responsive to the RFQ.

TABLE 3. RRC RFQ ATTACHMENTS

Attachment Number: Name Return with Response?

Attachment 1: Statement of Services

Yes, Appendix B Rate Submission

Sheets only (TAB F)

Attachment 2: Respondent’s Statements and Covenants Yes (TAB F)

Attachment 3: Respondent’s Qualifications Statement form Yes (TAB F)

Attachment 4: HUB Subcontracting Plan (HSP) Yes (TAB F)

Attachment 5: Sample Equipment List and Specifications & Appendix B

Rate Submission Sheets Yes (TAB F)

Attachment 6: Sample RRC Contract No

Attachment 7: Performance Evaluation Standards No

Attachment 8: Federal Terms and Conditions No

Attachment 9: Federal Forms Please return Exhibit A, Exhibit B if applicable, and Exhibit C.

Attachment 10: Guidance on Adhering to Federal Terms and Conditions No

2.10 RESPONSE EVALUATION AND CONTRACT AWARD.

RRC intends to award one or more Contracts for Well Plugging and Related Services, throughout the state of Texas.

To determine highly qualified providers, Responses first shall be evaluated to determine pass/fail of criteria demonstrating responsiveness to this RFQ. Responses deemed responsive shall advance to weighted criteria evaluation and scoring. At conclusion of weighted evaluation and scoring RRC shall determine, in its sole discretion, whether to request oral presentations and/or engage in the Best and Final Offer (“BAFO”) process. RRC reserves the right to continue to evaluate Responses until achievement of best value to the State as defined by and in accordance with Texas Government Code §2155.074 and §2155.075. RRC likewise reserves the right to not award a Contract and to issue another solicitation if in RRC’s sole discretion the responses to this Solicitation are inadequate. Due to evolving business needs, RRC reserves the right to award contracts in phases based on priority of business needs in particular oil & gas districts.

2.10.1 RESPONSIVENESS. Each Response shall be evaluated to determine responsiveness to this RFQ.

Determination of responsiveness shall include, but may not limited to, pass/fail determination of a Response in:

a. Compliance with RFQ Part I, Section 3.3 Costs of Response Preparation;

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b. Compliance with RFQ Part II, Section 2.6 Historically Underutilized Businesses Requirements

(including all subsections);

c. Compliance with RFQ Part II, Section 2.9 Organization of Response (including all subsections); and

d. Compliance with RFQ Part III, Section 3.1 General Terms and Conditions.

A Respondent’s failure to comply with one or more requirements of the RFQ may result in the Response being deemed non-responsive and thereby disqualified from further consideration of award of a Contract. The list within this subsection is intended for general guidance only and is not intended as an exhaustive list of responsiveness criteria related to this RFQ. It is Respondent’s sole responsibility to thoroughly review the Solicitation and Contract

Documents of this RFQ, including all attachments and addenda issued, if any, to ensure understanding of requirements for responsiveness. All determinations of responsiveness to this RFQ shall be final.

2.10.2 WEIGHTED CRITERIA.

Responses that are deemed responsive shall undergo evaluation of weighted criteria and scoring to determine highly qualified Respondents based upon demonstrated competence and detailed credentials. Weighted criteria evaluation shall apply the best value standard for purchase of goods or services as set forth in Texas Government Code

§2155.074. Factors that may be considered include:

a. Qualifications of Respondent, Respondent’s personnel, and/or Respondent’s subcontractors;

b. Respondent’s ability to perform Well Plugging and Related Services required under the Contract and to promptly and timely provide Services without delay or interference;

c. Respondent’s experience successfully performing Well Plugging and Related Services according to

RRC Statewide Rules, federal and state statutes, regulations, rules and specifications is preferred and will be evaluated at a greater weight (past successful work experience for RRC will be considered);

d. Indicators of Respondent’s probable performance under the Contract. Indicators may include but not be limited to Respondent’s past performance on RRC projects, Respondent’s financial resources, and

Respondent's experience or demonstrated capability and responsibility in delivery of same or substantially similar services;

e. Respondent’s compliance with RFQ Response submission requirements;

f. Respondent’s acceptance of terms and conditions;

g. Respondent’s service range throughout the state, including the number of rigs available for use on RRC worksites, and their locations;

The criteria and respective weight to be used in determining the best value for the State are indicated in TABLE 4

Weighted Criteria of this RFQ.

TABLE 4: WEIGHTED CRITERIA

Criteria Weight

Respondent’s Organization and

Presentation to RFQ 30%

Respondent’s Qualifications 60%

Overall Clarity and Responsiveness 10%

Grand Total Maximum Score 100%

2.10.2.1 EVALUATION AND SCORING:

• Respondent’s Organization and Presentation to RFQ 30%. Evaluation and scoring shall include, but is not limited to, overall organization and presentation of Response, content in

Response TAB B EXECUTIVE SUMMARY including Respondent’s ability to meet and exceed minimum qualifications stated in this RFQ, content in Response TAB C EXPERIENCE AND

QUALIFICATIONS that demonstrates Respondent’s experience and success in delivery of same or substantially similar services as those required under this RFQ, demonstration of understanding of RFQ requirements, and content in Response TAB D RESPONDENT’S

APPROACH TO PERFORMING WORK UNDER THE CONTRACT, content in Response TAB F

RESPONDENT’S SUBMITTALS, and Respondent’s past performance as…