ESBD_384425_1733861703843_RFP 452-25-BLC009 MOTOR FUEL TESTING FINAL.docx

RFP No. 452-25-BLC0009

MOTOR FUEL LABORATORY TESTING AND ANALYSIS

REQUEST FOR PROPOSALS (RFP)

FOR

MOTOR FUELS LABORATORY TESTING

AND ANALYSIS

RFP NO. 452-25-BLC009

NIGP CLASS 926/ ITEM 43

DEADLINE FOR PROPOSAL SUBMITTAL:

JANUARY 24, 2025, AT 2:00 PM CZT

POSTING DATE: DECEMBER 10, 2024

TEXAS DEPARTMENT OF LICENSING AND REGULATION (TDLR)

REQUEST FOR PROPOSALS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF THE TERMS AND CONDITIONS OF THIS SOLICITATION. ANY EXCEPTIONS THERETO MUST BE IN WRITING.

LATE PROPOSALS WILL NOT BE CONSIDERED UNDER ANY CIRCUMSTANCE.

Contract awards once finalized will be posted on https://www.txsmartbuy.gov/esbd.

Proposer must sign the proposal and the laws of the State of Texas must prevail on all proposals. By signing this signature page, Proposer certifies that if a Texas address is shown as the address of the Proposer, Proposer qualifies as a Texas Resident Bidder as defined in Texas Government Code Section 2155.444.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, enter your federal Employer Identification Number.

PIN: ______________________________________ Phone: (_____) ______________________

Business Name: ______________________________ Fax Number: (_____) _________________

Address: _____________________________________ HUB Certified? [ ] Yes [ ] No

City-State-Zip: _____________________________ HUB #: ______________________

Email Address: ____________________________________

Signature: ___________________________ Print Name: ____________________________

AWARD NOTICE: TDLR reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. TDLR must award the contract to the Proposer who best serves the interests of the State, if any.

RFP SUBMISSION DEADLINE: JANUARY 24, 2025, AT 2:00 PM CZT

NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL.

Table of Contents

1.0 Introduction/Background

1.1 Executive Summary

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment in Texas. We protect the health and safety of Texans and ensure they are served by qualified professionals.

Chapter 51 of the Texas Occupations Code establishes TDLR and sets the framework for the agency’s responsibilities. The Texas Commission of Licensing and Regulation (“Commission”) is TDLR’s governing board and policy-making body, made up of seven public members appointed by the Governor with the consent of the Texas Senate. By law, no commissioner may have any business interests in a profession regulated by TDLR. TDLR and the Commission work in partnership with more than 30 advisory boards composed of dedicated public servants.

1.2 Statutory Authority

This procurement is in accordance with Texas Government Code, Chapters 2155 and 2156, as applicable, Texas Occupations Code, Chapter 2310, and applicable rules.

1.3 Historically Underutilized Business (HUB) Program

The purpose of the HUB Program is to promote full and equal business opportunities in State contracting for all businesses, in accordance with the goals specified in the State of Texas Disparity Study. The statewide goals are:

(1) 11.2% for heavy construction other than building contracts;

(2) 21.1% for all building construction, including general contractors and operative builders contracts;

(3) 32.9% for all special trade construction contracts;

(4) 23.7% for all professional services contracts;

(5) 26% for all other services contracts; and

(6) 21.1% for commodities contracts.

Each state agency shall make good-faith efforts to meet or exceed these goals and assist HUBs in receiving a portion of the total contract value of all contracts that the agency expects to award in a fiscal year. It is the policy of TDLR to achieve the statewide annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Chapter 2161 of the Texas Government Code and the CPA HUB rule, 34 TAC §20.284.

In accordance with 34 Texas Administrative Code (TAC) §20.284, TDLR shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for services (including professional and consulting services) and commodities purchases.

TDLR identifies HUB vendors from the CPA Centralized Master Bidders List (CMBL). The CMBL is an online directory, maintained by the Statewide Procurement Division (SPD), where the vendors register to receive bidding opportunities from the State. For more information, please visit https://comptroller.texas.gov/purchasing/vendor/hub/.

Mentor-Protégé Program The TDLR Mentor-Protégé Program is designed to foster long-term relationships between prime contractors and HUBs. These relationships should result in an increase in the ability of HUBs to contract with the state or to receive subcontracts under a state contract. Participation in the program is voluntary for both mentors and protégés.

For more information, please visit https://comptroller.texas.gov/purchasing/vendor/hub/mentor.

1.4 Definitions and Acronyms

As used in this RFP, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

Addendum: A written addition, change, or supplement to this Solicitation prior to the opening date.

Appropriation: Legislative authorization to expend public funds for a specific purpose.

Attachments: Any documentation, appended to a contract or incorporated by reference, which does not establish a requirement for deliverables.

Award: The act of accepting an offer, thereby forming a contract between the State and a vendor.

Contractor: A business entity or individual that has a contract to provide goods or services or services to TDLR.

CZT – Central Zone Time.

Exhibit: A document which is attached and establishes requirements for deliverables of information, products, or services.

NOTE: YOU MUST USE GOOGLE CHROME OR MICROSOFT EDGE WHEN NAVIGATING WEBSITES.

Fiscal Year: September 1 to August 31.

Historically Underutilized Business (“HUB”): Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and 34 TAC §20.282.

HUB Subcontracting Plan (HSP): Written documentation regarding the use of sub-contractors, which is required to be submitted with all responses to TDLR. Contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the TDLR to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TDLR during the term of the Contract.

Motor Fuel: Gasoline, diesel fuel, gasoline blended fuel, compressed natural gas, liquefied natural gas, and other products that are offered for sale, sold, used, or capable of use as fuel for a gasoline-powered engine or a diesel-powered engine, as defined in Section 162.001(42) of the Texas Tax Code.

Proposal: An offer to contract with the State, submitted in response to an RFP.

RFP: Request for Proposals.

Respondent or Proposer: An individual or entity that submits an offer or proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or proposal, such as an agent, employee, or representative.

Response or Proposal: An offer to contract with the State, submitted in response to an RFP.

Solicitation: A document requesting responses from vendors to provide specified goods and services. The term also refers to the process of obtaining responses from vendors to provide specified goods and services.

Successful Respondent: The awarded Respondent(s), if any.

TAC: Texas Administrative Code.

TDLR or Department: Texas Department of Licensing and Regulation.

Vendor: A potential provider of goods and services to the State.

2.0 Statement of Work

2.1 General

By statute, TDLR is authorized to adopt rules with minimum motor fuel quality and testing standards for motor fuel that is sold or offered for sale in Texas. These standards must comply with those established by the American Society for Testing and Materials (ASTM) and the National Institute of Standards and Technology (NIST). Accordingly, TDLR established those minimum standards in 16 TAC Chapter 97.

As part of its regulatory functions, TDLR collects motor fuel samples (“samples”) for testing to verify the motor fuel complies with the minimum standards established. With this solicitation, TDLR is requesting proposals from laboratories to conduct testing and analysis of the motor fuel samples collected by TDLR. Because samples are drawn on an “as-needed” basis, in response to complaints, TDLR cannot guarantee a number of samples to be submitted for testing and analysis, but estimates submitting no more than 700 samples per fiscal year.

Respondents must demonstrate it has and will continue having during the term of any contract that may result from this solicitation, adequate resources, staffing, experience, and qualifications necessary to provide motor fuel testing and analysis services; comply with all related State and Federal laws, standards, and regulations; provide quality and cost-effective services; and maintain adequate records on the motor fuel samples analyzed. To ensure that TDLR inspections and investigations are fair and effective, testing and analysis must be accurate with results transmitted to the Department in a timely manner, as agreed between TDLR and the Successful Respondent.

2.1.1 Specifications and Requirements

The scope of work to be performed is identified by the requirements listed below. The Respondent must describe how these requirements will be met. The Respondent must also describe any TDLR resources needed to meet these requirements.

A. Scope of Services.

Successful Respondent shall be responsible for the following:

1. Taking all reasonable actions to ensure an accurate record of a sample sent by TDLR, including but not limited to, storing the sample appropriately to preserve its integrity, employing adequate tracking methods, and guaranteeing the accuracy of test methodology and results of each sample immediately upon receipt;

2. Performing laboratory testing and analysis on the motor fuel samples sent by TDLR;

3. Performing the following tests on each motor fuel sample within 48 hours after receipt at the laboratory:

a. Gasoline.

b. Diesel.

4. Recording the analysis results for each sample in the manner agreed upon by TDLR and the Successful Respondent and emailing it with the TDLR Sample Collection form to the designated TDLR representative no later than twenty-four (24) hours after each sample analysis is completed, or on the next business day if the 24-hour term falls on a weekend or holiday;

5. Providing all motor fuel sample collection materials and containers, as agreed between TDLR and the Successful Respondent. The collection materials and containers must comply with the Code of Federal Regulations (CFR) and ASTM D4057-22 container specifications and ensure the integrity of each sample while shipping, storage, chain of custody seals, mailing labels, and returnable shipping containers to TDLR at the location(s) determined by the Department;

6. Providing additional motor fuel sample containers, chain of custody seals, mailing labels, and returnable shipping containers upon request of TDLR within three (3) business days of the request at the location(s) determined by TDLR;

7. Establishing a secure method of transfer for motor fuel samples from TDLR to the Successful Respondent’s laboratory. Transfer options may include drop-off locations available to TDLR staff throughout Texas; through a third-party carrier; or directly at a laboratory facility. Transfer options shall include exempted limited quantity shipping;

8. Maintaining and storing TDLR’s motor fuel samples for a period of six (6) months from the date the fuel analysis report is emailed to TDLR. Motor fuel samples must be stored in accordance with all Federal and State regulatory requirements at any time;

9. Electronically transmitting to TDLR’s designee a monthly report in the format agreed between TDLR and the Successful Respondent on or before the third calendar day of each month. This report must include all motor fuel sample analyses performed by the Successful Respondent during the preceding month;

10. Disposing of TDLR’s motor fuel samples, upon authorization from TDLR, in accordance with all Federal and State regulatory requirements;

11. Providing email notice to TDLR’s designee within 24 hours of any unscheduled lab downtime, including the anticipated return to service date; and providing email notice to TDLR’s designee of any scheduled maintenance or closure at least 72 hours in advance of the scheduled maintenance or closure, including the anticipated return to service date;

12. Providing access to an experienced and qualified laboratory representative (employed or contracted by the Successful Respondent) for technical questions regarding test results; and

13. Conducting additional motor fuel ASTM tests at the request of TDLR.

Proposals must specify a per sample fee, including collection materials, shipping to the laboratory testing location, if applicable, storage, and disposal.

Proposals must include Respondents’ handling procedures and chain-of-custody protocols that are in accordance with all Federal and State regulatory requirements for laboratory methods and quality assurance.

B. Quality Assurance Plan.

Proposals must include a quality assurance plan that describes all quality assurance procedures Respondents have in place to ensure the accuracy and reliability of the results for each test required in this RFP.

The plan must address, at a minimum, the following:

1. Ability to employ correct test methods in compliance with federal and state laws and regulations;

2. Ability to meet contract requirements within the required timelines;

3. Plan to ensure test result data accuracy, including, but not limited to:

a. Test Identification;

b. Fuel identification;

c. Sample Identification;

d. Explanation of any anomalies in ASTM standards (excessively high failures or passes); and

4. Plan for the submission of all test result summaries.

Note: Samples tested or analyzed incorrectly may result in a reduced or rejection of payment.

C. Work Product; Other Materials

All Work-Product shall be owned by TDLR. TDLR shall have all rights, titles, and interest in and to the Work-Product, including all copies made as a result of any contract that may result from this Solicitation. Each and every report, draft, work-product, and other document reproduced, prepared, or caused to be prepared by the Successful Respondent pursuant to or in connection with any contract that may result from this Solicitation shall be the exclusive property of TDLR.

For purposes of this RFP, the term “Work Product” is defined as all work papers, materials, approaches, designs, specifications, systems, software, programs, source code, documentation, methodologies, concepts, intellectual property, or other property and/or results of the services that are developed, produced, generated, or provided to TDLR in connection with, or as a result of, the services provided under any contract that may result from this solicitation.

2.1.2 Respondent Requirements

A. Laboratory.

Respondent must be an ISO/IEC 17025 accredited laboratory with equipment and qualified staff to perform motor fuel testing and analysis. Respondent must maintain necessary equipment to perform testing, including a minimum of two octane rating engine for testing gasoline samples and one cetane rating engine for diesel fuel samples traceable to ASTM standards per testing laboratory.

In addition to all the required permits, certifications, and licenses for processing, testing, and analyzing motor fuel samples, the Successful Respondent must maintain its ISO/IEC 17025 accreditation at all times during the term of the contract that may result from this solicitation.

In its proposal, Respondent must demonstrate a disaster recovery plan that considers natural, environmental, man-made, and business disasters, to ensure Respondent’s ability to continue fulfilling its obligations under the contract that may result from this solicitation until the contract’s termination date.

B. Key Personnel.

Respondent must include in its proposal the credentials of the key laboratory personnel responsible for motor fuel testing services. These credentials must include, but are not limited, to the following: educational degrees, and other pertinent training information, experience in the field (total years of experience and years of experience working with or for the Respondent), certifications (including ASTM), and familiarity with the Scope of Services described in this solicitation. Identify key persons by name and title and describe the primary work assigned as associated with this contract.

Key personnel performing testing and analysis must hold and maintain ASTM certification at all times during the term of the contract. Key personnel must not be removed or substituted without prior approval from TDLR. Respondent must indicate the total number of laboratory employees it has in each laboratory office location, including key personnel.

C. Proof of Financial Stability.

Respondent must provide certified financial statements for the current fiscal year to date and the immediate past fiscal year.

Qualified, independent persons, or entities, are invited to submit proposals in accordance with this RFP. Proposals must address all requirements and specifications. The Successful Respondent must be liable, both individually and severally, for the performance of all duties under any contract that may result from this solicitation. The Successful Respondent shall be the sole point of contract responsibility. TDLR must look solely to the Successful Respondent for the performance of any contract that may result from this Solicitation.

The services and work product required by any contract that may result from this Solicitation shall be performed only by the Successful Respondent, Successful Respondent’s staff, and Successful Respondent’s subcontractors listed on the HSP.

2.1.3 Added Value

Proposals may include any value-added items or services offered by the Respondents, that may enhance the item or service, at no additional cost.

2.1.4 Expert Testimony

Upon request, Successful Respondent shall make available a qualified laboratory representative to provide expert testimony as a TDLR expert witness. This testimony will be in relation to test methods and/or past sample analyses performed and before the State Office of Administrative Hearings (SOAH) or, upon appeal, before a district court.

Proposals must include in Attachment A – Proposal Cost Sheet, a separate line-item cost for the compensation of the expert witness, in the event TDLR requires its appearance, in person, on behalf of TDLR. No compensation will be paid for hearing appearances made by telephone or videoconference.

TDLR intends to award one or more contract(s) as a result of this Solicitation to the Respondent(s) offering the best value to the State as stated in Section 2156.125 of the Texas Government Code.

If it is within TDLR’s best interest to award one or more contract(s), TDLR may determine that certain Proposals are within the competitive range and may use this range to award multiple contracts or as a basis to request a Best and Final Offer (BAFO) from Respondents. Refer to Section 4.3 Competitive Range and Best and Final Offer for more information.

If, for any reason, a final Contract cannot be executed with the Successful Respondent within seven (7) business days of TDLR’s determination to enter into a contract with the Successful Respondent, TDLR may negotiate a contract with the next highest scoring Respondent or may withdraw, modify, or partially award this RFP.

2.2.2 Contract Term / Renewal Options

The initial contract term of any contract that may result from this solicitation shall be effective on the last execution signature date and shall end on August 31, 2025. TDLR may, in its sole discretion, exercise the option to renew any contract that results from this solicitation up to three (3) one (1) year increments. Renewal options must be executed prior to the expiration of the current contract term, with 30-day written notice prior to execution of the renewal. Such notice shall be in the form of an amendment to the contract.

Following the initial term and allowable renewals, TDLR may extend any contract that results from this solicitation for the purpose of completing a new procurement, and/or to transition to a new Contractor if required, to avoid interruption in TDLR services.

2.3 Appropriations and Continuing Availability of Funds

Any awarded contract(s) that may result from this Solicitation is/are subject to appropriations and the continuing availability of funds. TDLR reserves the right to cancel, make partial award, or decline to award a contract under this Solicitation at any time at its sole discretion.

3.0 Administrative Information

3.1 Schedule of Events

The schedule for the RFP events is indicated in Table 1 below. TDLR reserves the right to amend the dates at any time upon notice posted to the ESBD Portal and emailed to prospective vendors. Dates listed after the Deadline for Submission of Proposals, can occur at the discretion of TDLR and may occur earlier or later than initially scheduled without notification thru the ESBD Portal.

TABLE 1 – SCHEDULE OF EVENTS

Answers to questions will be posted as an Addendum in the ESBD Portal.

Deadline for Submission of Proposals Note: Late Responses will not be considered.

January 24, 2025, at 2:00 PM CZT

3.2 Changes, Amendments, or Modifications to Solicitation

TDLR 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 TDLR. Any such revisions will be posted on the ESBD Portal. It is the responsibility of Respondent to periodically check the ESBD Portal to ensure full compliance with the requirements of this Solicitation.

3.3 Technicalities

TDLR reserves the right to waive minor technicalities in a Proposal if it is in the best interest of TDLR. A "minor technicality" is an omission or error that, in TDLR's determination if waived or modified during response evaluations, would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Proposal or Solicitation requirements.

All requests, questions, or other communication regarding this RFP shall be made in writing to TDLR's Purchasing and Contracts Department, addressed to the person listed below. All communications between Respondents and other TDLR staff members concerning this Solicitation are strictly prohibited. Failure to comply with these requirements may result in disqualification of Respondent's Proposal.

3.4.2 Prohibited Communication

On issuance of this Solicitation, except for the written inquiries described in Section 3.5.4 and 3.5.5 below, TDLR or its representative(s) will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TDLR's designated staff as provided by this Section. This restriction does not preclude discussions for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these requirements may result in disqualification of Respondent's Proposal.

3.4.3 Exception

The only exception to the single point of contact communication is the HUB Coordinator. Should respondents have questions regarding the HUB Subcontracting Plan, the HUB Coordinator may be contacted at Charlotte.Craig@tdlr.texas.gov.

3.4.4 Questions

All questions shall be submitted by email in an editable format, i.e., Microsoft Word, or standard email as opposed to an un-editable format such as Adobe Acrobat.pdf files. Provide Respondent’s name, address, phone number, e-mail address, and name of contact person when submitting questions. Questions must be received by the Point of Contact by the deadline set forth in Section 3.1 – Schedule of Events. Questions must be submitted according to Table 2 - Question Submittal Format. Submissions that deviate from this format may not be accepted:

TABLE 2 – QUESTION SUBMITTAL FORMAT

(Sample entry shown below)

3.4.5 Answers to Respondent’s Questions

Answers to submitted questions will be posted to the ESBD Portal by the deadline set forth in Section 3.1 – Schedule of Events. It is Respondent's responsibility to check the ESBD Portal for posted responses. TDLR reserves the right to provide a single consolidated response to all questions.

Respondent shall submit Proposal, Respondent Information, and Cost Proposal. The Cost Proposal must be submitted in Attachment A - Cost Proposal Sheet. Failure to submit all required documents in the required format(s) may result in disqualification of the Proposal without further consideration for contract award. The Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities under this Solicitation. Respondent should focus on the instructions and requirements of the Solicitation. TDLR, in its sole discretion, may reject any and all proposals or portions thereof.

3.5.2 Submission of Proposal in Separate Parts

Proposals must be submitted in separate parts:

1. Proposal and Respondent Information;

2. Cost Proposal Sheet; and

3. Completed HUB Subcontracting Plan.

3.5.3 Exceptions and Assumptions

If the Respondent takes any exceptions to any provisions of this Solicitation, these exceptions must be specifically and clearly identified by Section number, with an explanation for the reason for the exception and proposing an alternative language in the Respondent’s Proposal. Respondent cannot take a 'blanket exception' to this entire RFP. A ‘blanket exception’ refers to taking exception to the entire RFP. If any Respondent indicates a 'blanket exception' to this entire RFP or does not provide proposed alternative language, the Respondent’s Proposal may be disqualified from further consideration. Any exception may result in the contract not being awarded to the Respondent.

Respondent must define or specify in the Proposal any assumption Respondent may have made while preparing the Proposal. TDLR reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any contract resulting from this Solicitation are deemed rejected by TDLR. Furthermore, all Proposals constitute binding offers after the closing date and time have passed.

Proposals must be emailed to bids@tdlr.texas.gov no later than the date and time specified in Section 3.1 Schedule of Events. If all or any portion of a response submitted by email is received late, is illegible, or is otherwise nonresponsive due to equipment failure or operator error, the response will not be considered. In addition, TDLR will not be liable for equipment failure or operator error. Proposals submitted by any other method will be considered non-responsive and will not be considered for contract award.

All Proposals become the property of TDLR after submission and will not be returned to Respondent, unless proper written notice of withdrawal of proposal is submitted.

3.6.2 Alterations, Modifications, and Withdrawals

Prior to the Deadline for Submission of Proposals, a Respondent may: (1) withdraw its Proposal by submitting a written request to the Point of Contact identified in Section 3.4.1 - Point of Contact on official company letterhead or stationery by a legal binding party; or (2) modify its Proposal by submitting a written amendment to the originally submitted Proposal on official company letterhead or stationery by a legal binding party. The same submittal requirements apply in submitting a proposal amendment as in submitting the original Proposal.

4.0 Solicitation response evaluation and award Process

Proposals shall be evaluated in accordance with Title 10, Subtitle D of the Texas Government Code. TDLR shall not be obligated to accept the lowest-priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Proposals that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected, at the sole discretion of TDLR.

1. Respondents must have recently been in business for a minimum of three (3) years, or the principals/owners must have recent ownership/executive management experience in a previous company that provided the services as specified in this Solicitation;

2. Respondents shall demonstrate their experience in the services requested;

3. Respondents must demonstrate it is financially solvent and adequately capitalized; and

4. Respondent must be authorized to do business in the State of Texas.

4.1.3 Evaluation Criteria

Proposals shall be consistently evaluated and scored in accordance with Table 3 – Evaluation Criteria.

TABLE 3 – EVALUATION CRITERIA

4.2 Initial Compliance Screening

TDLR will perform an initial screening of all Proposals received. Unsigned Proposals, Proposals that do not meet Section 4.1.2 Minimum Qualifications, and Proposals that do not include all required forms and information may be subject to rejection without further evaluation.

4.3 Competitive Range and Best and Final Offer

TDLR may determine that certain Proposals are within the competitive range and may use this range to award multiple contracts or as a basis to request a Best and Final Offer (BAFO) from Respondents. If TDLR elects to limit award consideration to a competitive range, the competitive range will consist of the Proposals that receive the highest or most satisfactory ratings, based on the published evaluation criteria and procedures governing this procurement. TDLR, in the interest of administrative efficiency, may place reasonable limits on the number of Proposals that will be included in the competitive range.

TDLR may, at its discretion, request that any or all Respondents provide a BAFO. A request for a BAFO from TDLR does not guarantee an award or further negotiations.

4.4 Oral Presentations

TDLR may elect, after reviewing the responses, to conduct oral presentations. Oral presentations provide an opportunity for Respondents to highlight strengths and unique aspects of their responses and provide answers to clarification questions TDLR may have regarding the responses.

The Point of Contact identified in Section 3.4.1 – Point of Contact will be responsible for scheduling the oral presentations which may occur virtually or in person at the TDLR headquarters in Austin, TX. Respondents are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. TDLR is not responsible for any costs incurred by the Respondent in preparation for any oral presentation.

Oral presentations may be scheduled for all Respondents or limited to the top ranked vendors in the competitive range. Prior to the oral presentation, the Evaluation Committee will prepare a list of clarification questions for the presenting Respondents. Respondents will be randomly selected to determine order of presentation. Following all oral presentations or demonstrations, the Evaluation Committee will evaluate the clarifying information obtained. Evaluation scores from the oral presentation or demonstration will be evaluated and scored in accordance with 4.1.3 – Evaluation Criteria and added to the initial evaluation matrix for a final score.

4.5 Questions or Requests for Clarification By TDLR

TDLR reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, Evaluation process, including during Oral Presentations, or during the BAFO process.

Provide a high-level overview of the Respondent's approach to meeting the requirements contained in Section 2.0. The summary must demonstrate an understanding of TDLR's goals and objectives for this Solicitation.

5.1.2 Project Work Plan

Describe the Respondent's proposed processes and methodologies for providing all components of the Scope of Work. Respondent should identify all tasks to be performed, including all project activities, materials and other products, services, and reports to be generated during the contract period of any contract that may result from this Solicitation and relate them to the stated purposes and specifications described in this Solicitation.

5.1.3 Value-Added Benefits

Describe any service or deliverables that are not required by this Solicitation that the Respondent proposes to provide at no additional cost to TDLR. Respondents are not required to propose value-added benefits.

5.1.4 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

6.0 Required Respondent Information

6.1 Company Information

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified goods or services on time. As a part of the Proposal, Respondent must provide the following information:

6.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Section 2.0, focusing on its company's key strengths and competitive advantages.

6.1.2 Company Profile

Provide a company profile that includes: The company ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation.)

If Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, Respondent must identify the percentage of ownership and the percentage of the parent’s ownership. The entity performing most of the work under any contract that may result from this Solicitation, throughout the duration of the contract, must be the primary Respondent.

The Company Profile must provide an operating structure for the services requested under this Solicitation and which entities (i.e., parent company, Affiliate, Joint Venture, a subcontractor) will be performing them. Finally, the Company Profile must also include the following:

1. The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;

2. The location of company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation;

3. The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned;

4. The name, mailing and physical address, email address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation; and

5. Indicate whether the company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

Note: If Respondent is an out-of-state company, a Certificate of Authority from the Secretary of State to do business in Texas must be provided as well.

6.2 References

Respondent shall provide three (3) written letters of recommendation from former clients addressing the Respondent’s ability to meet deadlines and produce quality work. The former clients must have worked with the Respondent within the last two (2) years. The letter of recommendation must be on the business entity letterhead to include, but not limited to:

1. Project title;

2. Date contract started;

3. Date contract completed;

4. Contract dollar value;

5. Description of the services provided;

6. Ability to communicate and resolve quality concerns with the client;

7. Ability to provide rapid response to the client’s requests; and

8. Ability to meet deadlines.

Respondent must include corresponding client contact information, including the following: name, mailing address, physical address, email address, and telephone number of contact person, and identify the year in which the work was performed. In addition, Respondent must describe any experience the Respondent has in working with local governments.

TDLR may contact Respondent’s references/clients as provided in the Proposal. TDLR reserves the right to solicit information from other available sources.

6.2.1 Past Performance

A Respondent’s past performance will be measured in compliance with applicable provisions of Texas Government Code, Chapters 2155 and 2156 and 34 TAC §20.115. Respondents may fail this selection criterion should one or more of the following conditions apply to Respondent:

1. A score of less than C or Legacy Unsatisfactory in the Texas Comptroller’s Vendor Performance Tracking System (VPTS) at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking;

2. Currently under a Corrective Action Plan with a state agency;

3. Having repeated negative Vendor Performance Reports for the same reason;

4. Having a record of repeated non-responsiveness to Vendor Performance issues; and/or

5. Having one or more purchase orders that have been canceled for non-performance in the previous 12 months. To evaluate Respondent’s past performance, TDLR may also contact other entities including any federal, state, or local government agency.

6. In addition, as part of the contract closeout process, TDLR must evaluate and report the Successful Respondent’s performance using the CPA’s VPTS. Reports with a letter grade of “A”, “B”, or “C” are automatically published to the VPTS and are visible to the public. Reports with a letter grade of “D” or “F” are not published for a period of 30 calendar days. During this period, vendors have an opportunity to dispute the report and agency remarks by providing documentation and supporting evidence. If there are no responses within a 30-day period, the report and grade are published on the public-facing VPTS website. For more information regarding VPTS reporting visit: https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking.

6.3 Major Subcontractor Information

Respondent must identify any major subcontractors whom Respondent intends to utilize in performing fifteen percent (15%) or more of any contract over $100,000 that may result from this Solicitation. Respondent must indicate whether Respondent holds any financial interest in any major subcontractor who will perform services related to this Solicitation. It may be required as a condition to award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent's obligations under any contract that may be awarded pursuant to this Solicitation.

6.4 Litigation and Contract History

Respondent must include in its Proposal a complete disclosure of any alleged or significant contractual failures. In addition, Respondent must disclose any civil or criminal litigation or investigation over the last five (5) years that involves Respondent or in which Respondent has been judged guilty or liable including any allegations of such that are currently pending. Respondent must also disclose any settlement agreements entered in the last five (5) years related to alleged contractual failures.

Failure to comply with the terms of this provision may disqualify Respondent. A Proposal may be rejected based upon Respondent's prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations. Failure to comply with the terms of this provision may disqualify Respondent.

6.5 Conflicts

Respondent must certify that it does not have any personal or business interests that present a conflict of interest with respect to the RFP and any contract that may result from this Solicitation. Additionally, if applicable, the Respondent must disclose all potential conflicts of interest. The Respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence, and objectivity will be maintained.

TDLR will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of any contract that may result from this Solicitation. Failure to identify actual and potential conflicts of interest may result in disqualification of a Proposal or termination of any contract that may result from it.

Include any activities of affiliated or parent organizations and individuals who may be assigned to any contract that may result from this Solicitation, if any.

6.6 Corporate Guarantee

If the Respondent is substantially or wholly owned by another corporate (or other) entity, TDLR reserves the right to request such entity unconditionally guarantee performance by the Respondent in each term, covenant, and condition of any contract that may result from this Solicitation, as executed by the parties.

6.7 Hub Subcontracting

Submit one (1) of Attachment B – HUB Subcontracting Plan (HSP), in accordance with the RFP, as a separate document, with the RFP submission, labeled: HUB SUBCONTRACTING PLAN (HSP), and include all supporting documentation in accordance with the HSP. All Respondents must submit an HSP as part of the Proposal response, and those who fail to do so or submit an incomplete HSP will be rejected based on non-compliance per Texas Government Code, §2161.25, and those Respondents are not eligible for contract award.

Attachment A – Cost Proposal Sheet must not be included with the Respondent's Proposal and must be submitted separately. The Cost Proposal Sheet shall include pricing for any labor, materials, supplies, and personnel, including but not limited to, associated costs and incidental costs required to provide the services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this RFP.

8.0 GENERAL Conditions

Proposals shall be binding for a period of one hundred eighty (180) days after the date from the submission deadline. Each Respondent may extend the time for which its Proposal will be honored. Upon contract execution of any contract that may result from this Solicitation, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of any contract that may result from this Solicitation and any contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by TDLR.

8.1.2 Costs Incurred

Respondents understand that issuance of this Solicitation in no way constitutes a commitment by TDLR to award a Contract or to pay any costs incurred by a Respondent in the preparation of a response to this Solicitation. TDLR is not liable for any costs incurred by a Respondent prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing Proposals, preparing for, or participating in, oral presentations and site visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

8.1.3 Public Information Act

Proposals are subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Subject to the PIA, certain information may be protected from public release. Respondents who wish to protect portions of their Proposal from public disclosure should familiarize themselves with this law. Information pertaining to the Solicitation will not be released until after contract award, if any. Information will be released only in accordance with the PIA.

Successful Respondent represents and warrants it will, within seven (7) business days of executing any contract that may result from this Solicitation, provide TDLR with current certificates of insurance issued on a form approved by the Texas Department of Insurance (TDI) and be satisfactory to TDLR (e.g., an Acord™ form). All required insurance coverages must be issued from companies that have a Financial Strength Rating of “A” or better from A.M. Best Company, Inc. Minimum contractually required insurance types and coverages are listed in the following Table:

TABLE 4 – INSURANCE REQUIREMENTS

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease $1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability Includes liability arising out of all locations and operations of Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business…