ESBD_375916_1725672051052_STDC Rider 7 25PM RFP.pdf

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REQUEST FOR PROPOSALS

Rider 7 PM2.5 Program Services and Air Quality Planning Activities

AQR72024

South Texas Development Council

Regional Services & Development Department

1002 Dickey Ln.

Laredo, TX 78043

Office: (956)722-3995

Fax: (956) 722-2670

RFP Release Friday, September 6, 2024 Deadline to Submit Questions Monday, September 16, 2024 Response to Questions Posted Wednesday, September 18 2024 RFP Proposals Due Monday, September 23, 2024, at 5:00 pm Notice of Award Monday, September 30, 2024

Notice: Prospective proposers who receive this document from a source other than

STDC or Texas Electronic State Business Daily websites, should immediately reference the o icial solicitation posting on these sites or contact STDC in order to access any addendums to the RFP of other communications that have been published. Any prospective proposer who fails to provide the agency with this information assumes complete responsibility for complete submission requirements.

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SOUTH TEXAS DEVELOPMENT COUNCIL

REGIONAL SERVICES AND DEVELOPENT DEPARTMENT

REQUEST FOR PROPOSALS

Rider 7 PM2.5 Program Services and Air Quality Planning Activities

AQR72024

Introduction

The South Texas Development Council (STDC) is a regional planning commission and political subdivision of the State of Texas organized and operated under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Texas Local Government Code. STDC is funded through federal, state, and local grants and assist local communities in the area of Jim Hogg, Starr, Webb, and Zapata Counties to plan for common needs, cooperate for mutual benefit, and coordination sound regional development. STDC is governed by a twenty

(20) member Board of Directors.

Mission Statement

South Texas Development Council is focused on providing a cost-e ective means to plan, coordinate, and implement regional strategies that will improve the health, safety and general welfare of our communities.

Regional Services and Development Department

The Regional Services and Development Department (RSDD) is responsible for a wide range of programs and projects. These include the Economic Development District (EDD), Community Economic Development Assistance under the Community Development Block Grant (CDBG), Regional Transit Coordination Planning, Public Safety Planning for Homeland Security and Criminal Justice initiatives, Housing, and Environmental Initiatives.

Purpose

STDC is seeking qualified firms to provide services for the Rider 7 expanded PM.2 Program.

The successful Proposer will conduct air quality planning activities for PM2.5 as mandated in the Rider 7 of the Texas Commission on Environmental Quality’s (TCEQ) Legislative Appropriation from the 88th Legislature.

The PM2.5 performance activities for this RFP procurement are restricted to inventorying emissions, monitoring of pollution levels, air pollution and data analysis, and modeling pollution levels. The intended focus area encompasses Webb County. The performance period is targeted to be October 1, 2024, through December 31, 2025.

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STDC reserves the right to negotiate with any or all the respondents for all or part of the following scope of work.

General Instructions

STDC shall not pay any costs or other amount incurred by any entity in responding to this RFP. STDC reserves the right to refuse and reject any and all submitted proposals that are deemed incomplete and/or missing any required information in respondence to this RFP. All proposals will become part of STDC’s o icial procurement files and will be available for public inspection unless marked otherwise as proprietary information.

Proposers should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

Proposals, which are qualified with conditional clauses, or alterations, or items, not called for in the RFP documents, or irregularities of any kind are subject to disqualification by STDC, at its option.

Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding STDC’s needs.

STDC makes no guarantee that an award will be made as a result of this RFP and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting Agreement when deemed to be in STDC’s best interest. Representations made within the proposal will be binding on responding submitters. STDC will not be bound to act by any previous communication or proposal submitted by the bidder other than this RFP.

Failure to comply with the requirements contained in this Request for Proposals may result in the rejection of your statement of qualifications.

Submitters must be signed by Proposer’s company o icial(s) authorized to commit such statement of qualifications and proposal. Failure to sign and return these forms will subject your statement of qualifications to disqualification.

Scope of Work

The contract or contracts will include air quality consulting services to STDC, for projects most useful for the State Implementation Program (SIP) and limited to any of the following activities:

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Inventorying emissions;

Monitoring of pollution levels;

Air pollution and data analysis; and Modeling pollution levels.

For each technical area, outline the approach to perform the work required and give previous project experience examples.

A. Inventorying PM2.5 emissions:

The Performing Party may expend Rider 7 funding on activities related to inventorying emissions. Emission inventory projects must be approved in advance by the TCEQ and will be limited to those most useful for the State Implementation Plan (SIP). To maintain consistency with the SIP, the Performing Party and its sub- guarantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with emissions inventories (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control e ectiveness parameters.

1. What emission data may be available for the STDC area?

2. What emission sources are most important to the STDC area?

3. What experience do you have with the models and methods used by the TCEQ in developing emission inventory data for the STDC area?

4. What methods would you use to identify sources of PM2.5?

B. Monitoring of PM2.5 pollution levels:

The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects under this grant should be limited to those most useful for SIP and must be associated with PM2.5 Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationery or mobile-based monitoring projects are potentially allowed on a case-by-case basis.

1. Explain what type of monitoring would be recommended for PM2.5 and would be beneficial for the STDC area?

2. What experience do you have with this type of monitoring?

3. Would equipment need to be purchased with these grant funds, and if so, what is estimated cost and where would equipment need to be located?

C. Analysis of PM2.5 air pollution levels and data emissions:

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The Performing Party may expend Rider 7 funding on activities related to air pollution and data analysis. Air pollution and data analysis projects under this grant should be limited to those most useful for the Sip and must be associated with PM2.5.

1. Explain what type of analysis and data emissions for PM2.5 would be beneficial for the STDC area and where would equipment need to be located?

2. Would equipment need to be purchased with these grant funds, and if so, where would the equipment need to be located?

3. What experience do you have with this type of analysis and data emissions?

D. Modeling Pollution Levels associated with PM2.5:

The Performing Party may expend Rider 7 funding on activities related to modeling of pollution levels. Pollution modeling projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5.

1. What experience do you have with models and methods in modeling pollution levels?

2. What modeling approaches would you anticipate using for the PM 2.5 work?

E. Cost of service – Proposers are to submit pricing for expenditures to be incurred by STDC for the performance of said services submitted in their proposals and be in keeping with fair market value and an expected budget of $106,875.

Statement of Qualifications

The successful Proposer(s) must include a Statement of Qualifications and demonstrate air quality consulting service experience in the above PM2.5 area identified in the SOW, with a special focus on small-urban, rural areas in Texas.

Statement of Qualifications must also include previous work experience and performances which will be used as part of the evaluation as described below in the evaluation section.

Proposal Requirements

STDC aspires to achieve as uniform a review process as possible to ensure the maximum degree of comparable balance among proposals received. Therefore, before submitting a proposal, make sure all items indicated below are returned with submitted proposals.

Proposers are expected to provide:

1. A list of past client regions, names, and contact information

2. Resumes of the implementation team.

3. Project Manager for each technical area.

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4. Firm’s current certificate of insurance for professional liability.

Attachment 1. Solicitation Request Acknowledgement Form Attachment 2. DBE Certification Form Attachment 3. Conflict of Interest Questionnaire *see note below Attachment 4. Suspension and Debarment Certification Attachment 5. References Attachment 6. DBE/HUB Subcontracting Attachment 7. Form PTN-130

* NOTE: When completing this Questionnaire, please be certain to answer each and every question; indicate “Not Applicable”, if appropriate. Please sign and date.

Proposal Format Instructions

1. TITLE OR COVER PAGE: Listing the following:

a. RFP name,

b. Name of firm, individual, or company

c. Local address

d. Telephone number

e. Fax number

f. Contact name

g. Email address

h. Date

2. TABLE OF CONTENTS (TOC): Clearly identify the material by section and page number.

3. LETTER OF TRANSMITTAL: Limit to one or two pages.

a. Briefly summarize proposer's understanding of required Rider 7 PM2.5 program services to be provided and make a positive commitment to perform the work in a timely manner.

b. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses, fax numbers, email addresses, and telephone numbers.

4. Proposal Narrative: Proposer’s response to: Scope of Work (pg. 3), Statement of Qualifications (pg. 4), and Proposal Requirements (pg. 5)

5. Detailed Cost Estimate

6. Required Attachments

All pages requiring initials, checkmarks, and/or signatures must be fully completed. It is understood that failure to provide the above items with a submitted proposal will diminish award consideration and STDC has the right to mark the proposal as non-compliant and treat it as a no-bid at their sole discretion.

Evaluation Criteria

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Proposals received will be evaluated and ranked according to the following criteria:

1. Experience (60%)

a. Qualifications of firm and sta – 30%

b. Necessary skills – 20%

c. Understanding of ETCOG area and local issues – 10%

2. Work Performance (25%)

a. Timely completion of previous projects – 10%

b. References – 15%

3. Capacity to Perform (15%)

a. Financial condition and Resources to Sustain Project – 5%

b. Demonstration of Professional Responsibility – 10%

Scoring

Submitted proposals will be scored numerically from ‘highest to lowest’ for award consideration by, but not limited to, the program evaluation criteria in the table below. The number of proposals selected for award consideration will be at the sole discretion of STDC.

Evaluation Criteria Points Experience and Expertise 60 Previous Work Performance 25 Capacity to Perform the Work 15

TOTAL 100

NOTE: A composite grade of a minimum of 70 points or more is required to be eligible for award consideration. The ratings will be based on the qualifications provided in the proposal by the closing date/time of the RFP.

Proposal Review

Proposal submissions will be reviewed by STDC sta to determine if proposal meets program needs and if requested information and required documentation as identified throughout the RFP document has been returned with submitted proposal.

An evaluation team made up of sta , outside evaluators, committee members, and/or other subject matter experts as deemed necessary to achieve the best possible results will evaluate and score submitted proposals.

STDC reserves the right to contact any source regarding, but not limited to, vendor reputation, product/service quality, work history, and/or past performance to evaluate/award the bid submission(s) that best meet STDC program needs, and clients served.

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The evaluation team’s preferred proposal shall be presented to the STDC Governing Board as a recommendation for award so the governing body(s) may make a final award decision.

Proposal must have an original signature of the person having the authority to bind the organization to a contract or it may be rejected for non-compliance.

In order for a proposer to be eligible to be awarded the contract, the proposal and statement of qualifications must be responsive to the solicitation and the STDC must be able to determine that the proposer is responsible and has the resources and capacity to perform the resulting contract satisfactorily. Responsive proposals are those that comply with all material aspects of the solicitation, conform to the solicitation documents, and meet the requirements set forth in this solicitation. Proposals which do not comply with all the terms and conditions of this solicitation will be rejected as non-responsive.

Submission Instructions

HARDCOPY INSTRUCTIONS: Hardcopy bid submissions must be clearly identified on the outermost return envelope or packaging and must be received by the bid submission date/time of 5:00 P.M., Monday September 23, regardless of if by mail, courier/delivery services, or hand delivered, at:

Courier Services:

South Texas Development Council Attn: Juan E. Rodriguez, Executive Director 1002 Dickey Ln Laredo, TX 78043

USPS Service:

South Texas Development Council Attn: Juan E. Rodriguez, Executive Director P.O. Box 2187 Laredo, TX 78044

Write: Company Name, RFP#, AQR72024 September 23, 2024, in bottom left-hand corner of the outermost Return Envelope/Package.

NOTE: Telephone, facsimile, or late bid submissions are not allowed in response to this RFP.

Proposers are to submit one (1) hardcopy marked ‘Original’ along with (4) four additional copies marked ‘Copy’ and submit one (1) electronic copy of proposal to include all required exhibits or related documentation. Electronic Copy may be submitted in PDF format in a USB drive or emailed to stdc@stdc.cog.tx.us. Please do not use 3-ring binders.

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Pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal. At least an eleven (11pt) point font of Calibri, Ariel, or Times New Roman is acceptable and must be legible.

It is the Proposer’s sole responsibility to prepare, submit, and deliver or arrange delivery of the RFP proposal(s) with all required exhibits and materials to the designated location on or before the published submittal deadline.

STDC will not bear liability for any costs incurred in the preparation and submission of submissions in response to this RFP.

RFP submission deadline time will be determined by the STDC lobby clock.

Courier or delivery services may or may not deliver directly to the specified location;

therefore, it is strongly recommended:

Proposers allow su icient time for delivery of a hardcopy proposal prior to the published deadline to the location specified in this section.

Proposers understand that failure to submit a proposal by designated deadline, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting contract award.

It is the Proposer’s sole responsibility to ensure any addenda or additional materials pertinent to their proposal be included in or with their RFP submission. STDC will not be held liable for missing addenda or materials at the time of the RFP Opening and said addenda or additional materials will not be accepted past the RFP submission deadline date and time.

Communications

There is to be no communication allowed, in any form, between STDC sta and representatives, other than conducting daily business unrelated to this RFP procurement, during the entirety of the RFP process. Intentional failure to follow this directive will result in rejection of Proposer participation and/or submitted RFP proposal.

Questions/Responses

QUESTIONS: Proposer questions for this RFP process are due Monday September 16, 2024, if not sooner, and must be emailed to Juan E. Rodriguez, Executive Director at:

jerodriguez@stdc.cog.tx.us and no one else.

RESPONSES: Responses to questions shall be posted on the Texas SmartBuy Electronic State Business Daily website. Proposers must go online to retrieve responses to all questions

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Proposal Opening

STDC reserves the right to a closed RFP process for bid submission review/analysis and award recommendation procedures to the best interest of and best benefit to STDC and programs served as well as ensure the best competitive edge for all parties, and in accordance to Texas Local Government Code:

Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR SUBMISSIONS. Bid submissions will be received until the deadline date/time as referenced under ‘RFP Timeline Schedule, (p. 1), and public attendance is allowed. However, only the names of submitting Proposers will be read and disclosed if received by the deadline date/time.

All bid submissions become the property of STDC after the RFP deadline/opening date.

Responses submitted shall constitute an o er for a period of ninety (90) calendar days or until a preferred selection for award is approved by STDC, whichever comes first.

All programs and employers under the auspices of STDC are following EEO. Auxiliary aids and services are available, upon request, to individuals with disabilities.

General Terms and Conditions

Any terms and conditions attached to a response will not be considered unless specifically referred to in the response. Texas Government Code § 2155.0012.

A response to this RFP does not committee or obligate STDC to award a contract nor pay for any other costs incurred prior to the execution of a formal contract.

STDC reserves the right to ask questions, request additional information or clarifications, hold individual interviews at any given time throughout the evaluation and negotiation process to determine the proposal which best meets the procurement needs being sought to the best benefit of STDC and programs served.

STDC reserves the right to reject any proposal submitted not using the correct active bid document whenever a re-bid of said procurement has been deemed necessary and marked as non-compliant.

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STDC reserves the right to allow corrections of ‘non-material’ errors or omissions at STDC’s sole discretion.

Submission of a proposal indicates Proposer's acceptance of the evaluation and award process and is in agreement that the evaluation team may make subjective judgments in evaluating the proposals to determine best value to best benefit STDC and programs served.

Proposers who are partnering with other companies or agencies must list the names of all service providers or joint providers and the amount to be spent by each partner. All sub awarded costs must be itemized in the budget so it is clear how the funds will be allocated and spent by each partner. Subawards may be written independently with each of the organizations.

If the execution of work to be performed by the Proposer requires hiring of subcontractors, it must clearly state this in the proposal. Subcontractors must be identified and the work they will perform must be defined. The proposal should provide the name, address, and Federal Employer Identification Number (FEIN) of the subcontractor. STDC will not refuse a proposal based upon the use of subcontractors; however, STDC retains the right to refuse the subcontractors the proposer selected.

Respondent may not assign the contract or assign, transfer or delegate, in whole or in part, any of its interest in, or rights or obligations under, the contract without the prior written consent of the STDC, and any attempted or purported assignment, transfer or delegation thereof without such consent shall be null and void.

STDC reserves the right to accept or reject any bid proposal received, as well as cancel the RFP in its entirety at any time during the entire bidding process including the negotiations phase if started, without notice or explanation, which may result due to unforeseen irregularities, low response, or program needs not being met by submitted proposals, and/or extend the RFP by up to two (2) additional weeks from original bid submission date if deemed warranted.

STDC may modify or waive any provisions set forth in this RFP for any reason and all herein mentioned without notice to anyone if deemed in the best interest of STDC and programs served.

STDC reserves the right to negotiate the final terms of any potential contract or service agreement resulting from this RFP to include but not limited to the RFP document, Proposer(s) submitted proposal, and the RFP exhibits and attachments, i.e., ‘STDC General Terms & Conditions,’ and the PTN-130 pages requiring valid signatures/dates, all acting as binding documents to said contract or service agreement. Signatures and signature dates are required and considered out of compliance if not properly executed in an active competitive bid process pursuant to RFP requirements.

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STDC reserves the right, should contract negotiations fail, to enter negotiations with the next highest ranked Proposer with a proposal considered best to meet program needs, and may continue in like manner until successful negotiations have been reached. Furthermore, although STDC has the right to negotiate with the next highest ranked Proposer, it is not required to do so and may re-procure or cancel the RFP at STDC’s sole discretion.

Execution of any resulting contract or service agreement is required prior to processing any payments to the successful Proposer.

Proposer shall indemnify and hold harmless STDC, its o icers, agents, and employees from any injuries or damages received by any person during any operations connected with an awarded contract, by use of any improper material, equipment, or by any act or omission of the Proposer/contractor or his subcontractor, agents, servants, or employees whenever applicable.

Proposer agrees to protect STDC from claims involving infringement of patent or copyrights, if warranted.

Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has

(1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Response to any competitor or any other person engaged in the same line of business as Respondent.

In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

Respondent understands that the STDC will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section

2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under

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Respondent certifies that for contracts for services, Respondent shall utilize the U.S.

Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

Conflict of Interest

Respondent represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Respondent will disclose in writing to STDC any and all existing or potential conflicts of interest relative to the performance of this

RFP.

Any firm who is ultimately selected to provide legal services to the STDC will be prohibited from engaging in or carrying on any legal activity on behalf of any client which is directly adverse to the STDC or its interests, without the specific written consent of the STDC Board of Directors. Waivers will be evaluated on a case-by-case basis. Any firm or attorney engaged to represent the STDC shall have a continuing duty to disclose such information.

Pursuant to Section 2155.003 of the Texas Government Code, Respondent represents and warrants that it has not given, o ered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the solicitation.

Suspension and Debarment

Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

Respondent certifies that the o ering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar

STDC RSDD-Rider 7 2.5 PM RFP 14 | P a g e ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at http://www.sam.gov. TEX GOVT CODE § 2155.077

Termination

The STDC shall have the right to terminate any contract for services at any time, with or without cause. The decision to terminate shall be at the sole discretion of the STDC. The contracting firm will be paid for all services actually rendered and all costs actually incurred prior to the date of termination, and such payment for services already completed shall be the total compensation due to such firm for termination.

Tax Liability The Proposer certifies that:

It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code;

signing and submitting the statement of qualifications is so certifying to such non-delinquency.

Respondent agrees that any payments due under the contract shall be applied towards any debt or delinquency that is owed to the State of Texas.

DBE/HUB Subcontracting

STDC shall ensure small, minority, disadvantaged, and women’s businesses are considered as sources for acquisitions whenever possible.

The proposer is encouraged to make a good faith e ort to consider HUBs when subcontracting. Some methods for locating HUBs include:

utilizing the Texas Comptroller of Public Accounts, Texas Smart Buy website http://www.window.state.tx.us/procurement/cmbl/cmblhub.html;

utilizing Web sites or other minority/women directory listings maintained by local Chambers of Commerce.

or advertising subcontract work in local minority publications; and/or contacting the contracting state agency for assistance in locating available HUBs.

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Right to Appeal

Pursuant to protocol to advise of the right to appeal, a protest must be submitted to STDC’s Executive Director within ten (10) calendar days of the time the basis of the protest became known and said protest(s) limited to:

1. violations of federal law or regulations;

2. violations of State or local law under the jurisdiction of State or local authorities; and

3. violations of STDC’s protest procedures for failing to review a complaint or protest.

The protest must be submitted in writing and must identify the protestor, the solicitation being protested and specifically identify the basis for the protest, providing all pertinent information regarding the solicitation, contract and/or actions of STDC.

PROPOSER COMPLIANCE

Proposer shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter a ecting the performance of the agreement including, if applicable, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, proposer shall furnish STDC with satisfactory proof of its compliance.

PROPOSAL AWARD NOTIFICATION

Once the successful proposer has been chosen, award notification shall be posted on the Texas SmartBuy Electronic State Business Daily website.

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ATTACHMENT 1

Solicitation Request Acknowledgement

Solicitation Number:

Solicitation Title:

The undersigned hereby proposes and agrees to be bound by the requirements, terms and conditions and any and all amendments issued by the STDC and made a part of this RFP as set forth or referenced in this RFP. The undersigned further certifies that he/she is legally authorized to make the statements and representations in its response to this solicitation and that said statements and representations are true and accurate to the best of his/her knowledge. The undersigned understands and agrees that when evaluating bids and making an award decision, the STDC relies on the truth and accuracy of the statements and representations presented in the bid response. Accordingly, the STDC has the right to suspend or debar the undersigned from this process and/or terminate any contract award that may have resulted from this solicitation if the STDC determines that any statements or representations made were not true and accurate. If awarded the undersigned agrees to furnish all services as described on the scope of services and any negotiations thereafter.

The undersigned hereby certifies and warrants that he/she has been fully authorized to execute this bid submission on behalf of their firm and to legally bind the firm to all the terms, performances, and provisions as herein set forth.

Executed this day of , 20 .

Signature of Authorized O icial:

Printed Name:

Title:

Firm:

SWORN AND SUBSCRIBED before me by:

On the day of , 20 .

Notary Public, State of Texas Commission Expires

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ATTACHMENT 2

SOUTH TEXAS DEVELOPMENT COUNCIL

Disenfranchised Business Enterprise (DBE) / Historically Underutilized Business (HUB) Proposer Identification Form

Solicitation Number:

Solicitation Title:

(Reproduce as necessary)

I HEREBY DECLARE AND AFFIRM THAT I AM THE and duly (Title) authorized representative of and I hereby declare and (Name of Firm)

A irm that I am a certified DBE and/or HUB.

This firm has a current DBE certification form the following agencies and/or state(s):

A copy of the current certification letter notifying the firm that it has been DBE/HUB certified must be attached to this form.

Check if Not Applicable (must sign below)

Signature:

Printed Name:

Date:

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Attachment 3

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Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

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Attachment 4

Suspension and Debarment Certification

Solicitation Number:

Solicitation Title:

Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. STDC does not do business with parties that have been suspended or debarred.

Firms receiving individual awards and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency.

Before an award can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency.

I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency.

Name of Firm:

Signature of Authorized O icial:

Printed Name:

Date:

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Attachment 5

SOUTH TEXAS DEVELOPMENT COUNCIL

REFERENFCES

Solicitation Number:

Solicitation Title:

Please provide three (3) references from entities other than STDC, but similar, who can verify performance of similar or like services rendered specific in nature to this RFP.

NOTE: Inaccurate, obsolete, or negative responses may result in rejection of quote proposals.

Reference One

Company Name:

Address:

Contact Person: Title:

Telephone #: Email:

Scope of Work Performed:

Contract Period:

Reference Two

Company Name:

Address:

Contact Person: Title:

Telephone #: Email:

Scope of Work Performed:

Contract Period:

Reference Three

Company Name:

Address:

Contact Person: Title:

Telephone #: Email:

Scope of Work Performed:

Contract Period:

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

Attachment 6

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HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Bid Open Date:

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - Nob.

c.

a.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

E-mail Address:

Is your company a State of Texas certified HUB?

Requisition #:

Phone #:

Fax #:

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- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

Non-HUBs

HUBs

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential…