ESBD_414735_1746198545766_582-25-00013-Addendum 1-Final.pdf

Texas Commission on Environmental Quality P.O. Box 13087, MC 182

Austin, Texas 78711-3087

Addendum Number 1 Request for Qualification (RFQ) Solicitation 582-25-00013

Emergency Action Plan

May 2, 2025

RESPONSES DUE DATE: May 27, 2025, no later than 3:00 PM Central Time

Attachment D: Non-Disclosure Agreement (NDA)

The following is added as Special Term and Condition 13:

13. The Contractor may receive information deemed Confidential Information under Government Code §§ 418.176–77 and 181. Upon Contract award, the Contractor will be required to complete a Non-Disclosure Agreement (NDA) before being assigned work under the Contract. The sample NDA is included as Attachment D to the Contract.

ISSUED BY: Yvette Owens, Contract Specialist DATE 5/2/2025

Note to Respondent: Respondent is requested to acknowledge receipt of this addendum by signing and dating on the space below, and including this page along with your response.

Responses may be considered non-responsive if this cover page is not signed and returned. To view the solicitation package, visit the Texas Marketplace website at http://www.txsmartbuy.com/sp.

Signature/Date

Addendum 1 Emergency Action Plan Page 1 of 5

Attachment D is also included with this Addendum.

http://www.txsmartbuy.com/sp YOwens Line

Texas Commission on Environmental Quality P.O. Box 13087, MC 182

Austin, Texas 78711-3087

ADDENDUM NUMBER 1

Request for Qualification (RFQ) Solicitation 582-25-00013

Emergency Action Plan

*Important Notice to Vendors*

DO NOT include Attachment D in your response. This information is FOR YOUR INFORMATION ONLY.

Addendum 1 Emergency Action Plan Page 2 of 5

Attachment D

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

I,_________________________ (“CONTRACTOR”), an individual official, employee, consultant, contractor, employee of contractor, subcontractor, or employee of subcontractor of or to the Texas Commission on Environmental Quality (“TCEQ”), intending to be legally bound, hereby consent to the terms in this Confidentiality and Non-Disclosure Agreement (“Agreement”) in consideration for my contract work with the Texas Commission on Environmental Quality (TCEQ).

This Agreement is effective on the date that the CONTRACTOR signs the Agreement.

This Agreement is in addition to all other requirements of TCEQ Contract No. 582-XX- XXXXX (“Contract”).

1. Confidential Information.

1.1. Background. In the course of performing the Contract, Individual may be provided access to Confidential Information received through communications, meetings and documents provided by with members of TCEQ.

1.2. Any information provided to, gathered or produced by the CONTRACTOR in connection with providing services under this contract constitutes confidential information under Texas Government Code 418.176-77 and 418.181, and the CONTRACTOR shall not release such information without prior written authorization of the TCEQ. Confidential Information includes, but is not limited to, technical details of any dams, spillways, dam environs, safety records and reports, structural plans, studies and reports, and inspection reports.

2. Purpose for Disclosure

TCEQ makes this Confidential Information available to the CONTRACTOR solely for the purpose of allowing the CONTRACTOR sufficient information to provide the required services under TCEQ Contract No. 582-XX-XXXXX

3. CONTRACTOR’s Obligations

3.1. No Use. CONTRACTOR agrees not to use the Confidential Information in any way, except for the purpose set forth above.

3.2. No Disclosure. CONTRACTOR agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than persons having a need for disclosure (on a “need to know”

Addendum 1 Emergency Action Plan Page 3 of 5 basis) in connection with CONTRACTOR’s authorized use of the Confidential Information and who have also signed the required non-disclosure/confidentiality agreement.

3.3. Protection of Confidential Information. CONTRACTOR agrees to take all steps necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.

3.4. Notice of Disclosure. The CONTRACTOR agrees to promptly report to the Project Manager or TCEQ any loss, theft, misuse, misplacement, or any other unauthorized disclosure of the Confidential Information immediately upon discovery of the disclosure.

3.5 Return of Confidential Information. CONTRACTOR shall immediately return all Confidential Information in its possession to TCEQ upon termination of the contractual relationship or upon request.

4. Violation

CONTRACTOR agrees that a violation of the terms and conditions of this Agreement may result in the cancellation of the CONTRACTOR’s access to the information covered by this agreement.

5. Term and Termination

The obligations of this Agreement shall be binding upon signature and shall continue until the Confidential Information disclosed to CONTRACTOR is no longer deemed confidential by the State of Texas.

6. Survival of Rights and Obligations

The obligations of this agreement shall be binding upon, inure to the benefit of, and be enforceable by (a) TCEQ, its successors, and assigns, and (b) CONTRACTOR, its successors, and assigns.

7. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Texas.

Addendum 1 Emergency Action Plan Page 4 of 5

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

9. No Continuing Waiver

No waiver of any requirements under this Agreement, whether express or implied, shall be construed as a continuing waiver unless it is specifically described as a continuing waiver.

(Signature)

(Printed Name)

(Title)

(Date Signed)

Addendum 1 Emergency Action Plan Page 5 of 5

8. Severability