ESBD_430134_1750797605069_RFQ_455-25-1016_Final.pdf

RFQ No. 455-25-1016 Prof. Environmental Engineering Srvcs.

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RAILROAD COMMISSION OF TEXAS

REQUEST FOR QUALIFICATIONS

SITE REMEDIATION

PROFESSIONAL ENVIRONMENTAL

ENGINEERING SERVICES

Railroad Commission of Texas

1701 N. Congress Ave, Austin, TX 78701

Solicitation No. 455-25-1016

Proposal Due Date:

July 25, 2025

Time (Central Time):

2:00 p.m.

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TABLE OF CONTENTS

A.1 DEFINITIONS AND ACRONYMS

A.1.1 OVERVIEW, CONTENT, AND INSTRUCTIONS

A.2 DESCRIPTION AND OVERVIEW

A.2.1 DESCRIPTION OF SERVICES

A.2.2 ELIGIBILITY INFORMATION

A.2.3 TERM OF CONTRACT

A.2.4 STATEMENT OF SERVICES

A.2.5 MINIMUM QUALIFICATIONS

A.2.6 CONTRACTOR RESPONSIBILITIES

A.3 FINANCIAL MATTERS

A.3.1 PAYMENT TERMS AND AWARD SUMMARY

A.3.2 COMPLIANCE WITH TEXAS GOVERNMENT CODE CHAPTER 2251 REQUIRED

A.3.3 PROGRESS PAYMENTS

A.3.4 FINAL PAYMENTS

A.3.5 INVOICE REQUIREMENTS

A.3.6 AUTHORIZATION OF PAYMENT

A.3.7 NON-REIMBURSABLE ITEMS

A.3.8 NO PREPAYMENTS

A.3.9 REFUNDS

A.3.10 ADDING NEW SERVICES TO THE CONTRACT AFTER AWARD

A.4 ANTICIPATED SCHEDULE OF EVENTS

A.4.1 DUE DATE FOR PROPOSALS

A.4.2 SCHEDULE OF EVENTS

A.4.3 INQUIRIES AND ADDENDA

A.4.4 PROHIBITED COMMUNICATIONS/SOLE POINT OF CONTACT

A.5 PROPOSAL CONTENTS (REQUIRED)

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A.5.1 ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.5.2 ORGANIZATION OF THE PROPOSAL FOR SUBMISSION

A.6 DISCLOSURES

A.6.1 CHANGES IN OWNERSHIP CONDITIONS

A.6.2 LEGAL ACTIONS

A.6.3 OTHER

A.7 EVALUATION OF THE PROPOSAL

A.7.1 RESPONSIVENESS

A.7.2 EVALUATION AND AWARD OF CONTRACT

A.7.3 EVALUATION CRITERIA FOR EACH OF THE PROPOSAL COMPONENTS

A.7.4 EVALUATION AND SCORING

A.7.5 PAST PERFORMANCE

A.7.6 CONTRACT NEGOTIATION

A.7.7 BEST AND FINAL OFFER (“BAFO”)

A.7.8 MULTIPLE AWARDS

A.8 SUBMITTING THE RESPONSE TO RRC

A.9 ADDITIONAL INSTRUCTIONS

A.9.1 ACCURACY OF THE PROPOSAL

A.9.2 CONFIDENTIAL INFORMATION; PUBLIC INFORMATION ACT

A.9.3 IRREVOCABILITY OF THE PROPOSAL

A.9.4 AFFIRMATIONS AND REQUIRED CLAUSES

A.9.5 CONFLICTING SOLICITATION LANGUAGE

A.1 DEFINITIONS AND ACRONYMS

A.1.1 OVERVIEW, CONTENT, AND INSTRUCTIONS

When capitalized, the following terms and acronyms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

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Table 1: Definitions and Acronyms

Addendum/Addenda Modification to this solicitation, issued by RRC and posted to the Texas Comptroller of Public Accounts ESBD website (http://www.txsmartbuy.com/esbd) prior to Response due date.

Changed Conditions Subsurface or latent physical conditions differing materially from those indicated in the Contract or Work Order issued thereunder, or unknown, unusual physical conditions which could not reasonably be anticipated when considering and analyzing all information provided within the Solicitation and Contract documents and information readily accessible to Respondent and available upon Respondent’s request prior to Respondent’s submission of a Response.

Contract The written agreement, if any, executed by the authorized representative of RRC and the Vendor, that formalizes the terms, provisions, covenants, and obligations, including but not limited to those contained in this solicitation, of the respective parties to the agreement.

Contractor The individual or entity is qualified to provide the goods and/or services sought by RRC pursuant to this solicitation and who is ultimately selected to carry out the requirements stipulated in this solicitation and any resulting contract.

http://www.txsmartbuy.com/esbd

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Days The word “days” shall mean calendar days unless otherwise specifically noted.

Business days shall mean Monday through Friday except holidays officially listed on the State of Texas Holiday Schedule and/or on which RRC headquarters office is closed.

Electronic State Business Daily (ESBD) The designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.com/esbd

Fiscal Year (FY) RRC’s FY begins September 1 of one year and concludes August 31 of the following year.

Historical Underutilized Business (HUB) As defined within Texas Government Code Chapter 2161.

Naturally Occurring Radioactive Materials

(NORM)

Naturally occurring radiative material (NORM) is material found in the environment that contains radioactive elements of natural origin. NORM primarily contains uranium and thorium (elements that also release radium and radon gas once they begin to decay) and potassium.

Naturally Occurring Radioactive Materials (NORM) Certificate

Refers to the naturally occurring radioactive materials certification, demonstrating a Vendor’s ability to handle such material at a potential cleanup site.

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Notice to Proceed (“NTP”) The formal written authorization issued from RRC to Vendor, which indicates work under the Contract or Work Order issued thereunder is authorized to commence in accordance with the terms and conditions of the Contract and a Work Order issued thereunder and on, but not sooner than, the date specified within the Notice to Proceed.

Occupational Safety and Health Administration (“OSHA”)

OSHA is an agency of the United States Department of Labor to assure safe and healthful working conditions.

Professional Environmental Engineering Services

Professional services are occupations in the service sector requiring special training in the arts or sciences. Some professional services require holding professional degrees and licenses and they also require specific skills such as architects, accountants, engineers, doctors, lawyers and teachers. For the purposes of this solicitation, Professional Environmental Engineering Services includes, but is not limited to, the services listed and described in Attachment 1 Statement of Services.

Railroad Commission of Texas (RRC) The state agency responsible for the issuance of this solicitation.

RRC Authorized Representative The individual authorized to make decisions on behalf of RRC.

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Respondent An individual or entity who submits a response to this solicitation.

Response An expression of interest submitted by a Respondent to RRC because of this solicitation that contains the Respondent’s statement of qualifications and other information evidencing the Respondent’s qualifications to perform the services and work required under the Contract

Request For Qualification (RFQ) This solicitation document requesting submittal of qualifications or specialized expertise. This RFQ includes all attachments, appendices and exhibits hereto and/or that are incorporated by reference as though fully set forth within, and any Addenda that may be issued following issuance date of the original RFQ document set.

RRC Authorized Representative The individual authorized to make decisions on behalf of RRC.

RRC Statewide Rules The official rules of RRC and that are found in 16 TAC Part 1, Chapters 1 through 20. The TAC and RRC Statewide Rules may be found on the Office of the Secretary of State under the RRC Statewide Rules.

Solicitation and Contract Documents Those documents identified as a component of the solicitation, including all exhibits, attachments, and appendices thereto and/or that are incorporated by reference as though fully set forth within, https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC&part=1&title=16 https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC&part=1&title=16

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Statement of Services (SOS) A broad description of activities, deliverables, and expectations applicable to work to be delivered under the resulting Contract or a Work Order issued thereunder.

Scope of Work (SOW) A section within the SOS or within a Work Order issued under the Contract and that provides detailed specifications of the services to be provided.

TAC Texas Administrative Code

TGC Texas Government Code

Vendor The individual or entity qualified, in RRC’s sole determination, to provide the goods and/or services sought by RRC pursuant to this solicitation and who is ultimately selected to carry out the requirements stipulated in this solicitation, and any resulting contract and work order issued under such contract.

Work Order A description of a specific job or project arising under the Contract and that includes details applicable to the

2025 Version 1 location(s), goods, services, and incidentals of work to be performed.

A.2 DESCRIPTION AND OVERVIEW

A.2.1 Description of Services

In accordance with applicable provisions of Texas Government Code Chapters 2155, 2156 and 2254, the Railroad Commission of Texas extends this solicitation to qualified entities to submit a Response detailing the entity's qualifications to provide Professional Environmental Engineering Services as further described herein and in accordance with all terms, conditions, and specifications contained within the Solicitation and Contract Documents. Responses to this Solicitation No. 455-25-1016 shall be received by the Railroad Commission of Texas, Contract Management Section, 1701 N. Congress Avenue, Austin, TX 78701 no later than 2:00PM (CT), Friday, July 25, 2025 for RFQ No. 455-25-1016, Professional Environmental Engineering Services.

A.2.2 Eligibility Information

The RRC seeks Professional Environmental Engineering Services to be performed for the RRC throughout the state of Texas. Vendor shall provide all labor, materials, equipment, tools, incidentals, and services necessary to deliver Professional Environmental Engineering Services for the RRC, as directed. All work under the Contract shall be performed in accordance with applicable federal, state, and local statutes, laws, ordinances, regulations, and rules, including RRC Statewide Rules, the specifications within ATTACHMENT 1: Statement of Services and any Work Order issued under the Contract, and all terms and conditions of the Contract.

This solicitation describes the requirements that must be met by the selected Respondents. Respondents are cautioned to carefully read the solicitation in its entirety.

Selection of the most highly qualified Professional Environmental Engineering Services providers will be based on demonstrated competence, detailed credentials, evaluation criteria and other requirements as outlined in Section A7: Evaluation of the Proposal and ATTACHMENT 3: Respondent’s Qualification Statement. Please read Section A6: Disclosures in its entirety. Failure to provide the mandatory required information will automatically disqualify Respondent from consideration for award in connection with this solicitation. Selected Respondents shall be bound to the terms and conditions of this solicitation, and the RRC’s Contract as finalized between the RRC and Respondent (see solicitation ATTACHMENT 5: Sample RRC Contract ), any additional, specific terms and conditions applicable to a finalized, negotiated Work Order issued thereunder, and shall comply with all applicable local, state, and federal statutes, rules, 2025 Version 1 regulations, and ordinances, including but not limited to those related to licensing, certification, and permitting requirements.

RRC reserves the right to award more than one Contract from this solicitation. A Contract arising from this solicitation shall not be exclusive; RRC may obtain Professional Environmental Engineering Services from other sources during the term of the Contract. A Contract shall have no monetary value and no guarantee that any Work Order will be issued thereunder. An award of a Contract arising from this solicitation shall not disqualify a Respondent from responding to a future RRC project-specific solicitation for Professional Environmental Engineering Services.

A.2.3 Term of Contract

Any Contract resulting from this solicitation shall include an original term of one (1) year from the date of the Contract effective date (“Original Term”). At RRC’s discretion, the original Contract term may be extended for up to three (3) additional one-year optional renewal terms (“Renewal Term”). Renewal Terms to any Contract shall be accomplished through a written amendment to the original Contract, fully executed prior to expiration of the Contract, and shall incorporate all terms and conditions of the original Contract as may be amended by mutual agreement between the RRC and Vendor.

A.2.4 Statement of Services

This procurement for Professional Environmental Engineering Services will allow the Railroad Commission to contract with a highly qualified Professional Environmental Engineering Service provider with experience in Professional Environmental Engineering Services best practices to assist RRC with implementing the requirements of this solicitation. RRC does not have sufficient personnel required to perform the Professional Environmental Engineering Services and seeks to prequalify a Professional Environmental Engineering Service provider deemed highly capable of completing all work required under a Contract arising from Solicitation No. 455-25- 1016 and any Work Order(s) issued thereunder. See ATTACHMENT 1: Statement of Services.

A.2.5 Minimum Qualifications

To be eligible for consideration of contract award, Respondent must meet all minimum qualification requirements as outlined in the Solicitation and Contract Documents, including requirements stated within any part of this solicitation and the ATTACHMENT 1: Statement of Services. A Response must clearly demonstrate Respondent meets the following minimum qualifications:

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• Respondents must either be or employ a Texas Licensed Professional Engineer ("P.E.") or Texas Licensed Professional Geologist ("P.G.") with an educational background in engineering or geology and strong experience in environmental assessments, site investigations, remedial designs, and remedial action oversight at oil and gas industry exploration and production ("E&P") sites and associated facilities across the state. Copies of resume (2 pages maximum), applicable certificates, and current licenses (or wallet cards) must be included in Tab B Executive Summary.

• In accordance with Texas Occupations Code Title 6, Subchapter I § 1001.405.

Practice by Business Entity; Registration, all Engineering firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of Professional Engineers and Land Surveyors ("PELS") and/or Texas Board of Professional Geoscientists ("TBPG") concurrent with their submission of said response and, if selected, through the term of the contract. Provide a copy of your PELS and/or TBPG Certificate of Registration with your response in Tab B Executive Summary.

• The engineer or geologist must demonstrate knowledge of designing and managing E&P projects. E&P sites will consist of oil field production, reclamation, disposal, or transportation sites and facilities that may include the following: well locations, storage tanks, tank batteries and various other types of vessels, above and below ground piping, drill pipe, open or backfilled pits, pipelines, pumps, sumps, meter runs, compressor stations, gas processing equipment, gas plants, or other miscellaneous types of oil field equipment and related facilities. Types of contamination may include E&P materials or waste such as crude oil and produced water, condensate, hazardous materials, impacted soil, impacted surface or subsurface water, leaking or sealed drums of unknown material, chemical storage areas, insulation, asbestos, NORM (Natural Occurring Radioactive Material) contaminated equipment or sludge, or other types of contamination.

• Engineering services shall be offered with the understanding of full compliance with non-discrimination requirements of the State of Texas.

A.2.6 Contractor Responsibilities

The RRC shall look solely to the Contractor(s) for compliance with all the requirements of this Solicitation and the resulting Contract(s). Contractor(s) shall be the sole point of Contract responsibility and shall not be relieved of non-compliance of any subcontractor.

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Failure to meet Work Order service requirements and /or specifications authorizes the RRC to procure services of this Solicitation elsewhere and charge any increased costs for the services, including the cost of re-soliciting, to the Contractor.

A.3 FINANCIAL MATTERS

A.3.1 Payment Terms and Award Summary

Vendor shall submit by email to RRC’s designated point of contact all requests for payment. Payment requests shall be submitted upon Respondent’s completion of and RRC’s acceptance of work. When submitting request by email, Vendor shall include as attachments to the email Vendor’s invoice and all additional documents required by the Contract, as applicable to the payment request, as attachments to the email. Vendor shall also email the invoice to the RRC Contract Manager assigned to the Contract.

Each Vendor’s invoice shall reflect a single Contract and all and only services related thereto which have been delivered, inspected, tested, evaluated, and accepted by RRC within the Contract performance period concluding on the invoice date.

A.3.2 Compliance with Texas Government Code Chapter 2251 Required

A Vendor awarded a Contract arising from this solicitation, and all Vendor’s subcontractors, if any, shall comply with all applicable provisions of Texas Government Code Chapter 2251 relating to prompt payment for goods and services under a contract issued by a state agency. Texas Government Code Chapter 2251 requires, in part, that a Vendor that receives payment from a state agency shall pay a subcontractor the appropriate share of the payment not later than the 10th day after the date the Vendor receives the payment; and, the Vendor’s subcontractor who receives a payment from the Vendor shall pay a person who supplies goods or a service for which the payment is made, the appropriate share of the payment not later than the 10th day after the date the subcontractor receives the payment. Vendor’s compliance with this provision shall be strictly enforced by RRC. RRC reserves the right to request evidence of Vendor’s compliance, and evidence of Vendor’s subcontractor’s compliance with this condition of the Contract.

A.3.3 Progress Payments

Note: A Contract arising from this solicitation shall require 0% retainage withheld on all progress payments, unless expressly required by supplemental terms and conditions within a Work Order issued under the Contract. Payment requests under the Contract shall be based on work completed per deliverable or per month unless otherwise approved in writing by RRC. Upon Respondent’s completion of work, and upon RRC’s acceptance thereof, Vendor shall submit a properly prepared, itemized invoice accompanied by all additional documents required by Contract, as a Contract

2025 Version 1 progress payment equal to 100% of the value of the work invoiced as completed by Respondent and accepted by RRC.

A.3.4 Final Payments

Upon Respondent’s completion of all final, not previously invoiced work, and upon RRC’s acceptance thereof, Vendor shall submit a properly prepared invoice as Vendor’s request for final payment under the Contract. Upon Vendor’s submittal of a properly prepared, itemized invoice accompanied by all additional documents required by Contract, final payment may be made by RRC in accordance with Texas Government Code Chapter 2251. Vendor’s final payment request shall reflect value for 100% of the value of work performed by Vendor and accepted by RRC, but not previously invoiced by Vendor, and shall include invoicing for all retainage, if any, previously withheld and not released under the Contract.

A.3.5 Invoice Requirements

Invoices for services performed or goods delivered during a month shall be due no later than the third (3rd) day of the following month (e.g. invoices for work fully completed on April 4th shall be submitted to RRC by May 3rd.). Notwithstanding the foregoing, invoices for services performed or goods delivered during the last week of a month shall not be due until the tenth (10th) day of the following month.

Vendor’s invoice must clearly reflect the following:

• RRC Contract Number, Work Order, and Purchase Order number (as applicable);

• RRC bill to information;

• Vendor name;

• Vendor address;

• Vendor remit payment to information;

• Texas Vendor Identification Number assigned by Texas Comptroller of Public

Accounts;

• Invoice date;

• Invoice number (may not be duplicate invoice number from prior invoice submitted);

• Date(s) of delivery of services and/or goods;

• Description of services, to include (per site):

o • Operator name o • Lease/site name o • County o • State Managed Cleanup Code number

2025 Version 1 o • Line item price

• Invoice total; and

• Invoices should be emailed to invoices@rrc.texas.gov and matthew.bowman@rrc.texas.gov; and;

• Vendor’s invoices submitted to and received by RRC, but which fail to conform to all invoice requirements stipulated within the Contract Documents will be returned to Vendor unpaid or will be held by RRC until all requirements for submittal of revised invoice and/or additional documents required by the Contract are satisfied.

• Vendor’s invoices are due on the third day of the next month following the date on which all goods or services are provided pursuant to a work order. For mailed invoices, the postmark date will be considered the date on which RRC receives the invoice. Late invoices will accrue an administrative surcharge of fifty dollars ($50.00) per week. This administrative surcharge is not a penalty but an estimated cost of delays in processing delayed invoices. The administrative surcharges due for late invoices shall be capped at three-hundred dollars ($300.00) or the amount due to be paid on the invoice, whichever is less.

Administrative surcharges will be deducted from sums due pursuant to the invoice, but RRC in its sole discretion may elect not to deduct this surcharge for good cause shown. Election by RRC not to deduct the surcharge shall not be construed as a general waiver of the administrative surcharge for future invoices.

A.3.6 Authorization of Payment

Prior to authorizing payment to Vendor, RRC shall evaluate Vendor’s performance in accordance with Contract requirements.

A.3.7 Non-Reimbursable Items

RRC will not reimburse for travel, meals, lodging, or other related expenses unless specifically provided for under the Contract and pre-approved in writing by both the RRC Authorized Representative and RRC Contract Manager assigned to the Contract.

In such an event, costs will be invoiced to RRC based on actual expenses, and RRC shall not be liable for reimbursement of expenses that (i) were not preapproved in writing by RRC, or (ii) exceed the current State Travel Regulations. Vendors are required to provide receipts to validate invoicing for reimbursable expenses. State Travel Reimbursement Rates may be found at:

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php.

Vendors shall note: RRC shall not reimburse for sales tax, travel, meals, lodging, or other related expenses that may be reasonably anticipated as part of the Contract or a Work Order issued thereunder.

mailto:invoices@rrc.texas.gov file://rrcefs/ad/EVERYONE/CONTRACT%20MANAGEMENT%20DEPT/SOLICITATIONS/FY25/Site%20Remediation/RFQ%20455-25-1016/4.%20INITIAL%20SOLICITATION%20DOCUMENTATION%20&%20APPROVAL/Solicitation%20Drafts/matthew.bowman@rrc.texas.gov https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

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A.3.8 No Prepayments

RRC will not prepay for any services provided to RRC by Vendor in performance of services or work under the Contract. RRC shall not make down payments, deposits, pay advances, advance deposits, or any other payments that are not made specifically for properly documented completed services approved for payment by and satisfactorily provided to RRC.

A.3.9 Refunds

Upon Vendor’s discovery of any erroneous payment from RRC to Vendor of any funds, or upon receipt of written notice of erroneous payments issued by RRC, Vendor shall promptly refund or credit within thirty (30) calendar days any funds erroneously paid by RRC or which are not expressly authorized under the Contract.

A.3.10 Adding New Services to the Contract After Award

Following the Contract award, additional Services of the same general category that could have been encompassed in the award of this Contract, and that are not already in the Contract, may be added. A formal written request may be sent to Awarded Contractor(s) to provide a proposal on the additional services and Contractor(s) shall submit proposals to the RRC as instructed.

All prices are subject to negotiation with a Best and Final Offer (BAFO). RRC may accept or reject any or all proposals and may issue a separate Solicitation for the services after rejecting some or all of the proposals. The services covered under this provision shall conform to the terms, conditions, specifications and requirements as outlined in the request. Any resulting contract may be amended only upon the issuance of a written amendment showing the revision(s) prior to the services being provided as agreed, approved and signed by both parties.

A.4 ANTICIPATED SCHEDULE OF EVENTS

A.4.1 Due Date for Proposals

Responses must be received by the Contract Management Section, Railroad Commission of Texas, Austin, Texas NO LATER THAN the date and time specified within this solicitation, or as revised by Addenda, if any, to this solicitation.

RESPONSES RECEIVED AFTER THE DEADLINE DATE AND TIME WILL NOT BE

CONSIDERED. Please see Section A.8 Submitting the Response to RRC below.

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A.4.2 Schedule of Events

The Schedule of Events at Table 2 below provides dates applicable to this solicitation.

At the sole discretion of RRC, this schedule may be revised through written addendum posted to the Texas Comptroller's ESBD website, no later than the Response due date and time. At sole discretion of RRC, award may occur at any time after due date of Responses and completion of evaluation of Responses received.

Table 2:Schedule of Events

EVENT DATE

Issuance of Solicitation June 24, 2025

Submission of HSP for RRC Courtesy Review

July 7, 2025

Deadline for Submission of Written Inquiries (no later than 2:00PM CT)

July 08, 2025

Response to Written Inquiries, if any (Addendum posted to ESBD)

July 11, 2025

Deadline for Submission of HSP for courtesy review

July 15, 2025

Response Due Date (no later than

2:00PM CT)

July 25, 2025

Estimated Award Date August 25, 2025

A.4.3 Inquiries and Addenda

Respondent solely is responsible for thoroughly understanding the solicitation and all attachments, exhibits, forms, and addenda, if any, issued. Should any Respondent find

2025 Version 1 any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the solicitation, or should Respondent be in doubt as to the exact meaning of information within the solicitation, Respondent should immediately notify in writing via email or email with editable attachment (i.e., MS Word® document) RRC’s sole point of contact for this solicitation (see solicitation Section A.4.4 Prohibited Communications/Sole Point of Contact). RRC shall not be responsible for oral instructions or for misinterpretation of the Solicitation and Contract Documents.

Respondents submitting inquiries must reference the relevant solicitation document, section, and page and should submit all questions by the inquiry deadline stated within Schedule of Events of this solicitation. RRC reserves the right to amend answers prior to the Response submission deadline, and RRC reserves the right to respond to questions received after deadline for submission of written questions. When issuing response to questions submitted, RRC shall issue Addenda posted to the Texas Comptroller’s ESBD website.

Addenda issued, if any, shall be posted by RRC to the Texas Comptroller’s ESBD website (http://www.txsmartbuy.com/esbd). It is solely the responsibility of Respondents to check the Texas Comptroller’s ESBD website for any and all updates to the solicitation. A Respondent’s failure to check the Texas Comptroller’s ESBD website for updates shall not release Respondent from the requirements of Addenda or additional information published within any Addenda.

A.4.4 Prohibited Communications/Sole Point of Contact

Upon issuance of this solicitation, RRC, its representative(s), and partners (if any) will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or their representatives(s), except for the written inquiries submitted in accordance with instructions, below. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. FAILURE TO ADHERE TO THIS

RESTRICTION MAY DISQUALIFY RESPONDENT AND RESPONDENT’S

RESPONSE.

Respondents shall rely only on written statements issued through or by RRC’s Contract Management Section. This restriction does not preclude discussions between affected parties for the purposes of conducting business not related in any way to this solicitation.

For information related to this solicitation No. 455-25-1016, the project, and administration of any resulting Contract, RRC’s sole Point of Contact shall be Matthew Bowman, Contract Manager, whose contact information can be found in Section A8:

Submitting the Response to RRC.

http://www.txsmartbuy.com/esbd

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A.5 PROPOSAL CONTENTS (REQUIRED)

A.5.1 Attachments Included with this Solicitation

Table 3 RRC Attachments is provided as a general guide only so that Respondent may note certain RRC solicitation Attachments that may be required to be returned with the Response submitted. Table 3 RRC Attachments is not intended as a minimum, comprehensive, or exhaustive checklist of required elements of a Response.

Respondent solely is responsible for review and understanding of the entire solicitation including all terms, conditions, specifications, attachments, and addenda, if any, issued and for ensuring a submitted Response contains all required elements and forms to be considered responsive to the solicitation.

Table 3:Attachments

Attachments Return with Response?

Attachment 1: Statement of Services No

Attachment 2: Respondent’s Statements and Covenants

*Respondents Statements and Covenants Form must be completed, signed, and returned.

Yes (TAB D)

Attachment 3: Respondent’s Qualifications Statement form

*Respondent’s Qualifications Statement must be completed, signed, and returned.

Yes (TAB D)

Attachment 4: HUB Documents

*HUB Subcontracting Form must be completed, signed, and returned.

Yes (TAB D)

Attachment 5: Sample RRC Contract No

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Attachment 6: RRC Terms and Conditions No

Attachment 7: Performance Evaluation Standards No

Attachment 8: Federal Forms

*Federal Forms must be completed, signed, and returned.

Yes (Sign and return Exhibit A, Exhibit B if applicable and Exhibit C)(TAB D)

Attachment 9: Federal Terms and Conditions No

Attachment 10: Guidance on Adhering to Federal Terms and Conditions

No

A.5.2 Organization of the Proposal for Submission

All Responses shall have all pages numbered and be organized in a manner that directly corresponds with the identified tabs set forth within this solicitation section.

Responses shall contain all required information, at a minimum, and be stated in a clear and concise manner. Vague and general responses shall be considered nonresponsive and thereby disqualified from consideration of Contract award. Respondent shall include all information that Respondent believes is necessary and/or helpful to RRC determining Respondent’s qualifications and ability to deliver all goods and services in accordance with this solicitation, including the specifications stated within the SOS, and all terms and conditions of the Contract. Respondent shall submit a Response that includes, at a minimum, the following:

TAB A-Title Page

The response title page must include:

• RRC’s solicitation number: RFQ No. 455-25-1016

• Respondent’s name and physical address

• Respondent’s Vendor Identification Number (11-digit number issued by the Texas

CPA); and/or

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• Respondent’s Federal Employer Identification Number (9-digit number issued by the IRS); and

• Respondent’s authorized agent’s signature, printed name, title, and date of signature to Response.

TAB B-Executive Summary

Respondent’s Executive Summary should include a clear, comprehensive summary of Respondent’s qualifications and experience applicable to the requirements of this solicitation, Respondent’s Executive Summary should include, at a minimum, the following:

• Summary of Respondent’s qualifications, including licenses and/or certifications if applicable and/or required by this solicitation, and a statement of Respondent’s ability to meet or exceed required minimum qualifications;

• Summary of Respondent’s experience in delivery of same or substantially similar services as those required under this solicitation, and a statement of Respondent’s ability to meet or exceed required minimum experience;

• Clear, concise, detailed explanation of Respondent’s exceptions taken, if any, to the terms and/or conditions of this RFQ.

TAB C-Experience and Qualifications

Tab C shall include elaboration of, and details related to, the three (3) projects identified within ATTACHMENT 3: Respondent’s Qualification Statement.

Respondent may provide details of additional projects in addition to the three (3) identified in ATTACHMENT 3: Respondent’s Qualification Statement. Any additional projects provided shall demonstrate Respondent’s ability to meet or exceed the minimum qualifications and experience required to deliver the Professional Environmental Engineering Services described within ATTACHMENT 1: Statement of Services.

Respondent is solely responsible for providing sufficient details to ensure RRC’s evaluation committee members can determine Respondent’s understanding of the solicitation, the Statement of Services, and scope of work and specifications applicable to performance of Professional Environmental Engineering Services.

TAB D-Respondent’s Submittals

Required RRC Solicitation Attachments

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Tab D shall include properly completed Required RRC solicitation Attachments identified within this section. Failure to include each and all the Required RRC solicitation Attachments shall result in the Response being deemed nonresponsive to the solicitation and disqualified from consideration of Contract award. The Required RRC solicitation Attachments applicable to this solicitation include:

• ATTACHMENT 2: Respondent’s Statements and Covenants

• ATTACHMENT 3: Respondent’s Qualification Statement

• ATTACHMENT 4: HUB Subcontracting Plan

• ATTACHMENT 8: Federal Forms

***Please Note submission of PDF’s must be submitted independently of one another and titled as such.***

In addition to the Required RRC solicitation Attachments, a Respondent shall include within Tab D Respondent’s Submittals section any additional statements, including any statements arising from this solicitation, or such other information Respondent deems necessary, valuable, and appropriate to fully inform RRC of Respondent’s qualifications, expertise, and superiority in selection as a Vendor for Contract award.

A.6 DISCLOSURES

Each Response shall include (within Tab D Respondent’s Submittals) Respondent’s statements addressing the following disclosures:

A.6.1 Changes in Ownership Conditions

Respondent shall include a statement certifying Respondent will notify RRC of:

• Any change in ownership during the period prior to Contract award, and

• Any change in ownership during the term of the Contract or any extension or renewal period(s) thereof.

Respondent shall notify RRC in writing, immediately on or before the change in ownership occurs or is identified. Failure of Respondent and/or Vendor to notify RRC as required herein shall be grounds for rejection of the Response and/or termination of the Contract.

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A.6.2 Legal Actions

Respondent shall identify any pending or completed legal actions that were brought against Respondent, Respondent’s agents, officers, and/or Respondent’s subcontractors, within the five-year period immediately preceding the Response due date and that relate to failure to perform contracted services, breach of contract, mismanagement of a contract, and/or assessment of any penalties or liquidated damages under any contract with any governmental entity. Respondent shall provide details related to jurisdiction of legal action or contract dispute, reason for penalties or liquidated damages, and penalties or liquidated damages amount for each incident.

A.6.3 Other

In addition to the disclosures stated above, Respondent shall include any disclosures necessary to conform with solicitation ATTACHMENT 2:

Respondents Statements and Covenants. Respondent is strongly encouraged to carefully and thoroughly review each statement and covenant within the solicitation to determine applicability of disclosures and to ensure Respondent’s Response includes all mandatory disclosure statements applicable to Respondent including, but not limited to, conflicts or potential conflicts of interest

A.7 EVALUATION OF THE PROPOSAL

RRC intends to award one or more Contract(s) for Professional Environmental Engineering Services, throughout the state of Texas. To determine highly qualified providers, Responses first shall be evaluated to determine pass/fail of criteria demonstrating responsiveness to this solicitation. Responses deemed responsive shall advance to weighted criteria evaluation and scoring. At conclusion of weighted evaluation and scoring RRC shall determine, in its sole discretion, whether to request pricing and/or oral presentations and/or engage in the Best and Final Offer (“BAFO”) process. RRC reserves the right to continue to evaluate Responses until achievement of best value to the State as defined by and in accordance with Texas Government Code §2155.074 and §2155.075.

A.7.1 Responsiveness

Each Response shall be evaluated to determine responsiveness to this Solicitation.

Determination of responsiveness shall include, but may not limited to, pass/fail determination of a Response in:

• Compliance with Costs of Response Preparation;

• Compliance with Historically Underutilized Businesses Requirements (including all subsections);

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• Compliance with Organization of Response (including all subsections); and

• Compliance with RRC General Terms and Conditions.

A Respondent’s failure to comply with one or more requirements of this Solicitation may result in the Response being deemed non-responsive and thereby disqualified from further consideration of award of a Contract. The list within this subsection is intended for general guidance only and is not intended as an exhaustive list of responsiveness criteria related to this Solicitation. It is Respondent’s sole responsibility to thoroughly review the Solicitation and Contract Documents of this Solicitation, including all attachments and addenda issued, if any, to ensure understanding of requirements for responsiveness. All determinations of responsiveness to this Solicitation shall be final.

A.7.2 Evaluation and Award of Contract

A Contract may be awarded by RRC to the Awarded Contractor(s) in response to this solicitation.

The RRC reserves the right to award Contract(s) without any negotiations and reserves the right to not make awards. Submission of a Proposal confers no rights on Respondent to an award or to a subsequent Contract, if there is one. The issuance of this solicitation does not guarantee that a Contract will ever be awarded. RRC reserves the right to withdraw the solicitation entirely for any reason solely at RRC’s discretion.

An individual Proposal may be rejected if it fails to meet any requirements of this solicitation. RRC may seek clarification from Respondent at any time during the evaluation period, and failure to respond may be cause for rejection of a Proposal.

Upon execution of a Contract resulting from this solicitation, the term “Respondent” shall have the same meaning as “Contractor”.

The Contractor shall not begin or provide services until issuance of a Contract, Purchase Order, and Notice to Proceed by RRC.

The Respondent is strongly encouraged to provide its best price in its Proposal.

RRC shall award a Contract(s) to the Respondent(s) whose proposal is considered to be the best value to the state, as defined in §2155.074, Gov't Code. ATTACHEMENT 5: RRC Sample Contract of this solicitation represents the anticipated contract (along with its incorporated exhibits) which will be entered into with the Contractor(s) and lists the additional terms and conditions governing this solicitation. The RRC may make its award to Respondent(s) based on any combination, including, but not limited to line item that provides best value to the State.

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The State of Texas may consider, at its option, alternative services for award which may not meet the full specifications, however, represent a best value to the State of Texas within the listed service classification.

Each evaluated Proposal will be reviewed and scored according to Table 4 Weighted Criteria below.

A.7.3 Evaluation Criteria for Each of the Proposal Components

Responses that are deemed responsive shall undergo evaluation of weighted criteria and scoring to determine highly qualified Respondents based upon demonstrated competence and detailed credentials. Weighted criteria evaluation shall apply the best value standard for purchase of goods or services as set forth in Texas Government Code §2155.074. Factors that may be considered include:

• Qualifications of Respondent, Respondent’s personnel, and/or Respondent’s subcontractors;

• Respondent’s ability to perform Professional Environmental Engineering Services required under the Contract and to promptly and timely provide Services without delay or interference;

• Respondent’s ability to perform Professional Environmental Engineering Services as it relates to the Oil and Gas Industry is preferred and will be evaluated at a greater weight;

• Indicators of Respondent’s probable performance under the Contract. Indicators may include but not be limited to Respondent’s past performance on RRC projects, Respondent’s financial resources, and Respondent's experience or demonstrated capability and responsibility in delivery of same or substantially similar services;

• Respondent’s compliance with Solicitation Response submission requirements;

and

• Respondent’s acceptance of terms and conditions.

The criteria and respective weight to be used in determining the best value for the State are indicated below.

WEIGHTED CRITERIA

Table 4: Weighted Criteria

CRITERIA WEIGHTED

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Experience and Qualifications 90%

Evaluation Overall Clarity and Responsiveness

10%

Total Percentage Points 100%

A.7.4 Evaluation and Scoring

• Respondent Qualifications 90%. Evaluation and scoring shall include, but is not limited to, contents in Response TAB B Executive Summary including Respondent’s ability to meet and exceed minimum qualifications stated in this RFQ, contents in Response TAB C Experience And Qualifications that demonstrate Respondent’s experience and success in delivery of same or substantially similar services as those required under this RFQ, contents in Response TAB D Respondent’s Submittals, and Respondent’s past performance as evidenced by Texas CPA Vendor Performance Tracking System score (if any).

• Overall Clarity and Responsiveness 10%. Evaluation and scoring shall include, but is not limited to, overall organization and presentation of Response, demonstration of understanding of solicitation requirements.

A.7.5 Past Performance

A Respondent’s past performance on a State contract, if any, shall be assessed in compliance with applicable provisions of Texas Government Code Chapters 2155 and 2156. Respondents may fail this selection criterion should one or more of the following conditions apply to Respondent:

• A score of less than C or Legacy Unsatisfactory in the Texas Comptroller's Vendor Performance Tracking System;

• Currently under a Corrective Action Plan through RRC;

• Having repeated negative Vendor Performance Reports for the same reason;

• Having a record of repeated non-responsiveness to Vendor Performance issues;

and/or

• Having one or more Purchase Orders that have been cancelled for non-performance in the previous 12 months.

https://www.txsmartbuy.gov/vpts https://www.txsmartbuy.gov/vpts

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To evaluate and score Respondent’s past performance, RRC may also make inquiry with other entities including Respondent’s references within solicitation ATTACHMENT 3: Response Qualification Statement and/or any federal, state, or local government agency. RRC may conduct research and investigation as deemed necessary to fully evaluate Respondent’s past performance and may consider notices of termination, cure notices, assessment of liquidated damages, litigation, audit reports, contract non-renewals, and other performance related facts, reports, actions, or information. Any such investigations shall be at the sole discretion of RRC and any negative findings, as determined by RRC, may result in non-award to the Respondent.

A.7.6 Contract Negotiation

RRC reserves the option to negotiate with one or more Respondents deemed highly qualified to provide the Professional Environmental Engineering Services sought by RRC. Negotiation elements may include, but shall not be limited to pricing, (type description of service here) Services included in a Contract award, and terms and conditions. RRC reserves the right to continue negotiations until the best value for RRC and the State has been achieved as determined in RRC’s sole discretion.

A.7.7 Best and Final Offer (“BAFO”)

At the sole discretion of RRC, after completion of weighted criteria evaluation, scoring, and oral presentations (if any), RRC may award a Contract or may request BAFOs from one or more Respondents whose scores are sufficient to qualify the Respondent(s) for further consideration and negotiation as determined exclusively by RRC. In event RRC issues a request for BAFO, Respondents may be permitted to modify an original Response, and the RRC Contract Management Section shall evaluate the BAFOs received.

A.7.8 Multiple awards

The RRC may award multiple Contracts from this solicitation. The Respondent(s) providing the best value to the State may be chosen as the State’s primary or “best value contractor”. Additional Respondents may be awarded Contract at the sole discretion of RRC in order to provide alternate resources for meeting the requirements of the requested services.

A.8 SUBMITTING THE RESPONSE TO RRC

ANY RESPONSE SUBMITTED BY FACIMILE WILL BE REJECTED. It is the sole responsibility of the Respondent to select their preferred method of delivery from the delivery methods permitted herein. Failure to adhere to these requirements will cause the Respondent to be considered non-responsive and disqualified from award.

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Respondents must use the response delivery options labeling information most applicable to Respondent’s chosen delivery method below.

Table 5: Response Submittal Options

US Postal Service: Overnight or Hand Delivery

E-Mail Delivery

Solicitation No. 455-25- Railroad Commission of Texas Contract Management Section Matthew Bowman, Contract Manager PO Box 12967 Austin, Tx 78711-2967

Solicitation No. 455-25- Railroad Commission of Texas Contract Management Section Matthew Bowman, Contract Manager 1701 N. Congress Ave.

Austin, TX 78701 matthew.bowman@rrc.texas.gov

A.9 ADDITIONAL INSTRUCTIONS

A.9.1 Accuracy of the Proposal

The Respondent’s Proposal shall be true and correct and shall contain no cause for claim of omission or error. Proposals may be withdrawn in writing at any time prior to the submittal deadline.

A.9.2 Confidential Information; Public Information Act

RRC is a governmental body subject to the Texas Public Information Act (“PIA”), Texas Government Code Chapter 552. Any Response and other information submitted to RRC by Respondent are subject to release as public information by RRC. A Response and other submitted information are presumed subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for Respondent to include proprietary or otherwise confidential information in its Response or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Response that are considered by the Respondent to be proprietary or confidential

2025 Version 1 must be clearly labeled as described above. Any information which is not clearly identified by the Respondent as proprietary or confidential will be deemed subject to disclosure pursuant to the PIA. Respondent will be deemed to have irrevocably waived, and to have agreed to fully indemnify the State of Texas and the RRC against, any claim of infringement by RRC regarding the intellectual property rights of Respondent or any third party for any materials appearing in the Response.

Respondent is required to make any information created or exchanged with a state governmental entity (as defined by Texas Government Code §2252.907(d)) pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in at least one of the following formats that is accessible by the public at no additional charge to the State of Texas and/or RRC.