ESBD_441198_1754057372660_802-25-55932-R_RFP_Disaster and FEMA Grant Admin.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-25-55932R

Blanket Contract(s) for Disaster and FEMA Grant Administration

NIGP Class/Items: 961-02, 961-96

RFP Issue Date: August 1, 2025 Questions Due: August 7, 2025; 2:00 PM CT

Proposal Due Date: August 21, 2025; 2:00 PM CT

Purchaser: Nicole Ernzen, CTCD, CTCM 361-413-8984 Purchasing.Bidbox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFP.

mailto:Purchasing.Bidbox@tpwd.texas.gov

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Scope of Work and Specifications

7. Contractor Requirements

8. TPWD Responsibilities

9. Performance Measures

10. Contractor Selection for Individual Projects

11. Adding New Products/Services to Contract After Award

12. Modifications of Contract Terms and/or Amendments

13. Price Adjustments

14. Insurance

15. Subcontracting

16. Contract Administration

17. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

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4. Proposal Submission

5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – PRICE SHEET

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT F – TECHNICAL PROPOSAL

EXHIBIT G – RESPONSE SUBMISSION CHECKLIST

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

Texas Parks and Wildlife Department (TPWD) is seeking proposals from qualified contractors to provide as needed Disaster and Grant Administration Services responsibilities with respect to satisfying the requirements under the Federal Emergency Management Agency (FEMA) Public Assistance Program (PA) following an emergency or disaster event, in accordance with the specifications and terms and conditions outlined in this RFP.

2. BACKGROUND

2.1. The main objective of this RFP and any resulting contract is to maximize eligibility and reimbursement for all aspects of the recovery program, provide planning expertise, mitigation planning and implementation, and other potential federal and state funding opportunities.

2.2. TPWD is the state agency responsible for managing and conserving the natural and cultural resources of Texas. It oversees a vast array of field sites, including state parks, wildlife management areas (WMAs), fish hatcheries, and other conservation properties. Below is an overview of its field sites and associated risks from natural disasters:

A. State Parks: TPWD manages over 85 state parks and historic sites spread across Texas. These parks preserve diverse ecosystems, from deserts and mountains in West Texas to forests and wetlands in East Texas.

Notable examples: Big Bend Ranch State Park, Brazos Bend State Park, Palo Duro Canyon State Park.

B. WMAs: Texas has 49 WMAs covering approximately 1.6 million acres, supporting research, education, and public hunting while protecting wildlife habitats.

Examples: Chaparral WMA, Gus Engeling WMA, Matador WMA.

C. Fish Hatcheries: TPWD operates several fish hatcheries across the state to support fish stocking and fisheries management in Texas lakes and rivers.

Examples: A.E. Wood Fish Hatchery, Texas Freshwater Fisheries Center.

D. Coastal Sites: Along the Gulf of Mexico, TPWD manages multiple coastal preserves and sites that support marine habitats and fisheries, such as the Aransas National Wildlife Refuge (co-managed) and estuary restoration projects.

2.3. Texas' diverse geography exposes TPWD sites to a range of natural disasters:

A. Hurricanes and Tropical Storms: Coastal sites, parks and WMAs are at significant risk. Hurricanes such as Harvey (2017) have caused severe flooding and damage to coastal ecosystems and infrastructure.

Sites like Galveston Island State Park are particularly vulnerable.

B. Flooding: Central Texas, known as "Flash Flood Alley," frequently experiences intense rainfall events.

Parks near rivers, such as Garner State Park along the Frio River, often face infrastructure damage and habitat disruption.

C. Wildfires: West Texas and areas with dry vegetation are prone to wildfires, especially during droughts.

Parks like Davis Mountains State Park and WMAs in arid regions face high wildfire risks.

D. Droughts: Persistent droughts strain water-dependent ecosystems and fish hatcheries. Lower water levels in reservoirs impact recreation and aquatic habitats.

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E. Tornadoes: North and Central Texas, part of Tornado Alley, face risks of tornadoes, which can damage facilities and natural landscapes.

F. Winter Storms: Severe winter weather, such as Winter Storm Uri (2021), can lead to tree damage, power outages, and infrastructure failures.

G. Coastal Erosion: Shoreline habitats managed by TPWD are continually threatened by erosion and rising sea levels.

3. SOLICITATION METHOD AND INTENT

3.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, availability, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this RFP.

3.2. It is TPWD’s intent to make multiple awards to qualified contractors for the services described herein, as determined to be in the best interest of TPWD. After award, TPWD will identify individual projects as they become available by issuing a Scope of Work detailing the work to be performed for each project. TPWD intends to select contractors for individual projects based on (a) experience, location, availability, or low bid for project as determined to be in the best interest of TPWD and contractor’s availability, or; (b) request project quote from one or more awarded Contractor(s) for a specific project. TPWD intends to use the selected qualified contractors, while reserving the right to obtain service from other sources.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on Date of Award and continue for a three-year term, unless sooner terminated under the terms of the contract.

4.2. Renewal Option: Contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes. If renewal options are exercised, TPWD will provide the new timeline and delivery schedule to the Contractor.

4.3. Contract Extensions: In the event that the contract, if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, or if a project is still in process by awarded Contractor, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

4.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

4.5. Amendments: The contract may be amended in writing by mutual consent of the parties.

4.6. Quantities: Unless this RFP states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

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5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: Respondent (and awarded contractor) shall meet the following minimum qualifications:

5.1.1. Shall be engaged in the business of grant administration and disaster consulting services for a minimum of five (5) years within the past five (5) years, services similar in type and quantity to those listed herein. Recent start-up businesses do not meet the requirements of this solicitation.

(A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.)

5.1.2. Shall have specific experience with FEMA grants. Respondent shall address specific experience with FEMA in their proposal response.

5.1.3. Shall have available the necessary qualified personnel, skills, qualifications, organization, facilities, equipment and supplies required to fulfill all requirements under this RFP and any resulting contract.

5.1.4. Shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

5.2. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

6. SCOPE OF WORK AND SPECIFICATIONS

Contractor shall provide administrative and technical services to satisfy TPWD’s responsibilities and requirements under the FEMA PA Program following an emergency or disaster event, in accordance with the following scope of work. Services will include, but are not limited to, assistance and support for grants management and administration and associated project management services. Contractor will:

6.1. Develop and implement a recovery plan to restore facilities to their pre-disaster condition, when requested as required by the project.

6.2. Assist TPWD with regard to disaster assistance and management of any type needed including, but not limited to, response; and preliminary damage assessments; coordination with any State of Texas Division of Emergency Management (TDEM) or FEMA recovery and mitigation services, and any other federal or state agency as needed.

6.3. Provide broad-based support services for response, recovery, and administration activities, ensuring the TPWD is able to accomplish and maximize, if available, federal and state grant funding for activities such as debris operations, emergency protective measures and recovery missions, infrastructure, and other activities that serve the public’s health and safety.

6.4. Provide guidance in recovering reimbursement for the repair and potential replacement of the loss of critical infrastructure under the FEMA PA Program.

6.5. Assist and/or represent TPWD with the implementation of preliminary damage assessments (PDAs) to document the impact and magnitude of disasters.

6.6. Collaborate with TPWD on project formulation of FEMA projects, State and Federal grants, including developing scope of work, cost estimates, detailed damage descriptions (field team assessment of damages including damaged structures, contents, etc.) and required backup documentation for submittal of project worksheets and grant applications.

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6.7. Provide support services to TPWD with documenting damages from disaster events in the FEMA Portal, to include uploading and managing documents.

6.8. Coordinate with management of FEMA and/or other federal and state agencies and local jurisdictions to complete tasks such as; arranging for routine status/action plan meetings, establishing priorities, scope changes, updates, quarterly reporting, time extensions, and deliverables.

6.9. Develop improved and/or alternate project requests to include Section 428-Sandy Recovery Improvement Act (SRIA) alternative arrangement projects within the recovery process within established FEMA timelines.

6.10. Develop and implement Section 406 Hazard Mitigation Proposals (HMPs).

6.11. Develop and implement Section 404 Hazard Mitigation Grant Proposals (HMGP) including the use of FEMA Benefit Cost Analysis (BCA) tools and methodologies.

6.12. Develop applications and BCA’s for the Building Resilient Infrastructure and Communities (BRIC) including the development of required BCA’s.

6.13. Develop grant applications including, but not limited to, Infrastructure grants, as well as other Federal, State, Regional, and local grants as identified and required.

6.14. Assist with insurance optimization by working with insurance carriers to optimize coverage relating to the disaster, while also making recommendations with regard to limits, scope, and deductibles for future policy negotiations.

6.15. Assist TPWD in the understanding of Texas Windstorm Policies, National Flood insurance policies and the effects of anticipated and actual reductions on FEMA Project Worksheets (PW’s).

6.16. Develop first and second level appeals.

6.17. Coordinate the closeout process of projects to include establishing programmatic document control, establishing a file retention system and data management processes to ensure disaster are complete and ready for audit. TPWD will require all documents to be held and retained within the agency.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work, installation or other service performed without prior written authorization of the TPWD is work outside the scope of this contract and shall be performed exclusively at Contractor’s risk.

7.2. Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

7.3. Contractor shall provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the contract.

7.4. Contractor is responsible for all costs incurred in the performance of the contract.

7.5. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

7.6. Contractor shall follow relevant safety rules and conduct the work in a safe manner.

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8. TPWD RESPONSIBILITIES

8.1. TPWD will designate a Contract Manager and Project Manager upon contract award.

8.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

8.3. TPWD will provide necessary and applicable documentation to Contractor as requested and in compliance with FEMA reimbursement requirements, including but not limited to the following:

8.3.1. Project Authorization: Documentation showing that the project is authorized under FEMA guidelines.

8.3.2. Scope of Work (SOW): Details of the services or products provided and their alignment with the approved project scope.

8.3.3. Procurement Documentation: Records showing that procurement was conducted in accordance with federal and state regulations (e.g., competitive bidding).

8.3.4. Invoices and Receipts: Copies of vendor invoices and proof of payment.

8.3.5. Contractual Agreements: Copies of contracts, amendments, and any related documentation outlining the vendor’s obligations.

8.3.6. Compliance Records: Evidence that the vendor complies with FEMA and TPWD standards, such as environmental and historical preservation considerations.

8.3.7. Timekeeping Records: If applicable, records of labor hours worked on FEMA-related projects.

8.3.8. Supporting Documentation: Any other necessary documentation, such as permits, inspection reports, or certifications, to substantiate the claim.

8.3.9. Vehicle Logs, Boat Logs, aviation logs, miles driven, vehicle maintenance, etc.

9. PERFORMANCE MEASURES

9.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFP and shall not be relieved due to non-performance of any or all subcontractor(s).

By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

9.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract.

If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

10. CONTRACTOR SELECTION FOR INDIVIDUAL PROJECTS

As specific projects become eligible based on qualified disaster event(s), TPWD will develop a project Scope of Work and select a contractor for each project by one of the following methods: (a) select Contractor based on experience, location, or availability as determined to be in the best interest of TPWD, or; (b) request project quote from one or more awarded Contractor(s) for a specific project. Each project will be awarded to the Contractor determined to provide best value to TPWD. It is TPWD’s sole discretion to determine best value.

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11. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to successful respondent to quote on the proposed additional products/services.

Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

12. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

12.1. The terms and conditions of the Contract shall govern all transactions under the Contract.

12.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Purchaser(s) and the Contractor.

12.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

13. PRICE ADJUSTMENTS

13.1. Extension Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies TPWD Contracting Section, in writing. The price escalation shall correlate with an appropriate U.S. government published index. Baseline index shall be the index published the month of award. Prices may be adjusted for each renewal period in accordance with changes in index over the preceding term. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

13.2. Price Decreases: Price decreases will be allowed at any time. Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be correspondingly offered at the same ratio to TPWD. Contractor’s failure to promptly notify TPWD of such industry-wide price decreases may constitute a breach of contract and the contract may be canceled.

TPWD reserves the right to award any canceled contract to the next lowest responsive respondent or re-bid, whichever is in TPWD’s best interest.

14. INSURANCE

14.1. Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation STATUTORY LIMITS Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

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Commercial General Liability General Aggregate Applies Per Project

$2,000,000 Aggregate $5,000 Medical Expense each person $50,000 Damage to Premises Rented to You $2,000,000 Products Completed Operations $1,000,000 Personal & Advertising Liability $1,000,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

14.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

14.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

14.4. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Vanessa Contreras / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389-4677.

15. SUBCONTRACTING

Refer to Section III – General Terms and Conditions, Paragraph 56 – Subcontractors.

16. CONTRACT ADMINISTRATION

TPWD will maintain on-going review and status of Contractor’s progress toward completion of services and will certify whether contractor’s billings are reasonably comparable with the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TPWD.

Administration of the contract is a joint responsibility of TPWD Support Resources Division and the TPWD Purchasing & Contracting Branch. TPWD purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

16.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

16.2. Managing the financial aspects of the contract including approval of payments.

16.3. Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

16.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

16.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide, latest edition.

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17. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III, General Terms and Conditions, Paragraph 9:

17.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith

School Road, Austin, Texas 78744.

17.2. Invoices must show:

17.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

17.2.2. Name of receiving entity

17.2.3. Contract/purchase order number

17.2.4. Description, quantity, unit of measure, unit price, extended price of each item

17.2.5. Total price

17.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

17.2.7. Attach supporting documentation, if required

17.3. Payment:

17.3.1. The contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

17.3.2. Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

17.3.2.1. Contractor is in breach of this contract;

17.3.2.2. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

17.3.2.3. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor;

17.3.2.4. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

17.3.3. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later.

State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

17.3.4. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

17.3.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

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SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time RFP Issue Date: August 1, 2025 Questions Due: August 7, 2025; 2:00 PM CT Proposal Due Date: August 21, 2025; 2:00 PM CT

2. INQUIRIES

2.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Nicole Ernzen, Purchaser Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744

Contact Info:

Phone 361-413-8984 Fax 512-389-4677 Email: purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

2.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to Contractor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

2.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at http://www.txsmartbuy.com/esbd. Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the proposal submission deadline. If respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected Contractor from “addenda or additional information” resulting in additional costs to meet the solicitation requirements.

2.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section II, Subsection

2.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

mailto:purchasing.bidbox@tpwd.texas.gov http://www.txsmartbuy.com/esbd

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3. PROPOSAL CONTENT

Below is a summary of required and requested information. Proposals submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

3.1. GENERAL RESPONSE FORMAT:

Respondents shall submit one (1) original proposal signed (marked Original). In addition, Respondents should submit one (1) copy of the proposal. Pricing should not be included in the submitted copies.

3.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal.

3.2.1. Exhibit A – Execution of Proposal: Respondent must submit original signed, dated and completed Exhibit A - Execution of Proposal.

3.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Pricing

Schedule. Pricing should not be included in the submitted copies. Electronic submissions need to include the pricing as a separate file from all other required exhibits or submit a second file labeled COPY that excludes all pricing.

3.3. ADDITIONAL RESPONSE CONTENT:

Respondent shall include the following additional documentation in their response submission, or within one business day of TPWD request. Failure to submit this additional documentation by TPWD designated deadline may result in disqualification of the proposal.

3.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

3.3.2. Exhibit D – Key Personnel: Include completed Exhibit D (or a reasonable facsimile, or resumes)

3.3.3. Exhibit E – Past Projects with Corresponding References: Include completed Exhibit E (or reasonable facsimile).

3.3.4. Exhibit F – Technical Proposal: Include Technical Proposal – tabbed Exhibit F, including numbered responses corresponding to each of the items listed in Exhibit F.

3.3.5. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The respondents should include the signed and dated addendum(s) with their response submission.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 6. Late proposals will not be considered under any circumstance and will be returned unopened.

4.2. Proposals should be placed in a sealed envelope/package and correctly identified with RFP number, submittal deadline/opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TPWD by the specified date.

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4.3. Hard copies are not required, and electronic submissions via email can be accepted; Respondent may submit via hard copy OR electronic. If submitting electronically, TPWD can only accept an attachment to the email and cannot accept a link to a file.

4.4. Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

4.5. Respondents to this RFP are responsible for all costs of proposal preparation.

4.6. Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 6 below.

4.7. All submitted proposals become the property of TPWD after the RFP submittal due date/ deadline.

Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

4.8. When Proposals are opened, only the names of the Respondents who submitted proposals will be read.

Prices and terms will not be divulged until after contract award.

5. DELIVERY OF PROPOSALS

E-MAIL submittals are preferred for this solicitation. If hard copies are submitted, Respondent shall submit to TPWD by one of the following methods:

6. EVALUATION AND AWARD

6.1. A contract will be awarded to the responsible respondent(s) who submits the proposal determined to be the best value to the State and who meet all requirements included in this solicitation.

6.2. Cash discounts offered by the respondent will NOT be a factor in proposal evaluation.

6.3. Proposals may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser name identified in Section II, Subsection 2 above will be acceptable as a written notice for withdrawn. No proposals will be returned after award.

6.4. Step 1 – Administrative Review by Purchasing: Only a complete response with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. Proposals that do not conform to the instructions included in this RFP may be rejected by TPWD. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. No proposal received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

U.S. Postal Service Overnight/Express Mail Email

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744

TPWD – Mail Room Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

Purchasing.Bidbox@tpwd.texas.gov

NOTE: Proposals must be date stamped in Purchasing & Contracting prior to the due date and time.

mailto:Purchasing.Bidbox@tpwd.texas.gov

RFP No. 802-25-55932R Page 15 of 46

6.5. Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight Compensation and Fees 40% Qualifications, Experience, Capability (based on Exhibit C, D, E, F) 30%

Understanding of Public Assistance and Grant Technical Experience and Grant Programs (based on Exhibit F) 30%

Total 100%

6.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references.

6.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal.

6.7. Step 4 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

6.7.1. Discussions: The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal.

6.7.2. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

6.7.3. The evaluation committee will evaluate the finalists and make a recommendation for award.

6.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.3 for Best Value criteria.)

RFP No. 802-25-55932R Page 16 of 46

SECTION III – GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS – FEDERALLY FUNDED PROJECTS

MAY 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

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

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of http://www.txsmartbuy.gov/esbd

RFP No. 802-25-55932R Page 17 of 46 product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.gov/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may http://www.txsmartbuy.gov/vpts

RFP No. 802-25-55932R Page 18 of 46 examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of

RFP No. 802-25-55932R Page 19 of 46 performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN).