ESBD_381626_1730307525043_580-25-RFP-0006 _GIS Forum Event Mgmt.pdf

REQUEST FOR PROPOSALS NO. 580-25-RFP-0006

FOR

EVENT PLANNING AND MANAGEMENT SERVICES

CLASS-ITEM CODE(S): 958-36 AND 915-23

RELEASE DATE: OCTOBER 30, 2024

DEADLINE FOR SUBMISSION: DECEMBER 4, 2024, BY 5:00 P.M.

Texas Water Development Board

Solicitation Point of Contact:

Hannah Mulla

Contract Specialist, CTCM, CTCD hannah.mulla@twdb.texas.gov

Respondents are responsible for checking the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/sp, for any addenda to this Solicitation. Please search under Agency Code 580 (Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation.

mailto:hannah.mulla@twdb.texas.gov http://www.txsmartbuy.com/sp

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TABLE OF CONTENTS

SECTION I – INTRODUCTION 3

SECTION II – SCOPE OF WORK 5

SECTION III – DELIVERABLES 9

SECTION IV – SOLICITATION RESPONSE 10

SECTION V – TERMS AND CONDITIONS 14

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SECTION I – INTRODUCTION

1.1 OVERVIEW

The Texas Water Development Board (TWDB) is seeking responses to this Request for Proposals (RFP) for the award of a contract to perform Event Planning and Management Services for the “Texas GIS Forum” conference (the Conference) held by the Texas Geographic Information Office (TxGIO), an office of the TWDB. The Conference is held every year. The next “Texas GIS Forum” conference is tentatively planned to be held on or about October 20-24, 2025, in the Austin, Texas metropolitan area. The expected audience for the Conference is approximately 400 attendees. The Conference will include a mix of workshops, general sessions and breakout sessions. In addition, the Conference includes exhibitor areas, one networking reception, and breakfast and lunch provided on multiple days.

The Conference is organized by a team comprised of TxGIO staff, which includes a Marketing Specialist or equivalent who will serve as the main point of contact for the selected Contractor.

1.2 BACKGROUND

The TWDB was created by the Texas Legislature and by constitutional amendment in 1957. Housed within the TWDB, the Texas Geographic Information Office (TxGIO), formerly known as the Texas Natural Resources Information System (TNRIS), is the state’s clearinghouse and referral center for statewide geographic data, including digital orthoimagery, digital elevation data, historical aerial photography, land parcels, address points, and emergency management data. TxGIO produces the TWDB’s cartographic maps and works collaboratively with all levels of Texas governmental agencies to acquire, maintain, and distribute comprehensive geographic data to the public and private sectors. As the state’s leader for geographic information, data, and GIS technology, TxGIO provides the highest level of geographic data services to the people of Texas and acts as a model for other states and a collaborator nationwide.

The Texas GIS Forum has been held annually for over 35 years. The conference provides an occasion for members of the Texas GIS Community to discuss new technologies and emerging issues; to acquire new skills and knowledge; and to collaborate on challenges and opportunities. The conference also builds awareness of who we are and how we are assisting the state and its communities.

The key benefits of the conference include the following:

• Provides opportunity for face-to-face connections and networking

• Builds community within the GIS industry in Texas

• Builds recognition—and visibility—of who the Texas GIS Community is and the importance of what we do

• Provides a forum to advance innovation and inspire change

• Gives the Texas GIS Community information and tools that can help it improve

580-25-RFP-0006 Page 4 of 25 and prepare for the future

Selected Contractor will work closely with designated TxGIO staff to execute the Conference. TxGIO/TWDB will authorize any associated budgets for the selected Contractor. The selected Contractor will be responsible for planning, administrative, and operational services.

TxGIO/TWDB plans to select a Contractor with expertise in areas including but not limited to: conference production, event coordinating and planning services, and conference management services, including facility contract negotiation, banquet event orders, sponsor and exhibitor sales and coordination, registration services, and event staffing.

1.3 CONTRACT TERM

The Service requested will start upon execution of the Contract through January 31, 2026, with optional renewals for up to three (3) one-year term: February 1, 2026 through January 31, 2027, February 1, 2027 through January 31, 2028, and February 1, 2028 through January 31, 2029, provided all existing terms and conditions remain in full force and upon mutual agreement. The renewal, if exercised, will be executed in the form of a contract amendment to be issued by TWDB no sooner than ninety (90) days prior to the expiration date of the initial contract, and no later than the final day of the initial contract period.

1.4 CONTRACT VALUE

This is a no-cost contract; Contractor reimbursement for services will be solely from registration fees, cancellation fees, event sponsorship agreements, and exhibitor’s fees, not to exceed $55,000.00 per annual event.

1.5 DEFINITIONS

“Addendum” means a written clarification or revision to the Request for Proposals issued by the Texas Water Development Board. Respondents must acknowledge receipt of any addenda in the submission of their Proposals.

“Contract/Contract Documents” means all documents that govern this Solicitation and any resulting contract(s), including without limitation this Solicitation, any Special Conditions and all bonds and insurance.

“Contractor” means Respondent awarded a contract under this Solicitation.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.com/sp.

“Event” means the Texas GIS Forum scheduled for October 2025 and any future annual Texas GIS Forum held by TWDB during the performance of this contract.

“HUB” means Historically Underutilized Business as defined by Texas Government Code Chapter 2161.

http://www.txsmartbuy.com/sp

580-25-RFP-0006 Page 5 of 25

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code § 2161.252 and 34 Texas Administrative Code § 20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP must be included with the Proposal.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” or “Response” means Respondent’s entire response to this Solicitation, including all documents requested.

“State” means the State of Texas and any state agency; the Texas Water Development Board or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

SECTION II – SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES REQUESTED

The selected Contractor will work closely with designated TxGIO staff to execute the Conference. TxGIO will establish the time and location of the event and will authorize any associated budgets for the selected Contractor. The selected Contractor will be responsible for planning, administrative, and operational services. TxGIO will make the final decisions on all aspects of the Conference.

2.2 REQUIREMENTS

Respondents to this RFP are required to have the following abilities:

• Experience with successful implementation and management of events, in particular industry conferences, with attendance ranging from 400 to 800 participants.

• Experience successfully working with a Texas state government agency (or public university/higher education program/corporation) managing large-scale events and conferences.

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The selected Contractor will be expected to perform the following:

A. Venue Contract Services

• Oversee and facilitate all aspects of the venue contract, including site selection

(if requested), vendor negotiation, event registration, marketing, sponsorship management, budget management, onsite staffing, and post-event reporting.

B. Accounting Services

• Prepare and monitor event budget

• The Texas GIS Forum operates with a budget to track expenses and revenue for the event, which is a cost-recovery event for TxGIO. The event management fee is considered an expense in the budget. Past event management service contracts have been less than $50,000.

• Establish an event bank account

• Process all payments, which may include but not be limited to:

• Sponsorship payments

• Event-related payments

• Online event registration

• Establish a payment gateway to process transactions through Contractor’s merchant account into the designated event bank account or fund sites provided by TxGIO

• Categorize funds collected by the event, total transactions, discount rate, and description of all fees

• Report event transactions monthly, with weekly updates beginning three months out from the Conference

• Produce standard financial reports quarterly

• Provide final reporting, including a final detailed budget report, of the

Conference within 60 days after Conference completion. Reporting must include all cost information, number and category of attendees, problems that occurred, and lessons learned.

• Work with current Texas GIS Forum Contractor, if applicable, and TxGIO to transfer account and balance of funds to new Contractor

C. Meeting Facilitation Services

• Participate in program/planning committee meetings with core TxGIO team on a monthly basis, bi-weekly basis 4–10 months prior to the event, and weekly within 3 months of the event or as necessary and mutually agreed upon

• Provide agenda to TxGIO prior to each planning meeting and follow-up notes after each meeting

D. Speaker/Instructor Management Services

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• Secure potential keynote and featured speakers (with TxGIO approval) o Negotiate keynote speaker contracts and travel logistics

• TxGIO will solicit speakers/instructors, but Contractor will distribute speaker/instructor agreements, ensure speakers/instructors complete agreement, and provide all required information (bios, photos)

• Facilitate and compile call for papers and provide TxGIO staff with list and copies of abstracts for consideration.

• Prepare and distribute post-event follow-up materials (thank-you letters, evaluations, etc.)

• Manage primary communication with speakers and instructors

• Coordinate other logistics when needed

• Past Texas GIS Forum agendas and lists of speakers are available on the

TxGIO Events website: https://geographic.texas.gov/events/index.html

E. Event Identity Services

• Review and provide comment on event identity, including in-house graphic design of web and printed materials as requested

F. Website Services

• Develop and host online registration system

G. Sponsor/Exhibitor Coordination Services

• Manage all communication with sponsors and exhibitors

• Secure sponsorships (with TxGIO staff approval) and process any resulting sponsorship contracts and funds

• Develop and coordinate sponsored materials with appropriate vendors and prepare for distribution at event

• Communicate, coordinate and integrate all suppliers and related activities (conference center, decorating company, audio/video, etc.)

• Coordinate vendor-sponsored evening reception, if applicable

• Provide weekly cumulative sponsorship reports to TxGIO staff

H. Registration Services

• Develop and host conference registration website o TxGIO to develop and host main conference website that will have a link to registration website

• Process and manage online/other registrations to ensure maximum numbers are not exceeded o Total attendee count typically include and complimentary attendees, speakers, sponsors, and TxGIO staff

• Generate automatic confirmation of each registration

• Manage all communication with registrants and answer questions https://geographic.texas.gov/events/index.html

580-25-RFP-0006 Page 8 of 25 related to registration

• Track payments processed and follow-up on pending payments

• Generate and manage sponsorship waitlist, if applicable

• Produce event attendee roster and list for name badges, etc.

• Generate email notifications and event reminders for registrants as needed

• Staff all conference events and manage onsite event registration

• Provide weekly registration reports to TxGIO and provide a portal for

TxGIO staff to access cumulative registration information

I. Event Coordination Services

• Facilitate the selection of and contract negotiation for appropriate event entertainment, if applicable and with approval from TxGIO

• Facilitate the selection of and obtain appropriate event giveaways

• Negotiate lighting and sound system services

• Recommend signage and other printed materials

• Manage printing of event materials and signage, including but not limited to programs, pocket agendas, name badges, notepads, promo items, foam core signs, and hanging signs

J. Facility Services

• Negotiate and sign the contract with selected facility

• Negotiate booking of space for future conferences

• Negotiate and sign contract with booth and space setup vendor

• Negotiate food and beverage costs

• Negotiate wireless access and computing services

• Negotiate parking facility fees and options

• Negotiate and manage audio-visual and videotaping/photography services

K. Other Services

• Print and/or copy materials for event

• Prepare event attendee, speaker and moderator packets for distribution

• Develop and compile surveys with TxGIO staff

• Other coordination and planning as requested/required by TxGIO

L. Payment Processor (Preferred)

• Provide a financial account to be integrated with a TxGIO web store

• Revenue from the web store will assist Texas GIS Forum funding

• Funds may be transferred to a TWDB managed account on a specified basis

• Web store will be created using a leading commercial off the shelf e-

580-25-RFP-0006 Page 9 of 25 commerce solution

• Contractor will be responsible for purchasing the e-commerce platform subscription, subscription renewals, and managing financial deposits and withdrawals

• Contractor will not be responsible for TxGIO web store administration including products, inventory management, design, and/or customer service

2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondent. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

a. Respondents planning to subcontract all, or a portion of the work must identify the proposed subcontractors on the HUB Subcontracting Plan.

b. Subcontracting must be at Respondent’s expense.

c. TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between Contractor and Subcontractor(s) by TWDB.

d. Respondent will be the only contact for TWDB and subcontractors.

Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

The selected Contractor must provide the deliverables listed in Section 2.2. In addition, the selected Contractor must deliver a post-event recap report, narrative describing challenges faced and solutions proposed, event evaluations, and recommendations.

NOTE: The electronic copy of a final report(s) or other deliverable(s) must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/ Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf to demonstrate compliance and submit the https://www.w3.org/WAI/WCAG21/quickref/ https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf

580-25-RFP-0006 Page 10 of 25 completed form with the deliverable. Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

3.2 LIQUIDATED DAMAGES

If a selected Contractor breaches its obligation to provide deliverables in accordance with the schedule in Section 3.1, the selected Contractor agrees to pay TWDB $500.00 per day for each day of delay as liquidated damages. The parties agree that quantifying losses arising from a selected Contractor’s delay is inherently difficult, and stipulate that the sum agreed upon for liquidated damages is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the industry and the nature of the losses that may result from delay.

SECTION IV – SOLICITATION RESPONSE

4.1 SCHEDULE OF EVENTS

EVENT DATE / TIME

Solicitation Release Date 10/30/2024 Deadline for Submitting Questions 11/6/2024 3:00 PM CST Deadline for Question Response via Addendum 11/15/2024 Deadline for Solicitation Response Submission 12/4/2024 5:00 PM CST Evaluation Period End 12/20/2024 Anticipated Contract Start Date No later than 2/1/2025 Contract End Date 1/31/2026

Note: These dates are a tentative schedule of events. TWDB reserves the right to modify these dates at any time by notice posted to the ESBD. Any changes to dates in the Schedule of Events listed after the Solicitation Response deadline will occur at the discretion of TWDB and may occur earlier or later than scheduled without notification on the ESBD.

4.2 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

TWDB reserves the right to change, amend or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to award, if it is in the best interest of TWDB and will post such on the ESBD. It is the responsibility of Respondent to periodically check the ESBD to ensure full compliance with the requirements of this Solicitation.

4.3 PROPOSAL REQUIREMENTS

A brief transmittal letter summarizing the key points of the Response and signed by an authorized representative who is responsible for committing Respondent’s resources must accompany each response. Where applicable, the response to each item, including attachments, must not exceed the specified length. The cover page will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy as follows:

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1) Proposals must be clearly marked RESPONSE TO 580-25-RFP-0006, pages numbered with a table of contents as a Portable Document Format (PDF), file size limited to 100 MB.

2) Email subject will also read “Response to RFP 580-25-RFP-0006,” and delivered to the attention of the addresses noted in Section 4.4 of the RFP.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFP. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFP will not be considered.

Item 1: Signed/dated Execution of Response to the Request for Proposals Item 2: Company Profile Summary and History, (two (2) pages maximum)

Response should include the following:

a. Company name, address, phone number, website, and legal status

(corporation, partnership, joint venture, sole proprietorship).

b. Name and title of person submitting the proposal with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the proposal.

d. Describe the general nature of previous work, the number of years in business, size, and scope of operation. Include any accreditation obtained with an industry recognized professional event planning organization.

Item 3: Resumes of Individuals – Submit resumes for each individual (two (2) pages maximum per individual) who will work on the event.

Item 4: Historically Underutilized Businesses subcontracting plan Item 5: Name(s) and Social Security Number(s) of each person with at least 25

Percent Ownership of the Business Entity Submitting the RFP Item 6: Portfolio of Relevant Experience

a. Describe the nature and provide the years and breadth of experience in event planning and management services with:

• Texas state agencies

• Large-scale events with 500+ registrants

• Developing detailed project plans

• Successful event execution

• Providing monthly financial and project close-out for events

b. Provide a description and evidence of how Respondent will deliver the requirements specified in Section II – Scope of Work.

c. Respondent must also provide examples and details of past events that are similar in nature to the event planning and management services requested, including a description of services provided and the number of attendees/participants for those events. Please provide for three (3) past events the client organization name, 580-25-RFP-0006 Page 12 of 25 address, contact person, phone number, and email address. This section is limited to ten (10) total pages.

Item 7: Project fee and proposed fee schedule

4.4 INQUIRES

All requests, questions, or other communications about this Solicitation must be made in writing to the TWDB Procurement and Contracts Department, addressed to the contact person listed below:

Hannah Mulla Contract Specialist, CTCD/CTCM hannah.mulla@twdb.texas.gov

Note: Ensure the RFP number is included in the subject line of all correspondence.

A. Questions and Responses TWDB will allow written requests for clarification of this Solicitation. Questions may be emailed to the contact listed above. Respondents’ names will be removed from questions when the written answers are released. Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned

4) Question

5) Provide company name, address, phone number, email address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is noted in Section 4.1, Schedule of Events, above.

All accepted questions will result in a written response posted to ESBD as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

B. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described this Section, TWDB, 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). Attempts to ask questions by phone, email, or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent should rely only on written statements and information issued through or by TWDB’s procurement staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

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4.5 RESPONSE SUBMITTAL

Complete Responses will include any and all acknowledged addendum and must be received by the close date and time on ESBD in order to be considered for evaluation.

Failure to follow instructions as provided in Section 4.3 will result in rejection of your Response.

Submit RFP Solicitation Response via email to bid-room@twdb.texas.gov with a copy to hannah.mulla@twdb.texas.gov.

All submitted Responses become the property of TWDB after the closing date. A submitted Solicitation Response constitutes an offer for a period of ninety (90) days or until a selection is made by TWDB, whichever occurs first. Respondents are responsible for all costs in the preparation and delivery of the Solicitation Response to TWDB.

4.6 RESPONSE EVALUATION

TWDB is not obligated to accept the lowest priced response but will make an award to a Respondent that provides the “best value” to the State of Texas, as defined by Texas Government Code § 2155.074.

The evaluation committee will determine best value by applying the following criteria:

Criteria Points Available Number of years and breadth of experience with event planning and management services for Texas state agencies

Number of years and breadth of experience with large-scale (400+ registrants) event planning and management

Event management cost 25 Experience developing detailed project plans for successful event execution – including accreditation with an industry recognized professional event planning organization

Experience providing monthly financial and project close-out reporting

Prior performance - Scores will be established from the Texas Comptroller’s Vendor Performance Tracking System (VPTS), http://www.txsmartbuy.com/vpts, and ranked accordingly:

A=5, B=3, C=1, D=0, F = 0, No score = 3

TOTAL 100

4.7 CONTRACT AWARD

It is the intent of TWDB to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the TWDB Executive Administrator.

Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded mailto:bid-room@twdb.texas.gov http://www.txsmartbuy.com/vpts

580-25-RFP-0006 Page 14 of 25 successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

SECTION V – TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Disaster Recovery Plan. Upon request of TWDB, RESPONDENT/CONTRACTOR must provide descriptions of its business continuity and disaster recovery plans.

Dispute Resolution. The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by TWDB and RESPONDENT/CONTRACTOR to attempt to resolve all disputes arising under the CONTRACT.

Excess Obligations Prohibited/No Debt Against the State. A contract resulting from this procurement is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds.

False Statements. If RESPONDENT/CONTRACTOR signed its bid or response with a false statement or it is subsequently determined that RESPONDENT/CONTRACTOR has violated any of the representations, guarantees, warranties, certifications or affirmations included in its bid or response, RESPONDENT/CONTRACTOR will be in default under the CONTRACT and TWDB may terminate or void the CONTRACT.

Force Majeure. Neither RESPONDENT/CONTRACTOR nor TWDB will be liable to the other for any delay in or failure of performance of any requirement included in the contract caused by force majeure. The existence of such causes of delay or failure will extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.

Governing Law and Venue. This CONTRACT will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this CONTRACT is fixed in any court of competent jurisdiction in Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to TWDB.

Indemnification. RESPONDENT/CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD

HARMLESS THE STATE OF TEXAS AND TWDB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL

LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF

RESPONDENT/CONTRACTOR OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER

FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF

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THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE

MUST BE COORDINATED BY RESPONDENT/CONTRACTOR WITH THE OFFICE OF THE TEXAS

ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT,

AND RESPONDENT/CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST

OBTAINING CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.

RESPONDENT/CONTRACTOR AND TWDB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH

OTHER OF ANY SUCH CLAIM.

Public Information Act. Information, documentation, and other material in connection with this RESPONSE/CONTRACT may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, RESPONDENT/CONTRACTOR is required to make any information created or exchanged with the state pursuant to the solicitation or contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

State Auditor’s Right to Audit. 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 the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

5.2 AFFIRMATIONS AND CERTIFICATIONS

Antitrust. RESPONDENT/CONTRACTOR represents and warrants that, in accordance with Texas Government Code § 2155.005, neither RESPONDENT/CONTRACTOR nor the firm, corporation, partnership, or institution represented by RESPONDENT/CONTRACTOR, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of its proposal to any competitor or any other person engaged in the same line of business as

RESPONDENT/CONTRACTOR.

Buy Texas. RESPONDENT/CONTRACTOR agrees to comply with Texas Government Code § 2155.4441, requiring the purchase of products and materials produced in the State of Texas when performing service contracts.

Child Support Obligation. Under Texas Family Code § 231.006, regarding child support, RESPONDENT/CONTRACTOR certifies that the individual or business entity named in its proposal or response is not ineligible to receive the specified payment and acknowledges that any contract resulting from this procurement may be terminated and payment may be withheld if this certification is inaccurate. Any RESPONDENT subject to Texas Family Code § 231.006 must include

580-25-RFP-0006 Page 16 of 25 in the response the names and Social Security numbers of each person with at least 25 percent ownership of the business entity submitting the RESPONSE.

COVID-19 Vaccine Passport Prohibition. RESPONDENT/CONTRACTOR certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the RESPONDENT/CONTRACTOR’s business. RESPONDENT/CONTRACTOR acknowledges that such a vaccine or recovery requirement would make RESPONDENT/CONTRACTOR ineligible for a state-funded contract.

Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, RESPONDENT/CONTRACTOR represents and warrants that it has not given, offered 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 goods or services being supplied.

Debts and Delinquencies. RESPONDENT/CONTRACTOR agrees that any payments due under the CONTRACT will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

Energy Company Boycotts. RESPONDENT/CONTRACTOR represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Texas Government Code § 2276.002 does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, RESPONDENT/CONTRACTOR must promptly notify TWDB.

Entities that Boycott Israel. RESPONDENT/CONTRACTOR represents and warrants that (1) it does not, and will not for the duration of the contract, boycott Israel or (2) the verification required by Texas Government Code § 2271.002 does not apply to CONTRACTOR. If circumstances relevant to this provision change during the course of the CONTRACT, RESPONDENT/CONTRACTOR will promptly notify TWDB.

E-Verify Program. RESPONDENT/CONTRACTOR certifies that for contracts for services, CONTRACTOR will 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 CONTRACTOR to perform duties within Texas; and 2) all persons, including subcontractors, assigned by CONTRACTOR to perform work pursuant to the CONTRACT within the United States of America.

Excluded Parties. RESPONDENT/CONTRACTOR certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

Executive Head of a State Agency. In accordance with Texas Government Code § 669.003, relating to contracting with the executive head of a state agency, Respondent certifies that it is not

(1) the executive head of TWDB, (2) a person who at any time during the four years before the date of

580-25-RFP-0006 Page 17 of 25 the contract was the executive head of TWDB, or (3) a person who employs a current or former executive head of TWDB.

Financial Participation Prohibited. Pursuant to Texas Government Code § 2155.004(a), RESPONDENT/CONTRACTOR certifies that neither RESPONDENT/CONTRACTOR nor any person or entity represented by RESPONDENT/CONTRACTOR has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications or solicitation on which this RESPONSE/CONTRACT is based. Pursuant to Texas Government Code § 2155.004(b), RESPONDENT/CONTRACTOR certifies that the individual or business entity named in this RESPONDENT/CONTRACTOR is not ineligible to receive the specified contract and acknowledges that the CONTRACT may be terminated and payment withheld if this certification is inaccurate.

Firearm Entities and Trade Associations Discrimination. RESPONDENT/CONTRACTOR verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Texas Government Code § 2274.002 does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, RESPONDENT/CONTRACTOR must promptly notify TWDB.

Foreign Terrorist Organizations. RESPONDENT/CONTRACTOR represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Texas Government Code § 2252.152.

Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, RESPONDENT/CONTRACTOR certifies that the individual or business entity named in this RESPONSE/CONTRACT is not ineligible to receive the specified contract and acknowledges that the CONTRACT may be terminated and payment withheld if this certification is inaccurate.

Lobbying Prohibition. RESPONDENT/CONTRACTOR represents and warrants that TWDB’s payments to RESPONDENT/CONTRACTOR and RESPONDENT/CONTRACTOR’s receipt of appropriated or other funds under the contract are not prohibited by Texas Government Code §§

556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

No Conflicts of Interest. RESPONDENT/CONTRACTOR 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.

Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and 2261.053 prohibit state agencies from accepting a response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004. Under Texas Government Code §§ 2155.006 and 2261.053, RESPONDENT/CONTRACTOR certifies that the individual or business entity named in this RESPONSE/CONTRACT is not ineligible to receive the specified contract and acknowledges that the CONTRACT may be terminated and payment withheld if this certification is inaccurate.

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Restricted Employment for Certain State Personnel. Pursuant to Texas Government Code § 572.069, RESPONDENT/CONTRACTOR certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

Suspension and Debarment. RESPONDENT/CONTRACTOR 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.

Terms and Conditions Attached to Response. Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

Texas Bidder Affirmation. RESPONDENT certifies that if a Texas address is shown as the address of RESPONDENT on its Response, RESPONDENT qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444(c).

Assignment Prohibited. RESPONDENT/CONTRACTOR 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 TWDB, and any attempted or purported assignment, transfer or delegation thereof without such consent will be null and void.

Former Agency Employees: RESPONDENT/CONTRACTOR represents and warrants that none of its employees, including but not limited to those authorized to provide services under the CONTRACT, were employees of TWDB during the 12-month period immediately prior to the date of execution of the CONTRACT.

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CONTENT ITEM 1

EXECUTION OF RESPONSE

to the

REQUEST FOR PROPOSAL

Company Name: ____________________________________________________

Contact Name: ____________________________________________________

Address: ____________________________________________________

Vendor ID: ____________________________________________________ (aka: Texas Taxpayer ID)

HUB Status: ____________________________________________________

Phone Number: ____________________________________________________

E-Mail: ____________________________________________________

I, ______________________________________, am the above-referenced company’s representative and I am authorized to submit this response and sign future contract documents. By signing below, the representative certifies that if a Texas address is shown as the address, Respondent qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444.

Authorized Signature Date

Title:

580-25-RFP-0006 Page 20 of 25

CONTENT ITEM 2

COMPANY PROFILE SUMMARY AND HISTORY

(to be provided by Respondent)

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CONTENT ITEM 3

RESUMES OF INDIVIDUALS

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CONTENT ITEM 4

HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

All HUB Subcontracting Plan Forms must be completed and submitted with the Response.

The required forms are listed below and can be found by selecting HUB Subcontracting Plan (HSP) Forms at the following link:

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

HUB Subcontracting Plan Form HUB Subcontracting Plan Form, SECTION 2 continuation sheet HUB Subcontracting Plan Good Faith Effort - Method A (Attachment A) HUB Subcontracting Plan Good Faith Effort - Method B (Attachment B) HUB Subcontracting Opportunity Notification Form https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

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CONTENT ITEM 5

OWNERSHIP OF BUSINESS ENTITY

Name(s) and Social Security Number(s) (last four digits) of each person with at least 25 Percent Ownership of the Business Entity Submitting the RFQ

Name

Last Four Digits of Social Security Number*

* In the event a Respondent is subject to Texas Family Code § 231.006, TWDB will request that Respondent submit the complete Social Security Number(s) via separate secure transmission prior to evaluating the Response. The Social Security number(s) will be used to identify persons that may owe child support and will be kept confidential to the fullest extent allowed under Texas Family Code § 231.302(e)

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CONTENT ITEM 6

PRIOR PROJECT EXPERIENCE

580-25-RFP-0006 Page 25 of 25

CONTENT ITEM 7

PROJECT FEE AND PROPOSED FEE SCHEDULE