ESBD_494234_1772809324663_582-27-30075 TCOT Marketing Services Solicitation_FINAL3.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: 03/05/2026

Type of Solicitation: Request for Proposal (RFP)

Name of Solicitation: Take Care of Texas (TCOT) Marketing Services

Solicitation Number: 582-27-30075

Class 915, Item 01

Responses Due

April 7, 2026 at 2:00 PM Central Time

Deadline for Submission of Questions

March 18, 2026 at 2:00 PM Central Time

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

March 24, 2026

Description:

The Texas Commission on Environmental Quality (TCEQ) is seeking a contractor to develop, budget, and implement marketing tasks to promote the Take Care of Texas program.

Historically Underutilized Business (HUB)/ Veteran Heroes United in Business (VetHUB) Subcontracting Plan: Subcontracting opportunities have been identified. See information regarding the HUB program and completing the HUB Subcontract Plan in the Responder General Instructions and in the HUB Subcontracting Plan form in Section 4 of this Solicitation.

PURCHASING AUTHORITY:

Competitive Sealed Proposals (RFP) Gov’t Code Chapter 2156, Subchapter C

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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

• Responder Special Instructions

• FTPS User’s Quick Guide for Solicitations

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Company’s Qualifications o Statement of Qualifications - Personnel o Past Performance

Past Contracts Client References o Technical Approach and Sample Work Plan o Price

• Exhibit 1: Example Work Order

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Special Terms and Conditions

• General Terms and Conditions

• Procedures for Work Orders

• 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

• Statement of Qualifications

• Statement of Qualifications - Personnel

• Technical Approach or Work Plan

• Approved Price Form

• Preferences

• 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: Stacy Thompson Telephone: [(512) 239-0323] Email: stacy.thompson@tceq.texas.gov

Secondary Contact

Name: Dinene “Dena” Rotan Telephone: (512) 239-3242 Email: dinene.rotan@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 HUB 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:

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

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

3. Enter esbd-response@tceq.texas.gov as the email address. Click "Add" and then “OK.”

Click OK again to confirm the file share.

4. 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.

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.

582-27-30075 TCOT Marketing Services Page 4 of 73 https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://ftps.tceq.texas.gov/help/ https://ftps.tceq.texas.gov/help/ https://ftps.tceq.texas.gov/ut.php

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

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.

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.

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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.

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.

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

-End-

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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

None

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 8.

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.

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 VetHUB Coordinator, listed under the TCEQ Points of Contact for this Solicitation. You may also request an HSP courtesy review from the TCEQ VetHUB Coordinator. Requests

582-27-30075 TCOT Marketing Services Page 8 of 73 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php for HSP courtesy reviews must be made well in advance of the Response due date. HSP assistance may depend upon 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 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 the 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.

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• 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, 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.

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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.

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 8. 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.

582-27-30075 TCOT Marketing Services Page 11 of 73 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=12%2F10%2F2025&recordId=129890

SECTION 2:

SCOPE OF WORK AND EVALUATION CRITERIA

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SCOPE OF WORK

1. Background

The Texas Commission on Environmental Quality (TCEQ) through its Take Care of Texas (TCOT) program intends to develop educational resources to increase public awareness among Texans of the personal steps they can take to conserve water and energy, keep the air and water clean, and reduce waste.

The purpose of this project is to develop outreach and marketing campaigns to promote the Take Care of Texas program. The program’s goal is to encourage all Texans to personally commit to doing their part by “taking the pledge”.

The program targets all Texans, but some of the key audience groups are:

• K-12 educators and students

• Homeowners and parents in Texas

• Female Texans (age 35 to 50)

Take Care of Texas maintains its own website, TakeCareOfTexas.org, that includes helpful tips Texans can use in their everyday lives to conserve natural resources. The website includes a blog that is updated regularly, resources for download, and lesson plans for educators. TCOT currently executes the following initiatives:

• K-5 Art Contest

• 6-12 Video Contests

• Ambassador Program for K-12 educators

• Pledge to Take Care of Texas with mailed Pledge Kits

• Lesson Plans for educators

• Email newsletters for environmentally minded Texans and educators

• Free resources that can be downloaded or shipped within Texas

• Presence on social media (Facebook, X, Instagram, Pinterest, and YouTube)

Past marketing work has included:

• Seasonal marketing campaigns with ads on Facebook, Instagram, and YouTube

• Partnerships with social media influencers

• Giveaways on social media with ads on Facebook and Instagram

• Production of videos and purchasing digital ads

• Advertisements placed in schools to target educators

• Production of Public Service Announcements (PSAs) and purchasing television and digital ads

The Take Care of Texas program was created by statute and is limited to the purposes and activities authorized by the Texas Legislature in Texas Health and Safety Code Section 361.0202.

2. Tasks

TCEQ will enter into an umbrella contract with the Contractor to provide marketing initiatives. Contractor shall assist TCEQ in developing a TCOT marketing plan and subsequent outreach and media promotions to increase public awareness among Texans of the personal steps they can take to conserve water and energy, keep the air and water clean, and reduce waste. For each initiative, TCEQ will issue a Work Order

582-27-30075 TCOT Marketing Services Page 13 of 73 https://takecareoftexas.org/ specifying the services required. In response to the Work Order, Contractor shall provide a Work Plan detailing how it will perform the media or outreach initiative and a corresponding Work Order Budget. The Work Order process is defined in the Procedures for Work Orders Section.

Anticipated work orders will request the following objectives:

1. Marketing Plan and Promotion.

Produce a marketing plan and subsequent outreach and media promotions to increase public awareness of TCOT among the specified target audiences. The Marketing Plan (a.k.a. Work Plan) may incorporate promotion or utilization of existing marketing initiatives, or new ideas.

Responders shall include a minimum of four different campaign options per Work Order request. The marketing plan should include paid advertising for each individual campaign, focusing on social media and digital advertisements. This plan should identify outlets and strategies that will most cost-effectively reach the largest Texan audience.

Responder shall deliver a final report stating the flight plan and estimated exposures to the targeted audiences upon TCEQ acceptance of the preferred campaign option.

2. Campaign Preparation.

Based on the marketing plan, TCEQ will work with Contractor to implement the campaigns outlined in the Marketing Plan.

Travel expenses between work sites and any office location from which Contractor is responding are considered a cost of business and are not reimbursable under this Contract.

If the TCEQ authorizes reimbursement to Contractor for lodging, meals, and other travel-related expenses, then Contractor must not charge labor hours for travel between the work sites and any office location from which Contractor is responding.

Travel expenses, if approved by TCEQ in writing in advance, will be reimbursed by TCEQ at the current state rate for hotel costs and vehicle mileage as specified at GSA per diem rates. Contractor must include receipts for reimbursement. Contractor will be reimbursed for actual meal costs not to exceed GSA per diem rates. Contractor will not be reimbursed for alcohol or tip or other items not normally reimbursed to TCEQ employees in travel status.

TCEQ does not guarantee a minimum number of work orders. TCEQ does not guarantee a minimum expenditure.

3. Additional Work

TCEQ may request additional work related to the Scope of Work including, but not limited to, creative work, editing, and other work related to the educational and media objectives of TCEQ. The price for additional work will be negotiated before costs incur and included on the approved Work Order Budget Form. Hourly rates listed on the Price Form will be used to determine the costs of the related work. TCEQ may also reimburse contractor for actual costs for incidental expenses related to the additional work, however incidental expenses that should have been included in a fully-loaded

582-27-30075 TCOT Marketing Services Page 14 of 73 price will not be reimbursed. Incidental expenses must also be included on the approved Work Order Budget Form before costs are incurred.

4. Invoicing

Upon TCEQ’s acceptance of a deliverable, Contractor will invoice TCEQ. The Contractor will submit invoices to Contract Manager no later than the 15th day of the month after the services were completed. Invoices must have the Purchase Order number listed and be supported by appropriate documentation as required by the Contract.

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EVALUATION CRITERIA

Proposals and Best and Final Offers will be scored on the basis of factors constituting the best value and best interest of the State using the following general categories for which total possible scores are shown. The maximum attainable score is one hundred (100).

Responses must include all requested information, or the Response may be disqualified.

Category Total Points

Possible Per

Category

1. Company’s Qualification 5 Points

2. Statement of Qualifications – Personnel 20 Points

3. Past Performance – Client References/Past Contracts 10 Points

4. Technical Approach for the Sample Work Order 45 Points

5. Price 20 Points

Total Possible Points to be Awarded 100 Points

The TCEQ may, for the assignment of points for Qualifications and/or Past Performance, consider information regarding the Responder’s past performance for TCEQ, other governmental entities, and businesses.

1. Company’s Qualifications (5 Points)

Place information behind TAB 2 of the Response.

Describe the Company’s organization, including at a minimum: type of business organization (e.g., corporation, partnership, sole proprietorship), date established, state of incorporation (if applicable), Texas authorization(s) to conduct business, location of company headquarters and/or relevant branch offices, equipment and other resources deemed necessary to fulfill the requirements of the Scope of Work.

2. Statement of Qualifications - Personnel (20 points)

Place Information behind TAB 3 of the Response.

Provide a description of the company's personnel’s experience in performing work similar to that required by the Scope of Work. List years of experience proposed staff have in performing their designated tasks in the form of a resume or 1-page biography. Provide a general explanation and/or organizational chart that specifies project leadership and reporting responsibilities and indicates which team members will interface with TCEQ management.

3. Past Performance –Past Contracts/Client References (10 points)

Place information behind TAB 4 of the Response.

A. Past Contracts

Responders shall submit information on the three (3) most recently completed contracts or contracts currently in progress for similar work to that described in the

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Scope of Work. At least, one (1) example should also be provided by each listed subcontractor. These example contracts may include contracts with Federal, State and local governments, as well for-profit and non-profit entities. Provide examples of entities comparable in size to TCEQ that have locations across the state. Demonstrate at least four (4) years of experience in the type of work described in the SOW. Include the following information for each contract and subcontract:

1) Name of contracting activity.

2) Contract number, if applicable.

3) Contract title.

4) Brief description of contract or subcontract.

5) Total contract amount.

6) Period of performance.

7) Project or program manager and telephone.

8) List of major subcontractors (if applicable).

9) Description of the services and how they were delivered to participants

If the Responder has no relevant past performance history, the Responder must affirmatively state that it possesses no relevant directly related or similar past performance. If the Responder does not indicate whether past performance history exists, the Responder’s proposal may be considered ineligible for award.

B. Client References

The Responder shall submit at least three (3) client references including names, contact addresses, email addresses and phone numbers for clients whom the Responder has performed work that is similar to that described in the Scope of Work.

Responder may use contacts listed in Past Contracts (listed above) as client references. The Responder shall not submit the following as references:

1) References whose names may not be listed.

2) References whose names cannot be released under the Texas Public Information

Act.

3) References that will not be willing to have their evaluations released under the

Texas Public Information Act.

Note: It is Responder’s obligation to ensure that listed references are willing to provide information on Responder’s past performance to the TCEQ. If clients cannot be contacted because the information supplied is erroneous or incomplete or a reference does not respond to TCEQ’s requests for information, points may be deducted from the Responder’s score.

4. Technical Approach to Performing the Scope of Work (45 points)

Place information behind TAB 5 of the Response.

Responder shall demonstrate in their response their approach to perform the services described in the Scope of Work. Responder shall propose an example marketing plan, including subsequent outreach and media promotions to increase public awareness of TCOT among the specified target audiences. The Responder shall also provide a Work

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Order Budget for the proposed marketing plan. The marketing plan may incorporate promotion or utilization of existing marketing initiatives, or new ideas. The total budget for the marketing plan and objectives is $300,000. The marketing plan consists of the following objectives, including:

Task 1: The marketing plan should include a minimum of four (4) marketing campaigns/initiatives.

Task 2: The marketing plan should include a coordinated advertising plan to promote the marketing campaigns promoting the Take Care of Texas program to obtain the following goals:

• Increase the number of pledges by 10%

• Increase followers on Facebook and Instagram by 15%

• Increase traffic to Take Care of Texas website by 15%

• Increase awareness of and participation in student contests by 10%

• Generate awareness of the Take Care of Texas program

5. Price (20 points)

Place information behind TAB 6 of the Response.

Propose your fully loaded, firm, fixed prices to perform the services listed in the Scope of Work. Price shall include all costs of performance, including materials, equipment, labor, communication, necessary subcontracts and planning to successfully complete all services. The submitted price shall be considered as a fully loaded rate, that is, the rate including an accounting of all expenses. No other cost may be charged to TCEQ or paid by TCEQ. The Price Form is located in the Response Contents.

Individual pay item prices may be weighted according to estimated contract usage during the evaluation process. The price score will be calculated per the formula below:

𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 = �1 −

(Responder′s Price Total) − (Lowest Price Total of a Responder)

Highest Price Total of a Responder � ∗ 20 points

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EXHIBIT 1

Example Work Order

Please provide a sample Work Plan (a.k.a. Marketing Plan) based on the following example Work Order. Please follow the format as described under Evaluation Criteria: #4 Technical Approach to Performing the Scope of Work and return with your proposal under TAB 5 –

Technical Approach.

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Exhibit 1 Sample Work Order

Texas Commission on Environmental Quality (TCEQ) WORK ORDER UNDER Umbrella Contract #582-27-30075

BETWEEN TCEQ AND [CONTRACTOR NAME]

FY27 Take Care of Texas Marketing Plan

Work Order No.: 01 Contract No.: 582-27-30075 Contract Title: Take Care of Texas Marketing Plan Original Amount of Umbrella Contract: $1,500,000 Work Order Amount (Maximum Not-to-Exceed): $300,000 Amount in Contract after this Work Order: $1,200,000 Effective Date of the Work Order: When Issued TCEQ Program Manager: Elizabeth Simmons TCEQ Contract Manager: Elizabeth Simmons

Background [CONTRACTOR NAME]—hereafter called Contractor—will develop and carryout a marketing plan for the Take Care of Texas Program for Fiscal Year 2027 (FY27).

Timeline Upon the effective date of the Work Order, Contractor will begin developing a Work Plan and a Work Order Budget. Upon TCEQ’s issuance of the Notice to Proceed, Contractor will implement the TCEQ marketing plan. All work under the marketing plan shall be completed by August 31, 2027.

Scope of Work Contractor shall develop a Marketing Plan and Work Order Budget for the Take Care of Texas (TCOT) program for FY27. Upon issuance of this Work Order, Contractor shall create a Work Plan and Work Order Budget. The Work Order Budget shall not exceed $300,000.00. Contractor shall use the attached Work Order Budget form. Contractor’s work plan shall meet the requirements specified in Article 3(d) in the Procedures for Work Orders on pages 40-41 of the contract. TCEQ will issue a Notice to Proceed upon its approval of the Work Plan and Work Order Budget and Contractor shall implement the TCEQ approved Marketing Plan.

The marketing plan shall contain the following elements:

• A minimum of four (4) marketing initiatives/flights should be included in the plan.

• The marketing plan should coordinate and purchase digital media ads promoting the

Take Care of Texas program to obtain the following goals:

o Increase the number of pledges by 10% o Increase followers on Facebook and Instagram by 15% o Increase traffic to the Take Care of Texas website by 15% o Increase awareness of and participation in student contests by 10% o Generate awareness of the Take Care of Texas program

Deliverables

1. Draft Work Plan and Work Order Budget is due by November 1, 2026.

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2. Final Work Plan and Work Order Budget is due five business days after receipt of TCEQ’s comments.

TCEQ Staff Assigned to this Work Order TCEQ Project Manager: Elizabeth Simmons Take Care of Texas Marketing Plan Mailing Address:

TCEQ (MC118)

P.O. Box 13087 Austin, TX 78711-3087 Phone: 512-239-2419 Email: elizabeth.simmons@tceq.texas.gov

Contractor’s Principal Coordinator Name: TBD Title: TBD Mailing Address: TBD Phone.: TBD Email: TBD

Percentage of Work, if any, to be performed by TCEQ TCEQ will review, edit, and approve the Marketing Plan and Work Order Budget

Signature Block:

Texas Commission on Environmental Quality

Name Title

Date:

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SECTION 3:

DRAFT CONTRACT DOCUMENTS

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CONTRACT SIGNATURE PAGE

TCEQ Contract 582-27-30075:

Take Care of Texas (TCOT) Marketing Services

The Maximum TCEQ Obligation is $XXX,XXX.XX.

The Effective Date is 09/01/2026.

The Expiration Date is 08/31/2027

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 Stacy Thompson

Public Purchasing Certification CTCM, CTDM

Date

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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 o Exhibit A: Sample Work Order

• Approved Price Form

• Special Terms and Conditions

• General Terms and Conditions

• Procedures for Work Orders

• Work Orders and related documents created during the Contract (incorporated by reference):

o Work Orders o Work Order Budget o Notices to Proceed o TCEQ-Approved Work Plans

• 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

• Attachments (listed below) o Attachment A: Sample Release of Claims Form to be returned with final invoice, unless otherwise specified in the Contract o Attachment B: Work Order Budget

• Solicitation, including any addenda and Request(s) for Best and Final Offer (BAFO), and related documents (incorporated by reference)

• Contractor’s Response to Solicitation, including any Best and Final Offer (BAFO) Response(s) (incorporated by reference)

All applicable statutes, rules and regulations and all other requirements imposed by law, including, but not limited to, those pertinent rules and regulations of the State of Texas, are incorporated into this Contract by reference for all purposes as if specifically written herein. All Texas Governor Executive Orders are incorporated into this Contract by reference for all purposes as if specifically written herein.

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SPECIAL TERMS AND CONDITIONS

These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence, as set forth in the Order of Precedence provision in the General Terms and Conditions.

1. Contract Term. The term of this contract will commence on September 1, 2026 or upon receipt of the signed contract and will terminate on August 31, 2027. The contract will include the option for four, one-year contract renewals, upon agreement between the Contractor and TCEQ.

2. General Term and Condition 23.14, Compliance with Law, is deleted and replaced by:

23.14. Compliance with Law: Contractor must comply with all applicable federal, state, and local statutes, regulations, and other laws, including, but not limited to, all restrictions for state agencies relating to promoting and advertising. Contractor has sole responsibility for obtaining all licenses and permits necessary for the Work, and for giving all notices required by law.

3. Price Adjustment. General Terms and Conditions Article 5. Prices and Reimbursement is amended by adding Subarticle 5.5 Price Adjustment.

a. If during the Contract Term there is a change in economic conditions that results in Contractor’s actual costs increasing more than 10% for any agreed price, Contractor may request a price adjustment.

b. The Contractor may be granted only one price increase per Fiscal Year.

Contractor must request the increase for the next Fiscal Year by February 1st of the current Fiscal Year. Contractor must provide all documentation to support the calculation of the requested increase.

c. TCEQ has sole discretion on whether or not to grant the price increase.

d. Any price increase granted by TCEQ will become effective on the effective day of the amendment granting the increase and remain effective throughout the remaining term of the Contract unless a subsequent price increase is agreed to in a future amendment. Updated prices will be reflected in a new price form included in the amendment.

e. Percent increases will be rounded to two decimal places.

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GENERAL TERMS AND CONDITIONS

Revised February 12, 2026

1. DEFINITIONS

The following terms shall have the meanings ascribed below when used in this document:

1.1 “Conforming” and “Conformity” and similar words refer to the condition or status of a good, service, property or the Work as meeting and being compliant with the requirements of the Contract.

1.2 “Fiscal Year” means the period of time that begins on September 1 and ends on August 31. The fiscal year is designated by the calendar year in which it ends;

for example, Fiscal Year (FY) 2016 begins on September 1, 2015 and ends on August 31, 2016.

1.3 Whenever used in this contract, “include,” and similar words are intended to mean include but not limited to; they are not intended to be exhaustive.

1.4 “Nonconforming” or “Nonconformity” means a failure of a good, service, property or the Work to conform to this Contract, and includes a defect in a good, service, property or the Work.

1.5 “Work” means the services, goods and property the Contractor is required to provide in this Contract. The term includes the entire completed undertaking and the various separately identifiable parts. The term also includes all duties of the Contractor.

2. ORDER OF PRECEDENCE

The entire Contract between TCEQ and Contractor consists of the documents identified in the Contract Documents List. The Contract Documents are intended to be interpreted in harmony with each other. Any inconsistency in the solicitation or the Contract shall be resolved by giving precedence in the following order:

a. Contract Signature Page

b. Federal Conditions and Forms

c. Special Terms and Conditions

d. Procedures for Work Orders

e. Scope of Work

f. Price Form (completed)

g. Insurance Section

h. General Terms and Conditions

i. HUB Subcontracting Plan and HUB Progress Assessment Forms

j. Work Orders and Notices to Proceed (incorporated by reference)

k. Work Plans and other Work Order-related documents created during the

Contract (incorporated by reference)

l. TCEQ Solicitation (incorporated by reference)

m. Other documents, exhibits, and attachments listed in the Contract Documents

List.

3. CONTRACT AMENDMENTS

3.1 Material Changes. Material changes to the contract require a written amendment signed by both parties. These Amendments take effect when signed by the Contractor and TCEQ, unless otherwise designated in the Amendment. Material changes include the following:

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3.1.1 Changes in the total amount of funds in the Budget or the Contract;

3.1.2 Changes to the Contract’s Expiration Date;

3.1.3 Changes to the Scope of Work that affect TCEQ’s obligations to the entity providing funding, such as the United States Environmental Protection Agency (EPA), another state or federal agency, or the Texas Legislature; and

3.1.4 Changes that affect the material obligations of the Contractor in this Contract.

3.2 Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments. Unilateral amendments take effect when issued by

TCEQ.

3.3 Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a formal Amendment, to correct typographical errors;

make written Contract interpretations; and make minor, non-material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders; or as agreed to elsewhere in the Contract. Contractor must provide TCEQ with a written objection to any Notice of Interpretation no later than five (5) business days from the effective date of the Notice. A copy of the agreed change must be retained in the appropriate file by both the Contractor and TCEQ.

3.3.1 Minor, non-material changes include:

3.3.1.1 Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract;

3.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order;

3.3.1.3 Changes to the individual tasks in the Scope of Work or Work Order, if applicable, that do not substantially change the obligations of the Parties relative to those tasks;

3.4 It is the Contractor’s responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ.

4. TERM AND AMOUNT OF CONTRACT

4.1 Contract Period. The Contract Period begins on the later of: 1) the Effective Date on the Contract signature page, or 2) the latest date of the parties’ signatures shown on the Contract signature page. The Contract Period ends on the Expiration Date on the signature page.

4.2 Renewals and Extensions. This Contract may be renewed up to three one-year periods by amendment. TCEQ, by unilateral amendment, may extend the Contract for 180 days beyond any expiration of the Contract Period. In a renewal or extension, TCEQ may increase the Maximum TCEQ Obligation by an amount up to the original Maximum TCEQ Obligation.

4.3 Maximum TCEQ Obligation. The Maximum TCEQ Obligation is the greatest amount TCEQ may pay for the Work. There is no guaranteed minimum expenditure by TCEQ.

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4.4 Service Adjustment/Contingency Requirement (SACR). TCEQ may in its sole discretion make allowances for unforeseen circumstances or contingency requirements. TCEQ may increase the current Maximum TCEQ Obligation by an amount not to exceed 200% of the original Maximum TCEQ Obligation at the time the Contract was signed.

5. PRICES AND REIMBURSEMENT

5.1 Prices. Prices are firm, fixed, and fully-loaded.

5.2 Cost Reimbursement. Reimbursement is limited to direct costs for items specifically identified on the Price Form or in the Scope of Work and approved by the TCEQ Project Manager before the cost is incurred. Reimbursement requests must be itemized and documented in a format acceptable to TCEQ.

5.3 Records. Contractor must maintain records supporting its costs in accordance with generally accepted accounting principles.

5.4 Reimbursement for Travel. Travel reimbursement is limited to actual costs, and shall not exceed the maximum allowed for State employees by the Texas Comptroller of Public Accounts.

6. QUALITY AND ACCEPTANCE

6.1 Quality Standard. All Work must be complete and satisfactory to the TCEQ. All materials and equipment shall be handled in accordance with instructions of the supplier, except as otherwise provided in the Contract.

6.2 Acceptance. TCEQ relies on Contractor to inspect and test the Work to ensure that it conforms to the Contract requirements. TCEQ relies on the Contractor’s greater expertise in the field of the Work. Any act by TCEQ indicating acceptance, whether express or implied, shall not be deemed to mean that TCEQ has tested or inspected the Work, but rather that TCEQ has accepted the Work in reliance on Contractor’s greater expertise and Contractor’s representation that the Work conforms to all Contract requirements. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of nonconforming Work or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents:

• payment;

• use of the Work or any part of the Work by TCEQ;

• review or approval of a submittal;

• inspection or testing by TCEQ; or

• correction of defective Work by TCEQ.

6.3 Quality Assurance. All Work that involves the acquisition of environmental data shall be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements.

Environmental data includes any measurements or information that describe (1) environmental processes, location, or conditions; or (2) ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or the literature. No data collection or other Work covered by this requirement shall be implemented until Contractor receives the QAPP approved by TCEQ and, if necessary, the EPA. TCEQ may refuse payment or reimbursement for any environmental data acquisition performed without an approved QAPP.

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6.4 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited in accordance with 30 Texas Administrative Code (TAC) Chapter 25, Subchapters A and B, for the matrices, methods, and parameters of analysis used, unless one of the regulatory exceptions specified in 30 TAC § 25.6 applies.

7. PAYMENTS AND INVOICES

7.1 Excess Obligations Prohibited. TCEQ’s obligations under this Contract are contingent upon the continued availability of funding. If funds become unavailable due to lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, TCEQ may terminate this contract.

7.2 Invoice. Contractor will submit invoices no later than the 15th day of every month after the services are completed. If the Contract has an approved HUB Subcontracting Plan (HSP), a HUB Progress Assessment Report (PAR Form) describing subcontracting activity must also be submitted with the invoice. The invoice may be rejected for failure to comply with all invoice requirements.

7.3 Invoice Contents. The Contractor must include the following information on the face of all invoices: invoice number, invoice date, TCEQ Contract number, Work Order number if any, Vendor Identification Number, period covered by the invoice, item and unit description, quantity, unit price, extended price, and total amount for which Contractor is requesting payment. Contractor shall submit its invoice to the TCEQ Contract Manager.

7.4 State Agencies/Institutions of Higher Education. If the Contractor is a State agency or institution of higher education payments must be made via interagency transaction voucher (ITV), please provide a Recurring…