ESBD_388285_1738970221031_582-26-00001_DCRPSA_Solicitation_Final_02-03-2025.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: February 7, 2025

Type of Solicitation: Request for Proposals (RFP)

Name of Solicitation: Dry Cleaner Remediation Program Site Activities

Solicitation Number: 582-26-00001

Class 918, Item 43; Class 918, Item 55; Class 926, Item 29;

Class 926, Item 42; Class 926, Item 45; Class 926, Item 78.

1.0 General Information

Pre-Proposal Conference: February 19, 2025 at 10:00 a.m. Central Time

Pre-Proposal Conferences are held virtually, using Microsoft Teams Townhall. See page 5 for further details. The link for the Pre-Proposal Conference is provided below:

TCEQ 582-26-00001 DCRPSA Pre-Proposal Conference

The Pre-Proposal Conference is not mandatory.

Deadline for Submission of Questions:

February 25, 2025 at 3:00 p.m. Central Time

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

March 4, 2025

Responses Due Date and Time:

March 14, 2025 at 3:00 p.m. Central Time

Description

The Texas Commission on Environmental Quality (TCEQ) is seeking vendors for multiple contracts to perform risk-based site assessment, non-engineered corrective action, and oversight services at Dry Cleaner sites under the Dry Cleaner Remediation Program (DCRP) of the Texas Commission on Environmental Quality (TCEQ). This Scope of Services may also be used at other sites (e.g., municipal solid waste sites, brownfields, etc.) at the discretion of the TCEQ. The Dry Cleaner Remediation Program is authorized under Texas Health & Safety Code (THSC) Chapter 374 - Dry Cleaner Environmental Response. The term of the contract is expected to be a continuous period from September 1, 2025 through August 31, 2030.

Historically Underutilized Business (HUB) Subcontracting Plan:

Subcontracting opportunities have been identified. See information regarding the HUB program and completing the HUB Subcontracting Plan in the Responder General Instructions and in the HUB Subcontracting Plan form in Section 2 of this Solicitation.

Purchasing Authority

Scientific & Technical Environmental Services (via RFP) Texas Water Code Section

5.2291 and Texas Government Code Section 2254.003.

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjgwYWIxYzQtNmRkMS00OTBmLTk4MjYtZTYxYTQ4MDc1Y2I5%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%22f20147fb-71fd-4cd3-a643-b951aea010d2%22%7d

Solicitation Table of Contents

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for this Solicitation

• Response Submission Procedure

• Responder General Instructions

• FTPS User’s Quick Guide for Solicitations

SECTION 2: Scope of Services, Evaluation Criteria, Response Contents

• Scope of Services

• Submittal and Evaluation of Responses o General Information for Evaluation of Responses o Pass/Fail Evaluation o Evaluation Criteria Contents o Responder’s Company Description, Organization, and Management o Responder’s Experience o Qualifications and Experience of Responder’s Team o Key Personnel Qualifications o Responder’s Price (Schedule of Pay Item Prices)

• Response Contents o Response Contents Checklist o Responder’s Signature and Information o Responder’s Certifications (no form) o Preferences Form o HUB Subcontracting Plan (HSP) Information, including link to forms o Schedule of Pay Item Prices

SECTION 3: Example Contract

• Contract Signature Page

• Table of Contents

• Contract Documents List

• Addresses for Notices/Representatives/Records Location

• Special Terms and Conditions

• General Terms and Conditions

• General Terms and Conditions Exhibit A: Forms and Procedures Used During the

Contract

• General Terms and Conditions Exhibit B: Contractor Mobilization Table

• TCEQ Remediation Division Per Diem Regions Map

• Technical Specifications o Scope of Services o Points of Clarification o Pay Item Specifications o Appendices

• Schedule of Pay Item Prices (completed Schedule of Pay Item Prices to be inserted upon contract award)

• Historically Underutilized Business Subcontracting Plan (approved HSP to be inserted upon contract award)

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES

TCEQ Points of Contact for this Solicitation

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Aaron Stoke Telephone: 512-239-0377 Email: Aaron.Stoke@tceq.texas.gov

Secondary Contact

Name: Stella Cisneros Telephone: 512-239-5982 Email: Stella.Cisneros@tceq.texas.gov

Please allow one business day before contacting the secondary contact. Exception: If there is less than 24 hours before a Solicitation deadline, then you may contact the secondary contact after attempting to contact the primary contact.

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

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

TCEQ Historically Underutilized Business (HUB) Coordinators

HUB Coordinator

Name: Claribel Diaz Email: HUB@tceq.texas.gov

Assistant HUB Coordinator

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

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES mailto:Aaron.Stoke@tceq.texas.gov mailto:Stella.Cisneros@tceq.texas.gov mailto:Procurements&Contracts@tceq.texas.gov mailto:HUB@tceq.texas.gov mailto:HUB@tceq.texas.gov

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

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file. In addition to including the PDF of all Response documents, submit the following files: Form 1 _ Key Personnel List and the Excel version of the Schedule of Pay Item Prices. Responses to the Solicitation may only be submitted to TCEQ’s FTPS server at https://ftps.tceq.texas.gov/ut.php

Responder must:

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

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

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

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

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

FTPS User’s Quick Guide for Solicitations

(https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx)

The FTPS User’s Quick Guide is also attached after the Responder General Instructions.

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

TCEQ FTPS Help Page (https://ftps.tceq.texas.gov/help/)

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

https://ftps.tceq.texas.gov/ut.php https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://ftps.tceq.texas.gov/help/ https://ftps.tceq.texas.gov/help/

1.1 Responder General Instructions

1.1.1 Definitions

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

Responder is defined as the business entity [not a Joint Venture] that proposes to enter a contract with the TCEQ to perform the Work described in this Solicitation as a prime Contractor.

Responder’s Team is defined as the Responder and any other person(s) that would contribute Key Personnel to perform the Work described in the Solicitation. Not all subcontractors are considered team members.

1.1.2 Pre-Proposal Conference

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

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

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

1.1.3 Questions Regarding the Solicitation

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

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

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

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

1.1.4 Addenda

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

1.1.5 Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the disqualification of the Response. Requested changes to the terms and conditions must be labeled and included behind Tab 6 Other.

1.1.6 Cost of Preparing the Response

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

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES https://www.txsmartbuy.gov/esbd mailto:Procurements&Contracts@tceq.texas.gov

1.1.7 Quantity and Nature of the Work

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

1.1.8 Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

This Solicitation requires a HUB Subcontracting Plan for any contracted staffing, services, materials, supplies, or any other portions of work. Failure to comply with the HUB requirements and submit a complete HSP will result in rejection of the Response.

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

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

Responders are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinator, listed under the TCEQ Points of Contact for this Solicitation. You may also request an HSP courtesy review from the TCEQ HUB Program Coordinator. Requests for HSP courtesy reviews must be made well in advance of the Response due date. HUB assistance may depend upon the staff availability and resources.

Responders understand that if awarded a Contract, the HSP becomes part of the Contract terms, and any changes to the HSP must first be reviewed and approved by TCEQ to ensure the good faith effort requirements found in 34 Texas Administrative Code §20.285 were followed. This includes subcontracting for any contracted staffing, services, materials, and/or supplies with a subcontractor not listed on the approved HSP.

1.1.9 Preparation of Response

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses.

Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected. In order for the Response to be deemed responsive, the electronic version must contain the entire Response. Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

a. Include all information listed on the Response Contents Checklist page.

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

c. Complete the applicable forms in this Solicitation.

d. Create any other applicable documents.

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

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php

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

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

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

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

1.1.10 Schedule of Pay Item Prices

The Responder shall complete and return the Schedule of Pay Item Prices as set forth in the Evaluation Criteria and Response Contents sections..

1.1.11 Submission of Responses

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

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

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

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

Procurements&Contracts@tceq.texas.gov.

d. The Responder shall notify the TCEQ of material changes to the Response (such as changes in staffing structure) during the time interval between the closing date and date of contract award.

1.1.12 Due Date/Late Responses

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

1.1.13 TCEQ’s Acceptance of Responses

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

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES file://tceq4afesvr1/pafs/oas/adm/P&C/1100%20Contract%20Specialist/Aaron%20Stoke/6%20-%20Office%20of%20Waste/582-26-00001%20DCRPSA/Solicitation/Draft/POD%20Word/Procurements&Contracts@tceq.texas.gov shall have sole discretion of what is in the best interests of TCEQ.

1.1.14 Evaluation

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

1.1.15 Selection

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

a. Accept the highest scoring Response without changes.

b. Request clarifications, assurances, and corrections. A Responder may be requested to provide additional, clarifying information (written or verbal presentations). Not all Responders will be requested to provide additional information.

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

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

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

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

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

1.1.16 Certification of Interested Parties

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

Form 1295 must be filed electronically through the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/ . The web site includes a list of Frequently Asked Questions.

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

TCEQ Solicitation: 582-26-00001 DRY CLEANER REMEDIATION PROGRAM SITE ACTIVITIES https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php on how to submit the certification form.

1.1.17 Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts. TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

1.1.18 Public Information

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

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

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

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

1.1.19 Conflict of Interest

Responder shall disclose apparent, potential, or actual conflicts of interest known of the organization or individuals that will work on the Contract or have access to information, including contracts with entities regulated by the TCEQ, with the Response in the Tab 6 Other. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded a contract, during the Contract Period. TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2

FTPS User’s Quick Guide for Solicitations

How to Create an Account

1. Enter https://ftps.tceq.texas.gov/ut.php into your web browser.

Note: it is important to use the same computer when creating an account and when accessing emails from the FTPS system.

2. Click on the “Sign up a new account” button.

3. Enter a name (company name, for example) and an email address. These two fields are required to be completed. Click the Submit button when done.

4. A confirmation box will appear with additional information. Click the OK button.

https://ftps.tceq.texas.gov/ut.php

5. Check for an email from ftp_account@tceq.texas.gov. To set up your password for your account, click on the link in the email. This will take you back to the FTPS site.

6. Set your password, then click the “Reset Password” button.

7. A box appears, confirming that your password has been reset. Click “OK”.

mailto:ftp_account@tceq.texas.gov

How to Use FTPS to Upload Documents

1. Enter https://ftps.tceq.texas.gov into your web browser.

2. Enter your Username (your email address) and Password. Click “Login”.

3. Click on the “Upload Files” button at the bottom of the screen.

4. From your computer, find and click on the file or files you want to upload. You can upload multiple files at one time.

https://ftps.tceq.texas.gov/

5. The uploaded file(s) will now appear in the list. Place a check in the box beside the file or files to be shared. Once the files are selected, click the “Share” button.

6. In the pop-up “Share Files” box, enter esbd-response@tceq.texas.gov in the email address box and click the “Add” button. Confirm the correct email address was entered, and then click the “OK” button.

mailto:esbd-response@tceq.texas.gov

7. Another confirmation screen appears, displaying the file or files that have been uploaded and the email address. Click the “OK” button.

8. IMPORTANT: The “Notify Recipients” box appears with pre-filled text. Insert the solicitation number and name in front of the pre-filled text. The text in the red box, below, is an example. Click the “OK” button.

9. A confirmation that the email was sent appears. Click the “OK” button.

10. You will be returned to the Home page. Click the “Logout” button in the top right corner.

-End-

2.0 Scope of Services, Evaluation Criteria, Response Contents

2.1 SCOPE OF SERVICES

This Contract is for risk-based site assessment, non-engineered corrective action, and oversight services at Dry Cleaner sites under the Dry Cleaner Remediation Program (DCRP) of the Texas Commission on Environmental Quality (TCEQ). This Scope of Services may also be used at other sites (e.g., municipal solid waste sites, brownfields, etc.) at the discretion of the TCEQ. All Work shall be performed in accordance with current regulations, requirements, and applicable guidance.

TCEQ will issue individual Work Orders which authorize the Contractor to perform Work as defined in the Work Order. Examples of Work to be performed under this Contract include but are not limited to:

1. Reviewing existing Site data, in conjunction with adjacent or nearby sites, and identify data gaps.

2. Identifying contaminant sources, receptors, and exposure pathways.

3. Installing soil borings, temporary sampling points, and monitoring wells.

4. Delineating contaminant plumes.

5. Conducting chemical or biological assisted dechlorinating of contaminants in-situ.

6. Conducting removal action of contaminated soil.

7. Conducting DNAPL recovery events, including hand-bailing and other non-engineered recovery efforts.

8. Overseeing surface removals and replacements for excavations and drilling.

9. Collecting and analyzing air, water, soil, and sediment samples to document contaminant levels and/or other physical parameters.

10. Monitoring DNAPL and groundwater levels.

11. Overseeing proper management of contaminated media, including removal, storage, treatment, disposal, recycling, or re-use.

12. Evaluating Sites for closure, including plugging and abandoning wells and Site restoration.

13. Procuring services as necessary to complete Work assigned under Contract.

14. Preparing Work plans, cost proposals, maps, tables, reports, and invoices.

15. Assisting TCEQ in determining property ownership and negotiating site access.

16. Securing deed recordation, deed notice, and institutional controls.

17. Obtaining required permits, utilities, and utility clearance for remediation activities.

18. Communicating with parties affected by and/or associated with the Site.

19. Providing Site security and safety measures.

20. Providing technical assistance or expert witness services pursuant to the Contract.

2.2 SUBMITTAL and EVALUATION of RESPONSES

General Information for Evaluation of Responses:

Responses and Best and Final Offers will be scored on the basis of demonstrated competence and qualifications to perform the services and the fairness and reasonableness of price. The Response will be evaluated and ranked based on the criteria listed in this section of the Solicitation and elsewhere in the Solicitation.

The TCEQ will evaluate and score all Responses received within the published deadline for submission of Responses, except for those Responses that are disqualified due to failure of any pass/fail item.

The submitted Responder’s Qualifications must be a complete description of the Responder’s capability and experience to meet and perform the requirements of this Solicitation.

The criteria by which Responses will be evaluated and ranked for purposes of selecting Responders for negotiation are as follows:

EVALUATION CATEGORIES

Category Percentage

Responder’s Company Description, Organization and Management

15%

Responder’s Experience 25%

Qualifications and Experience of Responder’s Team 15%

Key Personnel Qualifications 20%

Responder’s Price (Schedule of Pay Item Prices) 25%

Total 100%

The response to the Responder’s Qualifications (i.e., Responder’s Company Description, Organization and Management; Responder’s Experience; Qualifications and Experience of Responder’s Team; and Key Personnel Qualifications) section will represent seventy-five percent (75%) of the overall score of the Response. Failure to receive a score of 50% for Responder’s Qualifications may result in disqualification.

The required information contained in the following sections must be included in Response Contents. Qualifications must be presented in the format provided, unless otherwise specified, and shall not exceed the number of pages specified. Information present on pages that exceed the allotted specifications will not be evaluated.

Pass/Fail Evaluation

Responses may be rejected for the following reasons:

1. Responder’s failure to deliver the Response including all required, fully-signed forms, certifications, and deliverables to the TCEQ by the Solicitation’s due date and time.

2. Alteration of the required forms and certifications, unless otherwise specified.

3. Responder fails to demonstrate a good faith effort to meet the Historically Underutilized Businesses (HUB) requirements.

4. Responses submitted that are not in accordance with the instructions of this Solicitation.

Evaluation Criteria Contents

This section defines information the Responder must provide for the TCEQ to evaluate its capabilities and experience to provide services under this Solicitation. The Response must also demonstrate an understanding of the contract Scope of Services and describe how the Responder’s organization and resources will be utilized to perform the Scope of Services.

Responder must submit its Responder’s Qualifications behind Tab 2. Use the outline and format prescribed in the Solicitation.

1. Responder’s Company Description, Organization, and Management (Tab 2.1)

In this section, the Responder shall describe the overall proposed management structure for performing the requirements set forth in the Solicitation. The Responder shall submit written narratives, as specified below, describing its approach to planning, organizing, conducting, and controlling the Work described in the Solicitation to ensure effective, efficient, timely, and responsive conduct of the Work. The Responder shall also provide an Organization Chart and Office Location Map as described in this Section.

1.1 Describe Responder’s Business Entity including (four-page limit):

• Type of business organization, such as corporation, partnership, or sole proprietorship

• Date established

• State of incorporation

• Texas authorizations to conduct business

• Location of company headquarters

• Location of relevant branch offices

• Firm registration (organization name as registered and license number):

o Texas Board of Professional Geoscientists

• Years of experience assessing and performing remediation activities at dry cleaner sites or other locations where releases of dry-cleaning solvents, particularly chlorinated solvents, have occurred or are assumed to have occurred

• Name and title of the official contact for your company and an alternate, who have the legal authority to bind the company in contractual matters.

This section shall also include a description of all corporate affiliations and other associations, with other businesses, including parent corporations, subsidiaries, and partnerships for the Responder.

1.2 Describe Responder’s Management Approach (four-page limit):

The Responder shall describe, in detail, how it proposes to plan and manage the requirements of the contract, including management of personnel, team members [a team member is a subcontractor (individual or entity) contributing to Key Personnel], and other subcontractors.

This narrative shall detail each of the following:

• Identification of the Responder’s team members, and subcontractors;

• Roles and responsibilities of all proposed team members and subcontractors, and how they will be effectively incorporated into the overall structure of the project;

• How managers and other Key Personnel from the Responder’s firm will communicate, interact, and divide authority and responsibility;

• Responder’s standard operating procedures for performing the Work and manner for communicating technical knowledge among team members;

• How locations of team member’s offices, Key Personnel, and subcontractors will provide the best value for the state;

• Resources (e.g., offices, other facilities, vehicles, equipment, relevant financial and contractual arrangements, supplies, etc.) necessary to perform the Scope of Services;

• The proposed system for anticipating, communicating, and resolving changes in work order scope and problems encountered during performance of the Work; and

• Procedures to identify and deal with potential conflict-of-interest situations.

1.3 Provide an Organization Chart or Diagram outlining (two -page limit):

• Management structure, lines of communication and authority between the TCEQ, Responder, team members, and subcontractors.

• Function of each proposed team member; and

• Names, labor categories, and office locations of all Key Personnel

Evaluation of this subsection will be based, in part, on distribution of Key Personnel within each office location.

1.4 Provide Office Location Maps showing (two-page limit; i.e., one page per map):

• Physical locations of all offices of the Responder and each team member. Physical locations of the Responder shall be identified with a circle and physical locations of team members shall be identified with a triangle or alternate symbol.

• Physical locations and addresses of Contract Operations Offices.

Contract Operations Offices are locations identified for mobilizing personnel and equipment upon contract award. Contract Operations Office locations denoted on this map shall be identified in the

“Performing Party Designated Office Locations” of the “Addresses for Notices / Project Representatives / Records Location” document of the Contract upon contract award.

An additional page may be provided for addresses if necessary.

Evaluation of the Response will, in part, be based on the physical locations of the Responder and team members performing the Work and how the locations will provide the best value for the state.

2. Responder’s Experience (Tab 2.2) (15-page limit; i.e., three pages per site – two pages of text and one page for the site map)

The purpose of this section is to provide information such that TCEQ can evaluate the capabilities of the Responder to plan and complete timely, technically-defensible, cost-effective assessments and remediation at various dry cleaner facilities.

Case histories shall be provided for five different sites. For the purposes of this section, team member case histories will not be evaluated, and thus, will lower the potential points the Responder may receive.

Case Histories shall show an understanding of performing assessments and remediation under the Texas Risk Reduction Program (TRRP) rules (30 TAC

350) and demonstrate the capabilities of the Responder to plan and complete timely, technically-defensible, and cost-effective responsive actions at various dry cleaner facilities or other chlorinated-solvent sites that incorporate innovative approaches and technologies. Each Case History shall describe corrective actions that were performed and shall demonstrate how the Responder’s expertise, capabilities, and knowledge of regulatory requirements helped move the site toward closure. Case Histories with work performed in the past 10 years are preferred. Case Histories that only discuss remediation engineering activities will NOT be evaluated; thus, will lower the potential points the Responder may receive.

Case History data will be validated by the TCEQ. If a Responder’s submitted Case History varies significantly from Site records, the Case History may not be evaluated, and the Responder may receive no points for that Case History.

If multiple case histories vary significantly from Site records, the Response may be disqualified.

The Case Histories shall be submitted and numbered in the following order:

Case History No. 1: Case that demonstrates experience in in-situ chemical oxidation.

Case History No. 2: Case that demonstrates experience in in-situ bioremediation.

Case History No. 3: Case that demonstrates removal of contaminated soil.

Case History No. 4: Case that utilized an innovative approach to assessment or non-engineered remediation activities.

Case History No. 5: Responder’s choice.

Each Case History should include:

• Name and address of the site;

• DCRP number (or other site ID number);

• Time period of Responder’s work;

• Regulatory agency involved;

• Description of regulatory requirements (if not TRRP, compared to TRRP) and technical approach and technologies employed;

• Identify the Responder’s role for the project, e.g., prime Contractor, or subcontractor;

• Identity of project manager, other Key Personnel, team members, and subcontractors;

• Brief characterization of site history, including releases, site geology, aquifer name, depth to groundwater, receptor identification, and local use of groundwater resources;

• Brief characterization of assessment or remediation activities, as applicable. Include a description of the technical approach and if applicable, the remediation technology employed;

• Summary of project results (e.g., contaminant distribution in environmental media, contaminant exposure pathways identified), including issues that arose during conduct of the work;

• Problems that were successfully overcome or minimized (e.g., equipment malfunctions, drought conditions, etc.);

• Current status of the subject site (e.g., investigation, remediation, closure);

• Types of reports submitted; and

• Actual site map from a submitted report that best illustrates key site conditions and indicates groundwater gradient.

The Responder must provide primary and secondary references associated with each Case History. References who would be unwilling to have their evaluations released under State Public Information Act or the Federal Open Records Act or who simply do not wish to be contacted should not be used. If no listed references for a submitted Case History can be contacted or they are unwilling to participate in the evaluation interview, the Case History may not be evaluated, and the Responder may receive no points for that Case History.

Reference failure may result in possible disqualification of the Solicitation.

The following information must be included for each reference:

• Project Name;

• Reference’s Company Name;

• Reference’s Contact Name and Telephone Number; and

• Reference’s Role and relationship to the Case History and Responder.

3. Qualifications and Experience of Responder’s Team [Responder’s Team = Responder plus subcontractor (individual or entity) contributing to Key Personnel (Tab 2.3) (three-page limit)

The purpose of this section is to provide information such that the TCEQ can evaluate the capabilities, experience, and potential effectiveness of the Responder’s Team.

The Responder shall describe the qualifications, roles, and responsibilities of each company or firm on the Responder’s Team for performing the Work described in the Solicitation. This narrative shall summarize relevant experience and describe the proposed duties for each team member company. The experience of individual personnel will be described in Tab 2.4 (Key Personnel Qualifications) and will not be considered when evaluating the general experience of the Responder’s Team.

Include specific details demonstrating the Responder’s Team’s ability to successfully and cost-effectively:

• Assess dry cleaner facility history, determine past and present dry cleaner facility processes;

• Identify likely locations of solvent releases and assess the effects of dry cleaner processes on contaminant fate and transport;

• Conduct site assessments to delineate the nature and extent of dry cleaner solvent releases with an emphasis on PCE and its degradation products;

• Identify potential receptors, contaminant pathways, and contaminant fate and transport mechanisms;

• Use innovative approaches and technologies to expedite site closures and reduce costs;

• Remove contaminated media that pose an immediate threat to human health or the environment;

• Collect adequate and appropriate site assessment data to support remediation planning;

• Use innovative approaches and technologies to expedite site assessment, improve site characterization and reduce assessment costs;

• Anticipate and meet TCEQ’s needs;

• Perform all aspects of a project with limited oversight by TCEQ; and

• Complete projects and meet the responsive action goals.

4. Key Personnel Qualifications (Tab 2.4)

The purpose of this section is to provide information so that the TCEQ can evaluate the experience, credentials, and capabilities of personnel proposed by the Responder to provide the services listed in the Descriptions of Key Personnel appendix of the Example Contract. The Labor Categories are identified in FORM 1 below and Descriptions of Key Personnel appendix of the Example Contract defines the minimum qualifications and describes typical duties. Labor Categories correspond to the pay items provided in the Technical Specifications and shall not be altered.

The Responder shall only propose those personnel who will participate in Work under this Contract. A Responder will derive no benefit from proposing an unrealistic or excessive number of personnel, or from proposing personnel considered by the TCEQ to be unlikely to work on the Contract. Such proposals will score low in comparison to those proposals that reflect a logical staffing approach. During the term of the Contract, any proposed substitution or addition of personnel on the Contract must be justified in the required written format and submitted to the TCEQ for prior approval (refer to Qualifications of Personnel in the General Terms and Conditions for additional information).

The Contractor shall have, available for Work under this Contract, employees or subcontractors who meet the minimum requirements for each of the Labor Categories listed. Responses including personnel who are subcontractors, or employees of subcontractors, must comply with the HUB Subcontracting Plan.

Any changes in subcontractors requires an amendment to the HUB Subcontracting Plan before engaging or replacing a subcontractor.

4.1. Describe Proposed Key Personnel and Staffing Levels (two-page limit)

The Responder shall describe how the proposed Key Personnel and Key Personnel staffing levels will meet the requirements specified in this Solicitation. The rationale for the number of Key Personnel proposed for each Labor Category shall be provided.

4.2. Provide Key Personnel List (Complete FORM 1)

Using FORM 1 – Key Personnel List, the Responder shall provide the required information on the Microsoft Excel spreadsheet posted with the Solicitation and in the PDF of the solicitation. The Responder shall only list personnel who meet the minimum qualifications and will perform the duties of the Labor Category position as defined in the Descriptions of Key Personnel appendix in the Example Contract. Personnel may be qualified to fill more than one Labor Category. For example, the Project Manager may also be a Professional Geoscientist. If a person will fill more than one Labor Category, list them in each applicable Labor Category.

The proposed filling of different labor categories with the same personnel may be evaluated as part of the Responder’s organization and management approach. Additional lines may be added to any Labor Category and additional pages of this table may be included as necessary; no other modifications to the Form shall be made.

FORM 1 – Key Personnel List

4.3. Provide Resumes of Key Personnel (two-page limit per resume)

The Responder must provide resumes for proposed Key Personnel listed in FORM 1 using the format outlined in the Key Personnel Resume Format appendix in the Example Contract.

Labor Category Number of

Staff Names of Key

Personnel Employer

Primary Office

Location

Program Manager

Project Manager

Professional Geoscientist

Geoscientist

Hydrogeologist/ Modeler

Scientist/ Technical Specialist

Field Technician

Responder’s Price (Schedule of Pay Item Prices)

a. The Responder shall complete and return the Schedule of Pay Item Prices. The Contractor shall perform the Work as specified in the Contract Documents, including the description in the Technical Specifications.

The prices in the Schedule of Pay Item Prices included in the awarded contract under this Solicitation are fixed prices for the total duration of the contract, including the extension. The Period of Performance for an awarded contract is five years with an option for a 180-day extension. By submitting its Response to the TCEQ, the Responder certifies the completion, accuracy, and fixed-price status of the proposed prices therein.

All fixed-price pay items, unless stated otherwise, are fully-loaded unit prices that include all routine communication as defined in the Technical Specifications, labor, materials, equipment (including mobilization and demobilization), administration, and preparation costs for invoices, health and safety plans, Work Orders, and Work Order Amendments.

Unless otherwise described, the price is for one unit of each item, for example, one hour. The Responder must be able to perform all of the work included in the Technical Specifications and must propose a price for every fixed-price pay item in the spaces provided.

b. Price Scoring: The Schedule of Pay Item Prices will constitute 25 percent of the total score for the Responder during evaluation of the Response by the TCEQ. The Price score will be calculated using the following formula:

𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑆𝑆𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃 = �1 −

(Responder’s Price Total) − (Lowest Price Total of a Responder)

Highest Price Total of a Responder � ∗ 25

TCEQ will weight individual pay items.

c. Format of the Schedule of Pay Item Prices

The Responder must submit the completed Schedule of Pay Item Prices in the complete Response PDF and in the Microsoft Excel spreadsheet provided by TCEQ. Each price should have two decimal places.

In the event of discrepancies between the PDF version and the Microsoft Excel version, the information submitted in the Microsoft Excel version will be used.

2.3 RESPONSE CONTENTS

Fill out and submit the information and forms listed in the Response Contents Checklist behind the indicated TAB.

Response Contents Checklist

Response must be organized with the designated index TABs and in the designated order. If Responder has no information to place behind a TAB or TAB CONFIDENTIAL, insert a page marked “Not Applicable” behind the TAB.

TAB CONFIDENTIAL

Confidential Information (Includes Personally Identifiable Information [PII] or Sensitive Personal Information [SPI], including Social Security Numbers, must be removed from designated TAB location and placed behind this TAB CONFIDENTIAL.)

TAB 1 Authorized Signature and Information

• Responder’s Signature and Information (containing no PII or SPI)

• Signed Cover Pages of Addenda

• Response Contents Checklist

TAB 2 Scope of Services, Evaluation Criteria, Response Contents

TAB 2.1 Responder’s Company Description, Organization, and Management

• Responder’s Business Entity

• Responder’s Management Approach

• Organization Chart or Diagram

• Office Location Maps

TAB 2.2 Responder’s Experience

• Responder Case Histories

• Responder References Associated with Case Histories

TAB 2.3 Qualifications and Experience of Responder’s Team

• Responder Team Qualifications, Roles, and Responsibilities

TAB 2.4 Key Personnel Qualifications

• Responder Proposed Key Personnel and Staffing Levels

• Form 1 - Key Personnel List

• Key Personnel Resumes

TAB 3 Responder’s Price - Schedule of Pay Item Prices

TAB 4 Reserved

TAB 5 Additional Response Forms

• Preferences Form (as applicable)

• HUB Subcontracting Plan Forms

TAB 6 Other

May be used to include information that does not fall under another designated TAB, to explain a Certification you cannot make, or disclose a Conflict of Interest.

Responder’s Signature and Information (Failure to sign below will disqualify your Response.)

Registered Name of Responder:

D/B/A Company Address:

Vendor ID Number/Texas Identification Number (TIN):

The TIN is the payee identification number assigned and used by the Comptroller of Public Accounts of Texas to process payment for goods/services.

If the Responder does not have a Vendor ID Number, provide the Federal Employer Identification Number (EIN). If Responder lacks a Federal EIN, provide the Responder’s Social Security Number.

***Note: If providing a Social Security Number or an EIN that contains a full or partial social security number, provide the EIN or Social Security Number behind Tab CONFIDENTIAL.

Federal Employer Identification Number (EIN):

Unique Entity Identifier Number, if applicable:

Printed Name and Title of individual authorized to bind Responder to this Response:

Authorized Signature:

Date of Signature:

Your signature binds you to everything in the Solicitation and your Response, including the Certifications and your completed HUB Subcontracting Plan. By signing, you also affirm that everything in your Response is complete, true, and accurate.

Name of Responder Representative to contact regarding this Response:

Title of Representative:

Telephone Number:

Email Address:

Pursuant to Texas Family Code § 231.006(c), regarding child support, Responses must include names and Social Security Numbers of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the Response. See Responder’s Certifications for additional information. Check one of the following:

This provision applies, and the required information is submitted behind Tab CONFIDENTIAL in the Response.

This provision does not apply.

RESPONDER’S CERTIFICATIONS

By signing and submitting its Response, Responder certifies each of the numbered statements below. If Responder cannot affirm any of the certifications, please provide the facts that prevent Responder from making the certification in Tab 6. These certifications are part of the Response and any resulting Contract. False certifications may lead to disqualification of the Response or to contract remedies, such as termination for cause, and other administrative and criminal penalties.

1. Responder has not given or offered, and does not intend to give or offer, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service or other thing of value to a public servant in connection with its Response.

2. Responder has disclosed in Tab 6 any known financial interest of, or foreseeable financial benefit to, any TCEQ commissioner, executive director, deputy executive director, general…