TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: 02/20/2026

Type of Solicitation: Request for Proposals (RFP)

Name of Solicitation: Big Bend PM2.5

Solicitation Number: 582-27-00007

Class 926 Item 14 Class 926 Item 15 Class 926 Item 93

Responses Due

March 23, 2026, at 3:00 PM Central Time

Pre-Proposal Conference

February 27, 2026, at 9:30 AM Central Time.

Pre-Proposal Conferences are held virtually, using Microsoft Teams Town Hall. See Page 6 for further details.

The link for the Pre-Proposal Conference is provided below:

Pre-Proposal Conference

Pre-Proposal Conference is not mandatory.

Deadline for Submission of Questions

March 4, 2026, at 3:00 PM Central Time

Anticipated TCEQ reply to Vendor Questions (This date is only an estimate):

March 11, 2026

Description:

Texa s Commission on Environmental Quality (TCEQ) seeks to contract services to operate and maintain the air monitoring station in Big Bend National Park, Texas.

Historically Underutilized Business (HUB)/ Veteran Heroes United in Business (VetHUB) Subcontracting Plan Note: Subcontracting opportunities have been identified. See information regarding the HUB program and completing the HUB

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Page 1 of 83 RFP: 582-27-00007 Big Bend PM2.5 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmY5YmQ4NzUtZjVlNC00NjEyLWFkM2MtMWIzMmJhMWRlZWQ0%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%2230f2ac8d-f3ef-4aab-a15c-d502cbfc4fc2%22%7d

Subcontract Plan in the Responder General Instructions and in the HUB Subcontracting Plan form in Section 4 of this Solicitation

PURCHASING AUTHORITY:

• Scientific & Technical Environmental Services (RFP) Texas Water Code Section 5.2291, Gov’t Code Section 2254.003

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SOLICITATION TABLE OF CONTENTS

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This Solicitation

• Response Submission Procedure

• Responder General Instructions

• FTPS User’s Quick Guide for Solicitations

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Executive Summary o Demonstrated Ability to Perform Contract o References o Commitment of Qualified Personnel o Technical Approach o Cost to Perform the Service (Price)

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Federal Conditions and Forms

• Special Terms and Conditions

• General Terms and Conditions

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachment A: Release of Claims

SECTION 4: Response Documents – To be submitted with Response, unless otherwise noted below

• Responder’s Signature and Information

• Response Contents (not submitted as part of Response)

• Signed Cover Pages of Addenda

• Executive Summary

• Demonstrated Ability to Perform Contract

• References

• Commitment of Qualified Personnel

• Technical Approach

• Cost to Perform the Service (Price Form)

• Preferences

• Federal Forms

• HUB Subcontracting Plan Forms

• Certifications (not submitted as part of Response)

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TCEQ POINTS OF CONTACT FOR THIS SOLICITATION

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Yvette Owens Telephone: (512) 239-5715 Email: Yvette.Owens@tceq.texas.gov

Secondary Contact

Name: Demetria Avery Telephone: (512) 239-0368 Email: Demetria.Avery@tceq.texas.gov

Please allow one business day before contacting the secondary contact.

Exception: If there is less than 24 hours before a solicitation deadline, you may contact the secondary contact after attempting to contact the primary contact.

Except for contacting the VetHUB Coordinator, all communication regarding this solicitation must be directed to the TCEQ Procurements and Contracts Representative. If this requirement is not met, then the Response may be disqualified.

Email for Vendor Questions: Procurements&Contracts@tceq.texas.gov

TCEQ VetHUB Coordinator

Name: Claribel Diaz Email: Claribel.Diaz@tceq.texas.gov

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RESPONSE SUBMISSION PROCEDURE

via TCEQ’s File Transfer Protocol Secure (FTPS) Server

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file.

Responses to the Solicitation may only be submitted to TCEQ’s FTPS server. The email address is listed below.

Responder must:

a. Upload the file(s) to TCEQ’s FTPS site,

b. Select the file(s) and click the “Share” button. Note: Press the Share button to share files, not the Share- or the Share√ buttons.

c. Enter esbd-response@tceq.texas.gov as the email address. Click "Add" and then “OK.” Click OK again to confirm the file share.

d. A “Notify Recipients” message will appear. Add the Solicitation Number, Solicitation Name, and the Due Date for Responses before the text in the box that says, “One or more files have been shared…” and send the message.

For instructions for using TCEQ’s FTPS Server, please visit:

FTPS User’s Quick Guide for Solicitations (https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx)

The FTPS User’s Quick Guide is also attached below (after Instructions).

For more detailed directions for using TCEQ’s FTPS Server, please visit:

TCEQ FTPS Help Page (https://ftps.tceq.texas.gov/help/)

Please note: Responses uploaded to TCEQ’s FTPS server without completing the share file(s) steps will not be considered submitted.

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RESPONDER GENERAL INSTRUCTIONS

The terms response and proposal are used interchangeably to mean the submission by the Responder to this Solicitation.

Pre-Proposal Conference

Pre-Proposal Conference will be held virtually (no physical location). The date and time are listed on the Cover Page of this Solicitation.

Participants can join the Microsoft Teams Town Hall event for this conference by following the link on the Cover Page. Participants will be asked to either download the Windows application or view the presentation on the web.

Any scheduling changes to the Pre-Proposal Conference made after the posting of this Solicitation will be announced in an addendum posted on the Electronic State Business Daily (ESBD) link https://www.txsmartbuy.gov/esbd.

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page. Questions must be submitted to the following email address: Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email: Solicitation Number, Solicitation Name, and the Due Date for Responses.

TCEQ will provide answers to questions in one or more addenda posted on the ESBD. TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

Any changes to the Solicitation, deadline/due dates, and all responses to questions will be posted as addenda on the ESBD. All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding. It is Responder’s responsibility to review all addenda.

Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the deduction of points in the evaluation or disqualification of the Response. Requested changes to the terms and conditions must be labeled and included behind Tab 9.

Cost of Preparing the Response

The Responder is responsible for all costs incurred in the preparation and submission of a Response.

Quantity and Nature of the Work

Responders are required to inform themselves of all conditions which may affect the performance or the prices. By submitting a Response, Responder expressly waives any claims that there was a misunderstanding concerning the quantities or the nature of the Work.

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HUB Subcontracting Plan (HSP)

This Solicitation requires a HUB Subcontracting Plan for any contracted staffing, services, materials, supplies, or any other portions of work. Failure to comply with the HUB requirements and submit a complete HSP will result in rejection of the Response.

The HUB Subcontracting Plan (HSP) forms and additional information about the VetHUB program are found at the Texas Comptroller’s website:

(https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

Responders are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinator, listed under TCEQ Points of Contact for this Solicitation.

You may also request an HSP courtesy review from the TCEQ VetHUB Coordinator.

Requests for HSP courtesy reviews must be made well in advance of the Response due date. HSP assistance may depend upon the staff availability and resources.

Responders understand that if awarded a Contract, the HSP becomes part of the Contract terms, and any changes to the HSP must first be reviewed and approved by TCEQ to ensure the good faith effort requirements found in 34 Texas Administrative Code §20.285 were followed. This includes subcontracting for any contracted staffing, services, materials, and/or supplies with a subcontractor not listed on the approved HSP.

Preparation of Responses

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses.

Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected. In order for the Response to be deemed responsive, the electronic version must contain the entire Response.

Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

• Obtain any missing applicable forms from TCEQ with sufficient time to complete and submit them in the Response.

• Complete the applicable, required forms in this Solicitation.

• Create any other applicable documents.

• Insert all applicable documents behind cover pages for the specified tabbed sections. If there is no information to include behind a tab, include a page behind the cover page for the tab stating “Not Applicable”.

• All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Any maps may be submitted to allow for printing on 11-inch X 17-inch paper. Standard font size for the Response shall be 10 to 12

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Page 7 of 83 RFP: 582-27-00007 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php point. Charts and maps may use smaller font size, but not less than 8 point.

Language shall be American English.

• If page limits are specified, any information provided by the Responder in excess of the allowable page limits will not be evaluated.

• Each page of the Response shall be labeled with the Responder’s name and the Solicitation number.

• Sign all documents that require a signature, including the Response on the Responder’s Signature and Information page. Create a PDF of each signed document and place behind the required tab. Responses not containing a PDF of a signed Responder’s Signature and Information Page may not be considered.

• Create a PDF of the entire Response for email submission to TCEQ.

Submission of Responses

• Submit the Response by the due date and time on the Cover Page using FTPS, as specified under Submission Procedures section. TCEQ will not consider Responses submitted via any other method.

• If the Response lacks required information or does not follow these instructions, the Response may be considered non-responsive and disqualified.

TCEQ is not responsible for documents that cannot be read. Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

• Responses cannot be altered, amended, or withdrawn after the Due Date and Time. To withdraw a Response prior to the Due Date and Time, the Responder must submit the request to: Procurements&Contracts@tceq.texas.gov.

Due Date/Late Responses

It is Responder’s responsibility to ensure timely delivery of the Response to TCEQ by the date and time on the Cover Page of this Solicitation. Except under extreme circumstances beyond the control of the Responder, late Responses will not be considered.

TCEQ’s Acceptance of Responses

TCEQ may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TCEQ may accept or reject all or any part of any Response, waive procedures for submitting Responses, waive formalities and/or minor technicalities, and award by item or groups of items, whichever best serves the interests of TCEQ. TCEQ may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TCEQ. TCEQ shall have sole discretion of what is in the best interests of TCEQ.

Evaluation

The pricing and all terms and conditions of Responses are fixed for 120 days from receipt by TCEQ. Best and Final Offers (BAFOs), if requested by TCEQ, are fixed for 60 days. To determine the most advantageous Response, in addition to price, TCEQ may consider other relevant criteria, which are described more fully in Section 2, Evaluation Criteria. TCEQ may use information regarding the Responder’s performance on past TCEQ contracts in the evaluation of qualifications. In addition, TEXAS COMMISSION ON

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TCEQ will use the information contained in the Texas Comptroller of Public Account’s vendor performance tracking system in the evaluation of qualifications.

Selection

Depending on the applicable procurement method and solicitation type, in order to secure the best value for the State, TCEQ may take one or more of the following actions in the selection process:

• Accept the highest scoring Response without changes.

• Request clarifications, assurances, and corrections.

• Modify the selection criteria and apply it to BAFOs, provided that the modifications do not materially affect initial applicant eligibility or invitation to submit a BAFO. Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs).

• Select the highest scoring BAFO and accept it without changes or negotiate acceptable terms.

• Award one or more contracts based on the amount of work that TCEQ foresees needing performed.

• Award contracts to other contractors at a later date under this Solicitation or through another appropriate method, including another solicitation.

• In the case of a tie that cannot be resolved by application of one or more statutory preferences, make a selection, in the best interest of the State, by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tiebreaking activity.

Certification of Interested Parties

Section 2252.908 of the Texas Government Code states that a state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the state agency at the time the business entity submits the signed contract to the state agency. The contract is voidable if the business entity fails to provide the disclosure of interested parties as required by statute.

Form 1295 must be filed electronically through the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/ . The web site includes a list of Frequently Asked Questions.

The selected vendor(s) for a contract that meet the requirements to provide a Certification of Interested Parties will be given instructions at the time of award on how to submit the certification form.

Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts. TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

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Public Information

The Response is a public record. By signing and submitting a Response, Responder hereby acknowledges:

• That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA);

• That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TCEQ may in its sole discretions deem a Response as non-compliant; and

• That Responder grants a royalty-free, irrevocable, world-wide, perpetual license to reproduce any copyrighted portions of the Response and subsequent documents to comply with LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

Conflict of Interest

Responder shall disclose apparent, potential or actual conflicts of interest known with the Response in Tab 9. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded a contract, during the Contract Period. TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

(End of Responder General Instructions)

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FTPS USER’S QUICK GUIDE FOR SOLICITATIONS

How to Create an Account

1. Enter https://ftps.tceq.texas.gov/ut.php into your web browser.

Note: it is important to use the same computer when creating an account and when accessing emails from the FTPS system.

2. Click on the “Sign up a new account” button.

3. Enter a name (company name, for example) and an email address. These two fields are required to be completed. Click the Submit button when done.

4. A confirmation box will appear with additional information. Click the OK button.

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5. Check for an email from ftp_account@tceq.texas.gov. To set up your password for your account, click on the link in the email. This will take you back to the FTPS site.

6. Set your password, then click the “Reset Password” button.

7. A box appears, confirming that your password has been reset. Click “OK”.

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How to Use FTPS to Upload Documents

1. Enter https://ftps.tceq.texas.gov into your web browser.

2. Enter your Username and Password. Click “Login”.

3. Click on the “Upload Files” button at the bottom of the screen.

4. From your computer, find and click on the file or files you want to upload. You can upload multiple files at one time.

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5. The uploaded file(s) will now appear in the list. Place a check in the box beside the file or files to be shared. Once the files are selected, click the “Share” button.

6. In the pop-up “Share Files” box, enter esbd-response@tceq.texas.gov in the email address box and click the “Add” button. Confirm the correct email address was entered, and then click the “OK” button.

7. Another confirmation screen appears, displaying the file or files that have been uploaded and the email address. Click the “OK” button.

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8. IMPORTANT: The “Notify Recipients” box appears with pre-filled text.

Insert the solicitation number and name in front of the pre-filled text. The text in the red box, below, is an example. Click the “OK” button.

9. A confirmation that the email was sent appears. Click the “OK” button.

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10. You will be returned to the Home page. Click the “Logout” button in the top right corner.

-End-

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SECTION 2:

SCOPE OF WORK AND EVALUATION CRITERIA

ENVIRONMENTAL QUALITY

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SCOPE OF WORK

I. FACTS/PURPOSE

The Contractor will operate and maintain the air monitoring station in Big Bend National Park, Texas, listed below in Table I.A in accordance with 40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas Commission on Environmental Quality (TCEQ) quality assurance project plans (QAPPs) pertaining to the State or Local Air Monitoring Stations (SLAMS) network, Particulate Matter of 2.5 Micrometers or Less (PM2.5) program and the Photochemical Assessment Monitoring Station (PAMS) networks, equipment standard operating procedures (SOPs), and the Preventive Maintenance Instructions (PMI) Manual. This documentation is available upon request.

Air monitoring stations are subject to relocation and sampler changes (including changes in sampling frequency). In the event of site relocation, the Contractor will be notified 30 calendar days prior to relocation. The Contractor will operate similar, additional, or relocated ambient air monitoring equipment as needed and as agreed upon by both parties.

Table I.A lists all parameters and air monitoring stations operated and maintained under this Contract. Additional auxiliary equipment needed for the data collection is not listed.

Table I.A: Equipment

# – number AQS – Air Quality System CAMS – continuous air monitoring station met – meteorological equipment with sensors for monitoring temperature, wind speed, and wind direction PM2.5 – particulate matter of 2.5 micrometers or less in diameter

II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF

A. Provide all air monitoring equipment, parts, audit equipment, gas standards, sample media as required, data collection equipment, and equipment related supplies for the proper operation of the air monitoring station.

B. Provide electricity and modem for data collection at the air monitoring station.

C. Provide shipping labels or shipping account information upon request for the Contractor to ship air monitoring equipment, parts, audit equipment, and equipment related supplies to TCEQ.

D. Provide Contractor staff with individual virtual private network (VPN) access accounts to check the site status remotely and update electronic operator logs through TCEQ’s internal status report webpage during the term of the Contract. Issuance of VPN access accounts to individuals is entirely within the discretion of TCEQ and may be denied and/or revoked with or without

Station Address Equipment Type Operating Schedule

BRAVO Big Bend

AQS# 480430101

CAMS 316

Big Bend National Park, Texas, 79834

PM2.5 continuous monitor continuous met continuous

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E. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Contractor.

F. Provide contact information, troubleshooting, and technical support related to TCEQ air monitoring equipment by phone, email, or on-site visits, during regular business days between the hours of 8:00 AM and 5:00 PM Central Time (CT).

III. CONTRACTOR RESPONSIBILITIES

A. At a minimum, provide one primary operator with at least six months experience with operating, maintaining, and troubleshooting continuous and non- continuous air monitoring instrumentation and one backup site operator with similar experience. These site operators must be electrical/mechanical grade technicians capable of operating, troubleshooting, and performing maintenance on meteorological hardware and electronic monitoring equipment. Staff must be proficient with the use of Volt/Ohm meters, dry gas meters, calibration/audit equipment, and personal computers.

B. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer, ladder, etc.)

C. Designate a project representative who receives communications from TCEQ, manages the work being performed, and acts on behalf of the Contractor as an authorized representative. Participate in regular phone calls with the TCEQ Project Manager. Calls will be scheduled as agreed upon by both parties and documented in writing by the TCEQ Project Manager.

D. Communicate effectively and promptly with TCEQ technical staff to troubleshoot malfunctioning equipment. Address all warnings and failures as soon as detected, or no later than the next business day.

E. At least one operator must be present during all TCEQ assessments or site visits. At least one assessment per year should be expected. More frequent assessments may occur if significant or persistent data quality issues occur.

If the data quality objectives are not met, the Contractor must take corrective action and if requested, produce a corrective action plan by the required deadline.

F. Operate monitoring equipment according to federal regulations, established applicable SOPs, PMIs, QAPPs, and any other guidance documents. This documentation is available upon request.

G. Operate air monitoring equipment according to Table VII.A and ensure the deliverables listed are performed adequately and on time. Document completion and submit deliverables in the manner listed in Table VII.A.

H. Provide laptop to the operator(s) with current version of Windows, Microsoft Office Suite, and other necessary software for an effective operation of the air monitoring station mentioned in Table I.A. Equipment specific software will be provided by TCEQ to be installed by the Contractor.

I. Monitor the site status remotely through the agency’s internal status report webpage using TCEQ-provided VPN access. Ensure individual VPN access accounts remain active. If VPN access is lost, notify the TCEQ Project Manager upon discovery. VPN access accounts are issued to individuals

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Page 20 of 83 RFP: 582-27-00007 annually and must not be shared amongst Contractor’s staff. VPN access accounts issued pursuant to this Contract may only be used to complete TCEQ work.

J. Notify TCEQ through electronic mail of the name and termination date for any personnel who is terminated or removed from work on this Contract, within one business day of the termination date. The Contractor will notify TCEQ through electronic mail of the name of new personnel assigned to work on this Contract within five business days.

K. Reply in writing to all TCEQ requests by set deadlines. Promptly respond to and comply with verbal and written guidance from the TCEQ Project Manager and technical support staff.

L. Document all site activities in the electronic operator log, including but not limited to requirements listed in SOPs, before leaving a site where access to electronic log is available or within two business days where site access to electronic logs is not available.

M. Ensure the certification for all equipment and gas cylinders is current.

Equipment must be sent to TCEQ for verification prior to expiration. Prior approval is required to use any expired equipment or cylinders.

N. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change.

O. Make travel arrangements and cover expenses for staff to attend all requested trainings, competency evaluations, and meetings.

P. Maintain and provide as needed: documentation of shipping expenses, insurance costs (required) whether using the TCEQ account or other, and any additional information necessary to track equipment.

Q. When visiting TCEQ headquarters, all staff must enter through the front of the building, check-in with the security guard, and be escorted by TCEQ staff.

R. Notify the TCEQ Project Manager immediately of any damages due to accident or vandalism. Provide pictures, police reports, and communications to provide remedy within 48 hours of discovery. TCEQ is not responsible for damages due to negligence of the Contractor or its subcontractors. The Contractor must provide adequate replacement for equipment that is lost, stolen, or damaged due to negligence by the Contractor or any subcontractor.

S. Provide arrangements to convey equipment to and from the site to TCEQ employees at mutually agreed upon locations for exchange, delivery, or transfer. The Contractor is responsible for its own fuel, vehicle, and any other expenses associated with the requested conveyance.

T. Upon request by TCEQ, provide guided tours of the monitoring sites, not to exceed four hours per quarter.

U. Complete the Basic Siting Criteria checklist annually and submit a copy to the TCEQ Project Manager by the requested deadline. Notify the TCEQ Project Manager of any non-conformance or obstructions to the monitoring path upon discovery.

V. Complete the CAMS Operator and Safety Checklists monthly and note its completion in the electronic operator log. Maintain a copy on site. Notify the TCEQ Project Manager about any unresolved safety issue and non-conformance upon discovery.

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W. Provide limited logistical support related to relocating or establishing a new air monitoring site. This may include, but is not limited to, assistance with locating a new site, providing access to contractors and utility companies for site construction, and reviewing and documenting site construction activities.

X. Perform transitional services. Given the nature and importance of the services requested under this Contract, TCEQ must maintain uninterrupted services. The Contractor will provide services as needed to assist in the smooth transition of a replacement contractor. Transitional services include, but are not limited to:

a) the Contractor will provide one week of training to the replacement contractor;

b) the Contractor will provide reports, maps, property site contact information, keys, equipment, and other TCEQ property to the replacement contractor upon execution of said future Contract;

c) the Contractor will report to the replacement contractor any pending problems being investigated or for which equipment repair is incomplete;

d) upon request by TCEQ, the Contractor will provide to the replacement contractor access to site trailers, buildings, utilities, or other locked areas;

e) the Contractor will notify the TCEQ Project Manager in writing when the transition of services is complete; and

f) at all times, the Contractor will provide complete cooperation, courtesy, civility, and professionalism when providing transitional services and communicating with the replacement contractor staff.

IV. DESCRIPTION OF DELIVERABLES

The Contractor must operate and maintain the air monitoring station listed in Section I according to all applicable federal regulations and all effective TCEQ QAPPs, SOPs, and PMIs, as well as any additional guidance provided by the TCEQ Project Manager to meet existing, and future, federal and state air monitoring requirements. If there are discrepancies between TCEQ’s SOPs and this Contract, the Contractor must contact the TCEQ Project Manager for clarification and approval. TCEQ documents can be accessed through the TCEQ Rhone page and are also available upon request.

V. ACCEPTANCE CRITERIA

A. The Contractor is required to provide TCEQ at least an 85 percent (%) quarterly data return from all monitors and samplers. If the 85% data return is not achieved, assignable cause must be identified within a week after each month end. Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the Contractor. Neglect of the site is not an assignable cause.

B. Failure to meet 85% quarterly data returns without assignable cause may result in discretionary payment reductions. Considerations for the reduction of payment will consist of evaluation of the Contractor’s performance of required operating procedures, quality control procedures, and effective and timely communication of non-compliance issues. Any payment adjustment

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Page 22 of 83 RFP: 582-27-00007 made under this section is cumulative with all other remedies, and non-compliance issues may require additional corrective action.

C. The parties agree that the following payment reductions represent a reasonable calculation of damages to TCEQ in the event that the Contractor fails to meet the required 85% quarterly data return without an assignable cause.

a. TCEQ may reduce payment to the Contractor for non-compliant quarter by up to 25% of the total amount invoiced.

b. Payment reductions made under this section may not reduce the total amount paid to Contractor for an entire fiscal year by more than 25% of the total amount invoiced. After receipt of the fourth quarter invoice, TCEQ will perform an accounting of all payment reductions and make necessary adjustments to the final payment to ensure that Contractor is paid at least 75% of the total amount invoiced for the fiscal year.

VI. VENDOR PERFORMANCE EVALUATION

Failure to meet Contract deliverables will be noted and documented in the TCEQ Project Manager’s performance evaluation of the Contractor and may determine the continuation of this Contract.

VII. SCHEDULE OF DELIVERABLES

The Contractor must provide the deliverables listed in Table VII.A to TCEQ in accordance with the noted timeframes.

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Table VII.A: Contract Deliverables

Deliverable Equipment Summary of Tasks and Timeframes Submit to:

Data Collection all • Operate all samplers according to applicable Standard Operating Procedures (SOPs) and the U.S. EPA Monitoring Schedule.

• Review continuous data in TCEQ Data Acquisition System (DAS) daily to ensure sampler function.

TCEQ DAS via VPN or through the on-site data logger

Equipment Failure Response all • Respond to equipment warnings, failures, or malfunctions by visiting the site on the same day if feasible, but no later than the next business day.

• Notify TCEQ in writing within one business day of problem resolution.

• Follow TCEQ’s technical advice and instructions without exception when troubleshooting equipment.

• Document all equipment actions and subsequent resolution in the electronic operator log and hardware tracker if applicable.

Project Manager, TCEQ equipment support staff, and TCEQ DAS via VPN

Equipment Failure and Sample Loss Report all • Report equipment failures or malfunctions in writing the same day as discovered. Include symptoms or cause of failure and contact information for the Contractor personnel immediately available to troubleshoot.

• Report in writing within one business day if any continuous monitor fails to collect data for more than 48 consecutive hours or when two consecutive non-continuous samples are missed or invalid. Include reason for data loss and corrective action.

TCEQ equipment support staff, Project Manager, and TCEQ DAS via

VPN

Monthly Verification and Report

PM2.5

continuous

• Perform verifications monthly within first ten business days of the month.

• Perform verification procedures as defined by instrument SOPs.

• Perform calibrations as needed or when a monthly verification fails.

• For each verification, use the latest version of the worksheet.

• Document all verifications in the electronic operator log according to the requirements listed in Section III of this Contract, identifying the sampler, the results, and the date of the verification.

The originator must review the worksheet for accuracy.

• Verification reports must be reviewed by someone other than the originator prior to submission to TCEQ to ensure pm@tceq.texas.gov and Project Manager

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Page 24 of 83 RFP: 582-27-00007 mailto:pm@tceq.texas.gov accuracy. The review must be documented in the worksheet.

• Submit verification report within five business days of completion.

• If corrections are requested by TCEQ, the Contractor will correct and return the worksheet within the requested timeframe.

Quarterly Audit and Report

PM2.5

continuous

• Perform quarterly audits within first ten business days of the quarter. Quarters are defined by instrument SOPs.

• Perform additional audits after instrument repair, modification, or replacement.

• For each audit, use the latest version of the worksheet.

• Document all audits in the electronic operator log according to the requirements listed in Section III of this Contract, identifying the sampler, the results, and the date of the audit. The originator must review the worksheet for accuracy.

• Audit reports must be reviewed by someone other than the originator prior to submission to TCEQ to ensure accuracy. The review must be documented in the worksheet.

• Submit audit reports within five business days of completion.

• If corrections are requested by TCEQ, the Contractor will correct and return the worksheet within the requested timeframe.

pm@tceq.texas.gov and Project Manager

Preventive Maintenance Instruction (PMI) Completion all • Perform all the PMIs mentioned in the equipment SOPs by the set deadlines

• Detailed information of the PMIs can be found on the current version of the PMI Manual located on the Rhone web page at http://rhone/cgi-bin/pmi_docs.pl.

• Perform any future PMIs developed for the equipment listed in Table I.A with TCEQ notification.

• Enter the completion of each PMI, the PMI number, and the date of completion, in the electronic operator log according to the requirements listed in Section III of this Contract.

• Track PMI completion using the TCEQ PMI tracker and submit monthly by the tenth calendar day of the following month.

TCEQ DAS via VPN and Project Manager

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Page 25 of 83 RFP: 582-27-00007 Big Bend PM2.5 mailto:pm@tceq.texas.gov http://rhone/cgi-bin/pmi_docs.pl

On-Site Quality Assurance (QA) and Performance Evaluation (PE) Audits all • Submit completed pre-audit questionnaires by set deadlines.

• At least one site operator responsible for the equipment of interest must be present during the audit.

• If requested, assist TCEQ staff or U.S. EPA auditors on-site during audits and assessments.

• When notified of failures or warnings, troubleshoot and if requested, produce a written response by the deadline.

• If requested, provide a corrective action plan to the final audit report by the set deadline.

TCEQ Data Quality Team and Project Manager

Site Maintenance site • Maintain site free of vegetation higher than six inches and trash or debris.

• Ensure site remains locked and secure when staff are not on-site.

• Obtain written approval from TCEQ to change the site lock or combination and major site modifications prior to the change.

• Record all site maintenance in the electronic operator log according to the requirements listed in Section III of this Contract.

• Complete the Siting Criteria Checklist annually and submit to the TCEQ Project Manager by the requested deadline.

Notify the TCEQ Project Manager of any threats to siting criteria when threats occur, such as the growth of trees or construction of nearby structures.

• Complete the CAMS Operator and Safety Checklists monthly and note its completion in the electronic operator log.

Checklists must be kept at the site either electronically or as a physical copy. The checklists are located on the TCEQ Rhone page.

• Notify the TCEQ Project Manager about any unresolved safety issue and non-conformance or concern on the day of discovery.

Project Manager

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Invoice and Release of Claims Submission all • Submit monthly invoices within 30 days after the close of the calendar month.

• Submit completed Release of Claims form with the final contract invoice.

• Invoice submittal extensions must be requested at least one week before due date.

• If an invoice is rejected, the Contractor must submit a revised invoice by the requested date.

Project Manager and Contract Specialist

Data Completeness Reports all • Track and submit data completeness reports quarterly according to the schedule below:

o September – November due December 31st o December – February due March 31st o March – May due June 30th o June – August due October 30th

• Include description of how data completeness was determined and provide justification for data loss and corrective actions taken.

Project Manager

Inventory Management and Reports all • Document any equipment or gas cylinder replacement or change in the electronic operator log and Hardware Tracker according to the requirements listed in Section III of this Contract.

• Ship inoperable equipment to TCEQ within five business days of replacement.

Coordinate with the TCEQ Project Manager if the equipment cannot be shipped.

• Upon request, promptly assist the Project Manager with maintaining inventory control and with Inventory Management Database (IMD) requests.

• Track and submit quarterly TCEQ asset inventory reports on the following schedule:

o September – November due December 31st o December – February due March 31st o March – May due June 30th o June – August due October 30th

Project Manager

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Documentation of Competency

(DOC)

all • Ensure all site operators successfully complete and maintain all applicable DOCs.

• Site operators must complete and submit a Contractor Competency Evaluation Form (CCEF) to the TCEQ Project Manager for all equipment within 90 days after the effective date of this Contract or deployment of new equipment.

• If an operator is hired after the effective date of this Contract, submit a CCEF for all applicable equipment within six months of the operator’s hire date. The new operator may not work independently until his/her CCEF has been completed.

• Maintain copies of the completed CCEFs and any supporting documentation for a minimum of seven years. Make this documentation available to TCEQ upon request.

Project Manager

Quality Assurance Project Plan

(QAPP)

all • Read all QAPP documents applicable to Contractor’s program and complete QAPP Review Signature Form. Submit the signed form to the TCEQ Project Manager within 30 days of Contract issuance and/ or QAPP revision. The signature form is available upon request from the TCEQ Project Manager.

Project Manager

FOSTAT

Standard Operating Procedures (SOPs) all • Read all applicable FOSTAT SOPs and complete SOP Review Signature Form.

Submit the signed form to the TCEQ Project Manager within ten business days of Contract issuance and/ or SOP effective date. The signature form is available upon request from the TCEQ Project Manager.

Project Manager

AQS – Air Quality System CAMS – continuous air monitoring station DAS – Data Acquisition System FOSTAT – field operations stationary met – meteorological equipment with sensors for monitoring temperature, wind speed, and wind direction PM2.5 – particulate matter of 2.5 micrometers or less in diameter site – trailer, fence, electrical equipment, and site pad, and any encroaching vegetation TCEQ – Texas Commission on Environmental Quality U.S. EPA – United States Environmental Protection Agency VPN – virtual private network

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EVALUATION CRITERIA

Total number of pages for the following, excluding resumes, is 10 pages.

Selection of the successful Responder will be based on the knowledge and experience necessary to perform the tasks listed in the Scope of Work.

The Texas Commission on Environmental Quality (TCEQ) reserves the right to accept or reject all or any part of a response, waive minor technicalities, and award the contract to best serve the interest of the State. The lowest bid may not necessarily be selected. The Responder’s qualifications and their demonstrated ability to comply with the Scope of Work will be important in the award of the contract. Additionally, qualifications will include demonstrated effectiveness in past performance of similar projects, including past performance for TCEQ, other governmental entities, and businesses.

All Responses and Best and Final Offers (BAFOs) will be evaluated on the basis of the Evaluation Criteria in this section. Any Responder who does not provide the documentation necessary to evaluate any one of the items will not receive any credit for that item.

A total of 101 points will be considered on the following items:

1. Executive Summary - 5 points The summary is to provide TCEQ with a broad understanding of the proposal and provide the Responder an opportunity to describe any unique features.

2. Demonstrated Ability to Perform the Contract - 30 points The Responder must provide a brief description of work it has done in the past that is substantially similar to the Scope of Work provided in this solicitation.

For past projects to be evaluated, all relevant information and dates must be included. In addition, include in your statement the aspect of the project that you conducted the best, and the aspect of the project on which you did the poorest job.

3. References - 1 point Each project submitted for evaluation must also include the name, address, and telephone number of the company or governmental entity for whom the project was performed, as well as the period of performance and the contact person for the contract. TCEQ will use this information to conduct a reference check.

Comments from these references may be used, as appropriate, in evaluation of this item. Included in the evaluation will be any work performed for TCEQ.

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4. Commitment of Qualified Personnel - 15 points Describe your level of commitment of qualified personnel to this project.

Provide titles of key personnel assigned to the project and their responsibilities or level of commitment including project managers, QA/QC officers, data validators, and data managers and reporters, etc. Provide details on who will be the primary operator and assigned backup, and that they meet the requirements listed in the scope of work. Responder should also provide in detail how staff will be replaced if necessary. Include statements of qualifications or resumes for each proposed personnel. Provide a general explanation and/or chart which specifies project leadership and reporting responsibilities and indicates which team members will interface with TCEQ Project Representative. Indicate which individual will be responsible for ensuring the company’s staff are performing work properly and deliverables are being met under the awarded Contract.

5. Technical Approach - 30 points The Responder should describe the technical approach that will be used in providing the deliverables specified the Scope of Work in this RFP. The information on the technical approach should include, but not necessarily be limited to, information related to staff and other resources commitments, communication strategies and chain of command, and other processes and procedures that will ensure the production of valid data of known quality from instrumentation specified in the Scope of Work, as well as designation of the facilities and capacities to perform this contract.

6. Cost to Perform the Service (Price)- 20 points The Responder must complete price information in the space provided on the Price Form. The number of points to be assigned for total Offer price will be calculated using the following formula:

𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 = �1 − Responder’s price total−Lowest price total of a Responder Highest price total of a Responder

� ∗ 20 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝

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SECTION 3:

DRAFT CONTRACT DOCUMENTS

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CONTRACT SIGNATURE PAGE

TCEQ Contract 582-27-00007:

The Maximum TCEQ Obligation is $.

The Effective Date is the later of the date of the latest signature below or

<<DATE>>>.

The Expiration Date is <<Date>>.

This Contract is funded with federal funds.

Assistance Listing Number:

Federal Grant Number:

Parties to the Contract

Texas Commission on Environmental Quality (TCEQ)

(Contractor Name)

By (Authorized Signature)

Sample Contract Signature Page

– Do Not Sign

Printed Name

Title

Date of Signature

Vendor ID Number

Procurement and Contracts Representative (Authorized Signature)

Printed Name

Public Purchasing Certification

Date

ENVIRONMENTAL QUALITY

Page 32 of 83 RFP: 582-27-00007

CONTRACT DOCUMENTS LIST

The entire Contract between TCEQ and Contractor consists of the Contract Documents listed on this page.

• Contract Signature Page

• Contract Documents List

• Scope of Work

• List of Key Personnel

• Approved Price Form

• Federal Conditions and Forms (incorporated by reference when completed)

• Special Terms and Conditions

• General Terms and Conditions

• HUB Subcontracting Plan and HUB Progress Assessment Forms (incorporated by reference)

• Insurance Section

• Insurance Certificate(s) Submitted by Contractor (incorporated by reference when completed)

• Notices, Project Representatives, and Records Location

• Attachment A: Sample Release of Claims Form to be…