ESBD_424523_1748905207606_458-E250462 RFP Video Services.pdf

TABC RFP Version 1.0 RFP No. E250462 Page 1 of 24

REQUEST FOR PROPOSALS

RFP No. 458-E250462

TABC 2025 Alcohol Responsibility and Safety Video

NIGP Class/Item: 915-82

Date of Release: June 02, 2025 Responses Due: June 23, 2025, 5:00pm CDT

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas Alcoholic Beverage Commission (“TABC”) seeks to contract with one or more qualified vendors to develop and produce videos about alcohol responsibility and safety, in accordance with the Statement of Work (“SOW”) attached hereto as Exhibit A. As stated in the SOW, the chosen vendor will be eligible to develop and produce additional videos if funding becomes available. Additional work, if any, will be awarded under the terms and conditions of this Request for Proposals and the base contract, with a separately negotiated SOW and notice to proceed.

To be considered for this award, Respondents must execute: Exhibit B – Respondent Affirmations and Solicitation Acceptance, Exhibit D – Federal Assurances and Certifications, and Exhibit E –TxDOT Grant Agreement General Terms and Conditions, attached hereto and incorporated herein in their entirety for all purposes, and Respondent must provide all other required information and documentation as set forth in this Request for Proposals (“RFP” or “Solicitation”).

1.2 DEFINITIONS

Definitions in Exhibit C – TABC Uniform Terms and Conditions, shall apply upon execution of any Contract awarded pursuant to this RFP.

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

“Addendum” means a written clarification or revision to this Solicitation, issued by the TABC.

“Contract” means the document governing the agreement between TABC and the recipient of any award for which proposals are being solicited pursuant to this RFP No. E250462.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where state of Texas bidding opportunities over $25,000 are posted.

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

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, required to be submitted with all responses to state agency Contracts with a potential value of $100,000 or more, where subcontracting opportunities have been determined by the state agency to be probable. The HSP subsequently becomes a provision of any Contract awarded, and shall be

TABC RFP Version 1.0 RFP No. E250462 Page 3 of 24 monitored for compliance by the state agency during the term of the Contract and any extensions.

“Point of Contact” or “POC” means the TABC Purchaser named in Paragraph 3.5.1 below.

“Request for Proposals” or “RFP” or “Solicitation” means this entire posting, including Exhibits and Addenda, if any, and the terms are interchangeable.

“Respondent” means the entity responding to this Solicitation.

“Response” or “Solicitation Response” means a Respondent’s complete submission pursuant to this RFP, and the terms are interchangeable.

“Solicitation” means this entire posting, including Exhibits and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including the TABC and any other state agency, and the officers, employees, or authorized agents thereof.

“Texas Alcoholic Beverage Commission” or “TABC” means the administrative agency established under the Texas Alcoholic Beverage Code, or its designee.

1.3 AUTHORITY

The TABC is soliciting the services listed herein under Title 10, Subtitle D of the Texas Government Code, State Purchasing and General Services and the Texas Alcoholic Beverage Code.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE II. STATEMENT OF WORK AND AWARD

2.1 STATEMENT OF WORK

The Statement of Work (“SOW”) is attached hereto and incorporated herein in its entirety for all purposes as Exhibit A.

The Texas Alcoholic Beverage Commission (TABC) intends to contract with a qualified vendor to develop a video detailing the dangers of drinking and driving, with a focus on prevention of DWI/DUI by minors (persons under 21 years of age).

2.1.1 The video should be a 3- to 10-minute video which engages the audience and uses plain language concepts to illustrate the dangers of underage drinking. The video should incorporate creative camera angles and staging to portray a “point-of-view” approach of a minor-aged person partaking in excessive alcohol consumption, as well as the minor’s perspective on the resulting consequences.

2.1.2 The video should prioritize informing minors, parents, and the community at large of the dangers of underage drinking and driving, including (but not limited to): risks of physical injury or death, legal fees and fines, jail time, and impacts on education and job prospects. The video should include information on the laws, as well as the public safety risks associated with underage drinking.

2.1.3 In addition to the primary video, this project requires 3-5 cutdowns of the full video for use on social media and the TABC public website.

2.1.4 The intended audience is high school- and college-aged students, their parents, and the community at large.

2.1.5 Purpose – The purpose of this document is to serve as an anticipated Statement of Work to produce the temporary event training video and cutdowns.

2.1.6 This is a federally funded sub-award project through the Texas Department of Transportation (TxDOT), grant contract number 2025-TABC-G-1YG- 0013. TABC and TxDOT must approve all scripts and productions. The vendor must give both agencies 14 business days for approvals. The final approved productions must be delivered to TABC no later than Sept. 30, 2025, through electronic delivery of files to TABC.

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2.1.7 Key Project Deliverables

Dates are approximate and respondents may propose an alternate schedule provided that all final deliverables are due to the TABC no later than Sept. 15, 2025. If a condensed schedule is available with increased pricing, please indicate that on your proposal.

Completion Dates Task

July 18, 2025 Narrative and concepts due to TABC

July 28, 2025 TABC and TxDOT approve concepts

August 15, 2025 Preproduction complete

September 01, 2025 Production complete

September 15, 2025 Final edits approved production due to TABC

2.1.8 Key Elements for Proposals

The budget for the entire project may not exceed $35,000. Selection will be based on the best value to the State of Texas and not solely on cost. The videos may be live-action, animated, make use of a presenter, use stock footage, or use original footage.

2.1.9 Resources — Background information can be found at these links:

1. Courageous Persuaders:

https://www.youtube.com/watch?v=IoFR-0clcBg

2. Social hosting: How parents can follow the law:

https://youtu.be/3537FRWP8hc

3. Serving alcohol to minors has consequences:

https://youtu.be/izlPKvIcfxY

4. What is social hosting?: https://youtu.be/zveqDqRxt8o

5. Guide to Checking IDs:

https://youtu.be/S6A5Mku_6kE?si=SuUy44KVjdkvQEc3

6. Identifying Minors:

https://www.youtube.com/watch?v=H358aciz6Go

2.1.10 Note: Vendor must detail the services that will be provided and the cost for each video production.

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2.1.11 Items that must be included by the vendor (deliverables) for the primary video production includes:

a) Narratives and concepts.

b) Final approved scripts for each video production.

c) Location scouting, securing and selections of filming locations.

d) Travel costs that cover filming in no more than three (3) locations in Texas.

Filming may occur in the Dallas, Houston, Austin or San Antonio metropolitan areas. Whether filming occurs in more than one region will depend on locations identified and agreed upon by the vendor and TABC.

e) Makeup, wardrobe and props.

f) Casting, on-camera talent, principals, extras and voiceover talent.

g) Production staff member roles provided by vendor (i.e., director, producer, production manager, director of photography, teleprompter/camera operator, production assistant, art department, makeup artist, gaffer, grip and sound, animator, film editor and any other production staff position determined by vendor as needed for producing the video production.

h) Equipment (i.e., teleprompter, High Definition [HD] camera/lenses/tri-pod stand, digital still camera, grip equipment and lighting). Vendor must provide digital stills in .PSD and .JPG file formats, and screengrabs of video footage in .PNG format.

i) Stock music, voiceover recordings, animations, computer graphic images (use of TABC logo and TxDOT logo must be included in the proposal).

j) All editing of video footage, screen grabs for digital stills and encoding.

k) Spanish and English closed-captioning translation costs for each video (i.e., provide closed- captioning as .SRT files for each video production and/or embed closed- captioning into each final video production).

l) Reviews for approval that are not limited to two (2).

m) Delivery of two (2) master hard copies of the files for each of the final approved video productions, meaning six (6) copies in total, containing:

1. Master copy of each final approved video production with all of the master files in low and high resolution in .MP4 and .MOV formats, digital stills (.PSD, .JPG, .PNG) and Spanish and English closed-

TABC RFP Version 1.0 RFP No. E250462 Page 7 of 24 captioned translations and/or embedded (.SRT) files loaded to the TABC SharePoint site); and

2. Master copy of each final approved video production with all of the master files in low and high resolution in .MP4 and .MOV formats, digital stills (.PSD, .JPG, .PNG) and Spanish and English closed-captioned translations and/or embedded (.SRT) files loaded to the TABC SharePoint site); and Master copy of each final approved video production with all of the master files: low and high resolution {.MP4, .MOV), digital stills {.PSD,.JPG,.PNG) and Spanish and English closed-captioning translations and/or embedded {.SRT) files, loaded to a USB flash drive.

3. All master files must contain:

a. Two (2) .MP4 files (one low-resolution file and one high-resolution file for web: YouTube 1080p H.264 file and one encoded at ‘same as source’ quality, both should be shot and delivered at 30 fps.

b. Closed-captioning .SRT files for each final approved video production (i.e. translated .SRT files and/or embed closed-captioning into each final approved video production in both Spanish and English).

c. Fifteen to thirty (15-30) digital stills of each video production (i.e., digital stills of the video productions' onscreen talent in principal and extra roles; and production scenes that can tell a story). Vendor must provide digital stills (as .PSD and .JPG files, and screen grabs of footage as .PNG files), which will be used in educational materials to promote the video productions.

d. One (1) complete set of all master files uploaded to the TABC SharePoint site (do not use Dropbox).

Note: TABC and TxDOT reserve the right to the copyright and ownership of the video footage, digital photography stills and/or screen grabs, and the final approved video productions.

2.1.12 Deliverable Phases

To satisfy the purpose and intent of the video series TABC would like each of the videos to be broken down in the following four (4) phases showing a compensation hourly/day rate schedule for each service performed. The concepts will be

TABC RFP Version 1.0 RFP No. E250462 Page 8 of 24 approved by TABC and TxDOT staff. Concepts should be included as part of the proposal.

a) Phase I: Development: This phase includes developing messaging, and concepts will be approved by TABC and TxDOT staff. Concepts should be included as part of the proposal.

b) Phase II: The Creative/Pre-Production Phase includes working with TABC staff to create and finalize approved scripts for production. Vendor must provide a staff writer to work closely with a committee of TABC staff to develop script creation, make edits and revisions to scripts, and produce a final approved script for each video.

c) Phase III: The Production Phase includes location scouting and selection of filming locations, casting principal talent, extras and voice- over talent, production staff and equipment fees. Makeup, wardrobe and props will be provided by the vendor.

Vendor will capture scenes, talent statements, and digital stills with an HD camera package for each video production.

d) Phase IV: The Post-Production Phase will take place at the vendor's studio under the guidance of TABC staff. Vendor will edit footage, digital stills/screen grabs of footage, add graphics, stock music, voice-over recordings, and provide closed- captioning (captions must be provided in both Spanish and English).

Output includes encoding all of the final approved videos with closed-captioning; and delivering (2) master copies of each final approved video production and digital stills and/or footage screen grab files by uploading the master files to the TABC SharePoint site and on a USB flash drive.

e) Digital Quality and File Formats for Masters:

1. Resolution quality (low .MP4 for web, high .MP4 for other uses, and

.MOV for QuickTime).

2. Digital stills/footage screen grabs (must be provided in .PSD,.JPG, and

.PNG file formats).

3. Closed-captioning: (must be provided in .SRT file format and/or embedded in final approved video productions).

2.1.13 Performance Measures

Vendor performance will be measured based upon timely and satisfactory completion of each deliverables phase.

TABC and TxDOT retain the copyright to all produced material TABC and TxDOT reserve the right to the copyright and ownership of the video footage, digital photography stills and/or screen grabs, and the final productions.

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2.2 CONTRACT AWARD, TERM, AND AMOUNT

2.2.1 Contract Award and Execution

The TABC intends to award one Contract pursuant to this Solicitation. Any award is contingent upon approval of TABC’s Executive Director or designee.

If, for any reason, a final Contract cannot be executed with the selected Respondent within 30 (thirty) days of the issuance of the Notice of Award, the TABC may negotiate with the next highest scoring Respondent; or may withdraw or modify this RFP, including making a partial award.

2.2.2 Contract Term

The TABC anticipates that the initial term of any Contract pursuant to this Solicitation shall be from the date of Contract execution to September 30, 2025.

2.2.3 Contract Amount

The total compensation for services in the SOW shall not exceed $35,000 (THIRTY FIVE THOUSAND DOLLARS). However, notwithstanding the preceding, the TABC reserves the right to increase the amount of the award if additional state or federal funding becomes available during the term of the Contract and any extensions.

2.3 NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION

The TABC makes no guarantee of volume, usage, or total compensation to be paid under any Contract awarded hereunder, which is subject to appropriations and the continuing availability of funds.

The TABC reserves the right to cancel this Solicitation at any time prior to making an award; or to make a partial award; or to decline to make any award whatsoever, in its sole discretion

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATES AND TIMES

Solicitation Release Date June 02, 2025

Deadline for Submitting Questions and Requests for Clarification

June 13, 2025

Deadline for TABC Response to Vendor Questions June 16,2025

Deadline for Submissions: RESPONSES MUST

BE RECEIVED BY THE TABC BY OR BEFORE

THIS DAY AND TIME.

June 23, 2025, by 5:00 PM Central Daylight Time

Evaluation Period June 23 - June 27, 2025

Anticipated Date for Notice of Award July 07, 2025

Anticipated Contract Start Date July 07, 2025

Note: The dates above are tentative. The TABC reserves the right to modify them at any time by notice posted to the ESBD. Any dates occurring after the Deadline for Submissions are subject to revision, in the sole discretion of the TABC, to dates earlier or later than shown, without notification on the

ESBD.

3.2 TABC CHANGES, AMENDMENTS, OR MODIFICATIONS TO THE SOLICITATION

The TABC reserves the right to change, amend, or modify any provision of this Solicitation, or to withdraw it at any time prior to award if determined to be in the best interest of the state. Revisions will be posted on the ESBD, and it is the responsibility of Respondents to check the ESBD periodically to ensure full compliance with the requirements of this Solicitation and any Addenda.

Respondents shall rely only on written statements issued by or through the TABC concerning this Solicitation and revisions to it, if any.

3.3 IRREGULARITIES IN THE SOLICITATION

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the Point of Contact listed in Paragraph 3.5.1 below, as soon as

TABC RFP Version 1.0 RFP No. E250462 Page 11 of 24 possible, so that correct or clarified information can be furnished to all prospective Respondents.

3.4 INFORMALITIES IN A SOLICITATION RESPONSE

The TABC reserves the right to waive minor informalities in a Solicitation Response if determined to be in the best interest of the state. A "minor informality" is an omission or error that, in the TABC's sole determination, would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Solicitation Response or the requirements of this Solicitation, if waived or modified during evaluation.

3.5 COMMUNICATIONS RELATED TO THIS SOLICITATION

3.5.1 Point of Contact (“POC”)

All questions and requests for clarification and all other communication about this Solicitation shall be sent by electronic mail directly to the TABC's Solicitation Responses inbox with a copy to the TABC Purchaser named below.

Questions concerning preparation of the HUB Subcontracting Plan should also be submitted as directed here.

Primary Point of Contact

Name: Casey Heideman, CTCD Title: TABC Purchaser and HUB Coordinator Email to: Solicitation.Responses@tabc.texas.gov w/copy to: Casey.Heideman@tabc.texas.gov

Secondary Point of Contact

Name: Kate Lype, CTCD, CTCM Title: Procurement Manager Email to: Kate.Lype@tabc.texas.gov

3.5.2 Prohibited Communication

Upon issuance of this Solicitation, neither the TABC nor its representatives or partners will answer any questions or otherwise discuss this Solicitation with potential Respondents or their representatives, except as described in Paragraphs 3.5.1, 3.5.4, and 3.5.5 hereof. Asking questions by phone or in person is strictly prohibited and attempts to do so will not be allowed or recognized as valid. This prohibition does not preclude communication between or among affected parties required to conduct business unrelated to the Solicitation.

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Failure to comply with this prohibition may result in Respondent's disqualification.

3.5.3 This Paragraph was intentionally left blank.

3.5.4 Required Format for Questions

Questions must be submitted by email to the two addresses listed in Paragraph

3.5.1. Please include your company’s name, address, phone number, email address, and the name of your contact person when submitting questions.

Respondent names will be removed from questions if released with a TABC response.

Use the following format to submit questions to avoid rejection:

a) RFP No. 458-E250462

b) Section Number

c) Paragraph Number

d) Page Number

e) Text of the passage being questioned

f) Question

3.5.5 Communication Deadline

Respondents must notify the TABC POC of any ambiguities, conflicts, discrepancies, exclusionary specifications, omissions, or other errors noted in the Solicitation. Such notifications, as well as all questions, must be received by the TABC by the Deadline for Questions in the Schedule of Events in Section 3.1.

Notwithstanding the preceding, the TABC, in its sole discretion, may respond to communications received after the deadline.

If a Respondent fails to properly and timely notify the POC of such issues, the Respondent submits a Solicitation Response at its own risk. If awarded a Contract, such Respondent: (1) shall have waived any claim of error or ambiguity in the Solicitation and any resulting Contract, (2) shall not contest the interpretation by TABC of any such provision(s), and (3) shall not be entitled to additional compensation relief or time, by reason of ambiguity, error, or later correction.

3.5.6 TABC Responses to Questions

TABC responses to questions may be posted on the ESBD. The TABC reserves the right to amend any answers that were posted prior to the deadline for submission of Solicitation Responses. It is the responsibility of each Respondent to check the ESBD for TABC communications which may affect the RFP, the Solicitation Response, or the solicitation process. The TABC reserves the right to decline to answer any question or to provide a consolidated answer to questions selected for response.

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3.6 SUBMITTING A SOLICITATION RESPONSE

3.6.1 Generally

Respondents shall submit by email an original Proposal with all required documents; Respondent information; and an original Cost Proposal; with each document marked “Original.” Failure to submit all required documents in the required format(s) and properly labeled, may result in disqualification of the Response without further consideration. Responses to this Solicitation must clearly and concisely represent Respondent’s qualifications and capabilities to perform the services required under this Solicitation.

The TABC, in its sole discretion, may reject any or all proposals or portions thereof.

3.6.2 Submission in Separate Parts

Sections of the Solicitation Responses must be submitted as separate documents and, if necessary, may be transmitted in more than one email, grouped as follows:

a. Original Proposal and Respondent Information

b. Original Cost Proposal

NOTE: If your Response will be submitted in more than one email, please assign numbering to account for them all (e.g., 1 of 3; 2 of 3; 3 of 3, etc.).

To ensure that TABC receives your entire Response for evaluation and that no files are lost in transmission, you must also send a separate confirmation email to the TABC POC stating that you submitted your Response by the deadline in the Schedule of Events.

The confirmation email must include: (a) the subject line of each email sent; (b) the title of each document attached to each email; and (c) the time and to whom each email was sent.

3.6.3 Supporting Documentation

If your Response requires supporting documentation for any reason, it must be provided with the Response, clearly labeled and cross-referenced to each tab, page, section, and/or paragraph to which it applies.

3.6.4 Discrepancies This Paragraph was intentionally left blank.

3.6.5 Exceptions

The TABC will more favorably evaluate Responses that offer no or few exceptions, reservations, or limitations to the terms and conditions of this Solicitation.

No exception, term, condition, or provision of a Solicitation Response that varies from or contradicts this Solicitation will be construed as affecting any contract awarded unless expressly added by the TABC, in writing.

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Respondents should not assume that any term, condition, or provision of the Solicitation can or will be negotiated. Furthermore, all Responses constitute binding offers. Any Response that includes any disclaimer or other statement indicating that the Response is not a binding offer may be disqualified.

3.7 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.7.1 Deadline to Respond

Solicitation Responses must be received electronically by TABC no later than the day and time specified in the Schedule of Events in Section 3.1.

3.7.2 Labeling

Responses shall be emailed to solicitation.responses@tabc.texas.gov with a copy to Casey.Heideman@TABC.texas.gov; and the email subject line shall be:

Response to RFP 458-E250462 - Video Production Services

SOLICITATION: RFP 458-E250462

SOLICITATION NAME: Video Production Services

RESPONSE DEADLINE: June 23, 2025, @ 5:00 PM CDT

Documents originally submitted as part of the Response must be clearly named and labeled “Original.”

It is solely the responsibility of Respondent to deliver a complete Response by the specified date and time with documents labeled as instructed. The TABC will not be responsible for the mishandling of any Response prior to its receipt by the

TABC.

3.7.3 Delivery

Respondents are strongly encouraged to submit their Response prior to the deadline to ensure appropriate time for troubleshooting if files do not transmit properly.

NOTE: All Solicitation Responses become the property of the TABC upon receipt and will not be returned to Respondent.

3.7.4 Alterations, Modifications, and Withdrawals

Prior to the submission deadline, a Respondent may: (a) withdraw its Response by submitting a written request to the TABC POC; or (b) modify its Response by submitting a written amendment to the TABC POC. TABC may request additional information or modifications at any time after receiving a Response.

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Title 10, Subtitle D of the Texas Government Code and other applicable law. The TABC is not obligated to accept the lowest-priced Response but shall make an award to the Respondent that, in the sole judgement of the TABC, provides the best value to the state of Texas.

4.1.2 Minimum Qualifications

Solicitation Responses 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. Respondent must meet the minimum qualifications listed below.

a) Respondent must have recently been in business for a minimum of five (5) years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided video production services.

b) Respondent shall have demonstrated experience in video production services.

c) Respondent must be financially solvent and adequately capitalized.

d) Respondent must be authorized to do business in the state of Texas.

4.1.3 Specific Criteria

Solicitation Responses shall be evaluated consistently, with scores weighted according to the following criteria:

a) Cost (40%)

b) Qualifications (30%)

c) Experience (30%)

4.1.4 Other Information

The TABC may contact any references provided, may contact Respondent's clients, or may solicit information from any available source including, but not limited to, the Comptroller's Vendor Performance Tracking System.

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4.2 INITIAL COMPLIANCE SCREENING

The TABC will perform an initial screening of all Solicitation Responses received.

Unsigned Responses and any that do not meet the minimum qualifications in Paragraph 4.1.2 above, or that do not include all required documents, forms, signatures, and information may be subject to rejection without further evaluation.

4.3 COMPETITIVE RANGE AND BEST AND FINAL OFFER

The TABC may determine that certain Responses 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 select Respondents. If the TABC elects to limit award consideration to a competitive range, the competitive range will consist of the Responses that receive the highest or most satisfactory ratings based on the published evaluation criteria and procedures governing this procurement. The TABC, in the interest of administrative efficiency, may place reasonable limits on the number of Solicitation Responses that will be included in the competitive range.

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

4.4 ORAL PRESENTATIONS AND SITE VISITS

The TABC may require an oral presentation from any or all Respondents.

Respondents will be given advance notice of any oral presentation and are responsible for their own presentation equipment. Failure to participate in a requested presentation may eliminate a Respondent from further consideration.

The TABC is not responsible for any costs incurred by the Respondent in preparation for an oral presentation.

The TABC may make site visits to any or all Respondents. The TABC will notify selected Respondents of the time and location of any planned site visits. Failure to permit or participate in the site visit may eliminate the Respondent from further consideration. The TABC is not responsible for any costs incurred by the Respondent in preparation for any site visit.

4.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY THE TABC

The TABC reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, including during oral presentations, site visits, or during the BAFO process.

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ARTICLE V. NARRATIVE PROPOSAL

5.1 NARRATIVE PROPOSAL

5.1.1 Executive Summary

Respondents must provide a high-level overview of their approach to meeting the requirements in the SOW in Exhibit A. The summary must demonstrate an understanding the TABC's goals and objectives under this Solicitation.

5.1.2 Project Work Plan

Respondents must describe their proposed processes and methodologies for providing all components of the SOW in Exhibit A. Respondent should identify all tasks to be performed, including all project activities, equipment to be used, materials, and other products, services, and reports to be generated during the contract period.

In addition, Respondent must document at least four (4) other projects of similar complexity. Failure to document comparable projects may result in disqualification.

5.1.3 Key Staffing Profile

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

ARTICLE VI. 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, including in the SOW in Exhibit A, and to produce the specified goods or services on time. Respondent must also provide the following information:

6.1.1 Company Narrative

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

6.1.2 Company Profile

Provide a company profile which includes:

(a) a narrative and a graphical representation of the company’s ownership structure (corporation, partnership, LLC, or sole proprietorship), including

TABC RFP Version 1.0 RFP No. E250462 Page 19 of 24 any wholly owned subsidiaries, affiliated companies, or joint ventures. 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 the majority of the services under a contract must be the primary bidder, throughout the term of the contract. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entity or entities (i.e., parent company, affiliate, joint venture, subcontractor) will perform them;

(b) if incorporated, indicate the state where the company is incorporated, the date of incorporation, and the year in which the company was founded and/or incorporated;

(c) the location of company headquarters and any field offices that may provide services for any contract resulting from this Solicitation;

(d) the number of employees in the company, both locally and nationally, and the locations from which employees will be assigned;

(e) the name, address, and telephone number of Respondent’s point of contact for any contract resulting from this Solicitation; and

(f) 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 Texas Secretary of State to do business in Texas must be provided, as well.

6.3 MAJOR SUBCONTRACTOR INFORMATION

Respondent must identify any major subcontractors to be utilized in performing 15% (fifteen percent) or more of any contract. Respondent must indicate whether or not Respondent holds a financial interest in any major subcontractor so listed.

It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement affirming that the subcontractor has read and will agree to abide by Respondent's obligations under any contract awarded pursuant to this Solicitation.

6.4 LITIGATION AND CONTRACT HISTORY

Respondent must include in its Solicitation Response complete disclosure of any alleged or proven significant contractual failures. In addition, Respondent must disclose its involvement in any civil or criminal litigation or investigation during the past five (5) years in which Respondent was found guilty or liable, including any such allegations currently pending.

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Respondent must also disclose any settlement agreements entered into during the last five (5) years related to alleged contractual failures. Failure to provide all required information may disqualify Respondent. Solicitation Responses may be rejected based on 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 to meet contractual obligations.

6.5 CONFLICTS OF INTEREST

Respondent must certify that it has no personal or business interests that present a conflict of interest with respect to the RFP and any resulting contract. If applicable, Respondent must also disclose all potential conflicts of interest.

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. The TABC will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or the termination of any contract awarded pursuant to this

RFP.

Please include any activities of any affiliated or parent organizations and individuals who may be assigned to this Contract.

6.6 AFFIRMATIONS AND CERTIFICATIONS

Respondent must complete and return all the following listed forms, attached hereto and incorporated herein in their entirety for all purposes:

a) Exhibit B – Respondent Affirmations and Solicitation Acceptance

b) Exhibit D – Federal Assurances and Certifications

c) Exhibit E – TxDot Grant Agreement General Terms and Conditions

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ARTICLE VII. COST PROPOSAL

7.1 COST PROPOSAL

As noted above, Cost Proposals must be submitted separate and apart from, and be excluded from, Respondent's Information and Narrative proposal.

Respondent’s Cost Proposal must cover the services listed in the SOW in Exhibit A.

Respondent must provide a separate cost proposal for each video; and all cost proposals may be combined into a single file. However, Respondent may not provide more than one cost proposal per video. If multiple proposals are submitted, TABC will evaluate only one, in its sole discretion.

Cost proposals shall include all costs for labor, materials, tools, supplies, equipment, personnel travel, and associated and incidental costs necessary to provide the products and services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this RFP and all Exhibits.

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ARTICLE VIII. GENERAL TERMS AND CONDITIONS

8.1 GENERAL CONDITIONS

8.1.1 Solicitation Amendments

The TABC reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw it entirely at any time prior to award, if determined to be in the best interest of the state.

8.1.2 Offer Period

Solicitation Responses shall be binding for 90 (ninety) days after the deadline for submission listed in the Schedule of Events in Section 3.1 hereof. Respondents may extend the time period during which their Response will be honored, but may not shorten it. Upon contract execution, prices agreed upon by the Respondent are an irrevocable offer for the term of the contract and any extensions. No other costs, rates, or fees shall be due or payable to the Respondent unless expressly agreed upon in writing by the TABC.

8.1.3 Costs Incurred

Respondents understand that the issuance of this Solicitation in no way constitutes a commitment by any TABC division or employee to award a contract or to pay any costs incurred by a Respondent in preparing a its Response. The TABC is not liable for any costs incurred by a Respondent prior to issuance, execution, or entrance into a formal agreement, contract, or purchase order. Costs of developing Solicitation Responses, preparing for or participating in oral presentations and site visits, or any other 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.

8.1.4 Contract Responsibility

The TABC will look solely to Respondent for the performance of all contractual obligations resulting from an award made pursuant to this Solicitation. Respondent shall not be relieved of the responsibility for its obligations based on nonperformance by any of its subcontractors.

8.1.5 Public Information Act

Solicitation Responses 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 Solicitation Response from public disclosure should familiarize themselves with relevant law or consult

TABC RFP Version 1.0 RFP No. E250462 Page 23 of 24 an attorney. Information in the Solicitation will be withheld or released in strict accordance with the PIA.

8.2 INSURANCE

8.2.1 Required Coverage

For the duration of any Contract resulting from this Solicitation, Respondent shall acquire insurance, bonds, or both if applicable, with financially sound and reputable independent insurers, in the type and amount customarily carried within the industry. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

8.2.2 Alternative Insurability

Notwithstanding the requirements of Paragraph 8.2.1 above, TABC reserves the right to consider reasonable alternative methods of insuring any contract awarded pursuant to this Solicitation. It is Respondent's responsibility to submit to the TABC alternative methods of insuring the contract, accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds ordinarily carried in the industry. The TABC shall judge the adequacy of any alternative form of insurance coverage submitted, and the final decision concerning adequacy shall be in the sole discretion of the TABC.

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ARTICLE IX. SUBMISSION CHECKLIST

This checklist is provided for convenience only and identifies documents which are requested in this Solicitation.

Original Solicitation Response Package

The Solicitation Package must include the Original Solicitation Response consisting of three parts, described in detail below. Each of the three main parts should be in separate electronic files, clearly labeled.

1. Narrative Proposal and Respondent Information and forms

a. Narrative Proposal (Section 5.1) ____

b. Company Information (Section 6.1) ____

c. Major Subcontractor Information (Section 6.3) ____

d. Litigation and Contract History (Section 6.4) ____

e. Conflicts (Section 6.5) ____

f. Respondent Affirmations and Solicitation

Acceptance, Federal Assurances and

Certifications (Section 6.6) ____

2. Cost Proposal (Section 7) ____

3. Exhibits requiring execution are indicated with an asterisk below. They must be completed, signed, and returned to TABC at this time. All Exhibits are incorporated herein either physically or by reference in their entirety for all purposes, and will also be incorporated into any resulting Contract. Documents may be signed electronically or submitted with a scanned signature.

EXHIBIT A - STATEMENT OF WORK FOR RFP No. 458-E250462

*EXHIBIT B – RESPONDENT AFFIRMATIONS AND SOLICITATION ACCEPTANCE

EXHIBIT C – TABC UNIFORM TERMS AND CONDITIONS

*EXHIBIT D – FEDERAL ASSURANCES AND CERTIFICATIONS

*EXHIBIT E – TXDOT GRANT AGREEMENT GENERAL TERMS AND CONDITIONS