ESBD_480451_1767727319182_RFQ 455-26-1006 SW_WELL_PLUG_SRVCS_1_6_26.pdf

2025 Version 1

Railroad Commission of Texas

REQUEST FOR QUALIFICATIONS

STATEWIDE WELL PLUGGING & RELATED SERVICES

Railroad Commission of Texas

1701 N. Congress Ave, Austin, TX 78701

Solicitation No. 455-26-1006

Proposal Due Date:

February 18, 2026

Time (Central Time):

2:00 p.m.

TABLE OF CONTENTS

A.1 DEFINITIONS AND ACRONYMS

A.1.1 OVERVIEW, CONTENT, AND INSTRUCTIONS

A.2 DESCRIPTION AND OVERVIEW

A.2.1 DESCRIPTION OF SERVICES

A.2.2 ELIGIBILITY INFORMATION

A.2.3 TERM OF CONTRACT

A.2.4 STATEMENT OF SERVICES

A.2.5 MINIMUM QUALIFICATIONS

A.2.6 CONTRACTOR RESPONSIBILITIES

A.3 FINANCIAL MATTERS

A.3.1 PAYMENT TERMS AND AWARD SUMMARY

A.3.2 COMPLIANCE WITH TEXAS GOVERNMENT CODE CHAPTER 2251 REQUIRED

A.3.3 PROGRESS PAYMENTS

A.3.4 FINAL PAYMENTS

A.3.5 INVOICE REQUIREMENTS

A.3.6 AUTHORIZATION OF PAYMENT

A.3.7 NON-REIMBURSABLE ITEMS

A.3.8 NO PREPAYMENTS

A.3.9 REFUNDS

A.3.10 ADDING NEW SERVICES TO THE CONTRACT AFTER AWARD

A.4 ANTICIPATED SCHEDULE OF EVENTS

A.4.1 DUE DATE FOR PROPOSALS

A.4.2 SCHEDULE OF EVENTS

A.4.3 INQUIRIES AND ADDENDA

A.4.4 PROHIBITED COMMUNICATIONS/SOLE POINT OF CONTACT

A.5 PROPOSAL CONTENTS (REQUIRED)

A.5.1 ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.5.2 ORGANIZATION OF THE PROPOSAL FOR SUBMISSION

A.6 DISCLOSURES

A.6.1 CHANGES IN OWNERSHIP CONDITIONS

A.6.2 LEGAL ACTIONS

A.6.3 OTHER

A.7 EVALUATION OF THE PROPOSAL

A.7.1 EVALUATION AND AWARD OF CONTRACT

A.7.2 EVALUATION CRITERIA FOR EACH OF THE PROPOSAL COMPONENTS

A.7.3 EVALUATION AND SCORING

A.7.4 PAST PERFORMANCE

A.7.5 CONTRACT NEGOTIATION

A.7.6 BEST AND FINAL OFFER (“BAFO”)

A.7.7 MULTIPLE AWARDS

A.8 SUBMITTING THE RESPONSE TO RRC

A.9 ADDITIONAL INSTRUCTIONS

A.9.1 ACCURACY OF THE PROPOSAL

A.9.2 CONFIDENTIAL INFORMATION; PUBLIC INFORMATION ACT

A.9.3 IRREVOCABILITY OF THE PROPOSAL

A.9.4 AFFIRMATIONS AND REQUIRED CLAUSES

A.9.5 CONFLICTING SOLICITATION LANGUAGE

A.1 DEFINITIONS AND ACRONYMS

A.1.1 OVERVIEW, CONTENT, AND INSTRUCTIONS

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

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

Table 1: Definitions and Acronyms

Addendum/Addenda Modification to this solicitation, issued by

RRC and posted to the Texas

Comptroller of Public Accounts ESBD website

(http://www.txsmartbuy.com/esbd) prior to

Response due date.

American Petroleum Institute (API) The U.S. national trade association representing all facets of the natural gas and oil industry. API maintains more than

700 standards and recommended practices for the oil and gas industry;

many of the standards and recommended practices are incorporated into state and federal regulations.

Changed Conditions Subsurface or latent physical conditions differing materially from those indicated in the Contract or Work Order issued thereunder, or unknown, unusual physical conditions which could not reasonably be anticipated when considering and analyzing all information provided within the Solicitation and Contract documents and information readily accessible to

Respondent and available upon

Respondent’s request prior to

Respondent’s submission of a Response.

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

http://www.txsmartbuy.com/esbd

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

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

Business days shall mean Monday through Friday except holidays officially listed on the State of Texas Holiday

Schedule and/or on which RRC headquarters office is closed.

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

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

Veteran Heroes United in Business

(VetHUB)

As defined within Texas Government

Code Chapter 2161 and amended by the

Texas Comptroller of Public Accounts in its emergency rules, effective December

2, 2025.

Notice to Proceed (NTP) The formal written authorization issued from RRC to Vendor, which indicates work under the Contract or Work Order issued thereunder is authorized to commence in accordance with the terms and conditions of the Contract and a

Work Order issued thereunder and on, but not sooner than, the date specified within the Notice to Proceed.

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

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

Response An expression of interest submitted by a

Respondent to RRC because of this solicitation that contains the

Respondent’s statement of qualifications and other information evidencing the

Respondent’s qualifications to perform the services and work required under the

Contract

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

RFQ document set.

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

RRC Statewide Rules The official rules of RRC and that are found in 16 TAC Part 1, Chapters 1 through 20. The TAC and RRC Statewide

Rules may be found on the Office of the

Secretary of State under the RRC

Statewide Rules.

Services The plugging or re-plugging of abandoned oil, gas, or saltwater disposal wells and the providing of all goods and services related and incidental to the plugging or re-plugging of such wells.

Solicitation and Contract Documents Those documents identified as a component of the solicitation, including all exhibits, attachments, and appendices thereto and/or that are incorporated by reference as though fully set forth within, and any Addenda that may be issued following issuance date of the original solicitation document set, and those documents identified as a component of the Contract agreement between RRC and the Respondent awarded a contract arising from the solicitation.

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

TAC Texas Administrative Code.

TGC Texas Government Code

Vendor The individual or entity qualified, in RRC’s sole determination, to provide the goods and/or services sought by RRC pursuant to this solicitation and who is ultimately selected to carry out the requirements https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC&part=1&title=16 https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC&part=1&title=16 stipulated in this solicitation, and any resulting contract and work order issued under such contract.

Work Order A description of a specific job or project arising under the Contract and that includes details applicable to the location(s), goods, services, and incidentals of work to be performed.

A.2 DESCRIPTION AND OVERVIEW

A.2.1 Description of Services

In accordance with applicable provisions of Texas Government Code Chapters 2155, 2156, the Railroad Commission of Texas extends this solicitation to qualified entities to submit a Response detailing the entity’s qualifications to provide Statewide Well Plugging and Related Services as further described herein and in accordance with all terms, conditions, and specifications contained within the Solicitation and Contract Documents.

Responses to this Solicitation No. 455-26-1006 shall be received by the Railroad Commission of Texas, Contract Management Section, 1701 N. Congress Avenue, Austin, TX 78701 no later than 2:00PM (CT), Wednesday, February 18, 2026, for RFQ No. 455- 26-1006, Statewide Well Plugging and Related Services.

A.2.2 Eligibility Information

The RRC seeks Statewide Well Plugging and Related Services to be performed within

RRC Oil and Gas Division Districts throughout the state of Texas (see RFQ

ATTACHMENT 1: Appendix A) and include, but may not be limited to, plugging or re-plugging of abandoned oil and gas, or saltwater disposal wells and the providing of all labor, materials, equipment, tools, incidentals, and services necessary for the RRC, as directed. All work under the Contract shall be performed in accordance with applicable federal, state, and local statutes, laws, ordinances, regulations, and rules, including

RRC Statewide Rules, the specifications within this Statement of Services, and any

Work Order issued under the Contract, and all terms and conditions of the Contract.

See RFQ ATTACHMENT 1: Statement of Services.

This solicitation describes the requirements that must be met by the selected

Respondents. Respondents are cautioned to carefully read the solicitation in its entirety.

This solicitation is RRC’s process to select highly qualified Statewide Well Plugging and

Related Services providers and issue contracts for Services to be delivered in each

RRC Oil and Gas Division District listed within RFQ ATTACHMENT 1: Appendix A.

Selection of a Respondent for award of a Contract will be based on demonstrated competence, detailed credentials, evaluation criteria and other requirements as outlined in Section A.7: Evaluation of the Proposal and ATTACHMENT 3: RESPONDENT’S QUALIFICATIONS STATEMENT. Please read Section A.7 in its entirety. Failure to provide the mandatory required information will automatically disqualify Respondent from consideration for award in connection with this solicitation. Selected Respondents shall be bound to the terms and conditions of this solicitation, and the RRC’s Contract as finalized between the RRC and Respondent (see solicitation ATTACHMENT 6: SAMPLE RRC CONTRACT), any additional, specific terms and conditions applicable to a finalized, negotiated Work Order issued thereunder, and shall comply with all applicable local, state, and federal statutes, rules, regulations, and ordinances, including but not limited to those related to licensing, certification, and permitting requirements.

RRC reserves the right to award more than one Contract from this solicitation. A

Contract arising from this solicitation shall not be exclusive; RRC may obtain Statewide

Well Plugging and Related Services from other sources during the term of the Contract.

A Contract shall have no monetary value and no guarantee that any Work Order will be issued thereunder. An award of a Contract arising from this solicitation shall not disqualify a Respondent from responding to a future RRC project-specific solicitation for

Statewide Well Plugging and Related Services.

A.2.3 Term of Contract

Any Contract resulting from this solicitation shall include an original term of one (1) year from the date of the Contract effective date (“Original Term”). At RRC’s discretion, the original Contract term may be extended for up to four (4) additional one-year optional renewal terms (“Renewal Term”). Renewal Terms to any Contract shall be accomplished through a written amendment to the original Contract, fully executed prior to expiration of the Contract, and shall incorporate all terms and conditions of the original Contract as may be amended by mutual agreement between the RRC and

Vendor.

A.2.4 Statement of Services

This procurement for Statewide Well Plugging and Related Services will allow the

Railroad Commission to contract with highly qualified Statewide Well Plugging and

Related Service provider with experience in well plugging and related services, best practices to assist RRC with implementing the requirements of this solicitation. RRC does not have sufficient personnel required to perform well plugging and related services and seeks to prequalify a Statewide Well Plugging and Related service provider deemed highly capable of completing all work required under a Contract arising from Solicitation No. 455-26-1006 and any Work Order(s) issued thereunder. See

ATTACHMENT 1: STATEMENT OF SERVICES.

A.2.5 Minimum Qualifications

To be eligible for consideration of contract award, Respondent must meet all minimum qualification requirements as outlined in the Solicitation and Contract Documents, including requirements stated within any part of this solicitation and in ATTACHMENT 1:

Statement of Services. A Response must clearly demonstrate Respondent meets the following minimum qualifications:

Respondent must have an active, current Organization Report (Form P-5) on file with the RRC. A copy of your Organization Report (Form P-5) must be included in Tab B

Executive Summary.

Respondent must be an approved cementer or use an approved cementer that is authorized by the RRC to conduct plugging operations in accordance with 16 TAC

§3.14(d), submission of proof in Tab B Executive Summary.

Respondent demonstrates successful performance of well plugging services similar in scope (as judged by RRC) to one or more categories of Services described in RFQ

ATTACHMENT 1: Statement of Services. Respondent shall include elaboration of, and details related to, the three (3) projects identified within ATTACHMENT 3: Respondent’s

Qualifications Statement Form and must be included in Tab C Experience and

Qualifications.

Respondent must submit ATTACHMENT 5: Sample Equipment List and Specifications

(TAB E) and Appendix B Rate Submission Sheet (Tab F) in Respondent’s

Submittals.

Respondent owns, leases, or has access to all well plugging and related services equipment necessary to perform Services in one or more of the general categories of

Services stated within this RFQ.

Respondent is financially solvent and adequately capitalized as judged by RRC.

A.2.6 Contractor Responsibilities

The RRC shall look solely to the Contractor(s) for compliance with all the requirements of this Solicitation and the resulting Contract(s). Contractor(s) shall be the sole point of

Contract responsibility and shall not be relieved of non-compliance of any subcontractor.

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

A.3 FINANCIAL MATTERS

A.3.1 Payment Terms and Award Summary

Vendor shall submit by email to RRC’s designated point of contact all requests for payment. Payment requests shall be submitted upon Respondent’s completion of and

RRC’s acceptance of work. When submitting request by email, Vendor shall include as attachments to the email Vendor’s invoice and all additional documents required by the

Contract, as applicable to the payment request, as attachments to the email. Vendor shall also email the invoice to the RRC Contract Manager assigned to the Contract.

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

A.3.2 Compliance with Texas Government Code Chapter 2251 Required

A Vendor awarded a Contract arising from this solicitation, and all Vendor’s subcontractors, if any, shall comply with all applicable provisions of Texas Government

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

A.3.3 Progress Payments

Note: A Contract arising from this solicitation shall require 0% retainage withheld on all progress payments, unless expressly required by supplemental terms and conditions within a Work Order issued under the Contract. Payment requests under the Contract shall be based on work completed per deliverable or per month unless otherwise approved in writing by RRC. Upon Respondent’s completion of work, and upon RRC’s acceptance thereof, Vendor shall submit a properly prepared, itemized invoice accompanied by all additional documents required by Contract, as a Contract progress payment equal to 100% of the value of the work invoiced as completed by

Respondent and accepted by RRC.

A.3.4 Final Payments

Upon Respondent’s completion of all final, not previously invoiced work, and upon

RRC’s acceptance thereof, Vendor shall submit a properly prepared invoice as Vendor’s request for final payment under the Contract. Upon Vendor’s submittal of a properly prepared, itemized invoice accompanied by all additional documents required by

Contract, final payment may be made by RRC in accordance with Texas Government

Code Chapter 2251. Vendor’s final payment request shall reflect value for 100% of the value of work performed by Vendor and accepted by RRC, but not previously invoiced by Vendor, and shall include invoicing for all retainage, if any, previously withheld and not released under the Contract.

A.3.5 Invoice Requirements

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

Vendor’s invoice must clearly reflect the following:

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

ii. RRC bill to information;

iii. Vendor name;

iv. Vendor address;

v. Vendor remit payment to information;

vi. Texas Vendor Identification Number assigned by Texas Comptroller of Public

Accounts;

vii. Invoice date;

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

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

x. Invoice total; and

Invoices should be emailed to invoices@rrc.texas.gov and jesse.herrera@rrc.texas.gov;

and;

mailto:invoices@rrc.texas.gov mailto:jesse.herrera@rrc.texas.gov

Vendor’s invoices submitted to and received by RRC, but which fail to conform to all invoice requirements stipulated within the Contract Documents, will be returned to

Vendor unpaid or will be held by RRC until all requirements for submittal of revised invoice and/or additional documents required by the Contract are satisfied.

For invoices which fail to conform to all invoice requirements stipulated within the

Contract, the Vendor shall be entitled to three (3) business days to correct and resubmit the invoice, after which the administrative surcharges listed below will apply.

Late invoices will be assessed an administrative surcharge of twenty dollars ($20.00) per day, which shall be deducted from payment due pursuant to the invoice. The maximum administrative surcharge due shall be capped at two-thousand dollars

($2,000.00). A pattern of multiple late invoices shall be reflected in a report filed with the

Comptroller’s Vendor Performance Tracking System.

A.3.6 Authorization of Payment

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

A.3.7 Non-Reimbursable Items

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

RRC Authorized Representative and RRC Contract Manager assigned to the Contract.

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

Travel Reimbursement Rates may be found at:

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

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

Work Order issued thereunder. Vendors shall not be reimbursed for travel, meals, lodging, or other related expenses that are reasonable and ordinary in the course of delivery of Statewide Well Plugging and Related Services.

A.3.8 No Prepayments

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

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

A.3.9 Refunds

Upon Vendor’s discovery of any erroneous payment from RRC to Vendor of any funds, or upon receipt of written notice of erroneous payments issued by RRC, Vendor shall promptly refund or credit within thirty (30) calendar days any funds erroneously paid by

RRC or which are not expressly authorized under the Contract.

A.3.10 Adding New Services to the Contract After Award

Following the Contract award, additional Services of the same general category that could have been encompassed in the award of this Contract, and that are not already on the Contract, may be added. A formal written request may be sent to Awarded

Contractor(s) to provide a proposal on the additional services and Contractor(s) shall submit proposals to the RRC as instructed.

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

A.4 ANTICIPATED SCHEDULE OF EVENTS

A.4.1 Due Date for Proposals

Responses must be received by the Contract Management Section, Railroad

Commission of Texas, Austin, Texas NO LATER THAN the date and time specified within this solicitation, or as revised by Addenda, if any, to this solicitation. RESPONSES

RECEIVED AFTER THE DEADLINE DATE AND TIME WILL NOT BE CONSIDERED. Please see

Section A.8 Submitting the Response to RRC below.

A.4.2 Schedule of Events

Table 2: Schedule of Events below provides dates applicable to this solicitation. At the sole discretion of RRC, this schedule may be revised through written Addendum posted to the Texas Comptroller's ESBD website as applicable, no later than the

Response due date and time. At sole discretion of RRC, award may occur at any time after due date of Responses and completion of evaluation of Responses received.

Table 2: Schedule of Events

EVENT DATE

Issuance of Solicitation January 6, 2026

Respondent's Submission of HSP for

RRC Courtesy Review Begins

January 9, 2026

Deadline for Submission of Written

Inquiries (no later than 2:00PM CT)

January 16, 2026

Response to Written Inquiries, if any

(Addendum posted to ESBD)

January 20, 2026

Respondent’s Deadline for Submission of

HSP for Courtesy Review Ends

January 30, 2026

Response Due Date (no later than

2:00PM CT)

February 18, 2026

Estimated Award Date Upon Execution

A.4.3 Inquiries and Addenda

Respondent solely is responsible for thoroughly understanding the solicitation and all attachments, exhibits, forms, and Addenda, if any, issued. Should any Respondent find any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the solicitation, or should Respondent be in doubt as to the exact meaning of information within the solicitation, Respondent should immediately notify in writing via email or email with editable attachment (i.e., MS Word® document) RRC’s sole point of contact for this solicitation (see solicitation Section A.4.4). RRC shall not be responsible for oral instructions or for misinterpretation of the Solicitation and Contract Documents.

Respondents submitting inquiries must reference the relevant solicitation page and section and should submit all questions by the inquiry deadline stated within Table 2:

Schedule of Events of this solicitation. RRC reserves the right to amend answers prior to the Response submission deadline, and RRC reserves the right to respond to questions received after deadline for submission of written questions. When issuing response to questions submitted, RRC shall issue Addenda posted to the Texas

Comptroller’s ESBD website.

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

A.4.4 Prohibited Communications/sole point of contact

Upon issuance of this solicitation, RRC, its representative(s), and partners (if any) will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or their representatives(s), except for the written inquiries submitted in accordance with Section A.4.4, below. Attempts to ask questions by phone or in person will not be permitted or considered valid. FAILURE TO ADHERE TO THIS

RESTRICTION MAY DISQUALIFY RESPONDENT AND RESPONDENT’S RESPONSE.

Respondents shall rely only on written statements issued through or by RRC’s

Contract Management Section. This restriction does not preclude discussions between affected parties for the purposes of conducting business not related in any way to this solicitation.

For information related to this solicitation No. 455-26-1006, the project, and administration of any resulting Contract, RRC’s sole Point of Contact shall be Jesse

Herrera, Contract Administration Manager, whose contact information can be found in

Section A.8.

A.5 PROPOSAL CONTENTS (REQUIRED)

A.5.1 Attachments Included with this Solicitation

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

Respondent solely is responsible for review and understanding of the entire solicitation http://www.txsmartbuy.com/esbd including all terms, conditions, specifications, attachments, and Addenda, if any, issued and for ensuring a submitted Response contains all required elements and forms to be considered responsive to the solicitation.

Table 3: RRC Attachments

Attachment Number: Name Return with Response?

Attachment 1: Statement of Services No

Attachment 2: Respondent's Statements and Covenants

*Respondent's Statements and

Covenants Form must be completed, signed, and returned.

Yes (TAB F)

Attachment 3: Respondent's

Qualifications Statement Form

*Respondent's Qualifications Statement

Form must be completed, signed, and returned.

Yes (TAB F)

Attachment 4: VetHUB Subcontracting

Plan (HSP) & VetHUB Instructions

*Respondent's VetHUB Subcontracting

Form must be completed, signed, and returned.

Yes (TAB F)

Attachment 5: Sample Equipment List and Specifications and Appendix B Rate

Submission Sheet

*Respondent's Sample Equipment List and Specifications (TAB E) and Appendix

B Rate Submission Sheet (TAB F), must be completed and returned.

Yes, Sample Equipment List and

Specifications only (TAB E)

Yes, Appendix B Rate Submission

Sheet only (TAB F)

Attachment 6: Sample RRC Contract No

Attachment 7: RRC Standard Terms and

Conditions

No

Attachment 8: Performance Evaluation

Standards

No

Attachment 9: Federal Terms and

Conditions

*Federal Terms and Conditions, must be completed, signed, and returned.

Yes (TAB F)

Attachment 10: Federal Forms: Federally

Funded Work Orders

*Federal Forms: Federally Funded Work

Orders, must be completed, signed, and returned.

Yes (TAB F)

Attachment 11: Guidance on Adhering to

Federal Terms and Conditions

*Guidance on Adhering to Federal Terms and Conditions must be completed, signed, and returned.

Yes (TAB F)

A.5.2 Organization of the Proposal for Submission

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

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

TAB A- Title Page

The response title page must include:

RRC's solicitation number: RFQ No. 455-26-1006

Respondent's name and physical address

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

CPA), and/or

Respondent's Federal Employer Identification Number (9-digit number issued by the

IRS)

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

TAB B- Executive Summary

Respondent’s executive summary should include a clear, comprehensive summary of

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

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

i. Respondent must include a copy of an active, current Organization Report

(Form P-5) on file with the RRC.

ii. Respondent must be an approved cementer or use an approved cementer that is authorized by the RRC to conduct plugging operations in accordance with 16 TAC §3.14(d), and submission of proof.

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

Identification of Services categories Respondent can and is willing to deliver from among the following categories:

i. Routine well plugging and abandonment

ii. Deep well plugging and abandonment (for wells ~10,000 feet or greater in depth);

iii. Federally funded well plugging and abandonment;

iv. Well plugging and abandonment in environmentally sensitive locations;

v. Removal of associated well site equipment and remediation;

vi. Emergency response well plugging and abandonment; or

vii. Plugging and abandoning wells located on or immediately adjacent to bodies of surface freshwater (With Vendor’s consent.

viii. Bay/offshore well plugging and associated structure removal

Related Services:

• Remediation of soil and restoration native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure;

• Remediation of land adjacent to orphaned wells and decommissioning or removal of associated pipelines, tank batteries, other facilities, and infrastructure;

• Acquisition and marketing of carbon credits/offsets, including measuring of methane emissions before and after plugging.

Identification of Respondent's service area(s) listed by RRC Oil and Gas Districts, the number of rigs available for plugging, and the yard locations where those available rigs are ordinarily stored when not in use (see RFQ ATTACHMENT 1: Appendix A). By identifying a service area in Attachment 1, Respondent is certifying that there is at least one (1) rig available at all times per service area such that at least one plugging operation can proceed in each of the service areas in parallel at the same time.

Respondent's service areas should represent RRC Oil and Gas Districts in which

Respondent can and intends to provide the Services if awarded a Contract; and

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

If Respondent is proposing innovative solutions for reducing out-of-pocket costs to RRC for well plugging and related services such as acquiring and marketing carbon credits/offsets, Respondent must provide a summary of its experience in providing that innovative solution.

TAB C- Experience and Qualifications

Tab C shall include elaboration of, and details related to, the three (3) projects identified within ATTACHMENT 3: RESPONDENT’S QUALIFICATION STATEMENT FORM.

Respondent may provide details of additional projects in addition to the three (3) identified in ATTACHMENT 3: RESPONDENT’S QUALIFICATION STATEMENT FORM. Any additional projects provided shall demonstrate Respondent’s ability to meet or exceed the minimum qualifications and experience required to deliver the Statewide Well

Plugging and Related Services described within ATTACHMENT 1: STATEMENT OF

SERVICES.

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

TAB D- Respondent's Approach To Performing Work Under The Contract

TAB D shall include elaboration of, and details related to, Respondent’s approach to performance of Services described within RFQ ATTACHMENT 1: Statement of Services.

Respondent’s approach shall demonstrate Respondent's experience, expertise, and ability to plan and complete well plugging and related services of one or more wells within one or more of the following categories:

i. Routine well plugging and abandonment;

ii. Deep well plugging and abandonment (for wells ~10,000 feet or greater in depth);

iii. Federally funded well plugging and abandonment;

iv. Well plugging and abandonment in environmentally sensitive locations;

v. Removal of associated well site equipment and remediation;

vi. Emergency response well plugging and abandonment; or

vii. Plugging and abandoning wells located on or immediately adjacent to bodies of surface freshwater.

Respondent is solely responsible for providing sufficient details to ensure RRC’s evaluation committee members can determine Respondent’s understanding of the RFQ, the Statement of Services, and scope of work and specifications applicable to performance of the Services. In this section of the Response, Respondent is encouraged to address, at a minimum, the following:

i. Respondent’s approach to plugging wells at various depths;

ii. Respondent’s approach to plugging wells with difficult conditions.

Respondents are also encouraged to provide plans, if any, for the acquisition and marketing of carbon credits/offsets or other innovative solutions to reduce the out-of-pocket expenses of well plugging and related services for RRC. A respondent is not required to provide carbon credit/offset acquisition and marketing services, and this will not factor against a respondent during evaluations. A description of Respondent’s plans for acquisition and marketing of carbon credits/offsets shall include the following:

i. A legal opinion from a licensed Texas attorney board-certified in oil & gas law on the authority of the RRC to participate in the acquisition and marketing of carbon credits/offsets;

ii. A narrative of the logistics involved in acquiring and marketing carbon credits/offsets;

iii. Plans for measuring methane emissions; and

Anticipated costs, benefits, and risks associated with acquiring and marketing carbon credits/offsets, and their allocation to each party.

TAB E- Respondent’s Equipment List and Specifications

TAB E shall include a detailed list of the Respondent's owned, leased, or available equipment used in the performance of well plugging and related services (see RFQ Attachment 5: Sample Equipment List and Specifications as an example).

TAB E of a Response shall be prepared in substantial form and format to RFQ ATTACHMENT 5: Sample Equipment List and Specifications, including a cover page listing all equipment and, for each piece of equipment listed, be accompanied by either a statement of specifications prepared by Respondent or by a manufacturer's specification sheet.

RESPONDENT SHOULD NOTE: THIS SECTION OF THE RESPONSE SHALL BE

CONSIDERED IN DETERMINING RESPONDENT’S QUALIFICATIONS AND ABILITY

TO PROVIDE REQUESTED SERVICES AND MAY BE USED AS A DETERMINING

FACTOR IN WORK ORDERS ISSUED TO A VENDOR UNDER A CONTRACT

RESULTING FROM THIS RFQ. Therefore, Respondent is strongly encouraged to provide a complete list of well plugging and related services equipment Respondent owns, leases or has access to, as well as provide either a statement of specifications prepared by Respondent or manufacturer specification sheet, for each piece of equipment listed.

TAB F- Respondent's Submittals

Required RRC Solicitation Attachments. Tab F shall include properly completed

Required RRC RFQ Attachments identified within this section. Failure to include all required RRC RFQ Attachments shall result in the Response being deemed nonresponsive to the RFQ and disqualified from consideration for contract award. The

Required RRC RFQ Attachments applicable to this solicitation include:

i. RFQ ATTACHMENT 2: Respondent’s Statements and Covenants

ii. RFQ ATTACHMENT 3: Respondent’s Qualifications Statement form

iii. RFQ ATTACHMENT 4: VetHUB Subcontracting Plan

iv. RFQ ATTACHMENT 5: Respondent’s Equipment List and Specifications and

Appendix B Rate Submission Sheet

v. RFQ ATTACHMENT 9: Federal Terms and Conditions

vi. RFQ ATTACHMENT 10: Federal Forms

vii. RFQ ATTACHMENT 11: Guidance on Adhering to Federal Terms and Conditions

*** Please note that submission of Required Attachments must be as individual PDFs with an appropriate title. *** Example: Oreily Well Service Qualifications Statement form

In addition to the Required RRC RFQ Attachments, a Respondent shall include within

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

A.6 DISCLOSURES

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

A.6.1 Changes in Ownership Conditions

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

Any change in ownership during the period prior to Contract award, and Any change in ownership during the term of the Contract or any extension or renewal period(s) thereof.

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

Contract.

A.6.2 Legal Actions

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

A.6.3 Other

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

STATEMENTS AND COVENANTS. Respondent is strongly encouraged to carefully and thoroughly review each statement and covenant within solicitation ATTACHMENT 2:

RESPONDENT'S STATEMENTS AND COVENANTS to determine applicability of disclosures and to ensure Respondent's Response includes all mandatory disclosure statements applicable to Respondent, including, but not limited to, conflicts or potential conflicts of interest (see SOLICITATION ATTACHMENT 2: RESPONDENT'S STATEMENTS AND COVENANTS.)

A.7 EVALUATION OF THE PROPOSAL

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

A.7.1 Responsiveness

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

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

Compliance with Costs of Response Preparation;

Compliance with Veteran Heroes United in Business (VetHUB) Requirements (including all subsections);

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

Compliance with RRC General Terms and Conditions.

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

A.7.2 Evaluation and Award of Contract

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

The RRC reserves the right to award Contract(s) without any negotiations and reserves the right to not make awards. Submission of a Proposal confers no rights on

Respondent to an award or to a subsequent Contract, if there is one. The issuance of this s does not guarantee that a Contract will ever be awarded. RRC reserves the right to withdraw the solicitation entirely for any reason solely at RRC’s discretion. An individual Proposal may be rejected if it fails to meet any requirements of this solicitation. RRC may seek clarification from Respondent at any time during the evaluation period, and failure to respond may be cause for rejection of a Proposal.

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

The Contractor shall not begin or provide services until issuance of a Notice to Proceed

(NTP) by RRC.

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

RRC shall award a Contract(s) to the Respondent(s) whose proposal is considered to be the best value to the state, as defined in §2155.074, Gov't Code. ATTACHMENT 6 RRC

SAMPLE CONTRACT of this solicitation represents the Anticipated Contract (along with its incorporated exhibits) which will be entered into with the Contractor(s) and lists the additional terms and conditions governing this solicitation. The RRC may make its award to Respondent(s) based on any combination, including, but not limited to line item that provides best value to the State.

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

Each evaluated Proposal will be reviewed and scored according to Table 4: Weighted

Criteria below.

A.7.3 Evaluation Criteria for Each of the Proposal Components

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

Code §2155.074. Factors that may be considered include:

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

• Respondent’s ability to perform Statewide Well Plugging and Related Services required under the Contract and to promptly and timely provide Services without delay or interference;

• Respondent’s experience successfully performing well plugging and related services according to RRC Statewide Rules, federal and state statutes, regulations, rules and specifications is preferred and will be evaluated at a greater weight (past successful work experience for RRC will be considered);

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

• Respondent’s compliance with RFQ Response submission requirements;

• Respondent’s acceptance of terms and conditions;

• Respondent’s service range throughout the state, including the number of rigs available for use on RRC worksites, and their locations;

• Respondent’s demonstrable innovative solutions, if any, such as carbon credit/offset acquisition and marketing, for reducing RRC’s out-of-pocket expenses for well plugging and related services (**Note: this criterion will only be considered if Respondent proposes an optional innovative solution, and its absence will not count against Respondent for purposes of response evaluation**).

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

WEIGHTED CRITERIA

Table 4: Weighted Criteria

CRITERIA WEIGHT

RESPONDENT'S ORGANIZATION OF

RESPONSE

30%

RESPONDENT'S QUALIFICATIONS 50%

RESPONDENT'S FEES/COST 10%

OVERALL, CLARITY AND RESPONSIVENESS 10%

TOTAL SCORE 100%

A.7.4 Evaluation and Scoring

Respondent’s Organization of Response 30%. Evaluation and scoring shall include, but is not limited to, overall organization and presentation of Response, content in Response TAB B EXECUTIVE SUMMARY including Respondent’s ability to meet and exceed minimum qualifications stated in this RFQ, content in Response TAB C EXPERIENCE AND

QUALIFICATIONS that demonstrates Respondent’s experience and success in delivery of same or substantially similar services as those required under this RFP, demonstration of understanding of RFP requirements, and content in Response TAB D RESPONDENT’S

APPROACH TO PERFORMING WORK UNDER THE CONTRACT, content in Response TAB F

RESPONDENT’S SUBMITTALS, and Respondent’s past performance as evidenced by Texas CPA Vendor Performance Tracking System score (if any) and/or response to RRC inquiries to other entities, including but not limited to Respondent’s references.

Respondent’s Qualifications 50%. Evaluation and scoring shall include, but is not limited to, content in Response TAB B EXECUTIVE SUMMARY including Respondent’s ability to meet and exceed minimum qualifications stated in this RFQ, content in Response TAB

C EXPERIENCE AND QUALIFICATIONS that demonstrates Respondent’s experience and success in delivery of same or substantially similar services as those required under this RFQ, content in Response TAB E RESPONDENT’S EQUIPMENT that demonstrates Respondent’s access to quantity, type and standard of equipment used in performance of well plugging and related services, content in Response TAB F RESPONDENT’S

SUBMITTALS, and Respondent’s past performance as evidenced by Texas CPA Vendor Performance Tracking System score (if any) and/or response to RRC inquiries to other entities, including but not limited to Respondent’s references.

Respondent’s Fees/Cost 10%. Evaluation and scoring of lowest fees/cost shall receive 100% of the 10% maximum points possible for fees/cost.