ESBD_365864_1722261859838_582-25-00009 Solicitation - Final.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: 07/29/2024

Type of Solicitation: Request for Proposal (RFP)

Name of Solicitation: Annual Occupational Medical Monitoring Program

Solicitation Number: 582-25-00009

Class 918, Item 78

Class 948, Item 46

Class 948, Item 74

Responses Due

September 4, 2024 at 3:00 PM Central Time

Pre-Proposal Conference

August 5, 2024, at 3:00 PM Central Time.

Pre-Proposal Conferences are held virtually, using Microsoft Teams Live Event. See Page 7 for further details.

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

Pre-Proposal Conference

Pre-Proposal Conference is not mandatory although highly recommended

Deadline for Submission of Questions

August 9, 2024 at 3:00 PM Central Time

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

August 16, 2024

Description:

The Texas Commission on Environmental Quality’s (TCEQ) Annual Occupational Medical Monitoring Program is to survey the health status of selected employees by means of annual medical examinations. TCEQ is seeking centrally located medical facilities to perform the Medical Monitoring Program annually at multiple regional locations. The purpose of this contract is to ensure that TCEQ meets its requirements under the law.

Texas Commission on Environmental Quality Page 1 of 88 Request for Proposal: 582-25-00009 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmIwMGY3ZDItYTc5Ni00NzgzLTkxZWMtOWNiMjUxMDg5Y2Rk%40thread.v2/0?context=%7B%22Tid%22%3A%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2C%22Oid%22%3A%22f4483e4d-7128-4bc0-b3d3-13a6663a0655%22%2C%22IsBroadcastMeeting%22%3Atrue%2C%22role%22%3A%22a%22%7D&btype=a&role=a

Historically Underutilized Business (HUB) Subcontracting Plan Note:

Subcontracting opportunities have not been identified. See additional information under the Responder General Instructions.

PURCHASING AUTHORITY:

• Professional Services (RFP) Gov’t Code Section 2254.003

Texas Commission on Environmental Quality Page 2 of 88 Request for Proposal: 582-25-00009

Solicitation Table of Contents

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This Solicitation

• Response Submission Procedure

• Responder General Instructions

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Statement of Qualifications Executive Summary Demonstrated Ability to Perform

♦ Company Organization ♦ Company Ability to Perform ♦ Company Past Performance o Responder’s Key Personnel Qualifications and Experience o Technical Approach o Price Form

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Federal Conditions and Forms

• Special Terms and Conditions

• General Terms and Conditions

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachment(s)

• Attachment A: TCEQ Regional Map

• Attachment B: Medical Monitoring Report

• Attachment C: Consent Form

• Attachment D: Release of Claims

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

• Responder’s Signature and Information

• Response Contents (not submitted as part of Response)

• Signed Cover Pages of Addenda

• Statement of Qualifications

• Responder’s Key Personnel Qualifications and Experience

• Technical Approach or Work Plan

• Price Form

• Preferences

Texas Commission on Environmental Quality Page 3 of 88 Request for Proposal: 582-25-00009

• Federal Forms

• HUB Subcontracting Plan Forms

• Certifications (not submitted as part of Response)

Texas Commission on Environmental Quality Page 4 of 88 Request for Proposal: 582-25-00009

TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Andrea Greenberg Telephone: (512)239-0645 Email: andrea.greenberg@tceq.texas.gov

Secondary Contact

Name: Yvette Owens Telephone: (512)239-5715 Email: Yvette.owens@tceq.texas.gov

Please allow one business day before contacting the secondary contact.

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

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

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

TCEQ Historically Underutilized Business (HUB)

HUB Coordinator Name: Claribel Diaz

Email: Claribel.Diaz@tceq.texas.gov

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

Texas Commission on Environmental Quality Page 5 of 88 Request for Proposal: 582-25-00009 mailto:andrea.greenberg@tceq.texas.gov mailto:Yvette.owens@tceq.texas.gov mailto:Procurements&Contracts@tceq.texas.gov mailto:Claribel.Diaz@tceq.texas.gov mailto:Maria.Rodriguez@tceq.texas.gov

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

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file. [Note: In this Solicitation, TCEQ also may request submission of additional documents, such as, the Price Form as an Excel file.] Responses to the Solicitation may only be submitted to TCEQ’s FTPS server. The email address is listed below.

Responder must:

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

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

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

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

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

FTPS User’s Quick Guide for Solicitations (https://www.tceq.texas.gov/agency/financial/contracts/index)

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

TCEQ FTPS Help Page.

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

Texas Commission on Environmental Quality Page 6 of 88 Request for Proposal: 582-25-00009 https://www.tceq.texas.gov/agency/financial/contracts/index https://www.tceq.texas.gov/agency/financial/contracts/index https://ftps.tceq.texas.gov/help/

Responder General Instructions

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

Pre-Proposal Conference

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

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

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

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page. Questions must be submitted to the following email address: Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email:

Solicitation Number, Solicitation Name, and the Due Date for Responses.

TCEQ will provide answers to questions in one or more addenda posted on the ESBD. TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

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

Changes to the Terms and Conditions

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

Cost of Preparing the Response

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

Quantity and Nature of the Work

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

Texas Commission on Environmental Quality Page 7 of 88 Request for Proposal: 582-25-00009 http://www.txsmartbuy.com/sp mailto:Procurements&Contracts@tceq.texas.gov https://www.txsmartbuy.com/esbd

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

TCEQ has not identified any subcontracting opportunities for this Solicitation [and/or] the value of the Solicitation is expected to be less than $90,000, including all renewals.

If the Responder’s proposal includes subcontracting opportunities or the potential value of any contract will exceed $90,000, including all renewals, then the Responder must include a HUB Subcontracting Plan.

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

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

Preparation of Responses

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses. Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected.

In order for the Response to be deemed responsive, the electronic version must contain the entire Response. Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

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

• Complete the applicable, required forms in this Solicitation.

• Create any other applicable documents.

• Insert all applicable documents behind cover pages for the specified tabbed sections. If there is no information to include behind a tab, include a page behind the cover page for the tab stating “Not Applicable”.

• All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Any maps may be submitted to allow for printing on 11-inch X 17-inch paper. Standard font size for the Response shall be 10 to 12 point. Charts and maps may use smaller font size, but not less than 8 point. Language shall be American English.

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

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

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

Texas Commission on Environmental Quality Page 8 of 88 Request for Proposal: 582-25-00009 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php containing a PDF of a signed Responder’s Signature and Information Page may not be considered.

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

Submission of Responses

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

• If the Response lacks required information or does not follow these instructions, the Response may be considered non-responsive and disqualified. TCEQ is not responsible for documents that cannot be read.

Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

• Responses cannot be altered, amended, or withdrawn after the Due Date and Time. To withdraw a Response prior to the Due Date and Time, the Responder must submit the request to:

Procurements&Contracts@tceq.texas.gov.

Due Date/Late Responses

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

TCEQ’s Acceptance of Responses

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

Evaluation

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

Texas Commission on Environmental Quality Page 9 of 88 Request for Proposal: 582-25-00009

Selection

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

• Accept the highest scoring Response without changes.

• Request clarifications, assurances, and corrections.

• Modify the selection criteria and apply it to BAFOs, provided that the modifications do not materially affect initial applicant eligibility or invitation to submit a BAFO. Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs).

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

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

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

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

Certification of Interested Parties

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

The Texas Ethics Commission has provided a list of Frequently Asked Questions and a link to the electronic filing application that must be used to file Form 1295 on their web site at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for your review.

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

Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts.

Texas Commission on Environmental Quality Page 10 of 88 Request for Proposal: 582-25-00009 https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

Public Information

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

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

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

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

Conflict of Interest

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

Texas Commission on Environmental Quality Page 11 of 88 Request for Proposal: 582-25-00009 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2

SECTION 2:

SCOPE OF WORK AND EVALUATION CRITERIA

Texas Commission on Environmental Quality Page 12 of 88 Request for Proposal: 582-25-00009

SCOPE OF WORK

I. PURPOSE

Under Federal Occupational Safety and Health Standards 29 CFR

1910.120 (f), the Texas Commission on Environmental Quality (TCEQ) is required to provide medical surveillance to certain employees. The purpose of this contract is to ensure that TCEQ meets its requirements under the law. TCEQ anticipates multiple awards to this Solicitation.

II. OBJECTIVE

The objective of the TCEQ's Annual Occupational Medical Monitoring Program (Medical Monitoring Program) is to survey the health status of selected employees by means of annual medical examinations. The TCEQ's Medical Monitoring Program is designed to encompass TCEQ employees whose work regularly poses the threat of them being exposed to hazardous substances per 29 CFR 1910.120 (f). TCEQ is seeking centrally located medical facilities to perform the Medical Monitoring Program annually at multiple regional locations. Please provide area(s) that your facility(ies) can cover according to the attached Regional TCEQ map (Attachment A).

Areas of coverage include:

• Region 1 – Amarillo and surrounding area

• Region 2 – Lubbock and surrounding area

• Region 3 – Abilene and surrounding area

• Region 4 – Dallas/Fort Worth and surrounding area

• Region 5 – Tyler and surrounding area

• Region 6 – El Paso and surrounding area

• Region 7 – Midland and surrounding area

• Region 8 – San Angelo and surrounding area

• Region 9 – Waco and surrounding area

• Region 10 – Beaumont and surrounding area

• Region 11 – Austin and surrounding area

• Region 12 – Houston and surrounding area

• Region 13 – San Antonio and surrounding area

• Region 14 – Corpus Christi and surrounding area

• Region 15 – Harlingen and surrounding area

• Region 16 – Laredo and surrounding area

Texas Commission on Environmental Quality Page 13 of 88 Request for Proposal: 582-25-00009

III. TASKS

To complete the medical survey the Contractor agrees to provide each TCEQ employee, identified by TCEQ as a participant of the Medical Monitoring Program, with an annual physical examination for the duration of the Contract period. The Contractor will provide adequate medical/nursing and other appropriate staff to perform the physical examinations. It will be the sole responsibility of Contractor to ensure that the content of the medical examinations satisfies all requirements of 29 CFR 1910.120 (f). Such examinations must include, at a minimum, the following testing procedures:

• physician's (MD)/nurse practitioner's (NP) examination.

• spirometry (pulmonary function test).

• chest X-ray.

• electrocardiogram (EKG).

• routine urinalysis and microanalysis.

• blood work which consists of complete blood count (CBC), RBC cholinesterase, blood lead, comprehensive metabolic panel (CMP), and lipid panel.

• audiogram.

• vision/color/depth perception screening; and

• The medical examination of employees who are respirator users consists of the above specified tests, but attention should be given to the evaluation of the skin, cardiac and pulmonary systems, and any history or symptoms of allergies. The examining MD/NP should also be alert to any personality or psychological factors that may affect respirator use. The examining MD/NP will evaluate the stress that may be associated with the assigned duties and respirator(s) used.

To ensure the MD/NP has adequate knowledge of the types and uses of respirators, the TCEQ employee will inform the MD/NP of the characteristics of the respirators, such as the use and type, frequency and duration of expected use, use in hot or cold environments, and any other characteristics which may be pertinent to the MD/NP's examination.

Where detailed medical standards for respirator users are not available, the MD/NP must form a medical judgment based on evaluation of respirator demands and stress, and the clinical findings for individual TCEQ employees.

The physical examinations will be scheduled and conducted by the Contractor in their clinic.

Texas Commission on Environmental Quality Page 14 of 88 Request for Proposal: 582-25-00009

IV. In-Clinic Exam

The in-clinic examinations will be conducted in the Contractor's following facility(ies):

1Name of Facility Facility Physical Address City, State, Zip Code Phone: xxx-xxx-xxxx

For in-clinic exams, the Contractor will use reasonable efforts to schedule the examination within three (3) weeks of an employee's request.

Examination kits will be provided to the employee when he/she is at the facility. A questionnaire along with a consent form will also be provided to the employee to be completed. (See Attachment C)

V. DELIVERABLES

A. Follow-Up Visit (if needed)

The Contractor's Board-Certified MD/NP will schedule and conduct a follow-up visit four to five weeks after completing the initial annual physical exam. The follow-up visit will include:

• distribution of medical monitoring individual reports;

• health education talk;

• provide immunizations to those TCEQ staff who need them; and

• private consultation for TCEQ staff who feels he/she needs it.

B. Written Review

The Contractor will complete a written review in a form 'Confidential - Medical Monitoring Report' attached with this Contract as Attachment B of each TCEQ employee's file within 60 calendar days of the date the physical examination is performed. The Contractor will provide a physician, or NP designee, who is Board Certified in Occupational Medicine to review all medical data derived from the physical examinations.

The form will also reflect the reason and any comments for not performing a test (i.e., pregnancy, employee refusal, etc.). If the MD/NP does not qualify the employee to use the respirator or limits physical activities, the reason(s) must be included clearly on the form.

The Contractor will call the TCEQ Office of Compliance and Enforcement (OCE) Division Support Work Leader within 48 hours to inform if there is an immediate concern of the employee's ability to

1 This information is used as an example for this Solicitation. Upon Contract award it will be modified to the awarded Contractor’s facility information.

Texas Commission on Environmental Quality Page 15 of 88 Request for Proposal: 582-25-00009 perform. After the initial call, the Contractor will submit a 'Confidential - Medical Monitoring Report' (Attachment B) for the employee with concern within seven calendar days to the TCEQ OCE Division Support Work Leader. If the physical examination determines limited abilities, the Contractor will submit a Medical Monitoring Report (Attachment B) to the TCEQ OCE Division Support Work Leader within seven calendar days.

C. Diagnose Occupational Disease and Notification

The Contractor will also maintain necessary staff and consultant expertise to diagnose occupational diseases. The Contractor will notify the TCEQ, via email to the TCEQ OCE Division Support Work Leader and within 15 calendar days from examination, of a work-related exposure, a work-related medical problem, inability to perform their job duties or wear a respirator due to an unspecified medical problem, or any need for additional testing. If the exposure or medical problem is not work related, Contractor will advise the TCEQ employee to seek further care from his/her own personal physician. The MD/NP will complete the necessary forms and provide a written evaluation consistent with federal regulation 29 CFR 1910.120.

D. Central Record System

The Contractor will have a central record system capable of compiling data, monitoring trends, and identifying suspect analyses. Records are to be kept confidential unless a release is signed by the employee.

Copies of records may be provided to the employee upon written request. Records are to be kept for a period of 30 years or for a period of time consistent with 29 CFR 1910.1020, whichever is longer.

VI. PROGRAM COST

The Medical Monitoring Program cost will be in accordance with the fixed rates provided Price Form of this Contract.

Texas Commission on Environmental Quality Page 16 of 88 Request for Proposal: 582-25-00009

EVALUATION CRITERIA

Responses and Best and Final Offers will be scored on the basis of factors constituting the best value and best interest of the state using the following general categories for which maximum possible scores are shown:

1) Statement of Qualifications – 30 points

2) Key Personnel Qualifications and Experience – 30 points

3) Technical Approach – 30 points

4) Price Form – 20 points

Total – 110 Points

The TCEQ may consider, for the assignment of points for Qualifications, information regarding the Responder’s past performance for TCEQ, other governmental entities and businesses.

1. STATEMENT OF QUALIFICATION

A. EXECUTIVE SUMMARY - 5 POINTS

The summary is to provide the TCEQ with a broad understanding of the proposal and provide the Responder an opportunity to describe any unique features.

B. DEMONSTRATED ABILITY TO PERFORM - 25 POINTS

I. COMPANY ORGANIZATION:

Describe the Company's organization including at a minimum: type of business organization, e.g., corporation, partnership, sole proprietorship, etc.; date established; state of incorporation; Texas authorization(s) to conduct business; location of your company headquarters; relevant branch offices.

II. COMPANY ABILITY TO PERFORM:

Give an overview description of the Company's resources you deem necessary to fulfill the requirements of the Scope of Work. Provide a general explanation and/or organizational chart which specify project leadership and reporting responsibilities. Include proposed number of personnel by discipline to be dedicated to perform the services for TCEQ.

The overall description should include the Company’s plan for managing resources, as well as an escalation hierarchy and contingency plan for handling any issues that may arise.

III. COMPANY PAST PERFORMANCE:

Responders shall submit information on the three (3) most recently completed contracts or contracts currently in progress for similar work to that described in the Scope of Work. Three (3) examples should also be provided by each listed subcontractor. These example contracts may include contracts with Federal, State and local governments, as well as commercial businesses. Some additional consideration/weight may be given to examples of projects that are similar to this project in type and scale or level of effort. Provide examples of entities comparable in size

Texas Commission on Environmental Quality Page 17 of 88 Request for Proposal: 582-25-00009 to TCEQ that have locations across the state. Demonstrate at least four

(4) years of experience in the type of work described in the SOW. Include the following information for each contract and subcontract:

1. Name of contracting activity.

2. Contract number, if applicable.

3. Contract title.

4. Brief description of contract or subcontract.

5. Total contract amount.

6. Period of performance.

7. Project or program manager and telephone.

8. List of major subcontractors (if applicable).

9. Description of the services and how they were delivered to participants

10. If the Responder has no relevant past performance history, the Responder must affirmatively state that it possesses no relevant directly related or similar past performance. If the Responder does not indicate whether past performance history exists, the Responder’s proposal may be considered ineligible for award.

11. List all work performed for the TCEQ as prime Contractor or subcontractor during the last twenty-four (24) months including contracts, purchase orders, and sole source and emergency procurements. For each specific project, list the TCEQ contact associated with the project and the TCEQ division and section in which the contact is or was employed.

Please be aware that TCEQ will review and take into consideration when evaluating past performance any information gained about a Responder from the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System.

2. RESPONDER’S KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE:

SELECTION CRITERIA: 30 POINTS

Description of company's area of physical facilities, laboratory, and key personnel deemed necessary to fulfill the requirements of the Scope of Work. Provide a general explanation and/or chart which specify project leadership and reporting responsibilities and indicates which team members will interface with TCEQ management. Team members might include personnel you deem necessary for TCEQ to evaluate your Response.

List all personnel who are available and key to providing the services described in the Scope of Work. For the personnel listed, Responder shall describe specific, relevant experience(s) including: contract numbers, dates and project officers/team leaders for projects listed. The Responder shall also provide detailed resumes for all key personnel designated to take responsibility for segments of the Work. The Responder shall include similar

Texas Commission on Environmental Quality Page 18 of 88 Request for Proposal: 582-25-00009 information for any subcontractors to be engaged for any Work under this Contract.

3. TECHNICAL APPROACH - SELECTION CRITERIA: 30 POINTS

Describe generally your technical approach for performing the services described in the Scope of Work. These descriptions are not expected to exhaustively illustrate all of the Responder’s capabilities but instead should provide examples of areas where Responder’s abilities can be of service to the TCEQ.

Please provide the following:

a. A detailed description of the technical approach for completing tasks,

b. A communication and escalation plan,

c. A schedule of Work,

d. Quality Assurance / Quality Control procedures for performing the

Work.

The Technical Approach must demonstrate that the Responder is able to competently perform all required services in accordance with the schedule and within the budget the Responder provides.

4. PRICE FORM - SELECTION CRITERIA: 20 POINTS

Propose your fully-loaded, firm, fixed prices or hourly rates. Prices shall include all costs of performance, including materials, equipment, labor, communication, and planning to successfully complete all services. All prices shall be considered as fully-loaded rates, that is, the rates include an accounting of all expenses. No other prices may be charged to TCEQ or paid by TCEQ. TCEQ may authorize reimbursement of specifically described necessary costs for items not on the Price Form if the authorization is made in writing prior to the Contractor incurring the cost. Individual pay item prices may be weighted according to estimated project usage during evaluation. The price score will be calculated per the formula below:

𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑆𝑆𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃 = �1 − Responder’s price total−Lowest price total of a Responder Highest price total of a Responder

� ∗ 20 𝑝𝑝𝑆𝑆𝑃𝑃𝑝𝑝𝑝𝑝𝑝𝑝

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SECTION 3:

DRAFT CONTRACT DOCUMENTS

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CONTRACT SIGNATURE PAGE

TCEQ Contract 582-25-00009: [Contract Name]

The Maximum TCEQ Obligation is $_______.

The Effective Date is the later of the date of the latest signature below or

_<<DATE>>>______.

The Expiration Date is <<Date>>.

This Contract is funded with federal funds.

CFDA Number:

Federal Grant Number:

Table 1

Parties to the Contract

Texas Commission on

Environmental Quality

(TCEQ)

(Contractor Name)

By (Authorized

Signature)

Sample Contract Signature Page

– Do Not Sign

Printed Name

Title

Date of Signature

Vendor ID Number

This row intentionally left blank

Procurement and Contracts Representative (Authorized Signature)

Printed Name

Public Purchasing Certification

Date

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CONTRACT DOCUMENTS LIST

The entire Contract between TCEQ and Contractor consists of the Contract Documents listed on this page.

• Contract Signature Page

• Contract Documents List

• Scope of Work

• List of Key Personnel

• Approved Price Form

• Federal Conditions and Forms (incorporated by reference when completed)

• Special Terms and Conditions

• General Terms and Conditions

• (If applicable) HUB Subcontracting Plan and HUB Progress Assessment Forms A(incorporated by reference)

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachments (listed below) o Attachment A: TCEQ Regional Map o Attachment B: Medical Monitoring Report o Attachment C: Consent Form o Attachment D: Contract Release of Claims

• Solicitation (incorporated by reference)

• Contractor’s Response to Solicitation (incorporated by reference)

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Federal Forms

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Federal Conditions and Forms Revised May 23, 2024

ARTICLE 1. FEDERAL REQUIREMENTS

This Agreement is funded in whole or in part with federal grant money. All applicable requirements of TCEQ’s federal grants; EPA grant policies and guidance; 2 Code of Federal Regulations (CFR) Part 200, including procurement standards; and any additional federal funding conditions that arise during the Agreement period, are incorporated herein by reference. TCEQ will provide copies of applicable federal grants or regulations upon request.

ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS

In accordance with 2 CFR 200.315, EPA has the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this agreement for Federal purposes. EPA may authorize another grantee to use copyrighted works or other data developed with EPA funds provided under this agreement to perform another grant when such use promotes efficient and effective use of Federal grant funds.

ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT

The Contractor shall acknowledge the financial support of the TCEQ and the U.S. EPA whenever Work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the TCEQ, shall carry the following notation on the front cover or title page:

PREPARED IN COOPERATION WITH THE

TEXAS COMMISSIONON ENVIRONMENTAL QUALITY AND

U.S. ENVIRONMENTAL PROTECTION AGENCY

This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to Texas Commission on Environmental Quality.

The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the EPA endorse trade names or recommend the use of commercial products mentioned in this document.

ARTICLE 4. RECYCLED MATERIALS

1. When Contractor procures $10,000 or more of a designated item in a fiscal year for this Contract or did so in the preceding fiscal year, Contractor will select the item containing the highest percentage of recycled materials practicable as required by 42 U.S.C. 6962 and 2 CFR 200.322. This requirement does not apply to incidental purchased that are not a direct result of this Contract. Designated items are listed by the EPA in the most recent Consolidated Recovered Materials Advisory Notice. If the item with the highest percentage of recycled materials does not meet performance standards or is not available in a reasonable time or at a reasonable price, or the purchase of the item would not allow a reasonable level of competition, Contractor may select a different item. With its invoice, Contractor will report any purchases to which this section applies to TCEQ and indicate the percentage of recycled materials in the items purchased. If Contractor does not select the item containing the highest percentage of recycled materials, it will also state the reason.

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2. Paper for Reports to EPA. When directed to provide paper documents, the Contractor agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA.

ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT

1. Contractor shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 2 CFR §

200.49. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects.

2. Contractor shall comply with the property management requirements of 2 CFR §§

200.310 through 200.316.

ARTICLE 6. RECORDS, ACCESS, AND AUDIT

1. The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TCEQ under this Agreement. The Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds pursuant to 2 CFR Part 200, Subparts D and F, as appropriate.

2. In accordance with 2 CFR 200.501(a), the Contractor shall obtain a single audit if it expends $750,000 or more a year in federal awards.

ARTICLE 7. SUSPENSION AND DEBARMENT

1. Contractor shall fully comply with Subpart C of 2 CFR Part 180, entitled "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532. Contractor is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Contractor acknowledges that failing to disclose the information required under 2 CFR § 180.335 may result in the delay or negation of this agreement or pursuance of legal remedies.

2. Contractor may access the System for Award Management by copying the following link:

https://www.sam.gov/content/home or typing “System for Award Management” in an internet search.

ARTICLE 8. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

1. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in the termination of this Contract or other legally available remedies.

2. Contractor agrees that qualified DBEs shall have the maximum practicable opportunity to participate in the performance of the Work required under this Contract through possible subcontracts to carry out portions of the Work or any goods or services procured to directly support the Work

3. The Contractor is required to make a good faith effort to include Historically Underutilized Businesses (HUBs) or DBEs on any procurement for subcontractors or suppliers/vendors for Work under this Contract.

4. TCEQ’s established fair share goals are as follows:

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MBE GOAL (%) WBE GOAL (%)

Construction 21.43 6.78

Equipment 22.05 6.27

Services 24.34 25.85

Supplies 31.06 17.66

5. If this Contract requires a HUB Subcontracting Plan (HSP) and Progress Assessment Reports (PARs), then compliance with the HSP and PAR forms satisfy the DBE good faith efforts and EPA subcontractor reporting forms.

6. If this Contract does not require a HSP with the proposal, then the Contractor must submit the following completed Forms:

a. DBE Program Subcontractor Utilization Form

b. DBE Subcontractor Performance Form

7. If this Contract does not require PAR forms, then the Contractor must submit EPA Form 5700-52a with each invoice (https://19january2021snapshot.epa.gov/sites/static/files/2014- 09/documents/epa_form_5700_52a.pdf). At minimum, this form shall include the name of the HUB or DBE; a description of the work, services, or materials provided; the amount paid to the HUB or DBE; and the name and telephone number of a contact person for the HUB or DBE.

8. The Contractor shall retain all records documenting compliance with good faith efforts whether performing under a HSP or the EPA DBE program.

9. Before terminating a DBE for convenience, the Contractor must notify TCEQ in writing.

10. If a DBE subcontractor fails to complete work for any reason, and the Contractor plans to procure a replacement subcontractor, the Contractor must demonstrate the same good faith effort to procure the replacement subcontractor.

11. The Contractor must pay its subcontractors for satisfactory performance no more than 10 days from the Contractor’s receipt of payment from TCEQ.

ARTICLE 9. PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION

1. The Contractor agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Contractor agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government in connection with obtaining any federal contract, grant, or other award, or in litigation against the United States unless authorized under existing law.

2. The Contractor shall submit to the TCEQ the EPA Certification Regarding Lobbying form and if applicable, the Disclosure of Lobbying Activities form. The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed.

3. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.

ARTICLE 10. CIVIL RIGHTS OBLIGATIONS

1. Statutory Requirements

a. In carrying out this agreement, the recipient must comply with:

i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance.

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ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and

iii. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance.

b. If the recipient is conducting an education program under this agreement, it must also comply with:

i. Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance.

c. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with:

i. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities.

2. Regulatory Requirements

a. The recipient agrees to comply with all applicable EPA civil rights regulations, including:

i. For Title IX obligations, 40 CFR Part 5; and

ii. For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 CFR Part 7.

iii. As noted on the EPA Form 4700-4 signed by the recipient’s authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator and providing notices of non-discrimination.

3. TITLE VI – LEP, Public Participation and Affirmative Compliance Obligation

a. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at https://www.federalregister.gov/documents/2004/06/25/04-14464/guidance-to-environmental-protection-agency-financial-assistance-recipients-regarding-title-vi.

4. If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR’s Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at https://www.govinfo.gov/content/pkg/FR-2006-03-21/pdf/06-2691.pdf.

5. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations.

ARTICLE 11. QUALITY ASSURANCE & DEMONSTRATION OF COMPETENCY

1. Quality Assurance Project Plan: If the Work involves environmentally-related measurements or data generation, unless TCEQ specifically provides otherwise in

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writing, the Contractor shall adhere to the most recent EPA-approved Program Quality Assurance Project Plan (QAPP).

2. In accordance with EPA directive FEM 2012-02 Rev. 1, “Policy to Assure the Competency of Organizations Generating Environmental Measurement Data Under Agency-Funded Assistance Agreements,” if the Work performed by the Contractor or any of its subcontractors under this Contract includes generating or using environmental data through sample collection, field measurements and/or laboratory analysis, then it must document and maintain certification demonstrating the competency of individuals using or generating environmental data under this Contract. Certification may include training records, certificates, or educational credentials.

ARTI…