ESBD_357722_1714420766279_RFP 802-24-47040R BTTH - Nilgai Antelope Hunt.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-24-47040R

Big Time Texas Hunts - Nilgai Antelope Hunt

NIGP Class/Items: 945-49

RFP Issue Date: April 29, 2024 Questions Due: May 7, 2024; 2:00 PM CT

Proposal Due Date: May 17, 2024; 2:00 PM CT

Purchaser: Christina M. Brown, CTCD/CTCM 903-920-2185 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.

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Scope of Work and Specifications

7. Contractor Requirements

8. KEY PERSONNEL REQUIRMENTS

9. General and Criminal Background Checks

10. TPWD Responsibilities

10. Performance Measures

11. Adding New Products/Services to Contract After Award

12. Modifications of Contract Terms and/or Amendments

13. Insurance

14. Subcontracting

15. Contract Administration

16. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

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4. Proposal Submission

5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – PRICE SHEET

EXHIBIT C – COMPANY INFORMATION AND PROPOSED SERVICES

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – HUNT GUIDE PROFILE

EXHIBIT F – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT G – TEXAS IDENTIFICATION NUMBER (TINS) APPLICATION

EXHIBIT H – RESPONSE SUBMISSION CHECKLIST

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

Texas Parks and Wildlife Department (TPWD) is requesting proposals to provide high-quality guided big game hunting packages to be awarded as prizes in the Big Time Texas Hunts drawing in accordance with the following specifications. All hunts are to be conducted in Texas and must provide guide service, meals, lodging, and any required on-site transportation.

2. BACKGROUND

Big Time Texas Hunts are conducted by TPWD through the sale of entries in drawings to generate revenue used to fund efforts to provide additional public hunting opportunities to conduct wildlife research and perform wildlife conservation activities per the Texas Parks and Wildlife Code § 11.0271.

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 award multiple contracts for qualified hunting packages. It is TPWD’s sole discretion to determine best value. Respondent shall specify an all-inclusive total price per hunt package, including but not limited to guide service, meals, lodging, and any required on-site transportation. In addition, Respondent shall specify hunt location, number of days per hunt, and available hunt dates. TPWD will select a Contractor that has demonstrated to provide the best value to the agency for each project.

3.3. Response Period: Responses shall be binding for a period of sixty (60) business days from proposal due date. No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

3.4. TPWD reserves the right to award one contract per hunt, one contract for all hunts, or any combination.

Award to one or more vendors will be based on the proposal(s) that present the best value to TPWD and the State of Texas. It is TPWD’s sole discretion to determine best value.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on Date of Award and continue through August 31, 2025, 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. If renewal options are exercised, TPWD will provide the new timeline and delivery schedule to the vendor.

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 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.

https://statutes.capitol.texas.gov/Docs/PW/htm/PW.11.htm#11.0271

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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 by the issuance of a contract amendment document. Any amendments shall be within the original scope of services outlined herein and may not substantially alter the original specifications herein.

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

5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: A contract shall be awarded ONLY to a Contractor who is experienced in providing the services contained herein. Respondent (and awarded contractor) shall meet the following minimum qualifications:

5.1.1. Must be an experienced hunting guide or outfitter, engaged in the business of providing guided hunts for big game, and have a minimum of three (3) years’ experience in providing such services.

Recent start-up businesses do not meet the requirements of this solicitation. (A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.)

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

5.1.3. If an agent or employee of the landowner or outfitter will be acting as hunting guide, they shall have a minimum of three (3) years’ experience providing such services.

5.1.4. Shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

5.2. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Information and Proposed Services; Exhibit D – Key Personnel; Exhibit E - Hunt Guide Profile; Exhibit F – Past Projects with Corresponding References with proposal to provide documentation to support the above qualifications.

(Ref: Section II, Subsection 3.3.). Upon TPWD request, respondent shall provide additional supporting documentation/clarification. References must be verifiable by phone or e-mail within ten (10) working days of bid evaluation.

6. SCOPE OF WORK AND SPECIFICATIONS

Contractor shall offer one or more of the hunting packages in accordance with the following scope of work. Work shall include, but not be limited to, the following as applicable:

6.1. General Hunt Requirements:

These requirements are mandatory for all hunts specified in this section.

6.1.1. Geographic Location: Hunts must be provided in the state of Texas.

6.1.2. Accommodations: Contractor shall provide guide service, meals, lodging, and any required on-site transportation.

6.1.3. Documentation of Hunt: Contractors shall furnish a high-quality digital picture with a minimum of 600 dpi of the hunter(s) with harvested game to TPWD within thirty (30) days of completion of the hunt. Pictures should include the hunter(s) with the animal displayed in a respectful

RFP No. 802-24-47040R Page 6 of 42 manner suitable for use in program promotion. Contractor agrees to allow TPWD the use of these color photos for promotional purposes.

6.1.4. Guide Service: Full-time guide service and on-site transportation during the hunt is required.

6.2. Nilgai Antelope Hunt:

6.2.1. General Description: TPWD anticipates awarding a total of one (1) hunt package. Hunt package is for two (2) hunters. The length of each hunt period shall last approximately three (3) to five (5) days but no less than 3 days. Hunt periods including a weekend are preferred. Minimum of two

(2) full days of hunting activity, three (3) nights of lodging, and eight (8) meals for the hunter and hunting companion is required.

6.2.2. Accommodations: Contractor shall provide guide service, meals, lodging, and any required on-site transportation. Meals to include full hot breakfast, light lunch, and full hot dinner.

6.2.3. Hunt Dates: Hunt dates for initial contract term to occur within the prescribed season published in the 2024 – 2025 Texas Parks and Wildlife Outdoor Annual, available at https://tpwd.texas.gov/regulations/outdoor-annual/. Hunt dates for any renewal period to occur within the prescribed season for that renewal period. TPWD and contractor to mutually agree upon hunt dates.

6.2.4. Reasonable Opportunity of Harvesting: Hunt area must offer a reasonable opportunity of harvesting mature (mature as determined by the landowner/hunt provider) good to exceptional quality Nilgai Antelope bulls. Big Time Texas Hunts are to be conducted in accordance with standards of fair chase on property that will offer the hunter a reasonable opportunity of harvesting a good to exceptional quality animal of the target species. No guaranteed kill is required. For the purpose of big game hunts, “a reasonable opportunity” is defined as a hunt area in which the harvest of at least one animal of the specified target species within the prior 12 months is documented, and the hunter is expected to have at least a 50 percent chance of harvesting a mature bull. “Hunter’s choice” means that the hunter may select for harvest any animal of the specified target species encountered within the hunt area unless otherwise noted in the hunt specifications.

6.2.5. Bag Limits: Bag limit of two (2) nilgai bulls, hunter's choice, required.

7. CONTRACTOR REQUIREMENTS

7.1. 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, 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.

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

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

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

7.5. 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.

https://tpwd.texas.gov/regulations/outdoor-annual/ https://tpwd.texas.gov/regulations/outdoor-annual/

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

7.7. Contractor shall ensure the safety of all personnel and safe operation of all equipment.

7.8. Contractor shall make every effort to ensure public safety.

7.9. Contractor shall take precautions necessary to protect persons or property against injury or damage and be responsible for any such injury or damage.

8. KEY PERSONNEL REQUIRMENTS

8.1. Contractor shall provide a primary point of contact Contract Manager (CPM).

8.2. The CPM shall:

8.2.1. Serve as a constant primary point of contact for TPWD.

8.2.2. Have primary responsibility for the day-to-day operation of the services in accordance with the requirements of the contract.

8.2.3. Have the authority to issue, execute, grant, and provide any approvals, requests, notices and other communications that pertain to services being provided.

8.2.4. Oversee all of the services being performed.

8.2.5. Ensure all key personnel have and maintain all applicable current licenses and permits necessary to perform assigned duties under this contract.

8.3. TPWD reserves the right to waive any findings that do not impact the successful completion of the project and/or safety of TPWD staff or that of the public. It is TPWD’s sole discretion to determine potential impact or risk.

9. GENERAL AND CRIMINAL BACKGROUND CHECKS

9.1. Contractor represents and warrants that Contractor and Contractor’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised TPWD as to the facts and circumstances surrounding the conviction.

9.2. Contractor’s employees and subcontractors that will complete any services described herein will be subject to a criminal background check. A complete criminal background check shall be completed before award of a Contract(s) for any employee that performs services and may be requested at any time thereafter.

9.3. TPWD reserves the right to waive any findings that do not impact the successful completion of the project and/or safety of TPWD staff or that of the public. It is TPWD’s sole discretion to determine potential impact or risk.

10. TPWD RESPONSIBILITIES

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

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

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10. PERFORMANCE MEASURES

10.1. TPWD will monitor vendor performance. Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered by TPWD as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, cancellation of the contract, or both.

10.2. TPWD will measure and evaluate contractor’s performance under the contract. If the Contractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

Remedies shall include negative vendor performance report, corrective action plans, and withholding of payment due to poor performance and contract non-compliance.

10.3. Contractor shall be responsible for the performance of any contractual obligations that may result from an award based on this RFP and shall not be relieved due to non-performance. By submitting a proposal, the Respondent commits to providing the services required in this RFP.

11. 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 may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

12. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

12.2. Where found to be in the best interest of TPWD, this contract may be amended in writing to provide for additional services, provided that such additional services are within the scope and intent of this contract.

12.3. The Contract may only be modified or amended upon mutual written agreement of TPWD Purchaser(s) and the Contractor. Verbal changes are not allowed.

12.4. 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.

13. INSURANCE

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

Type of Insurance Each Occurrence/Aggregate Workers Compensation STATUTORY LIMITS

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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

Commercial General Liability General Aggregate Applies Per Project

$2,000,000 Aggregate $5,000 Medical Expense each person $50,000 Damage to Premises Rented to You $2,000,000 Products Completed Operations $1,000,000 Personal & Advertising Liability $1,000,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

13.2. 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.

13.3. 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.

13.4. Workers’ Compensation is required by an ‘employer’ which is defined as “a person who employs one or more employees”. If respondent has no employees, such insurance is not required. If respondent claims they have no employees, TPWD will require a statement to that fact.

13.5. 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: Nicole Ernzen / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389- 4677.

14. SUBCONTRACTING

Refer to Section III – General Terms and Conditions, Paragraph 56 – Subcontractors.

15. 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 Branch. 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:

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

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

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

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

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

16. INVOICING AND PAYMENT

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

16.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith

School Road, Austin, Texas 78744.

16.2. Invoices must show:

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

16.2.2. Name of receiving entity

16.2.3. Contract/purchase order number

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

16.2.5. Total price

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

16.2.7. Attach supporting documentation, if required

16.3. Payment:

16.3.1. 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.

16.3.2. 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:

16.3.2.1. Contractor is in breach of this contract;

16.3.2.2. 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;

16.3.2.3. 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;

16.3.2.4. 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.

16.3.3. 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.

16.3.4. 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.

16.3.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at

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512-389-4833 for additional information.

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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: April 29, 2024 Questions Due: May 7, 2024; 2:00 PM CT Proposal Due Date: May 17, 2024; 2:00 PM CT

2. INQUIRIES

2.1. 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:

Christina M Brown, Purchaser Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744

Contact Info:

Phone 903-920-2185 Fax 512-389-4677 Email: purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 2.1. 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.

2.3. 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.

2.4. 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 http://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 solicitation requirements.

2.5. 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

2.2 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 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.

http://www.txsmartbuy.com/esbd

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3. 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.

3.1. GENERAL RESPONSE FORMAT:

3.1.1. EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION in accordance with

Section 4.

3.1.2. If submitting hard copy Proposals, Respondent shall submit one (1) original proposal (marked Original). In addition, Respondents shall submit one (1) copy of the proposal. Pricing should not be included in the submittal copies. Submissions should be on 8-1/2 x 11-inch paper and tab-indexed corresponding to the sections/exhibits listed below. (Plastic spine-bound or wire-bound submittals are highly discouraged.

3.2. 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.

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

3.2.2. Exhibit B – Price Sheet: Include completed Exhibit B – Price Sheet. Pricing should not be included in the submitted copy.

3.3. 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 may result in disqualification of the proposal.

3.3.1. Exhibit C – Company Information and Proposed Services: Include completed Exhibit C (or reasonable facsimile). Respondent must submit sample menus with the response. Company website, brochure(s), and other information should be provided with the response.

3.3.2. Exhibit D – Key Personnel: Include completed Exhibit D (or a reasonable facsimile or resumes).

3.3.3. Exhibit E – Hunt Guide Profile: Include completed Exhibit E (or a reasonable facsimile or resumes); hunter(s) must provide a brief profile that clearly demonstrates their qualifications and experience performing guided hunt services.

3.3.4. Exhibit F – Past Projects with Corresponding References: Include completed Exhibit F (or reasonable facsimile). A minimum of two (2) previous guided hunt services and references must be provided.

3.3.5. Exhibit G – Application for Texas Identification Number: Include completed and signed application with the response.

3.3.6. 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.

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4. PROPOSAL SUBMISSION

4.1. 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 5. Late proposals will not be considered under any circumstance and will be returned unopened.

4.2. EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION in accordance with Section II, Subsection 5.1.

4.3. If submitting proposal via mail or delivery, 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.

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

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

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

4.7. Telephone, proposals are NOT an acceptable response to an RFP. 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 sixty (60) days or until selection is made by TPWD, whichever is earlier.

4.8. 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.

5. DELIVERY OF PROPOSALS

5.1. EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION. Submit your response to purchasing.bidbox@tpwd.texas.gov. Provide bid due date and solicitation number in the subject line of email.

5.2. If hard copies are submitted, hard copy shall be submitted to TPWD by one of the following methods:

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

NOTE: Proposals must be date stamped by TPWD prior to the due date and time.

6. EVALUATION AND AWARD

6.1. 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 solicitation.

6.2. Cash discounts offered by the respondent will NOT be a factor in proposal evaluation.

mailto:purchasing.bidbox@tpwd.texas.gov

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6.3. Proposals may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser’s name identified in Section II, Subsection 2 above will be acceptable as a written notice for withdrawn. No proposals will be returned after award.

6.4. 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.

6.5. 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 Pricing (Ref: Exhibit B) 50% Qualifications & Experience (Ref: Exhibits D, E, and F) 25% Proposed Services and Location of hunt (Ref: Exhibit C) 25%

Total 100%

6.6. 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.

6.6.1. 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.

6.6.2. 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.

6.6.3. Prior to award, TPWD reserves the right to request additional relevant information. Failure to submit the required information may be cause for rejection of the response.

6.7. 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.

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

6.7.2. Oral Presentations: TPWD may, at its discretion, elect to have respondents provide oral presentations of their proposals.

6.7.3. 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.

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

6.8. 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. 802-24-47040R Page 16 of 42

SECTION III – GENERAL TERMS AND CONDITIONS

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 exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

http://www.txsmartbuy.com/esbd

RFP No. 802-24-47040R Page 17 of 42

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 to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177 of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance

System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

http://www.txsmartbuy.com/vpts

RFP No. 802-24-47040R Page 18 of 42

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments.

All costs of testing and inspection shall be borne by the Respondent. In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

RFP No. 802-24-47040R Page 19 of 42

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service.