ESBD_463281_1760989263209_RFP 808-26-243671 .pdf

Texas Historical Commission RFP No. 808-25-243671

P.O. Box 12276 Austin, Texas 78711

Request for Proposals for

Geophysical Survey Specialist

RFP# 808-25-243671

THC CONTACT: ISSUE DATE: October 20, 2025

Christi Duve, CTCD, CTCM at (512) 475-3909 or PROPOSALS DUE DATE: November 21, 2025 christi.duve@thc.texas.gov 2:00 P.M. Central Time mailto:christi.duve@thc.texas.gov

TABLE OF CONTENTS

Signature Page ____________________________________________________________________ 3

Section I- General Information _______________________________________________________ 4

Section II- Statement of Work ________________________________________________________ 8

Section III- Proposal Information _______________________________________________________ 12

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by bidder)

Exhibit B Conflict of Interest (provided by THC, to be completed by bidder)

Exhibit C Nondisclosure Agreement (provided by THC, to be completed by bidder)

Exhibit D Certification Regarding Public Nature of the Offer (provided by THC, to be completed by bidder)

Exhibit E Price Schedule (provided by THC, to be completed by bidder)

Exhibit F Certification Regarding Lobbying (provided by THC, to be completed by bidder)

Exhibit G RFP Checklist (provided by THC, to be completed by bidder)

Exhibit H General Terms and Conditions (provided by THC, for reference to bidder)

TEXAS HISTORICAL COMMISSION

REQUEST FOR PROPOSALS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF THE PROPOSAL

Return sealed proposals via email to responses@thc.texas.gov described in Section 3.7

Late proposals will NOT be considered under any circumstances.

Respondent must sign proposal – the laws of the State of Texas must prevail on all proposals. By signing this signature page, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public

Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, please enter either your federal employer’s identification Number or if sole owner enter your Social Security

Number.

PIN: Phone: (_____) __________-___________

Business Name: Fax Number: (_____) _________-

Address: HUB Certified? [ ] Yes [ ] No

City-State-Zip: HUB #:

Email Address:

Signature: Print Name:

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. The State will award the contract to best serve the interests of the State. Award will be posted on https://www.txsmartbuy.gov/esbd.

RFP No.: RFP# 808-25-243671

RFP Deadline: November 21, 2025

RFP Closing: 2:00 P.M. Central Time

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE PROPOSAL

mailto:responses@thc.texas.gov https://www.txsmartbuy.com/esbd

TEXAS HISTORICAL COMMISSION

REQUEST FOR PROPOSALS

for

Geophysical Survey Specialist

RFP 808-25-243671

Class/Item: 959-53

(Marine Survey Services)

SECTION I

GENERAL INFORMATION

1.1 PROJECT SCOPE.

The Texas Historical Commission (THC) is preparing to conduct archeological investigations at Pass

Cavallo to search for the encampment and abandoned shipwrecks associated with Louis Michel Aury’s occupation of Matagorda in May and June of 1817. With Galveston Island, Matagorda served as the revolutionary headquarters of the Republic of Mexico from 1816–1817, with Aury as governor, during the Mexican War for Independence. The underwater archeological survey of 4,113 acres, under Texas

Antiquities Permit No. 32185, will be accomplished as two stages: a traditional remote-sensing survey with the agency’s 25-ft. SeaArk VC Commander Anomaly II and as a micro-shallow water survey using an autonomous survey vessel (ASV). This request for proposal (RFP) covers the traditional underwater archeological survey for which the THC Marine Archeology Program is seeking a remote-sensing survey specialist to assist with the data acquisition on board Anomaly II. This task includes post-processing and interpretation of field data.

This project is made possible, in part, through grant support from National Park Service (NPS).

1.2 CONTRACT TERM.

The requested services requested shall commence December 10, 2025, or the last signature date, whichever is later, and ending August 31, 2027, or two years from the last signature date, whichever is later. The contract term may be extended by the parties for six (6) months, only by written amendment.

1.3 COMPENSATION.

A. Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit E, Price Schedule. Acceptance by THC of deliverables specified in the contract is a condition of payment.

B. Invoices. The Respondent shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Exhibit E, Price Schedule. The Respondent may submit an invoice no more frequently than monthly and no later than ninety calendar days after completing deliverables specified in the contract. Each invoice shall show the contract number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

C. Withholding Payments. If payment is withheld, THC shall notify the Respondent and specify conditions that would allow THC to release the payment. THC reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days;

(2) pending verification that work is satisfactory;

(3) if the Respondent becomes a delinquent obligor under Family Code, §231.006;

(4) if the required work product is not received; or

(5) if the State Comptroller of Public Accounts will not issue a warrant to the Respondent.

D. Sub Providers and Suppliers List. The Respondent must provide THC with a list of all sub-providers and suppliers that submitted quotes or proposals for subcontracts. This list shall include sub-providers’ and suppliers' names, addresses, and telephone numbers.

E. Funds Availability. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the

Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the THC General Terms and Conditions shall apply.

F. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the Respondent because of a debt owed to the State, the State shall apply all payments due the Respondent to the debt until the debt is paid in full.

G. No Guarantee of Volume. THC does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this solicitation and resulting contract.

1.4 DEFINITIONS. For purposes of this RFP, the following definitions apply;

a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed;

b) Addendum - A modification of the specifications issued by the THC and distributed to prospective Respondents prior to the opening of responses;

c) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions to the originally submitted Proposal;

d) Contract - The contract awarded as a result of this RFP and all exhibits thereto. This RFP, any

Addendum issued in conjunction with this RFP, the successful Respondent's Proposal, any

BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits;

e) Days – Calendar days unless otherwise stated;

f) Electronic State Business Daily (ESBD) - The Electronic State Business Daily, which is available on-line at https://www.txsmartbuy.gov/esbd

g) Gov't Code - Texas Government Code Title 2155

h) Proposal - The response submitted by a vendor to the THC as a result of this solicitation.

i) Respondent - Any person or vendor who submits a Proposal in response to this solicitation.

j) RFP - Request for Proposals, which is the type of solicitation in this document.

k) TAC - Texas Administrative Code, which is the publication for administrative rules.

1.5 RFP PROTEST PROCEDURES. Pursuant to 13 TAC §11.13:

a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the commission from a delegated procurement.

The following procedures are available for persons or firms not awarded the contract pursuant to authority delegated to the commission by the Comptroller of Public Accounts or by Texas

Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the

Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.

b) Any actual bidder or offeror who is aggrieved in connection with the award of a contract may formally protest the award of the contract by submitting a protest to the executive director in accordance with the procedures in this section.

(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the bidder is notified that the award of a contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the contract unless the executive director makes a determination that the award of contract without delay is necessary to protect substantial interests of the state.

(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the contract to the extent allowed by law.

(5) A bid or a bid protest that is not submitted in a timely manner is not eligible for consideration under this section.

c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:

(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.

e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.

(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.

(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.

f) A decision by the executive director shall be the final administrative action.

g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.

1.6 AUTHORITY.

THC is soliciting the services stated in this Solicitation under of the authority Texas Government

Code 34 TAC Part 1, Chapter 20, Subchapter C, Division 2, §§20.206, https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206

SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include the requirements contained in this RFP.

Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow Respondents to offer alternatives to the manner in which the commodities/services are provided. The requested services and corresponding deliverables are detailed in the subsections below.

2.2 PROJECT OBJECTIVES. The primary objective of the overall project is to discover the shipwrecks and settlement(s) associated with Aury’s tenure at Matagorda, however, other unrelated archeological sites may be discovered during the course of fieldwork. Pass Cavallo is the historical commercial entrance to Matagorda Bay, prior to the creation of the Matagorda Ship Channel through Matagorda

Peninsula in 1966. The historical inlet has not been subject to large-scale modification and has a high potential to contain undiscovered underwater archeological sites. According to THC data, nearly a hundred reported, unverified shipwrecks are in the vicinity of the project area.

The traditional remote-sensing survey onboard Anomaly II will employ a Geometrics G-882 marine magnetometer and EdgeTech 4125 dual frequency side-scan sonar for data acquisition. The purpose of the investigation is to detect remote-sensing targets representative of submerged cultural resources.

The survey will be conducted in accordance with agency requirements presented in the Texas

Administrative Code, Title 13, Part 2, Rule §28.6. The survey will be at 20-m survey intervals with significant remote-sensing targets under consideration also being subject to close-order refinement survey. As part of the fieldwork, specific previously detected shipwrecks and significant remote-sensing targets from earlier archeological studies that are in the vicinity of the project area will be re-examined. All magnetic data will be processed and presented as contour isolines in accordance with state survey standards (13 TAC §28.9). The data will be evaluated using standard underwater archeology interpretative models, including the North-Alignment Model. Magnetic targets verified as shipwreck archeological sites will be included in the proprietary database developed in conjunction with the north alignment model.

The remote-sensing specialist will assist in mobilization and deployment of the survey vessel and equipment. The Respondent’s duties will include assisting in supervision of field data acquisition and post fieldwork data processing with a specific focus on magnetic data. As a project objective is to incorporate verified shipwreck archeological sites into the North-Alignment Model database, the

Respondent must have access to this propriety study and product. The Respondent must meet the minimum professional qualifications for an underwater archeologist presented in 13 TAC

§26.4. It is preferred that the Respondent has previous experience conducting underwater archeological investigations at Pass Cavallo.

2.3 REPORTING AND DELIVERABLES.

The Respondent will assist in fieldwork activities and report preparation. Responsibilities include field data acquisition, processing and interpretation of remote-sensing data, and preparation of data figures and summary information for the required technical report.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206

Services are expected to take place between the period covering December 10, 2025, through August

31, 2027. An initial meeting or conference call to agree on the work schedule and approach must be scheduled to occur within (2) two weeks of the last signature date of the contract. Services shall be performed under the coordination of THC’s Archeology Division.

Benchmarks shall be established based on the Respondent’s project information provided in their proposal, which must include a timeline/schedule of work that outlines how and when Respondent proposes to complete the project.

It is the awarded Respondent’s sole responsibility to ensure that all status reports are delivered to the proper recipient(s) at the proper time. Documents will be considered delivered only when received by THC’s designated Project Manager. Services are deemed completed when THC has reviewed the reports, all requested revisions have been addressed, and THC has given final, written approval of all services required by the contract.

2.4 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided.

Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and the proposal shall include a letter from each proposed subcontractor, agreeing to work on the team.

2.5 HUB SUBCONTRACTING. In accordance with the Texas Government Code, Sections 2161.181-

182 and Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code

(TAC), the Texas Historical Commission (THC) shall make a good faith effort to utilize Historically

Underutilized Businesses (HUBs) in contracts for construction services, including professional and consulting services; and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the THC projected goals:

•11.2 percent for heavy construction other than building contracts, •21.1 percent for all building construction, including general contractors and operative builders’ contracts, •32.9 percent for all special trade construction contracts, •23.7 percent for professional services contracts, •26.0 percent for all other services contracts, and

•21.1 percent for commodities contracts.

This solicitation has not been identified as one that does not require a HUB subcontracting plan.

However, if you plan on using subcontractors during this contract, you must complete, and submit a

HUB subcontracting plan. You may request the HUB Subcontracting Plan from the listed purchasing contact in this solicitation.

If you have any questions, please contact the THC HUB Coordinator, Carol Egele at responses@thc.texas.gov.

2.6 PERFORMANCE TRACKING. THC will monitor the performance of the Contract issued under this RFP. All services under the Contract shall be performed at an acceptable quality level. All deliverables will be submitted in accordance with the timeline agreed upon at contract signing.

Performance tracking methods may include, but are not limited to, meetings and documentation requirements deemed necessary by the agency to assess progress of the contractor toward meeting the identified goals and outcomes established in response to assessments of unsatisfactory performance in accordance with this procedure.

2.7 REMEDIES, TIME DELAYS, SUSPENSION, AND SANCTIONS FOR FAILURE TO

PERFORM:

Suspension

If this Contract is suspended by THC prior to its expiration date, the reasonable monetary value of services properly performed by Contractor pursuant to this Contract prior to suspension shall be determined by THC and paid to Contractor as soon as reasonably possible. THC shall not be required to pay any standby hourly rates during a suspension of work.

Sanctions

If the Successful Respondent fails to provide the goods or services contracted for according to the provisions of the Contract, or fails to comply with any terms or conditions of the Contract, THC may, upon written notice of default to the Successful Respondent, terminate all or any part of the Contract.

Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Contract. THC may exercise any other right, remedy, or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless THC notifies the Successful Respondent in writing prior to the exercise of such remedy. The Successful

Respondent shall be liable for all costs and expenses, including court costs and attorneys’ fees, incurred by THC with respect to the enforcement of any of the remedies listed herein.

2.8 INSURANCE AND OTHER SECURITY. Prior to the commencement of work under the

Contract, Respondent agrees to carry and maintain insurance in the types and amounts required during the term of the contract, to furnish certificates of insurance including corresponding policy endorsements, and make available, at no cost to THC, copies of policy declaration pages as evidence thereof, if requested. Any questions concerning insurance requirements may be submitted THC’s

Insurance Analyst by email to: insurance@THC.texas.gov.

Respondent represents and warrants that it will, within seven (7) business days of executing this agreement, provide THC with current certificates of insurance or other proof acceptable to THC of the following insurance coverage:

Workers’ Compensation & Employers’ Liability. Contractor must maintain Workers’ Compensation insurance coverage in accordance with statutory limits:

Workers’ Compensation: Statutory Limits

Employers’ Liability: Each Accident $1,000,000

Disease: Each Employee $1,000,000

Disease: Policy Limit $1,000,000

Commercial General Liability. Personal injury and advertising injury with, at a minimum, the following limits:

Bodily Injury and Property Damage: Each occurrence limit $1,000,000

Aggregate Limit: $2,000,000

Medical Expense: $5,000 each person

Personal Injury and Advertising Liability: $1,000,000

Products / Completed Operations Aggregate Limit: $2,000,000

Damage to Premises Rented to You: $50,000

Respondent represents and warrants that all coverages are with companies licensed in Texas, with

“A” rating from A.M. Best Co., and authorized to provide the required coverages. Respondent also represents and warrants that all of the above policies and bonds contain endorsements prohibiting cancellation exception upon at least thirty (30) days prior written notice to THC. Respondent must, within the time provided above, furnish proof to THC of such coverage in the form of a Certificate of Insurance from Respondent’s insurance carrier or carriers indicating the above coverages. The

Certificate shall be addressed to the Texas Historical Commission as the Certificate holder.

Respondent represents and warrants that it shall maintain the above insurance coverage during the term of this Contract and shall provide THC with an executed copy of the policies immediately upon request.

2.9 REQUIREMENTS OF THE NATIONAL MARITIME HERITAGE GRANT PROGRAM

UNDER NATIONAL PARK SERVICE FUND GRANT.

Any Contract(s) resulting from this RFP are made possible through grant support from the National

Maritime Heritage Grant Program of the National Park Service (NPS), U.S. Department of Interior, related to Maritime Preservation-Texas, Aury Archaeological Investigations Project.

a) The Contracted Services Provider(s) must include acknowledgment of grant support from the

ESHPF of the NPS, Department of Interior, in all deliverables, press, and publications concerning NPS grant-supported activities.

b) Any Contract(s) resulting from this RFP are subject to the terms of the Grant Agreement

(P23AP01329) Between the United States Department of Interior National Park Service and

Texas Historical Commission.

c) THC will furnish NPS with one (1) digital copy of any deliverable/publication produced under any Contract(s) resulting from this RFP.

d) NPS shall have a royalty-free right to republish any materials produced under any Contract(s) resulting from this RFP. All photos included as part of the interim and final reporting, deliverables, and/or publication will be considered released to the NPS for future official use.

Photographer, date and caption should be identified on each photo, so NPS may provide proper credit for use.

SECTION III

PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this RFP will proceed according to the following schedule:

EVENT DATE_________________

Issue RFP/ESBD Posting Date October 20, 2025

Deadline for Submission of Questions October 23, 2025

Official Response to Questions Posted on the ESBD October 24, 2025

Deadline for Submission of Proposals/RFP November 21, 2025, 2:00 PM CT

(Late responses will not be considered)

RFP Evaluations November 21-24, 2025

Interviews with Top Candidates (if necessary) November 25-26, 2025

Expected Award of Contract December 1-9, 2025

Expected Contract Start Date December 10, 2025

3.2 REVISIONS TO SCHEDULE. THC 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 (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The

Respondent's failure to neither periodically check the ESBD will in no way release the Respondent from the requirements of "addenda or additional information" nor will any resulting additional costs to meet the requirements be allowed after the award(s).

3.3 PROPOSAL REQUIREMENTS. Listed below is a summary of all information to be included in a

Proposal submitted in response to this RFP. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. Respondents shall submit one (1) signed original

1. Signature Page

2. Exhibit A – Execution of Offer

3. Exhibit B – Conflict of Interest

4. Exhibit C – Nondisclosure Agreement

5. Exhibit D – Certification Regarding Public Nature of the Offer

6. Exhibit E – Price Schedule (see 3.4.4)

7. Exhibit F – Certification Regarding Lobbying

8. Exhibit G – RFP Checklist

9. Acknowledgement of Addenda (if applicable)

10. Respondent Information

Include the following information related to the responding business entity: formal name and all assumed names used by the business entity; structure of business entity (i.e. sole proprietorship, partnership, corporation, etc.); state in which business entity was formed or incorporated; physical address and mailing address; principal place of business; whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes; and name, title, address, telephone number, facsimile number, and e-mail address of Respondent's primary contact

11. Sub-contractor Acknowledgement.

If applicable, include a letter from any subcontractor proposed for the work in which the subcontractor agrees to work on the team. The letter should be on the subcontractor’s letterhead and explicitly acknowledge that the team member (1) agrees to the teaming arrangement, (2) is aware of and agrees to the specified rate structure, (3) is aware of and agrees to the terms of the proposed contract, and (4) is aware of and agrees that the team member has no conflict of interest. The letter must be included in the bid package.

12. Project Approach Narrative (see 3.4.1)

13. Experience and Qualifications (see 3.4.2)

14. References (see 3.4.3)

15. Evidence of Financial Responsibility and Stability.

The Respondent must provide evidence of financial responsibility and stability for performance of the requirements/services for which a proposal is submitted. In addition, the Respondent must disclose the source of any outside financial resources that will be utilized by the Respondent to enable it to perform any Contract awarded pursuant to the RFP. If requested by THC Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP. The documents may include but are not limited to the

Respondent's most recent audited financial statement. THC reserves the right to require any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of the Respondent's financial soundness.

Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Additionally, the respondent shall provide a formatted USB Flash Drive containing an original, complete copy of the respondent’s proposal to this

RFP. The format shall be Adobe Acrobat version 9.0 or higher.

a) Costs: THC will not reimburse the Respondent for any cost related to its Proposal. The

Respondent is responsible for any expense related to the preparation and submission of its

Proposal.

b) Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government

Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. However, subject to the Act, Respondents may protect trade and confidential information from public release. Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format this is accessible by the public at no additional charge to the state.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire

Proposal subject to release under the PIA. In order to initiate the process of seeking an

Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be boldface type at least

14-point font.

3.4 ELEMENTS OF PROPOSAL

3.4.1 Respondent’s approach to providing the required services 40%

Respondent will submit a detailed narrative and timeline describing the proposed approach for providing the required services. When preparing the Project Approach

Narrative, Respondent must demonstrate a clear and concise understanding of the requested tasks and activities, along with an understanding of the discrete segments of the program, based on existing information. Discuss in detail the proposed approach to implement the requirements of the Scope of Work and meet the project’s objectives.

Include details about any comparable project experience.

Respondent's ability to complete the project in a timely manner is critical to the success of this project. The initial meeting with THC lead staff must be scheduled within two (2) weeks of last signature date on the contract. Specific schedule will be finalized with and in consideration of recommendations of Respondent. The capability of the individual or team to commence and complete the project in a timely manner should be expressed.

This item will be evaluated with respect of an overall understanding of the project’s objectives, including services required, scheduling of work, strictly meeting deadlines, and interfacing with the THC’s project manager.

3.4.2 Experience, Qualifications, and References 40%

Describe the experience and qualifications of the company and personnel or team members who will be responsible for the management, development, and day-to-day operations of the services solicited in this RFP, including for any subcontractors bidder proposes to use.

Elaborate on experience and qualifications that are relevant or unique to this project. The specific anticipated role(s) of key team members toward completing the required scope must be identified. Respondents must provide evidence of experience conducting metal-detecting surveys.

3.4.3 References

Include a minimum of three (3) references from clients for whom employee assistance services have been provided. The Evaluation Committee, at their discretion, may follow up on references provided in the material submitted for consideration. Negative responses or inability to contact listed references using the contact information in the proposal will be considered non-responsive and may be grounds for disqualification.

3.4.4 Price Schedule 20%

The Respondent shall submit a price schedule in response to this RFP by utilizing the format provided in Exhibit E (Price Schedule). The Respondent shall include all expenses associated with performing the required services, traveling, administrative and related services. Exhibit E (Price Schedule) is intended to assist the Respondent in estimating all costs associated and that the total proposal price will cover those expenses.

It is the responsibility of the Respondent to pay for expenses incurred while traveling.

Travel expenses can be estimated using the CPA’s Travel Reimbursement Rates located at:

https://fmx.cpa.state.tx.us/fm/travel/travelrates.php.

The Respondent shall provide a breakdown of elements for each of the following in order to provide a proposal price.

1) Classification of all employees and/or associates expected to perform the required services;

2) Hourly fee for employees and/or associates expected to perform the required services;

3) Estimated total working hours by employees and/or associates;

4) Estimated travel expenses to include cost for transportation, overnight lodging, and meals; and

5) Estimated expenses to include cost for administrative and related services.

Failure to submit a breakdown of elements for the proposal budget shall cause the

Respondent to be disqualified.

The proposal price shall be firm for acceptance for ninety (90) days from the RFP closing date unless otherwise specified in the RFP.

All costs directly or indirectly associated to the preparation of a response to this RFP and/or any oral presentation requested to supplement a submittal shall be at the Respondent’s expense.

If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent's Proposal in response to this

RFP and Respondent's proposed alternative must also be provided in the Proposal.

Respondents cannot take a 'blanket exception' to this entire RFP. If any Respondent takes a

'blanket exception' to this entire RFP or does not provide proposed alternative language, the

Respondent's Proposal may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

3.5 INQUIRIES.

a) Should any Respondent find discrepancies among the Proposal Document, or should the

Respondent be in doubt as to their exact meaning, the Respondent should notify the THC

Contact at once. All inquiries shall be submitted in writing by the date listed in the 3.1 Schedule of Events. Verbal inquiries and responses will not be valid or binding.

b) All inquiries will result in written responses as an addendum posted on the Electronic State

Business Daily (ESBD), available at https://www.txsmartbuy.gov/esbd.

c) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualifications of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

https://fmx.cpa.state.tx.us/fm/travel/travelrates.php

3.6 PROPOSAL SUBMISSION.

a) All Proposals shall be emailed and received, and time stamped at THC in Austin, TX on the date/time specified in the Schedule of Events above (see 3.1). THC reserves the right to reject late submittals.

b) Proposals should be emailed to responses@thc.texas.gov and correctly identified with the RFP number. It is Respondent's responsibility to appropriately mark and deliver the Proposal to THC by the specified date.

c) Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal.

d) Proposals must be received by the submittal deadline (not by when the respondent sent the email). THC will use the “received email” (showing the time and date) as the time stamped, when the email was received at THC in Austin.

3.7 DELIVERY OF PROPOSALS. Proposals shall be submitted to THC by the following method below:

Email

Texas Historical Commission

Attn: Christi Duve

Email Proposals To:

responses@thc.texas.gov

(Enter “Proposal Response To RFP#808-25-243671” in subject line)

3.8 PROPOSAL.

a) The THC reserves the right to reject any or all proposals and to waive any or all informalities in connection therewith. All submitted Proposals become the property of THC after the RFP submittal deadline/opening date. The submitted Proposals and accompanying documentation will not be returned.

b) Proposals submitted shall constitute an offer for a period of ninety (90) days or until a selection is made by THC, whichever occurs earlier. After 90 days, the vendor shall have the option of withdrawing the offer but is not obligated to do so.

3.9 SCORING CRITERIA. Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in this Section. Incomplete responses may be considered non-responsive and subject to rejection. The evaluation committee will determine the best value by applying the following criteria and assigned weighted values:

Criteria Weight

A) Respondent’s approach to providing the required services 40%

B) Respondent’s experience, qualifications, and references that are relevant to this project 40%

C) Price Schedule 20%

3.10 PROPOSAL EVALUATION AND AWARD.

a) THC shall award a contract to a Respondent(s) whose Proposal is considered to provide the best value to the State of Texas, as defined by Tex. Government Code, Section 2155.074.

b) THC reserves the right to award contract(s) to one or more Respondents. THC will make its award, depending on what best serves the needs of the project.

c) A committee will be established to evaluate the Proposals. The committee will include employees of THC and other persons invited by THC to participate.

d) THC reserves the right to award contract without any negotiations and reserves the right to not make awards.

e) The evaluation committee will determine best value by applying the following criteria and assigned weighted values:

1) Price of the item, including total cost of ownership, such as installation costs, life cycle costs, and warranty provisions.

2) Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds Customer expectations, and the characteristics of the product or services that bear on its ability to meet the stated/implied needs.

3) Delivery time frame from receipt of purchase order.

4) Indicators of probable performance under the Contract include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support.

5) Other relevant factors, such as the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

f) The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. THC may, at its discretion, elect to have

Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of THC and will be extended in writing.

g) Proposal evaluation will be based on three sets of criteria: Respondent’s approach to providing the required services, Respondent’s experience and qualifications that are relevant to this project, and price schedule. Each of the criteria will be scored separately. THC will make its award, depending on what best serves the needs of the project.

h) Points may be deducted based upon internal evaluations or other evidence of unsatisfactory past performance on THC contracts of the proposer or the proposer’s team. The Respondent(s) deemed to be the best value will be awarded a contract.

3.11 COST TO THE STATE. Cost to the State of the overall score and will be scored based on the proposer’s price schedule (Exhibit E). Price will be scored from lowest to highest with the lowest price receiving the maximum score.

3.12 TIE BREAKERS. The following preferences are used in breaking tie proposals in accordance with current statutes: Gov’t Code §2155.444, 2155.441, 2156.010.

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

3.13.1 A score of less than B in the Vendor Performance System,

3.13.2 Currently under a Corrective Action Plan through the CPA,

3.13.3 Having repeated negative Vendor Performance Reports for the same reason,

3.13.4 Having purchase orders that have been canceled in the previous 12 months for non-performance (i.e. late delivery, etc.).

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

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

THC 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), THC may 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 THC, and any negative findings, as determined by THC, may result in non-award to the Respondent.

3.14 EXCEPTIONS. If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent's Response in response to this

RFP and Respondent's proposed alternative must also be provided in the Response.

Respondents cannot take a 'blanket exception' to this entire RFP. If any Respondent takes a

'blanket exception' to this entire RFP or does not provide proposed alternative language, the

Respondent's Response may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

EXHIBIT A

Execution of Offer

RFP #808-25-243671

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Offer apply to

Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this RFP or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in its Offer.

3. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this RFP, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Offer.

4. By signature hereon, Respondent represents and warrants that each employee, including replacement employees, will possess the qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this RFP.

5. By signature hereon, Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to THC under the RFP and any resulting contract, if any, and that Respondent’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

6. By signature hereon, Respondent represents and warrants that, pursuant to Section 2155.003 of the Texas

Government Code, it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Offer.

7. By signature hereon, Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

8. By signature hereon, Respondent hereby represents and warrants that, pursuant to 15 U.S.C. Section 1, et seq. and

Texas Business and Commerce Code Section 15.01, et seq., neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the Offer made to any competitor or any other person engaged in such line of business.

9. By signature hereon, Respondent represents and warrants that all statements and information prepared and submitted in response to this RFP are current, complete and accurate.

10. By signature hereon, Respondent represents and warrants that the individual signing this document and the documents made part of this RFP and Offer is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Offer.

11. By signature hereon, Respondent represents and warrants that if a Texas address is shown as the address of the

Respondent, Respondent qualifies as a Texas Bidder as defined by Section 2155.444(c) of the Texas Government

Code.

12. Check below if Respondent is claiming a preference under 34 Texas Administrative Code §20.306 or Chapter 2155, Subchapter H of the Texas Government Code:

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Commercial production company or advertising agency located in Texas

13. By signature hereon, under Section 231.006, Texas Family Code, regarding child support, Respondent certifies that…