ESBD_374075_1725996712346_802-25-46474_RFP_MuseumInterpretive Services.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSAL

RFP No. 802-25-46474

MUSEUM AND INTERPRETIVE SERVICES

NIGP Class/Items: 914-27; 914-38; 915-48; 920-18; 961-04; 961-90;

965-15; & 965-46

RFP Issue Date: September 10, 2024 Questions Due: September 18, 2024; 2:00 PM CT

Proposal Due Date: October 1, 2024; 2:00 PM CT

Purchaser: Nicole Ernzen, CTCD, CTCM

(361) 413-8984 nicole.ernzen@tpwd.texas.gov

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

RFP No. 802-25-46474 Page 2 of 62

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Scope of Work and Specifications

7. Contractor Requirements

8. General and Criminal Background Checks

9. TPWD Responsibilities

10. Procedure for Project Assignment After Award

11. Performance Measures

12. Adding New Products/Services to Contract After Award

13. Modifications of Contract Terms and/or Amendments

14. Insurance

15. Subcontracting

16. HUB Subcontracting Plan

17. Additional Terms and Conditions

18. Contract Administration

19. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

RFP No. 802-25-46474 Page 3 of 62

3. Proposal Content

4 Proposal Submission

5 Delivery of Proposals

6 Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

Exhibit A – Execution of Proposal

Exhibit B – Compensation and Fees

Exhibit C – Company Profile

Exhibit D – Key Personnel

Exhibit E – Past Projects with Corresponding References

Exhibit F – Technical Proposal

Exhibit G – Response Submission Checklist

ATTACHMENT 1 – SAMPLE PROJECT

ATTACHMENT 1.1 – FLOOR PLAN

ATTACHMENT 1.2 – PHOTOS

ATTACHMENT 1.3 – INTERPRETIVE MASTER PLAN

RFP No. 802-25-46474 Page 4 of 62

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1. Texas Parks and Wildlife Department (TPWD) is seeking Respondents to award multiple blanket contracts to provide a variety of Museum and Interpretive Services for the State Parks Division’s Interpretation Services Program, as required throughout the Texas State Parks and Historic sites, in accordance with the following scope of work and terms and conditions. Respondents may submit proposals for some, or all of the services listed herein.

1.2. Awarded Contractor(s) shall provide museum and interpretive services in partnership with and to augment the work of TPWD’s Interpretation Services Program according to the needs of each project. The work may involve travel to the park areas to meet with the park staff, inspect sites, assess rehabilitation of existing rehabilitation plans and/or scope of work, prepare cost estimates for the work, provide measurements, and fabricate and install exhibits.

2. BACKGROUND

2.1. It is the responsibility of TPWD’s Interpretation Services Program to plan, design, produce, and maintain museum and interpretive services for the Texas State Park system, including but not limited to, interpretive exhibits within visitor centers, wayside exhibits along trails and audio-tours. These professional exhibits and interpretations provide visitors with an engaging learning experience and the opportunity to make a personal connection to the natural resources and cultural heritage of Texas. Establishing contracts for statewide museum and interpretive services will provide TPWD with assistance in rehabilitating, replacing or producing new exhibits and interpretive media.

2.2. The size and scope of projects may range from design of simple outdoor interpretive signs to a full-scale design, fabrication and installation of a 1000+ square foot visitor center exhibit complete with multimedia and A/V components. An example of a previously completed project is provided as Attachment 1 to give Respondents an idea of the type of work that may be required under awarded contracts. See Attachment 1 – Sample Project. (The sample project will not be awarded as a result of this RFP.)

3. SOLICITATION METHOD AND INTENT

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

3.2. Intent: It is TPWD’s intent to identify Contractors and award multiple contracts for interpretive services and/or labor for fabrication and installation as needed for small, medium or large projects. After award, as TPWD identifies individual projects and funding, TPWD, at its sole discretion, will request a quote from one or more awarded Contractor(s) for a specific project. A Purchase Order will be issued to the Contractor determined to provide the best value to the agency for each project. It is TPWD’s sole discretion to determine best value. TPWD intends to use the selected Contractors, while reserving the right to obtain service from other sources or perform the services in-house. See also Section I, Subsection 10. Procedure for Project Assignment After Award.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on Date of Award and remain in effect until October 31, 2029, unless sooner terminated under the terms of the contract.

4.2. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified

RFP No. 802-25-46474 Page 5 of 62 products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

4.3. Amendments: Except as provided in the Contract, the Contract may be amended only upon written agreement between TPWD and Contractor; however, any amendment of the Contract that conflicts with the laws of the State of Texas shall be void.

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

4.5. Quantities: TPWD does not guarantee any minimum or maximum quantity of services or to allocate any specific dollar amount on any contract that may result from this RFP. TPWD reserves the right to increase or decrease quantities as needed for the same price. TPWD will only pay for actual services provided.

5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: Respondent (and awarded Contractor) shall meet the following minimum qualifications and experience to be entitled for consideration:

5.1.1. Shall be engaged in the business of providing high quality museum and/or interpretive services and related services for a minimum of three (3) years within the past five (5) years, producing goods/services similar in size and scope to that described in this RFP. Recent start-up businesses do not meet the requirements of this solicitation. Note: A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.

5.1.2. Shall have available the relevant qualified personnel, skills, qualifications, organization, facilities, equipment and supplies required to fulfill the services they propose to provide under this RFP and any resulting contract.

5.1.3. Respondent shall have and provide the following Key Personnel. Personnel may serve in multiple roles.

5.1.3.1. Customer Service Representative (CSR): A CSR with a minimum of three (3) years of experience within the last five (5) years with museum and/or interpretive services (applicable to those services Respondent is proposing to provide).

5.1.3.2. Team Members: Team members, each with a minimum of three (3) years of experience within the last five (5) years in the services described herein and shall have the knowledge to develop and implement the service requirements in this solicitation (applicable to those services Respondent is proposing to provide).

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

5.2. Subcontractors: Any subcontractor under the primary Contractor must meet the same qualifications as Contractor. Primary Contractor shall maintain all responsibility for work conducted under this contract as specified herein.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibits C, D and E with proposal to provide documentation that supports their qualifications and experience. (Ref: Section II, Subsection 3.3.)

6. SCOPE OF WORK AND SPECIFICATIONS

Contractor(s) shall provide Museum and Interpretive Services in accordance with the following specifications (for those products/services Respondent proposes to provide).

6.1. Services shall include, but are not limited to, any combination of the following activities:

6.1.1. Interpretive Services:

RFP No. 802-25-46474 Page 6 of 62

6.1.1.1. Creative Development

6.1.1.2. Graphic Design

6.1.2. Custom Artwork/illustration

6.1.3. Fabrication and Installation Services:

6.1.3.1. General Labor

6.1.3.2. Acrylic Fabrication

6.1.3.3. Glass Fabrication

6.1.3.4. Carpentry

6.1.3.5. Electrical /Lighting

6.1.3.6. Sculpture

6.1.3.7. Printing and Mounting

6.1.3.8. Mount making

6.1.3.9. Metalwork

6.1.3.10. Installation

6.1.3.11. Shipping and Delivery

6.1.4. Miscellaneous Services:

6.1.4.1. Project Record Documents

6.1.4.2. Drawings

6.1.4.3. Code Compliance

6.1.4.4. Coordination with Others

6.1.4.5. Owner Furnished/Design/Builder Installed Items

6.1.4.6. Warranties

6.2. Exhibit Design, Installation and Safety:

6.2.1. Exhibits will be installed in a high traffic area frequented by children. Although such behavior is discouraged, the possibility of visitors climbing on or hanging from exhibits exists. As such, the Contractor shall consider structural stability and tipping in the design and installation of exhibits.

6.2.2. Contractor shall comply with the requirements of the Americans with Disabilities Act in the design, if applicable. All areas shall be accessible to the disabled as required by law, including such elements as lighting, layout, and configuration of the space, and legibility of directional and interpretive signage.

6.2.3. Design the exhibits to minimize damage from visible and non-visible light spectrums, humidity, ambient air quality, temperature and environmental conditions, corrosive reactions and interacting materials.

6.2.4. Installation of exhibits shall allow code-compliant and comfortable traffic flow through the area.

6.2.5. Electrical wiring: Device cords shall be of the grounding type and any extension cords with multiple outlets provided by the Contractor shall be protected by an internal circuit breaker and provided with an integral disconnect switch.

6.2.6. All electrical devices shall be Underwriters Laboratories (UL) listed. Installations, new or altered, shall comply with the NFPA 70 - National Electrical Code.

6.2.7. All electrical artwork shall be equipped with a total power cut-off switch located in an accessible place adjacent to the artwork.

RFP No. 802-25-46474 Page 7 of 62

6.2.8. Exhibit artwork may not utilize any substance that may contain a potentially hazardous material that is accessible to the public through inhalation, skin contact, or ingestion.

6.2.9. Contractor must be on site for the entire installation, for projects requiring onsite installation.

6.3. Contract Pricing:

6.3.1. Services Pricing: Respondents are to complete Exhibit C, Compensation Schedule by filling in the proposed rates for the services specified in Subsection 7.1 above.

6.3.2. Materials, Products and Additional Services Pricing: Materials, products and additional services not listed above should be priced on a project basis at fair market value. All materials, products and products required for a given project shall be included in each Respondents’ bid package for the specific project.

6.3.3. As projects are identified by TPWD, it will be the Contractor’s responsibility to perform the work in house or subcontract services to vendors who will agree to work for rates agreed upon in this proposal. In proposing hourly rates for general and specialized labor, Contractors should consider the range of subcontractors that they may be utilized during the term of this contract and provide a reasonable hourly rate in proposals for this RFP. This may be a not-to-exceed rate or broken up into low skill, moderate skill, and highly skilled rates.

6.4. All goods and services shall be supplied, and services completed in a timeframe mutually agreed upon on, on a per project basis.

7. CONTRACTOR REQUIREMENTS

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

7.2. Contractor is responsible for all costs incurred in the performance of the contract. These costs shall include, but not be limited to all material, labor, equipment, or facilities unless otherwise provided for in this contract.

7.3. Contractor shall designate a Customer Service Representative (CSR) upon contract award. The CSR will be available as needed for communication and meetings via telephone, teleconferencing, and Internet. The Contractor shall have access to a stable and reliable email account that will allow for the exchange of information and PDF files.

7.4. The safety of staff and visitors is of paramount importance to TPWD. Accordingly, the Contractor shall follow relevant safety rules and conduct the work in a safe manner compliant with Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA), and all other relevant standards for public and workplace safety.

7.5. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services described herein and obtain such permits, licenses or other authorizations as required by project.

7.6. Contractor shall attend all scheduled meetings as required by each project’s scope of work and schedule.

Failure to attend a scheduled meeting without a minimum five (5) day prior notification to re-schedule may result in the work order being cancelled and project being reassigned.

7.7. Contractor shall be responsible for providing updated contact information to TPWD.

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

8. GENERAL AND CRIMINAL BACKGROUND CHECKS

8.1. Contractor represents and warrants that Contractor and Contractor’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised TPWD

RFP No. 802-25-46474 Page 8 of 62 as to the facts and circumstances surrounding the conviction.

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

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

9. TPWD RESPONSIBILITIES

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

9.2. TPWD will provide Contractors sufficient information on each project to allow for vendors to respond quickly and efficiently to specific projects as they become available.

9.3. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract or in the specifications for specific projects awarded under the contract.

10. PROCEDURE FOR PROJECT ASSIGNMENT AFTER AWARD

As TPWD develops specifications and funding for specific projects, TPWD, at its sole discretion, will request a quote from one or more awarded Contractor(s) identified to have the appropriate experience, and personnel for each project based on size and complexity. Each project will be awarded to the Contractor determined to be the best value to TPWD. Best value will be based on factors including, but not limited to, price, proposed approach to specific project, delivery schedule, previous experience and other factors as applicable. The evaluation criteria will be stated in the scope of work for each project.

10.1. TPWD will develop a Scope of Work (SOW) for each project.

10.2. The invited Contractor(s) may be required to visit the work site to attend at least one scheduled meeting before submitting quote. Site visit will be required for ascertaining the nature and location of the work and general conditions which can affect the work or cost thereof. Failure to attend site visit meeting may also disqualify Contractor from submission of quote. Failure to attend site visit meeting will not relieve Contractor from the responsibility for estimating properly the difficulty or cost of successfully completing the contract or constitute grounds for a claim after award. TPWD will assume no responsibility for any understanding or representation concerning conditions made by its employees, agents, or consultants prior to the execution of purchase order unless included in the Scope of Work. Contractor’s travel and related expenses for pre-quote meeting shall be at the Contractor’s expense and will not be reimbursed.

10.3. TPWD will establish the quote due date and time for each project (routinely 3 to 10 days, dependent on project complexity).

10.4. Contractors are responsible for all costs incurred for quote preparation, including but not limited to travel and related expenses for pre-quote site visit, labor and materials. Such expenses will not be reimbursed.

10.5. Contractor(s) shall submit itemized written quote, inclusive of all design, fabrication, mounting, labor and materials, or any other combination of services as specified in the project Scope of Work. All materials, products and services required for a given project shall be included in each Contractor’s’ bid package for the specific project, including but not limited to:

10.5.1. Itemized labor rate for each type of service – based on rates quoted using costs submitted in Exhibit B – Compensation and Fees.

10.5.2. Itemized cost of all other materials, products and services required to complete the project. These products/services should be priced at fair market value.

10.5.3. If there are travel costs related to project implementation, the travel costs shall be included in Contractor’s quote as a separate line item and be billed in accordance with the State of Texas Comptroller of Public Accounts’ Travel Allowance Guide. Visit the following websites for more information:

RFP No. 802-25-46474 Page 9 of 62 https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/index.php http://www.gsa.gov/portal/content/104877?utm_source=OGP&utm_medium=print-radio&utm_term=perdiem&utm_campaign=shortcuts

10.5.4. Shipping/freight charge estimate shall be included in the quoted budget as a separate line item.

10.5.5. The quote must contain a Not-To-Exceed (NTE) amount (excluding freight estimate and all incidentals).

10.6. TPWD will evaluate quote(s) and select the Contractor determined to provide best value to TPWD.

Awarded Contractor will receive a Purchase Order, advising them of project award.

10.7. Upon issuance of Purchase Order, TPWD Project Manager will initiate communication with Contractor to begin coordination of work.

10.8. All purchase orders issued for specific projects will reference the Contract number between Contractor and

TPWD.

10.9. Project Timelines: Goods and services shall be supplied in a timeframe specified in Project’s SOW. Project timelines shall include, but are not limited to, one or more of the following:

10.9.1. In-person kick-off meeting and design session(s) to flesh out concepts and sketches. This can be concurrent with first Conceptual Design deliverable.

10.9.2. Development of mock-ups and / or posters

10.9.3. Review of mock-ups / posters by TPWD Project Manager

10.9.4. Testing by TPWD or partners of mock-ups/ posters

10.9.5. Report with suggested revisions to components

10.9.6. Revision based on formative testing, development, and testing of prototype elements of signage and objects

10.9.7. Deliverable of prototype

10.9.8. Deliverable of exhibit plan per mutually agreed upon date

10.9.9. Proceed with fabrication once approved by TPWD Project Manager

10.9.10. Fabrication & inspection

10.9.11. Sign-off approval by TPWD (with any required conditions)

10.9.12. Installation by mutually agreed upon date

10.9.13. Bi-weekly progress reports summarizing project status are required

10.9.14. Invoice(s) submitted

10.10. If applicable to specific projects, Contractor shall:

10.10.1. Submit any drafts and proofs in accordance with the review strategy to be outlined in SOW for each project. Failure to submit the required drafts and proofs, in accordance with the approved project schedule, may result in work order being cancelled and project being reassigned.

10.10.2. Participate in a 30%, 50% and 90% phased design review to ensure that work progress is consistent with TPWD expectations and meets building code and safety requirements.

Installation issues will be addressed during these reviews.

10.11. Any increase to dollars allocated to the purchase order must be pre-approved by the TPWD Project Manager and TPWD Contract Manager. Contractor shall not proceed with additional work unless a written Purchase Order Change Notice (POCN) is issued prior to performing additional work.

10.12. Upon final acceptance of work, Contractor shall provide TPWD with digital files of all design work that are layered, editable and inclusive of all supporting assets as well as any other related documents or files that were used to complete the project at which point they shall become the property of TPWD. Reference Section III, Paragraph 23, Right to Data, Documents and Computer Software (State Ownership).

http://www.gsa.gov/portal/content/104877?utm_source=OGP&utm_medium=print-radio&utm_term=perdiem&utm_campaign=shortcuts http://www.gsa.gov/portal/content/104877?utm_source=OGP&utm_medium=print-radio&utm_term=perdiem&utm_campaign=shortcuts

RFP No. 802-25-46474 Page 10 of 62

10.13. Contractor shall not invoice agency for any amount above the agreed upon NTE amount (excluding freight estimate).

11. PERFORMANCE MEASURES

11.1. Contractor shall be responsible for the performance of any contractual obligations that may result from an award based on the solicitation and shall not be relieved due to non-performance of any or all subcontractor(s). By submitting a proposal, Respondent commits to providing the goods or services required in the RFP. The successful Respondent(s) shall be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

11.2. TPWD will measure and evaluate the Contractor and/or subcontractor(s) performance under this contract.

If the Contractor or subcontractor does not meet any scope of work and specification as defined in the RFP for deliverables, TPWD may reject the end product or negotiate remedies with the awarded Contractor on a project-by-project basis. TPWD’s Interpretive Services Program has ten (10) days from receipt of order to inspect and accept or reject product or services. All services and deliverables under the contract shall be provided by deadlines which are determined and agreed upon by TPWD staff.

11.3. Contractor shall address all warranty for the installation for at least one year; warranty work phone calls to the Contractor must be responded to within eight business hours.

11.4. Contractor shall make every effort to provide accurate information and high quality completed work. If it is determined the Contractor has made errors in the completed work submitted to TPWD, such work shall not be considered acceptable and shall be returned to the Contractor at their expense for the appropriate corrections to be made. The Contractor shall make the necessary corrections and revisions to the satisfaction of TPWD. These corrections and revisions shall be made at the Contractor’s expense. TPWD may at its discretion withhold final payment until all errors are corrected.

12. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to successful Respondent to quote on the proposed additional products/services. Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

13. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

13.2. The Contract may only be modified or amended upon mutual written agreement of Texas Parks and Wildlife

Purchaser(s) and the Contractor.

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

14. INSURANCE

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

Type of Insurance Each Occurrence/Aggregate Workers Compensation Statutory Employer's Liability

RFP No. 802-25-46474 Page 11 of 62

Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

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

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage - Each Occurrence $2,000,000 Aggregate Limit $5,000 Medical Expense Each Person $1,000,000 Personal Injury & Advertising Liability $2,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

Third Party Liability Combined Single Limit Bodily Injury and Property damage. $1,000,000 Each occurrence

Note: Workers’ Compensation and Liability insurance are required by an "employer" which is defined as "a person who employs one or more employees." If Respondent has no employees, such insurance is not required. If Respondent claims they have no employees, TPWD will require a statement to that fact.

14.2. Policy must contain:

14.2.1. An endorsement for officers and employees of any and all agencies of the State of Texas.

14.2.2. Insurance carrier shall notify TPWD 30 days prior to any renewal, cancelation and/or termination of the insurance policy related to these services and contract.

14.2.3. Insurance carrier shall provide TPWD with a certificate of insurance and assure that the awarded contract number is referenced below the insured information block.

14.3. Not later than ten (10) days following Notice of Award, the Contractor shall furnish to TPWD, for their approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Nicole Ernzen Purchasing.Bidbox@tpwd.texas.gov Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389-4677.

15. SUBCONTRACTING

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

16. HUB SUBCONTRACTING PLAN

16.1 HISTORICALLY UNDERUTILIZED BUSINESSES’ REQUIREMENTS: It is the policy of TPWD to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. TPWD has determined that subcontracting opportunities may be probable regarding contracts for individual projects (Purchase Orders) awarded as a result of this RFP. However, specific project details and potential subcontracting opportunities for each project cannot be identified at time of award of Blanket Contracts as a result of this RFP. Therefore, Respondents are NOT required to submit a HUB Subcontracting Plan (HSP) at time of RFP submittal.

16.2 If it is anticipated that a single project will exceed $100,000, and TPWD determines probable subcontracting opportunities exist, then the awarded Contractor shall be required to develop and submit a HUB Subcontracting Plan (HSP) that meets Good Faith Effort Requirements as identified by Texas Administrative Code, with their fee proposal for that single project purchase order and to comply with the HSP after it is accepted by TPWD and during the performance of the Purchase Order in accordance with TPWD policy.

16.3 The awarded Contractor shall administer this approved HSP throughout the Project and no changes shall be made to the HSP without written approval by TPWD. Contractors are required to submit a Progress Assessment Report (PAR) to TPWD HUB Administration no later than the 5th day of the month covering the prior month’s subcontracting payment information. The PAR is available at mailto:Purchasing.Bidbox@tpwd.texas.gov

RFP No. 802-25-46474 Page 12 of 62 http://www.window.state.tx.us/procurement/prog/hub/hub-forms/. TPWD HUB Administration monitors the prime contractor's compliance with the HSP and tracks subcontractor payments for reporting purposes.

17. ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions shall apply to the resulting contract(s):

17.1. Ownership: Any materials furnished to or developed by the Contractor for this service are and shall remain the property of TPWD. All materials shall be carefully maintained and shall be returned promptly when directed by TPWD. Return shall be to an address specified by TPWD. Returned materials shall be packaged adequately to assure delivery in good condition. The Contractor shall be responsible for replacement costs if any material is lost or damaged.

17.2. Copyright: The Contractor shall not sell, copy, establish any claim to statutory copyright, or distribute any data accumulated, records or programs produced for or during the term of the contract without written permission from the designated TPWD contract administrator.

17.3. Logo: The logo to be imprinted on the goods covered by this contract is copyrighted by TPWD. The Contractor is advised that permission for use of the logo is granted for meeting the requirements of the contract. Any person or company wishing to use this logo for other than this purpose must contact TPWD.

18. CONTRACT ADMINISTRATION

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

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

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

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

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

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

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

19. INVOICING AND PAYMENT

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

19.1. Contractor shall submit itemized invoice(s) based on the agreed upon rates outlined in Exhibit C, Compensation Schedule.

19.2. Contractor to submit invoice(s) to: Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744. A copy of the invoice is requested to be emailed to StateParks.Exhibits@tpwd.texas.gov.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

RFP No. 802-25-46474 Page 13 of 62

19.3. Itemized Invoices must show:

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

19.3.2. Name of receiving entity

19.3.3. Contract/purchase order number

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

19.3.5. Total price

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

19.3.7. Attach supporting documentation, as required

19.4. Invoice Frequency:

19.4.1. Contractor may invoice upon completion of project, or may submit monthly invoice for services performed, based on a percentage of the proposed amount agreed upon by the TPWD Project Manager. Contractor’s proposed payment schedule shall be included in the project proposal, and TPWD will review and confirm the payment schedule with project award.

19.5. Invoices must include supporting documentation such as time sheets, material costs and travel expenses incurred toward completion of each individual project.

19.6. Travel expenses will be billed in accordance with the State of Texas Comptroller of Public Accounts’ Travel Allowance Guide: https://fmx.cpa.texas.gov/fmx/travel/textravel/index.php

19.7. Payment will be subject to verification by TPWD, of the invoice and any supporting documentation requested.

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

19.8.1. Contractor is in breach of this contract;

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

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

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

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

19.10. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts.

19.11. Electronic payment may be available through some ordering entities. Contact Accounts Payable accounts.payable@tpwd.texas.gov at 512-389-4833 for additional information.

https://fmx.cpa.texas.gov/fmx/travel/textravel/index.php mailto:accounts.payable@tpwd.texas.gov

RFP No. 802-25-46474 Page 14 of 62

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

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

Event Date/Time RFP Issue Date: September 10, 2024 Questions Due: September 18, 2024; 2:00 PM CT Proposal Due Date: October 1, 2024; 2:00 PM CT

2. INQUIRIES

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

Nicole Ernzen, CTCD, CTCM, Purchaser Phone 361-413-8984 Texas Parks & Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 78744 Purchasing.Bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

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

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

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

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

Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3. PROPOSAL CONTENT

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

3.1 GENERAL RESPONSE FORMAT:

mailto:Purchasing.Bidbox@tpwd.texas.gov

RFP No. 802-25-46474 Page 15 of 62

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

3.2. REQUIRED RESPONSE CONTENT:

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

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

3.1.2 Exhibit B – Compensation and Fees: Respondents must submit Exhibit B. Exhibit B requires the listing or attachment of a comprehensive price lists for all the required services, as well as additional services that may not be specifically addressed within this solicitation. Exhibit B also requires a specific quotation for a sample job.

3.3 ADDITIONAL RESPONSE CONTENT:

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

3.3.1 Exhibit C – Company Profile: Submit completed Exhibit C or reasonable facsimile.

3.3.2 Exhibit D – Key Personnel: Submit requested information tabbed Exhibit D.

3.3.3 Exhibit E – Past Projects with Corresponding References: Submit requested information tabbed Exhibit E.

3.3.4 Exhibit F – Technical Proposal: Submit requested information tabbed Exhibit F.

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

4 PROPOSAL SUBMISSION

4.1 All proposals shall be received, and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 5. Late proposals will not be considered under any circumstance and will be returned unopened.

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

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

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

4.5 Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 5 below.

4.6 Telephone and facsimile proposals are NOT an acceptable response to an RFP. All submitted proposals become the property of TPWD after the RFP submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

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

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

RFP No. 802-25-46474 Page 16 of 62

5 DELIVERY OF PROPOSALS

5.1 E-MAIL submittals are preferred for this solicitation. If hard copies are submitted, Respondent shall submit to TPWD by one of the following methods:

6 EVALUATION AND AWARD

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

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

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

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

6.5 Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Contractor’s that provide more services will not necessarily have an advantage over ones that provide very specialized services. Responses will be evaluated according to the Respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight Compensation and Fees (based on Exhibit B – Sample Project Scoring) 30% Respondent Profile and Personnel (based on Exhibits C and D) 10% Past Projects with Corresponding References (based on Exhibit E) 40% Technical Approach, Understanding, Facilities & Equipment (based on Exhibit F) 20%

Total 100%

6.6 Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal.

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

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

6.7.2 BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, Respondent(s) shall submit a final price and any added

U.S. Postal Service Overnight/Express Mail Email

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744

TPWD – Mail Room Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

Purchasing.Bidbox@tpwd.texas.gov

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

RFP No. 802-25-46474 Page 17 of 62 value. If more than one Respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

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

6.8 AWARD: Award will be made based on the proposal(s) that present the best value to TPWD in performance of the service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.6 for Best Value criteria.) TPWD intends to make multiple awards as a result of this solicitation. TPWD reserves the right to negotiate price for specific future projects as they become available.

RFP No. 802-25-46474 Page 18 of 62

SECTION III – GENERAL TERMS AND CONDITIONS

MARCH 2022

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

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

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

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

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

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

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

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

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

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

1.7. Respondent: Any person or Vendor who submits a…