ESBD_481805_1767977837433_3202600118 Trinity Landscape RFP.pdf

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Randy Townsend, Interim Executive Director

Request for Proposals (RFP) for

Trinity Landscaping Services

RFP No. 3202600118

Date of Release: January 9, 2026

Proposals Due: February 6, 2026, by 10:00 a.m. Central Time

988-52 Landscaping including Design, Fertilizing, Planting, etc., Not Grounds Maintenance or Tree Trimming

515-25 Irrigation Systems, Supplies, Parts, and Accessories

335-30 Fertilizer, Blended or Dry Mix, Commercial

988-88 Tree Trimming and Pruning Services

Sole Point of Contact for this RFP (see Section 4.1):

Rachel Dean, CTCD, CTCM

VendorProposals@TWC.texas.gov mailto:VendorProposals@TWC.texas.gov

TABLE OF CONTENTS

Table of Contents Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

1.2. Authority

1.3. Schedule of Events

Article II. Scope of Work

2.1. Overview/Background

2.2. Description of Services/Scope of Work/Specifications

Article III. General Information

3.1. Terms and Conditions

3.2. Contract Award

3.3. Contract Execution

3.4. Contract Term

3.5. Contract Amendments

3.6. No Guarantee of Volume, Usage, or Compensation

3.7. Governmental Entities

3.8. Offer Period

3.9. Costs Incurred

3.10. Public Information Act - Respondent Proposal

3.11. Public Information Act – Contract Award

3.12. Respondent Waiver – Intellectual Property

3.13. Sanctions and Remedies

3.14. Changes in Ownership

3.15. Severability

3.16. Franchise Tax – Right to Transact Business in Texas

Article IV. Proposal Process

4.1. Inquiries

4.2. Proposal Composition

4.3. Proposal Submission and Delivery

4.4. Additional Information

4.5. Ambiguity, Conflict, or Discrepancy

4.6. Changes, Modifications, and Cancellation of Solicitation

Article V. Proposal Evaluation and Award Process

5.1. Written Proposal Evaluation

5.2. Conformance with State Law

5.3. Evaluation Process Overview

5.4. Initial Compliance Screening

5.5. Minimum Qualifications

5.6. Written Proposal Evaluation Criteria

5.7. Best and Final Offer (BAFO)

5.8. Final Written Response Score and Total Score

5.9. Summary of Best Value Determination

5.10. Questions or Requests for Clarification

5.11. Advancement Criteria

Article VI. Required Proposal Information

6.1. Narrative Proposal

6.2. Cost Proposal

6.3. Offered Options

6.4. Contract Performance

6.5. Past Project Performance References

6.6. Financial Information

6.7. Execution of Response

LIST OF ATTACHMENTS AND FORMS

Definitions

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

“Additional Evaluation Activities” include Oral Presentations, Clarifications, Technical Discussions, Proof of Concept, Demonstrations, and/or Site Visits.

These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Proposals.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Competitive Range” consists of the offers or Proposals that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by the TWC and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the Proposal based on Scoring Matrix published in the Solicitation.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Proposals for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“Offered Option” means options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Proposal. A Respondent is not obligated to include an Offered Option in its Proposal. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing for acquisition of Offered Options and Offered Options are not considered during evaluation of Proposals.

“PHS” means Procurement and HUB Services, a division of TWC.

“Proposal” means a written offer to contract with the State, submitted in response to this Solicitation.

“Respondent” means the individual or entity that submits an offer or Proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or Proposal, such as an agent, employee, and representative.

http://www.txsmartbuy.com/esbd

“Sanction(s)” means monetary remedies including recoupment, payment hold, imposition of penalties or damages, exclusion, debarment, suspension, or revocation.

“Solicitation” means this RFP, including all exhibits, attachments, forms, and Addenda, if any.

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

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Respondent” means the Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“Total Score” means the Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1. PURPOSE

The Texas Workforce Commission is seeking proposals to provide a turnkey service to remodel the landscape at the Trinity building located at 1117 Trinity St, Austin, Texas. 78701.

PHS will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from vendors, as well as managing the receipt of Proposals for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2. AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code §§ 2155.062, 2156.001 and 2156.121.

1.3. SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Proposals will be published as an Addendum posted to the ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

http://www.twc.texas.gov/

EVENT DATE and TIME

Solicitation Posting to ESBD January 9, 2026

Deadline for Submitting Questions or Requests for Clarification

JANUARY 14, 2026, at 5:00PM Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

JANUARY 30, 2026, by 5:00 PM Central Time

Deadline for Submission of Proposals (NOTE: Proposals must be RECEIVED by TWC by the deadline.)

FEBRUARY 6, 2026, at 10:00

AM Central Time

Site Visits (by TWC to Respondent site) JANUARY 12, 2026-JANUARY

30, 2026

Anticipated Notice of Intent Notification MARCH 10, 2026

Anticipated Contract Start Date APRIL 30, 2026

Respondent must submit its Proposal to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD. After receipt of Proposals, only the names of Respondents will be made public upon request.

ARTICLE II. SCOPE OF WORK

2.1. OVERVIEW/BACKGROUND

Respondent must provide a detailed response package that demonstrates their landscaping expertise and ability to provide TWC with a best value contract to complete the Trinity Landscaping Services. Include all attachments and information as required in this RFP.

The Respondent shall provide a detailed description of how the work is to be performed along with pictures of a before and after. The Respondent should review Attachment 4-Project Drawings for project specifications.

2.2. DESCRIPTION OF SERVICES/SCOPE OF WORK/SPECIFICATIONS

2.2.1. The Successful Respondent shall scrape three inches (3") depth of soil and remove all existing black mulch in areas where new material is being installed.

2.2.2. The Successful Respondent shall haul off all excavated material from site.

2.2.3. The Successful Respondent shall remove existing River Rock in crushed granite pathway area.

2.2.4. The Successful Respondent shall excavate two inches (2") deep and twelve inches (12") wide along curves and sidewalks to prevent gravel from spilling over edges.

2.2.5. The Successful Respondent shall string trim the existing tree suckers under the oak trees. Remove all existing green steel edging.

2.2.6. The Successful Respondent shall remove the existing black mulch from the westside beds along the sidewalk and haul off site.

2.2.7. Asian jasmine beds to remain.

2.2.8. The Successful Respondent shall install Silver Juniper, Red Yucca, and Yellow Lantana.

2.2.9. The Successful Respondent shall add and amend soil in planting areas and install fertilizer tablets in planting holes.

2.2.10. The Successful Respondent shall install brown steel edging and install landscape fabric and stakes under all gravel (Do NOT install landscape fabric under the mulch).

2.2.11. The Successful Respondent shall install three inches (3") depth hardwood brown mulch, three inches (3") depth granite gravel and four inches (4") depth washed river rock.

2.2.12. The Successful Respondent shall make adjustments to existing sprayers to ensure new plants get adequate water for establishment and revamp existing system to verify coverage.

ARTICLE III. GENERAL INFORMATION

3.1. TERMS AND CONDITIONS

The Terms and Conditions identified in the Solicitation Attachment 1 – TWC Terms & Conditions are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2. CONTRACT AWARD

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD and sent to all Respondents immediately following execution of the Contract.

3.3. CONTRACT EXECUTION

If, for any reason, a Contract cannot be executed with a Respondent selected for award within Thirty 30 days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

3.4. CONTRACT TERM

The Contract Term will commence on the fully executed Contract date and expire 60 days after project start date .

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1- TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one year.

3.5. CONTRACT AMENDMENTS

The Contract may be amended only by written agreement signed by both the Successful Respondent and TWC.

3.6. NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.7. GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Proposal is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.8. OFFER PERIOD

Proposals shall be binding for a period of one hundred and eighty days (180) after the submission due date. A Respondent may extend the time for which its Proposal will be honored. Upon Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.9. COSTS INCURRED

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Proposals, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

3.10. PUBLIC INFORMATION ACT - RESPONDENT PROPOSAL

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 - Terms & Conditions, Section 2.4.

If Respondent asserts that information provided in its Proposal is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two separate, searchable Portable Document Format (PDF) copies (Original Proposal and “Public Information Act Copy,” including attachments, of the Original Proposal) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

a. Mark Original Proposal:

1. Mark the top of the front page with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

2. Mark the bottom of each page that contains information that Respondent claims is exempt from public disclosure with the words

“CONTAINS CONFIDENTIAL INFORMATION”;

3. Identify, adjacent to each portion of the Proposal that Respondent claims is exempt from public disclosure, the claimed exemption from disclosure. Vague and general claims to confidentiality will not be acceptable (NOTE: no redactions are to be made in the Original Proposal);

b. Mark a separate Public Information Act Copy of Proposal:

1. Mark the copy at the top of the front page with “Public Information Act Copy” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

2. Each portion Respondent claims is exempt from public disclosure must be redacted (blacked out); and

3. Identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required by this subsection (b) must be identical to the redactions identified in subsection (a)(3), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the Proposal will be redactions, which can only be made in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

Respondent should not submit a Public Information Act Copy indicating that the entire Proposal is exempt from disclosure. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and this blanket claim will not be considered by TWC.

A Proposal should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its response, by submitting a Proposal, Respondent agrees to reproduction and posting on public websites by the State of Texas, including all other state agencies, without cost or liability and, additionally, agrees to allow the State of Texas to provide a copy of the Proposal to individuals making a Public Information Act request for the response.

TWC may, in its sole discretion (1) disqualify all Respondents that fail to fully comply with the requirements set forth in this section, or

(2) offer all Respondents that fail to fully comply with the requirements set forth in this section additional time to comply.

Submitting partial or incomplete information that suggests inclusion of confidential information constitutes failure to comply with the requirements set forth in this section.

3.11. PUBLIC INFORMATION ACT – CONTRACT AWARD

Within five (5) days from Contract execution, the Successful Respondent must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

b. Each portion Successful Respondent claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Proposal as required in Section 3.10.(a)(2) above.

The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

3.12. RESPONDENT WAIVER – INTELLECTUAL PROPERTY

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF

TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE

STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR ANY

MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.13. SANCTIONS AND REMEDIES

3.13.1. General

The sanctions and remedies will be referred to as “Sanctions.”

3.13.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of sanctions. The Successful Respondent must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable.

3.13.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.13.4. Failure to Notify TWC of a Change of Ownership or Control or Change in Financial Condition.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required in Sections 3.18 (Change in Ownership) and 6.9.2 (Change in Financial Condition-Duty to Notify) may result in the Successful

Respondent being assessed sanctions in the amount of ONE HUNDRED DOLLARS $100 per incident.

3.13.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 - Terms and Conditions, Section 2.3 may result in the Successful Respondent being assessed sanctions in the amount of $100 dollars per incident.

3.13.6. Failure to Produce Records or Information as part of

Background Investigation.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 - Terms & Conditions, Section

2.31 may result in the Successful Respondent being assessed Sanctions in the amount $500 dollars per day for each day the records/information are not produced, or answers are not provided.

3.13.7. Failure to Produce Records or Information as part of an Audit.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 - Terms & Conditions, Sections 2.15-2.17 or requested pursuant to Attachment 1 - Terms & Conditions, Section

2.39 may result in the Successful Respondent being assessed Sanctions in the amount of $500 per day for each day the records/information are not produced, or answers are not provided.

3.14. CHANGES IN OWNERSHIP

The Proposal must include a certification that the entity is not for sale or to become acquired by another business entity during the twelve (12) months following the Submission Deadline.

During the term of the Contract or any extension or renewal thereof, the Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as possible, but no later than thirty (30) days prior to its occurrence.

3.15. SEVERABILITY.

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.16. FRANCHISE TAX – RIGHT TO TRANSACT BUSINESS IN TEXAS

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

ARTICLE IV. PROPOSAL PROCESS

4.1. INQUIRIES

4.1.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation must be made in writing to PHS, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

Rachel Dean, CTCD, CTCM VendorProposals@TWC.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential Respondent and Respondent that has submitted a Proposal is prohibited from any communication with TWC regarding the Solicitation.

Unless allowable, TWC, its representative(s), and partners will not answer https://comptroller.texas.gov/taxes/franchise/ mailto:VendorProposals@TWC.texas.gov any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries).

Failure to comply with these restrictions may result in disqualification of Respondent's Proposal. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Questions or Requests for Clarification

TWC will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted by e-mail to the Sole Point of Contact (Section 4.1.1) by the deadline established in Section 1.3 (Schedule of Events). Include the Solicitation section and page number to which each question applies. TWC will post all Questions & Answers and, if appropriate, an Amended Solicitation will be posted to the ESBD by the deadline established in Section 1.3 (Schedule of Events).

Responses to questions or other written requests for clarification will not be provided individually to prospective Respondents submitting questions.

TWC reserves the right to amend answers previously posted prior to the Proposal deadline identified in Section 1.3 (Schedule of Events).

Amended answers will be posted on the ESBD. It is the Respondent’s responsibility to check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Section 1.3 (Schedule of Events) may be reviewed by TWC but may not be answered. Only TWC's written answers posted on ESBD to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

4.2. PROPOSAL COMPOSITION

4.2.1 General Information

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Proposals will not be considered.

The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities.

4.2.2 Proposal Format

The Proposal submitted in response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana, or Arial, font size 12 pt., with one (1) inch margins and 1.5 line spacing; the sole 12-point font size exception is no less than size 10 pt. for tables, graphs, and appendices.

4.2.3 Proposal Signature

Respondent’s authorized representative must sign on all exhibits and forms requiring a signature. A Proposal without the required signatures is not responsive to the Solicitation and will be disqualified. Unsigned Proposals will not be evaluated; these Proposals will be kept with the procurement file and not be returned to the Respondent.

4.2.4 Discrepancies

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to potentially disqualify a Proposal. If Respondent fails to designate an “Original” Proposal as required by Section 4.4.2 (Submission Method), TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Proposal. If the Respondent submits a redacted Proposal as the “Original,” TWC will disqualify the Proposal and it will not be evaluated. TWC will not accept submissions after the “Deadline for Submission of Proposals” in Section 1.3 (Schedule of Events) to remedy discrepancies or variations in Proposal submissions.

4.2.5 Exceptions

Each Respondent is highly encouraged, in lieu of including exceptions in a Proposal, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 4.1.3 (Questions or Requests for Clarification).

Any exception included in a Proposal may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Proposal, Respondent is required to use Form 1 - Execution of Response of this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration. Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1- Execution of Response.

No exception, nor any other term, condition, or provision in a Proposal that differs from or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by TWC.

Any exceptions or deviations by the Respondent to Attachment 1 - Terms & Conditions may make the response unacceptable for award without discussion. If a Respondent proposes exceptions to the Terms &

Conditions, TWC may make an award without discussion to another Respondent that did not propose exceptions to the Terms & Conditions.

4.2.6 Binding Offer

A Proposal should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Proposals constitute binding offers. Any Proposal that includes any type of disclaimer or other statement indicating that the Proposal, or any portion of the Proposal, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.3.5 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

4.3. PROPOSAL SUBMISSION AND DELIVERY

4.3.1 Deadline

Proposals must be received by PHS as prescribed no later than the date and time specified in Section 1.3 (Schedule of Events).

Proposals received after the deadline specified in Section 1.3 (Schedule of Events) will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Proposals emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.3.2 Submission Method

Respondent shall submit the following via email to VendorProposals@twc.texas.gov

a. One file named “Original” that contains the Respondent’s entire Proposal (except the cost proposal and HSP (if applicable)) in mailto:VendorProposals@twc.texas.gov searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

b. If applicable in accordance with Section 3.11, (Public Information Act – Respondent Proposal), one file named “Public Information Act Copy” that contains the Respondent’s entire Proposal, including all exhibits and attachments, in searchable PDF.

c. In accordance with Section 6.2, (Cost Proposal), one file named “Cost Proposal” that contains the Respondent’s Cost Proposal in the format included in Form 2-Cost Proposal.

Example: Trinity Landscape Services, 3202600118, 09/15/2021 2:00 PM CT, Email 1 of XX.

TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software. To confirm receipt of all electronic submissions, Respondent should request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and deliver the Proposal to VendorProposals@twc.texas.gov by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. In no event will TWC be responsible or liable for any delay or error in delivery. Proposals must be RECEIVED by TWC by the Proposal Deadline identified in Section 1.3 (Schedule of Events).

4.3.3 Ownership of Proposals

All materials submitted by a Respondent will become the property of TWC and may be used as TWC deems appropriate. A Proposal becomes the mailto:VendorProposals@twc.texas.gov property of TWC after submission and will not be returned to the Respondent.

4.3.4 Modifications and Withdrawals

Prior to the Proposal submission deadline in Section 1.3 (Schedule of Events), Respondent may: (1) withdraw its Proposal by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact); or (2) modify its Proposal by submitting a written amendment to the Sole Point of Contact identified in Section

4.1.1 (Sole Point of Contact). When amending its Proposal, Respondent must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

4.4. ADDITIONAL INFORMATION

By submitting a Proposal, the Respondent grants TWC the right to obtain any information from any lawful source, including the Comptroller’s VPTS, regarding the past history, practices, conduct, ability, and eligibility of the Respondent to supply goods and/or services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability and eligibility of any director, officer, or key employee of the Respondent. By submitting a Proposal, the Respondent releases from liability and waives all claims against any party providing information about the Respondent at the request of TWC.

TWC may contact references provided in response to this Solicitation. TWC may contact Respondent’s clients or solicit information from any available source, including the Comptroller’s VPTS.

Any information received may be grounds for disqualification if that information, in TWC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.5. AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the Solicitation in the manner and by the deadline described in Section 4.1.3 (Questions or Requests for Clarification).

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Respondent:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Submits a Proposal at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.6. CHANGES, MODIFICATIONS, AND CANCELLATION OF SOLICITATION

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Respondent’s written inquiries or otherwise, and cancellation notices on the ESBD.

ARTICLE V. PROPOSAL EVALUATION AND

AWARD PROCESS

5.1. WRITTEN PROPOSAL EVALUATION

Each member of the evaluation team will read the Proposals in preparation for evaluation. The evaluation team will score all Proposals that pass initial screening (Section 5.4, Initial Compliance Screening), even if there is only one viable Proposal. Proposals will be scored against the criteria in Section 5.6 (Written Proposal Evaluation Criteria).

Proposals will be evaluated utilizing aggregated individual scoring outlined in this Article (Article V, Proposal Evaluation and Award Process). The individual evaluators’ scores will be aggregated and weighted, resulting in the Final Written Response Scores, unless BAFOs are conducted.

5.2. CONFORMANCE WITH STATE LAW

Proposals shall be evaluated in accordance with Texas Government Code § 2155.074(b). TWC shall not be obligated to select the lowest priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

5.3. EVALUATION PROCESS OVERVIEW

Proposals that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Proposal. The evaluators will review the Proposals considering the criteria listed in Section 5.6 (Written Proposal Evaluation Criteria).

Evaluators will individually score the Proposals. Oral Presentations or Site Visits may also be used to make a selection for Contract award, as outlined in this section.

5.4. INITIAL COMPLIANCE SCREENING

TWC will review Proposals for compliance with the responsiveness (see Attachment 3 (Proposal Submission Checklist) for a list of required information) and for demonstrated ability to meet the Minimum Qualifications (Section 5.5) required to advance to evaluations. Failure to meet the Minimum Qualifications (Section 5.5) will result in the disqualification of the Proposal.

TWC will automatically disqualify any Proposal that does not include one or more of the completed and signed (as applicable) documents listed in Attachment 3 (Proposal Submission Checklist).

All Proposals will be screened for inclusion of all required information prior to release to the evaluation team. TWC may exclude from further consideration for selection any non-responsive Proposal or portion of a Proposal.

5.5. MINIMUM QUALIFICATIONS

A Respondent must meet the minimum qualifications listed below.

Respondents that do not meet the minimum qualifications listed below will be disqualified from consideration.

a. Respondent must currently hold an Irrigation Technician (IT) License issued by the Texas Commission of Environmental Quality (TCEQ).;

b. Respondent must have recently been in business for a minimum of 5 years, or the principals/owners must have had landscape design experience within the last five years in a previous company that provided landscape design services;

c. Respondent must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 6.6 (Financial Information), if applicable;

d. Respondent has submitted the Proposal in accordance with Section 4.3, (Proposal Submission and Delivery). See also the voluntary Proposal Submission Checklist at Attachment 3.

Respondent who receives an overall score on the VPTS of ”D” or below shall be disqualified from consideration for award.

5.6. WRITTEN PROPOSAL EVALUATION CRITERIA

TWC shall consistently evaluate and score Proposals in accordance with the following criteria. See also Attachment 2 – Evaluation Scoring Matrix.

Evaluation Criteria Weight

a. Cost/Reasonableness of Cost 40

Evaluation Criteria Weight

b. Respondent’s 3 Past Project Performance (each project is worth 10 points max.)

c. Technical Approach/Project Work Plan

d. Irrigation Technician (IT) License Pass/Fail

e. Financial Questionnaire Pass/Fail

f. Execution of Response Pass/Fail Total 100

a. Cost /Price or Reasonableness of Price (40%)

b. Past Project Performance, Qualifications, and Experience (30)

The content to be included on Form 3 - Past Project Performance Sheet is described in Section 6.5 Past Project Performance below.

c. Respondent’s Technical Approach, Proposed Work/Project Plan for Providing the Requested Goods and/or Services (30%)

The content to be included in the Project Work Plan is described in Section 6.1.2. Technical Approach/Project Work Plan.

d. The qualifications of the Respondent’s key personnel.

e. Respondent must currently hold an Irrigation Technician (IT) License issued by the Texas Commission of Environmental Quality (TCEQ)

f. Financial Questionnaire

Respondent must submit Form 4 - Financial Questionnaire, which will be reviewed during the minimal qualifications and is a pass/fail criteria.

g. Execution of Response

Respondent must submit a signed Form 1 – Execution of Response, which will be reviewed during the minimal qualifications and is a pass/fail criteria.

5.7. BEST AND FINAL OFFER (BAFO)

TWC may, at its sole discretion, following the execution of Section 5.1 (Written Proposal Evaluation), request BAFOs from all Respondents or, only those Respondents whose Proposals meet the Advancement Criteria (Section 5.11). The request for a BAFO will allow a Respondent the opportunity to revise its original Proposal, including pricing, or leave its Proposal as originally submitted. Revisions must be submitted in the manner and form prescribed by the BAFO request. Requests will be sent to the point of contact provided by the Respondent. TWC is not responsible for a Respondent’s failure to timely receive the BAFO request.

A Respondent should provide its best offer in its original Proposal.

Respondents should not expect or assume that TWC will request a BAFO.

TWC reserves the right to request more than one BAFO from each of the selected Respondents; however, multiple, successive Proposals are not envisioned since a BAFO is intended to be a “best and final offer.” If a response is submitted to a request for a BAFO, the Final Written Response Scores or Total Score, as outlined by Section 5.8 Final Written Response Score and Total Score) will be revised in accordance with the stated criteria in Section 5.6 (Written Response Evaluation Criteria) as to any changes made to the Respondent’s original Proposal. A request for a BAFO does not guarantee an award or further negotiations.

If a BAFO is requested by TWC and submitted by the Respondent, it will be evaluated based on the criteria listed in Section 5.6 (Written Response Evaluation Criteria), rescored, and ranked by the evaluation committee.

The award will then be granted to the highest scored Respondent.

5.8. FINAL WRITTEN RESPONSE SCORE AND TOTAL SCORE

A Respondent’s Final Written Response Score is the score from the Written Proposal Evaluation (Section 5.1). If a BAFO is requested, the Final

Written Response Score may be adjusted in accordance with Section 5.7 (Best and Final Offer (BAFO). Final Written Response Score may not always determine best value or selection for negotiation and award. See Summary of Best Value Determination (Section 5.9) for more information.

5.9. SUMMARY OF BEST VALUE DETERMINATION

The final selection for award will be based on best value, as determined by this section. This includes, but is not limited to, any scoring adjustments for outliers, Best and Final Offers, Oral Presentations, Site Visits, or other additional considerations as specified by this Solicitation. A Respondent is encouraged to thoroughly review the processes outlined in this section (Section 5), as it documents the best value considerations to be made by TWC in selecting a Respondent for negotiation and Contract award.

5.10. QUESTIONS OR REQUESTS FOR CLARIFICATION

By submitting a Proposal, Respondent grants TWC the right to ask questions and request clarification. As part of the initial evaluation, the evaluation committee may request clarification. Clarifying questions to a Respondent are to resolve conflicting information, apparent ambiguities, or minor clerical errors within the Proposal.

5.11. ADVANCEMENT CRITERIA

After the written Proposal evaluation, Respondent may be selected for invitation to Additional Evaluation Activities that may include one or more of the following: Oral Presentations, Clarifications, Technical Discussions, Proof of Concept, Demonstration, and Site Visits. Advancement will be determined by the Competitive Range.

The Competitive Range will consist of the Proposals that receive the highest scores, or most satisfactory ratings based on the published evaluation criteria and procedures governing this procurement. Cutoff for the Competitive Range will be based on the “natural break” in scores and on reasoned judgment that Proposals below the cutoff cannot be made successful through clarification and negotiation. By way of example, in a scenario where initial evaluation scores are 97, 93, 82, 81, 79 and 68, the Competitive Range may include only the top two Respondents. TWC is not obligated to enforce a natural break in scores and reserves the right to advance as many or as few Proposals as qualified under these criteria.

A Respondent that does not meet the Advancement Criteria in this Section will not be asked to Additional Evaluation Activities. Their Final Written Response Score will be considered their Total Score, and the Respondent may not be further considered for Contract award.

To further identify the Respondent providing the best value, Respondents selected for Additional Evaluation Activities will be the final group of Respondents eligible for award. Additional Evaluation Activities will allow for revised points for the Respondent’s Final Written Response Score to replace the original Technical Score. This will be the Final Written Response Score with any adjusted points received, if applicable.

TWC may require Additional Evaluation Activities from any or all Respondents to make a determination for award recommendation.

Information from the Additional Evaluation Activities will be used in addition to the scoring of the criteria in Section 5.6 (Written Proposal Evaluation Criteria). TWC will provide Respondents with advance notice of any such Additional Evaluation Activities. Advance notice will include an agenda and specific scenarios or use cases for each category or criteria listed in this Section. Respondents will be responsible for their own presentation equipment. Failure to participate in the requested Advanced Evaluation Activities may eliminate a Respondent from further consideration. TWC is not responsible for any costs incurred by the Respondent in preparation for any Additional Evaluation Activities. All costs incurred by Respondent are the responsibility of Respondent.

ARTICLE VI. REQUIRED PROPOSAL

INFORMATION

6.1. NARRATIVE PROPOSAL

6.1.1. Executive Summary

Respondent must provide an Executive Summary of their Proposal (excluding cost information) that asserts the Respondent is providing, in its Proposal, all the requirements of this Solicitation, including Article II, Scope of Work. The Executive Summary must demonstrate Respondent’s understanding of TWC goals and objectives for this Solicitation.

If the Respondent is providing goods and/or services beyond those specifically requested, those goods and/or services must be identified. If the Respondent is offering goods and/or services that do not meet the specific requirements of this Solicitation, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the Executive Summary. The Respondent should realize, however, that failure to provide the goods and/or services specifically requested may result in disqualification.

6.1.2 Technical Approach/Project Work Plan

Respondent must describe the proposed processes and methodologies for providing all components of the Scope of Work described in Article II, Scope of Work, including its approach to meeting the project schedule.

Respondent should identify all tasks to be performed, including all project activities, materials and other products, services, and reports to be generated during the Contract period and relate them to the stated purpose(s) and specifications described in this Solicitation.

6.1.3 Key Personnel

Respondent must discuss and provide information for the individual who will be responsible for overseeing the day-to-day performance and services. Provide staffing profiles and resumes for all key personnel who will be assigned to the TWC Contract that demonstrates their ability to perform the services specified in the RFP.

6.2. COST PROPOSAL

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Proposal of this Solicitation.

Respondent must state pricing for all goods and/or services rendered during the course of any Contract resulting from this Solicitation, including any and all costs involved that are to be paid or reimbursed by TWC during the initial contract period and any renewal or extension periods.