ESBD_364601_1719336663968_TSSWCB Carrizo Cane Mapping RFP 06-25-24.pdf

REQUEST FOR PROPOSALS

FOR

CLASSIFICATION AND MAPPING CARRIZO CANE ALONG THE RIO GRANDE

RFP No. 592-24-RFP001

Response Due: July 25, 2024

5:00 pm

Prepared by

The Texas State Soil and Water Conservation Board 1497 Country View Lane

Temple, Texas 76504

Issued: June 26, 2024

TABLE OF CONTENTS

Section of RFP ............................................................................................................................................................Page of RFP Acronyms Section I – General Section 1.1 – Scope Section 1.2 – Contract Term Section 1.3 – Compensation Section II – Statement of Work Section 2.1 – Commodity/Service Requirements Section 2.2 Statement of Work Section 2.3 Scope of Work and Specifications Section 2.4 Required and Preferred Qualifications and Experience

Section III – Proposal Information Section 3.1 – Schedule of Events Section 3.2 – Revisions to Schedule Section 3.3 – Pre-Proposal Teleconference Section 3.4 – Proposal Requirements Section 3.5 – Inquiries Section 3.6 – Proposal Submission Section 3.7 – Delivery of Proposals Section 3.8 – Proposal Opening Section 3.9 – Proposal Evaluation and Award Section 3.9.5 – Contractor Proposal Evaluation Criteria Section IV – General Terms and Conditions Section 4.1 – Example Contract Exhibit A – Execution of Proposal Exhibit B – Map of Counties along Rio Grande where Carrizo Cane Management May Occur Exhibit C – HUB Subcontracting Plan

ACRONYMS

DIR – Department of Information Resources EPA – United States Environmental Protection Agency ESBD – Electronic State Business Daily GIS – Geographic Information System GPS – Global Positioning System HUB – Historically Underutilized Business MSDS – Material Safety Data Sheets PIA – Public Information Act PPA – Personal Protective Equipment Q&A – Question and Answer RFP – Request for Proposals SAM – System for Award Management SWCD – Soil and Water Conservation District TCEQ – Texas Commission on Environmental Quality TSSWCB – Texas State Soil and Water Conservation Board USDA – United States Department of Agriculture USPS – United States Postal Service VPAT – Voluntary Product Accessibility Template VPTS – Vendor Performance Tracking System

Section I General

1.1 SCOPE. The State of Texas, by and through the Texas State Soil and Water Conservation Board (TSSWCB), seeks proposals to utilize high resolution remote sensing, high resolution imagery, Geographic Information System (GIS), and deep learning technologies to accurately classify and map the spatial extent (at 15 cm) of Carrizo Cane (Arundo donax) along a 1000 feet width directly adjacent to the northern side of the Rio Grande River over its entire length of 1254 miles on the US side of the Texas-Mexico border in accordance with the specifications and terms and conditions contained in this Request for Proposals (RFP).

Project Background – Large dense stands of non-native invasive Carrizo cane flourish along the banks and floodplains of the Rio Grande and present significant risk to public safety. The presence of this invasive species contributes significantly to dangerous conditions people encounter when attempting to utilize or gain access to the banks of the Rio Grande. Continuous dense stands of Carrizo cane along the Rio Grande thwart law enforcement’s efforts (U.S. Border Patrol, Texas Department of Public Safety, TX Game and Fish, US Game and Fish) along the international border by impeding access and concealing the detection and surveillance of criminal activity. It restricts law enforcement’s ability to deal with illegal activity safely and efficiently.

Additionally, Carrizo cane impairs the ecological function and biodiversity of the Rio Grande. It is an extremely fast-growing plant able to grow four inches per day and reach a mature height of over 25 feet in 12 months. These stands of invasive riparian weeds not only present considerable obstacles to protecting the international border by law enforcement, they also inhibit access and visibility to agricultural inspectors and producers. Carrizo cane further harms agriculture by providing favorable habitat to livestock damaging cattle-fever-ticks (Rhipicephalus microplus and Rhipicephalus (B.) annulatus). Carrizo cane is considered one of the greatest threats to the health of riparian ecosystems in the southwestern United States, with significant negative impacts to biodiversity and ecological processes. Carrizo cane does not provide any food source or nesting habitats for native wildlife, and it is linked to sediment accumulation, channel constriction, and increased flooding frequency that threaten the riparian ecosystem of the Rio Grande. Carrizo cane is a noxious brush species that consumes precious water resources to a degree that is detrimental to water conservation. As a result of this weed’s high evapotranspiration capacity, Carrizo cane infestations threaten water supplies for agricultural and municipal drinking water uses in south Texas.

Problem Statement – In order to help meet the Governor’s border security priorities, the TSSWCB is charged with developing and implementing a program to eradicate Carrizo cane along the Rio Grande (codified at Agriculture Code §201.0225). The TSSWCB must develop a program that establishes long-term management of invasive Carrizo cane along the entire Rio Grande River, an international border with great ecological and cultural significance. Comprehensively addressing the impacts of Carrizo cane on border security are paramount to the program, while also accruing benefits to the ecosystem health of the Rio Grande, agricultural producers along its banks, and water user groups in south Texas. The program should : (1) Reduce Carrizo cane canopy, density, and biomass; (2) Improve border access for law enforcement officers; (3) Improve visibility to allow better detection of Illegal activities; (4) Restore ecological function, degraded riparian habitats, and biodiversity of the Rio Grande; (5) Enhance water savings by conserving water lost to evapotranspiration by Carrizo cane;

and (6) Protect agriculture by reducing cattle fever tick habitat. Addressing these issues require a comprehensive understanding of its extent and distribution.

Programmatic Capacity – The TSSWCB is a state governmental agency established by the Texas Legislature in 1939. The TSSWCB administers the State’s soil and water conservation law and delivers coordinated natural resource conservation programs to Landowners and agricultural producers throughout the state. The TSSWCB a) Is the lead agency responsible for planning, implementing, and managing programs for preventing and abating agricultural and silvicultural nonpoint sources of water pollution; b) Administers a water supply enhancement program to increase available surface water and groundwater supplies through the targeted control of water-depleting brush in areas in need of water conservation; c) Works to ensure the State’s network of 2,000 flood control dams is protecting lives, private property, and public infrastructure from flood damage; d) Works to improve border security along the Rio Grande through control of Carrizo cane; and e) Facilitates the Texas Invasive Species Coordinating Committee.

The 216 local soil and water conservation districts (SWCDs) serve as the State’s primary conservation delivery system through which technical assistance and financial incentives for natural resource conservation programs are channeled to agricultural producers and rural Landowners. SWCDs give farmers and ranchers the opportunity to solve conservation challenges locally, instilling in Landowners a stewardship ethic and individual responsibility for soil and water conservation. Many of the

TSSWCB’s programs are coordinated through the conservation delivery system of the 216 local SWCDs, including the Carrizo cane program. This Conservation Partnership is one of the most efficient and effective mechanisms for conducting natural resource conservation programs.

1.2 CONTRACT TERM. Contract services shall be provided for a period beginning on the Date of Award, which is the last signature date of the resulting Contract and ending on DECEMBER 31, 2024. TSSWCB may, at its sole discretion, exercise the option to renew the contract for up to three (3) additional one (1) year periods. To exercise the option to renew the contract, TSSWCB will notify the Contractor; such notice may be by Purchase Order issuance.

1.3 COMPENSATION. Compensation by the TSSWCB for work to be performed under this RFP, to utilize high resolution remote sensing, high resolution imagery, Geographic Information System (GIS), and deep learning technologies to accurately classify and map the spatial extent (at 15 cm) of Carrizo Cane along a 1000 feet width directly adjacent to the northern side of the Rio Grande River over its entire length of 1254 miles on the US side of the Texas-Mexico border, will be based on turnkey services.

1.3.1 Required Services:

1. All necessary labor, services, equipment, goods, materials, supplies, and any other need necessary or incidental, to successfully complete the required work

2. Contractor and personnel licenses and certifications

3. Technology and equipment necessary to provide tracking, validation, and reporting of services

4. Required insurance coverage

5. Contractor personnel employment screening, verification, and safety training

NOTICE: Any selected Contractor or selected Contractor’s employees, representatives, agents and any subcontractors shall serve as independent contractor in providing the services under any contract or purchase order resulting from this RFP. Contractor and their employees, representatives, agents, and any subcontractors ARE NOT employees of the State of Texas, and as such, will not qualify for any employee benefits available to state employees. The contracting entity, TSSWCB, will not pay unemployment, disability, or worker’s compensation insurance nor withhold taxes from payments to these contracted positions.

SECTION II

STATEMENT OF WORK

2.1 COMMODITY/SERVICE REQUIREMENTS. Commodities/Services shall include, but are not limited to, the requirements contained in this RFP. Commodities/Services set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Commodities/Services set forth that contain the words “may” or “can” allow Respondents to offer alternatives to the way the commodities/services are provided. The requested commodities/services and corresponding deliverables are as follows:

2.2 STATEMENT OF WORK

The TSSWCB is currently interested in considering Proposals under this RFP for management to utilize high resolution remote sensing, high resolution imagery, Geographic Information System (GIS), and deep learning technologies to accurately classify and map the spatial extent of Carrizo Cane along a 1000 feet width directly adjacent to the northern side of the Rio Grande River over its entire length of 1254 miles on the US side of the Texas-Mexico border. (“Required Services” in Section 1, 1.3.1):

2.3 SCOPE OF WORK AND SPECIFICATIONS

Objectives:

1. Carrizo Cane Mapping: Utilize remote sensing, high resolution imagery from a fixed wing aircraft (at a minimum 15cm), GIS, and deep learning technologies to map the spatial extent of the Carrizo Cane invasion in the project area.

2. Area Quantification: Distinguish Carrizo Cane from other land covers, including barren land, water, trees, and infrastructure and determine the total invaded area in the project area, and provide detailed county specific invasion statistics and maps.

3. Provide total square acreage of visibly invaded areas. Each individual area will be georeferenced for quick access to digital data.

Deliverables:

1. Detailed Project Report: A comprehensive report documenting methodologies, findings, analysis, and recommendations for Carrizo Cane management strategies.

2. Spatial Data and Maps: High-resolution invasion maps in PDF and digital shapefile formats, accompanied by county-wide statistics.

3. Aerial Imagery Dataset at a minimum of 15 cm resolution: A set of RGB and CIR aerial imagery tiles in GeoTiff format, utilized for analysis. The dataset will include imagery collected during a period of the year when Carrizo Cane is actively growing then entire length of the Texas border.

4. Executive Summary and Presentation: A succinct summary of the project outcomes and a detailed presentation for stakeholders, highlighting key findings and management recommendations.

5. Workshop/Webinar Series: Training sessions for state and local government officials on utilizing the project's data and maps for planning and management purposes.

6. Cloud-based storage is to be provided by the contractor for a minimum of five (5) years. Access to the data by the state agency shall be unlimited in nature and readily available upon request. Secure login credentials will be given to state employees designated by the state agency.

Methodology:

1. Utilization of high-resolution aerial imagery at a minimum of 15 cm resolution for the project area.

2. Development and training of a deep learning model for accurate classification of Carrizo Cane versus other land cover types.

3. GIS analysis to quantify the area of Carrizo Cane invasion and generate spatial distribution maps.

4. Validation of the mapping results through field surveys utilizing UAS mounted remote sensing and imagery collection devices technologies.

Project Management:

1. A project kickoff meeting to discuss objectives, timelines, and stakeholder roles.

2. Regular progress meetings with the Texas State Soil & Water Conservation representatives to ensure the project meets its objectives and timelines.

3. All detailed maps, analysis, reports, and portal access will be completed and due to TSSWCB no later than October 1st, 2024.

Quality Assurance:

1. Adherence to the highest standards of data collection, analysis, and mapping.

2. Rigorous validation of the deep learning model and mapping results.

3. Engagement of subject matter experts for review and validation of findings and recommendations.

Respondent shall provide, in their Proposal, documentation to support their qualifications, ability, and capability necessary for the specifications. The Proposal shall include descriptions of the Company Profile, Key Personnel, and Past Projects with Corresponding References. The TSSWCB will be the sole judge, in TSSWCB’s sole and absolute discretion, in determining the sufficiency of the Respondent's resources and ability to perform the services.

Project Objectives and Responsibilities

Contractor shall provide all necessary labor, transportation, services, equipment, goods, materials, supplies, and other resources or incidentals necessary to successfully complete the required work and additional services in accordance with specifications contained herein. Contractor is responsible for all costs incurred in the performance of the contract. The bid amounts Contractor provides in this Proposal are binding for completion of all required work in accordance with specifications contained herein (including all such costs).

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

2.4 REQUIRED AND PREFERRED QUALIFICATIONS AND EXPERIENCE

Required Qualifications and Experience:

1. Shall have a minimum of five (5) years of professional experience providing aerial photography and digital data collection services.

2. Shall have completed a minimum of five (5) projects within the last five (5) years. Names and contact information of references for past projects must be provided in Proposal.

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

Preferred Experience:

● Past performance on projects similar in size and scope of the project described herein.

Subcontractor Utilization:

Contractor may utilize qualified subcontractors that are vetted and approved beforehand by TSSWCB, for Required, Supporting, and Additional Services described in this RFP. Subcontractors providing services must meet the same requirements and level of experience as required of the Contractor. No subcontract should relieve the primary Contractor of responsibility for the service provided by a Subcontractor.

SECTION III PROPOSAL

INFORMATION

3.1 SCHEDULE OF SOLICITATION EVENTS. The TSSWCB intends to proceed with the solicitation process for this RFP according to the following schedule:

Event Date Issue RFP/ESBD Posting Date June 26, 2024 Pre-Proposal Teleconference July 10, 2024 Deadline for Submission of Questions July 11, 2024 Official Response to Questions will be posted on ESBD July 12, 2024 Deadline for RFP/Submission of Proposals July 25, 2024

3.2 REVISIONS TO SCHEDULE. The TSSWCB 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 (ESBD) website at http://www.txsmartbuy.com/esbd., as an Addendum to this RFP. It is the responsibility of interested parties to periodically check the ESBD website for such Addenda and other updates to this RFP prior to submitting a Proposal and thereafter. The Respondent’s failure to periodically check the ESBD will in no way release the selected Contractor from the requirements of addenda or additional information nor will any resulting additional costs to meet the requirements of the RFP and addenda be allowed after award(s). http://www.txsmartbuy.com/esbd., as an Addendum to this RFP. It is the responsibility of interested parties to periodically check the ESBD website for such Addenda and other updates to this RFP prior to submitting a Proposal and thereafter. The Respondent’s failure to periodically check the ESBD will in no way release the selected Contractor from the requirements of addenda or additional information nor will any resulting additional costs to meet the requirements of the RFP and addenda be allowed after award(s).

3.3 PRE-PROPOSAL TELECONFERENCE. The TSSWCB will host a pre-proposal teleconference in order to receive inquiries, questions, and requests for clarification concerning the terms and conditions and technical specifications of this RFP.

Participation in the pre- proposal teleconference is not mandatory. A pre-proposal teleconference is scheduled for Wednesday, July 10, 2024, at 10:00 a.m. (central daylight time, Temple, Texas). The call-in information for the pre-proposal teleconference is (415) 634-6763, passcode 781948. Respondents having difficulties accessing the teleconference should immediately call Amy Devereaux at (254) 913-9256.

3.4 PROPOSAL REQUIREMENTS. Submissions: Respondents shall submit one (1) original Proposal signed in ink. Submission should be on 8 ½ by 11-inch paper. Respondents shall submit one (1) original Exhibit A, Execution of Proposal and one (1) original Exhibit C. Proposal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the Proposal.

(a) Costs: The TSSWCB will not reimburse the Respondent for any cost related to its Proposal.

The Respondent is responsible for any expense related to the preparation and submission of its Proposal.

(b) The TSSWCB will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Government Code, Chapter 552, and may be disclosed to the public upon request.

The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific http://www.txsmartbuy.com/ exception to disclosure under the PIA applies.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA.

Subject to the PIA, Respondents may initiate the process to attempt to protect trade and confidential information from public release, subject to a decision by the Office of Attorney General. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type at least 14-point font.

(c) Contents: Listed below is a summary of all information to be included in a Proposal submitted in response to this RFP. The TSSWCB reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

(1) Include a complete description of the Respondent’s proposed approach and methodology for the project. This information should convey the Respondent’s understanding of the proposed project and how the Respondent proposes to accomplish the required service. Include a project schedule indicating when the project would be completed if awarded.

(2) Respondent Information: Include documentation specifying Respondent’s qualifications and experience relating to the minimum required qualifications and statement of work specified in this RFP;

and name, title, address, telephone number, facsimile number, and e-mail address of Respondent’s primary contact.

(3) Company Profile and Key Personnel critical to performance of statement of work

(4) The Respondent must provide evidence of the following: All contractors shall procure and maintain at own expense during the term of a contract or any extensions thereof, worker’s compensation and liability insurance as appropriate for performance of the resulting Contract and as specified in this

RFP.

(5) Exhibit A – Execution of Proposal: Failure to sign and return the Execution of Proposal with the submitted Proposal will result in rejection of the Proposal.

(6) References: Include a minimum of three (3) references from individuals familiar with Respondent’s qualifications and experience relating to the appropriate statement of work. Include contact names, positions, and company name and telephone number for each reference listed.

(7) Receipt of any addenda to this RFP should be acknowledged by returning a signed and dated copy of each addendum with the submitted Proposal.

(8) Exhibit C - HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN It is the policy of the Texas State Soil and Water Conservation Board to make a good faith effort to achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161 Subchapter F and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC Chapter 20. HUBs are strongly urged to respond to this RFP. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. The contractors who meet the qualifications are strongly encouraged to apply for certification as HUBs. ALL CONTRACTORS RESPONDING TO THIS RFP, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE WHO DO NOT PLAN

TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. THE HSP MUST BE INCLUDED AS PART OF THE PROPOSAL TO THIS RFP. FAILURE TO COMPLETE THE HSP AS INSTRUCTED WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION. Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond. Note that the contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to the Contractor for more than five (5) years. If the Contractor does not plan to subcontract, the Contractor must state that fact in their plan. The completed plan will become part of the contract that may be awarded as a result of this RFP.

Texas State Soil and Water Conservation Board HUB Goals: Other Services 26%

SUBCONTRACTORS - Subcontractors providing services must meet the same requirements and level of experience as required of the Contractor. No subcontract should relieve the primary Contractor of responsibility for the service. If the Contractor uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances: (a) Respondents planning to subcontract all, or a portion of the work must identify the proposed subcontractors on the HUB Subcontracting Plan. (b) Subcontracting must be at the Respondent’s expense. (c) the Texas State Soil and Water Conservation Board retains the right to check a subcontractor’s background and decide to approve or reject the use of submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between the Contractor and the subcontractor by Texas State Soil and Water Conservation Board. (d) The Respondent must be the only contact for the Texas State Soil and Water Conservation Board relating to work done under a Contract resulting from this solicitation.

HUB RESOURCES AVAILABLE - A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) Web site at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at StatewideHUBProgram@cpa.texas.gov.

If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

(d) Terms and conditions Attached to Proposal: Any terms and conditions attached to a Proposal will not be considered unless specifically referred to in the Proposal.

3.5 INQUIRIES.

3.5.1 All inquiries, questions, requests for clarification, or other communications concerning the terms and conditions and technical specifications of this RFP shall be submitted in writing by email to Amy Devereaux at adevereaux@tsswcb.texas.gov by July 11, 2024, 5:00 p.m. (central daylight time, Temple, Texas), the date listed as the deadline for submission of questions as specified in Section 3.1 above. Inquiries must reference the RFP number and opening date. To provide the TSSWCB with sufficient time to adequately prepare responses to inquiries, all questions must be submitted by the deadline.

3.5.2 Any inquiries, questions, requests for clarification submitted will be answered at the sole discretion of the TSSWCB in a Question and Answer (Q&A) Document posted on the ESBD. Only answers provided in writing by the TSSWCB shall be considered official. All inquiries, questions, requests for clarification should, to the degree possible, cite the specific RFP section and paragraph number(s) to which the question refers.

3.5.3 Except as otherwise provided in this Section, upon issuance of this RFP, until the Proposal submission deadline, employees and representatives of the TSSWCB will not answer questions or otherwise discuss the contents of this RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent Proposal. This restriction does not preclude discussions unrelated to this RFP.

3.5.4 The TSSWCB will not be bound by any oral statement or representation contrary to the written specifications of this RFP, and any addenda.

3.5.5 If respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent’s Proposal in response to this RFP and Respondent’s proposed mailto:adevereaux@tsswcb.texas.gov alternative must also be provided in the Proposal. Respondents cannot take a “blanket exception” to this entire RFP. If any Respondent takes a “blanket exception” to this entire RFP or does not provide proposed alternative language, the Respondent’s Proposal may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent. Respondents are strongly encouraged to submit written questions during the official question and answer period regarding any term or condition of this RFP and whether the TSSWCB may negotiate that provision under this particular RFP.

3.6 PROPOSAL SUBMISSION.

3.6.1 All Proposals (3 copies) shall be received, and time stamped by the TSSWCB at TSSWCB headquarters prior to July 25, 2024, at 5:00 p.m. (central daylight time, Temple, Texas), the date specified in the Schedule of Events above. TSSWCB reserves the right to reject late submittals.

3.6.2 Proposals should be placed in a separate envelope or package and correctly identified with the RFP number, submittal deadline, and RFP opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the Proposal to Amy Devereaux, TSSWCB, by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

3.6.3 Proposals submitted via telephone, facsimile, or email will not be accepted.

3.6.4 Receipt of any addenda to this RFP should be acknowledged by returning a signed and dated copy of each addendum with the submitted Proposal.

3.7 DELIVERY OF PROPOSALS. Proposals shall be submitted to the TSSWCB by one of the following methods:

U.S. Postal Service Overnight/Express Mail Hand Deliver

TSSWCB TSSWCB TSSWCB

Amy Devereaux Amy Devereaux Amy Devereaux 1497 Country View Lane 1497 Country View Lane 1497 Country View Lane Temple, TX 76504 Temple, TX 76504 Temple, TX 76504

Hours – M-F 8:00 AM to 5:00 PM (CT)

3.8 PROPOSAL OPENING. Proposals will be opened at 10:00 a.m. on July 29, 2024, at the TSSWCB headquarters located at 1497 Country View Lane, Temple, TX 76504.

3.8.1 All submitted Proposals become the property of the TSSWCB after the RFP submittal deadline/opening date. The submitted Proposals and accompanying documentation will not be returned.

3.8.2 Proposals submitted shall constitute an offer for a period of ninety (90) days after the Proposal opening or until selection is made by the TSSWCB, whichever occurs earlier.

3.9 PROPOSAL EVALUATION AND AWARD. Evaluation and selection will be based upon the best value to the State. As provided by statute, awards will be based on the lowest price and best value Proposals most advantageous to the State as determined by consideration of prices offered, quality, general reputation, and performance capabilities of the Respondents and service as related to past performance, suitability of items for the intended use, and conformity with specifications, terms, and conditions of this RFP.

3.9.1 The TSSWCB shall award Contract(s) to Respondent(s) with Proposals determined to be the best value to the State and considered to best meet the qualifications and requirements specified in this RFP.

3.9.2 Only a complete Proposal with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required documents may result in a Proposal being disqualified. Proposals that do not conform to the instructions included in this RFP may be rejected by the

TSSWCB.

3.9.3 A committee will be established to evaluate the Proposals. The committee will include employees of the TSSWCB and may include other persons invited by the TSSWCB to participate.

3.9.4 The TSSWCB reserves the right to award Contract(s) without any negotiations and reserves the right to not make any awards.

3.9.5 The evaluation committee will determine best value to the State by applying the following criteria and assigned weighted values:

Criteria Weight

1. Qualifications and experience in similar 30% projects as related to Statement of Work and past performance of State contracts

2. References as related to Statement of Work 20%

3. Length of time to complete scope of work 20%

4. Cost of Services 30%

TOTAL 100%

(a) Reference checks may include past performance evaluations. References may be scored on a pass/fail basis. Any negative responses received from listed references may be grounds for disqualification of the Proposal.

(b) The TSSWCB may break a tie by applying preferences under state law that were claimed in the Response.

(c) The TSSWCB may, at its discretion, elect to have Respondents respond to inquiries from the evaluation committee in order to clarify or verify their Proposals.

(d) Proposals will be evaluated in compliance with the provisions of Texas Government Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, and 34 TAC Chapter 20. In accordance with Texas Government Code §2155.077, a respondent’s past performance information will be obtained from the Comptroller's Vendor Performance Tracking System and shall be evaluated with the Respondent's Proposal. Respondents who have an unsatisfactory score or have had contracts (all or part of) canceled in the previous twelve (12) months for non-performance may not be considered for award.

The TSSWCB reserves the right to award a Contract to a single Respondent, or award Contracts to more than one Respondent, whichever provides the best value to the State in performance of this service. The TSSWCB will be the sole judge of best value.

(e) Selected Respondent(s) may be requested to attend a post award meeting in-person or via teleconference with the TSSWCB within 7 calendar days after the award of the contract. The purpose of the meeting is to discuss the terms and conditions of the contract and to provide additional information regarding the contract.

SECTION IV

GENERAL TERMS AND CONDITIONS

4.1 EXAMPLE CONTRACT. Any Contract awarded as a result of this RFP will contain the general terms and conditions listed below in this Section.

Notice: The following Contract is an example only.

CONTRACT TO

PERFORM BETWEEN

TSSWCB AND

Contract No.

This agreement (Contract #) is entered into by the Texas State Soil and Water Conservation Board (“TSSWCB”), an agency of the State of Texas, and (“Contractor”), located at .

I. Recitals

Whereas, on MONTH XX, 2024, the TSSWCB issued a Request for Proposals from qualified, independent contractor and, on MONTH XX, 2024, issued its official response to questions; and

Whereas Contractor submitted a Proposal dated , 2024, in response to the

RFP; and Whereas, Contractor was selected to ;

Now Therefore, the TSSWCB and Contractor hereby agree as follows:

II. Authority

This Contract is entered into pursuant to Agriculture Code §201.0225, and other sections of Chapter 201.

III. Services, Standards of Performance, and Contract Administration

Contractor shall provide the services and the deliverables described herein in the manner required by all of the following documents:

1. This Contract

2. Exhibit A: The Statement of Work (not included in this example Contract)

3. Exhibit B: The RFP (not included in this example Contract)

All of the above are attached to and incorporated as part of this Contract for all purposes. All of these documents constitute the Standards of Performance for this Contract.

In the case of conflicts between this Contract and any of the above exhibits, the following shall control in this order of priority:

1. This Contract

2. Exhibit A: The Statement of Work (not included in this example Contract)

3. Exhibit B: The RFP (not included in this example Contract)

4. Exhibit C: Contractor’s Proposal in Response to the RFP

Contractor shall provide all of the above services and all reasonably related services in accordance with the highest applicable professional standards of a contractor. Contractor represents and warrants that it has the requisite qualifications, experience, personnel, and other resources to perform in the manner required by this Contract.

Contractor represents and warrants that its performance of the services hereunder will not violate the terms or conditions of any license, confidentiality agreement, non-competition agreement, employment agreement or any other agreement to which Contractor, its agents, officers, employees or subcontractors may be subject. Contractor hereby represents and warrants that its performance of the services hereunder will be free from violations of any law.

The TSSWCB shall designate a Project Manager for this Contract. The Project Manager will serve as the point of contact between the TSSWCB and Contractor. The TSSWCB Project Manager shall supervise TSSWCB review of Contractor’s technical work, any deliverables including draft and final reports, payment requests, schedules, financial budget administration, and similar matters. The Project 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.

IV. Funding

All obligations of the TSSWCB are subject to the availability of the State legislative appropriations and to the availability of the federal funds applicable to the Contract. The Contractor acknowledges that the ability of the TSSWCB to make payments under the Contract is contingent upon the continued availability of funds. The Contractor further acknowledges that funds may not be specifically appropriated for the Contract and the TSSWCB’s continual ability to make payments under the Contract is contingent upon the funding levels appropriated for each particular appropriation period. The TSSWCB will use all reasonable efforts to ensure that such funds are available. The Contractor agrees that if future levels of funding for the TSSWCB are not sufficient to continue operations without any operational reductions, the TSSWCB, in its discretion, may terminate the Contract or a pending order under the Contract, either in whole or in part. In the event of such termination, the TSSWCB will not be considered to be in default or breach under the Contract, nor shall it be liable for any further payments ordinarily due under the Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The TSSWCB shall use reasonable efforts to provide reasonable written advance notice to the Contractor of any such Contract or order termination. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination, either on the particular order if an order is being terminated, or the Contract, if the Contract is being terminated. The TSSWCB shall be liable for payments limited only to the portion of work the TSSWCB authorized in writing and which the Contractor has completed, delivered to the TSSWCB, and which has been accepted by the TSSWCB. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination.

V. Personnel

Contractor shall assign only qualified personnel to this Contract. On the date of TSSWCB execution of this Contract, the TSSWCB Project Manager shall authorize the key personnel listed in this Contract to provide services under this Contract.

Contractor, in its reasonable discretion, reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required, as approved by TSSWCB. Contractor shall provide to the TSSWCB prior written notice and obtain written approval from the TSSWCB prior to any change in key personnel involved in providing services under this Contract to ensure proposed personnel meet the required qualifications and possess the skills necessary to accomplish the tasks and services required.

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract shall relieve Contractor of responsibility for ensuring the requested services are provided in accordance with all the terms and conditions hereof. If Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply:

(a) Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and submit the subcontractors’ information to TSSWCB.

(b) Contractor shall be fully liable for all errors, acts and/or omissions of its subcontractor(s) and shall indemnify TSSWCB for such errors, acts and/or omissions.

(c) Contractor shall bind each subcontractor to the applicable terms and conditions of the Contract for the benefit of the TSSWCB and shall ensure that such subcontractor complies with such terms and conditions.

(d) Subcontracting shall be solely at Contractor’s expense.

(e) The TSSWCB retains the right to check subcontractor’s background and approve or reject the use of proposed submitted subcontractors.

(f) Contractor shall be the sole contact for the TSSWCB. Contractor shall list a designated point of contact for all TSSWCB inquiries.

VI. Payments

Prior to authorizing payment to Contractor, the TSSWCB shall evaluate Contractor’s performance using the performance standards set forth in all documents constituting this Contract. Contractor shall provide reimbursement requests to the

TSSWCB Project Manager for Commodities/Services provided/performed. Reimbursement requests must be submitted on forms provided by the TSSWCB. Reimbursement requests must be approved by the Project Manager prior to reimbursement. No payment whatsoever shall be made under this Contract without the prior submission of detailed, correct reimbursement requests. Subject to the foregoing, the TSSWCB must make all payments in accordance with the Texas Prompt Payment Act, Government Code, Chapter 2251. Payments under this Contract are subject to the availability of appropriated funds. Contractor acknowledges and agrees that payments for services provided under this Contract are contingent upon TSSWCB receipt of funds appropriated by the Texas Legislature.

VII. Term and Termination

This Contract shall become effective on the Date of Award, which is the date signed by the appropriate official of the TSSWCB, and shall expire on December 31, 2024, unless otherwise sooner terminated as provided in this Contract. Agency may, in its sole discretion, exercise the option to extend the contract for up to three (3) additional one (1) year periods. To exercise the option to extend the term, TSSWCB will notify Contractor; such notice may be by Purchase Order issuance

Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract.

Termination for Convenience The TSSWCB may, in its sole discretion, terminate this Contract upon thirty (30) days written notice to Contractor. Such notice may be provided by certified mail, return receipt requested, and is effective upon Contractor’s receipt. In the event of such termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. The TSSWCB shall be liable only for payments for any goods or services ordered from the Contractor before the termination date and completed before the termination date.

Termination for Cause/Default If the Contractor fails to provide the goods or services contracted for according to the provisions of the Contract or fails to comply with any terms or conditions of the Contract, the TSSWCB may, upon written notice of default to the Contractor, immediately terminate all or any part of the Contract. Termination is not an exclusive remedy but will be in addition to any other rights and remedies as provided in equity, by law, or under the Contract. The TSSWCB may exercise any other right, remedy, or privilege which may be available to it under applicable law of the State and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless the TSSWCB notifies the Contractor in writing prior to the exercise of such remedy. The Contractor shall be liable for all costs and expenses, including court costs, incurred by the TSSWCB with respect to the enforcement of any of the remedies listed herein.

Rights upon Termination or Expiration In the event that the Contract is terminated for any reason, or upon its expiration, the TSSWCB shall retain ownership of all associated work products and documentation obtained from the Contractor under the Contract, including all drafts and final reports and any other Work and deliverables.

Survival of Terms Termination of the Contract for any reason shall not release the Contractor from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, warranties, dispute resolution, and invoice and fees verification.

VIII. Confidentiality and Public Information

Notwithstanding any provisions of this Contract to the contrary, Contractor understands that the TSSWCB will comply with the Texas Public Information Act, Government Code, Chapter 552, as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. The TSSWCB agrees to notify Contractor in writing within a reasonable time from receipt of a request for information related to Contractor’s work under this Contract. Contractor will cooperate with the TSSWCB in the production of documents responsive to the request. The TSSWCB will make a determination whether to submit a Public Information Act request to the Attorney General. Contractor will notify the TSSWCB Project Manager within twenty-four (24) hours of receipt of any third-party requests for information that was provided by the State of Texas for use in performing the Contract. This Contract and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act except as exempted under Agriculture Code §201.006.

Contractor agrees to maintain the confidentiality of information received from the State of Texas and any landowner during the performance of this Contract, including information which discloses confidential personal information particularly, but not limited to, social security numbers.

IX. Insurance and Other Security

Contractor represents and warrants that it will, prior to commencement of the work and not later than five (5) business days after executing this agreement, provide the TSSWCB with current certificates of insurance or other proof acceptable to the TSSWCB that all required insurance coverage is in full force and effect, and include a waiver of subrogation in favor of

TSSWCB.

Type of Insurance Each Occurrence/Aggregate Worker’s Compensation STATUTORY LIMITS Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 each Accident $1,000,000 each Employee $1,000,000 Policy Limit

Contractor represents and warrants that all of the required coverage is with companies licensed in the State of Texas, with an “A” rating from A.M. Best, and authorized to provide the corresponding coverage. Contractor also represents and warrants that all policies contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to the TSSWCB. Contractor represents and warrants that it shall maintain all required insurance coverage during the term of this Contract or any extensions thereof.

X. INDEMNIFICATION

RESPONDENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND TSSWCB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY. ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND TSSWCB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER

OF ANY SUCH CLAIM.

XI. DISPUTE RESOLUTION

The dispute resolution process provided for in Government Code, Chapter 2260,…