ESBD_498056_1773936594863_RFP 7402-MK Two Crane Barge Vessels.pdf

Texas General Land Office -i- RFP No. 7402-MK

TEXAS GENERAL LAND OFFICE

is

REQUESTING COMPETITIVELY SEALED PROPOSALS

for

Two Crane Barge Vessels

REQUEST FOR PROPOSALS NO. 7402-MK

Class/Item Codes 120-00, 120-14; 120-84

Release Date: March 19, 2026 Deadline for Submission: April 16, 2026 at 2:00 p.m. CT

Solicitation Point of Contact: Mike Klepfer, CTCD, CTCM

Mike.Klepfer@Glo.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all Respondents in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Mike.Klepfer@Glo.Texas.Gov http://www.txsmartbuy.gov/esbd

Texas General Land Office -ii- RFP No. 7402-MK

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK

2.1 SCOPE

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

Texas General Land Office -iii- RFP No. 7402-MK

4.2 SHORT LIST

4.3 INTERVIEWS

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.1.1 Company Narrative

5.1.2 Company Profile

5.2 TECHNICAL PROPOSAL

5.3 PAST PROJECTS

5.4 LITIGATION HISTORY

5.5 VETERAN-OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

5.6 CONFLICTS

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 INSURANCE

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 PROTEST

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

7.4.2 Affirmations and Solicitation Acceptance

Texas General Land Office -iv- RFP No. 7402-MK

7.5 VENDOR PERFORMANCE REPORTING

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ....................................... A-1

EXHIBIT B. SAMPLE CONTRACT .................................................................................................... B-1

EXHIBIT C. CONTRACTOR’S PROPOSAL FORM ........................................................................ C-1

Texas General Land Office -1- RFP No. 7402-MK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks to purchase up to two vessels that meet the agency’s offshore and inland operational needs. Vessels must be equipped with motors, electronics and trailers (the “Project”). These vessels will be utilized by the Oil Spill Division of the GLO to remove derelict vessels within our jurisdiction.

Responses must meet or exceed the specifications listed in Section 2.1 and provide the same or better performance to be considered for award. Respondents must submit detailed specifications for any substitutions from the listed specifications.

The GLO will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation, in accordance with applicable federal, state, and local laws, rules, and regulations and in accordance with terms and conditions outlined in the Sample Contract attached hereto as Exhibit B. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“BAFO” means Best and Final Offer.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contract Time” means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.

“Contractor” means the Respondent(s) awarded a contract under this Solicitation.

“CPF” means the Contractor’s Proposal Form.

http://www.glo.texas.gov/

Texas General Land Office -2- RFP No. 7402-MK

“Davit” means a small crane mounted onboard a ship capable of suspending or lowering heavy objects with a controlled pulley or hoist system.

“Dyneema” is a patented ultra-high-molecular-weight-polyethylene (UHMWPE) fiber that can be integrated with fabrics for waterproofness, breathability, and tear strength.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“FOB” means Free On Board.

“FOB Destination” means the Contractor retains the risk of loss until the goods reach the

GLO.

“GLO” means the Texas General Land Office.

“LiveScopeTM” is sonar technology developed by Garmin. Kinescoped provides a real-time forward-looking image of the structure and obstacles in front of a boat.

“LOA” means the overall designed length of the hull and excludes things like overhanging pulpits, bow rollers, removable bowsprits and transom-hung rudders.

“Notice to Proceed” or “NTP” means written notice provided by the GLO to begin construction of the Project.

“ODR” means Owner’s Designated Representative, a representative of the GLO responsible for Project oversight.

“OSHA” means the U.S. Occupational Safety and Health Administration.

“Owner” means the Texas General Land Office.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

http://www.txsmartbuy.gov/esbd

Texas General Land Office -3- RFP No. 7402-MK

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“USCG” means United States Coast Guard.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through 20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“VetHUB Subcontracting Plan” or “VetHSP” means the subcontracting plan required under 34 Texas Administrative Code §20.285 and the Texas Comptroller of Public Accounts’ Veteran Heroes United in Business Program (“VetHUB Program”) to be submitted with each response to a Solicitation that will result in the issuance of a contract with an expected value of $100,000 or more and for which the GLO has determined subcontracting opportunities are probable.

1.3 AUTHORITY

The GLO is soliciting the services listed herein under the applicable provisions of Texas Natural Resources Code, § 40.108(b); Tex. Gov't Code Title 10, Subtitles D and F; 34 Tex.

Admin. Code Sec. 20.82(e) and Sec. 20.208.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office -4- RFP No. 7402-MK

ARTICLE II. SCOPE OF WORK

2.1 SCOPE

The scope of work for the Project includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to build and deliver the vessels in accordance with the following specifications.

Vessel packages must be equipped with necessary features on both the vessel and trailer to meet USCG and TXDOT requirements. Vessels must be able to raise and dewater up to a twenty-two (22’) foot vessel. Vessels must be able to enter shallow water to access sunken vessels as well as be able to handle waves in a bay or river setting. Vessels must be able to tow another vessel from the stern, bow, port or starboard.

NOTE: The specifications listed below are the essential minimum requirements for the design, construction, and performance of the required vessel named herein. Items not described in this specification for design, construction, and performance may be accepted as the standard of the Respondent who shall be solely responsible for the design, construction, and performance of the response vessels.

Response vessels shall comply with all federal, state, and United States Coast Guard (USCG) regulations and shall be constructed of approved marine grade aluminum at least a minimum thickness as suggested by manufacturer and structural guidance and specifications as set forth in specifications herein and conform as applicable to the following standard of Structural and Electrical compliance where applicable: United States Coast Guard (USCG) https://www.dco.uscg.mil/OCSNCOE/Regulatory-Guidance/

2.1.1 Vessel Specifications

Respondent shall provide manufacturing specifications, detailed blueprints or schematics in proposal submission.

1. Length Overall (LOA) not to exceed twenty-two feet (22’), without engines attached.

2. Vessel beam shall be eight feet (8.5’) minimum to nine feet (9’) maximum.

3. Vessel shall have aluminum rubbing strakes that run the length of the vessel.

4. Vessel shall have a 3” D rubber fender package that runs around the entire vessel.

5. Vessel shall have six (6) 10” welded aluminum cleats, two on each side of the vessel, port and starboard and at the bow and stern at a minimum.

https://www.dco.uscg.mil/OCSNCOE/Regulatory-Guidance/

Texas General Land Office -5- RFP No. 7402-MK

6. Vessel shall have ten (10) flush tie pocket barge deck w/ stainless steel pin at a minimum.

7. Vessel shall have two (2) push knee fenders separated with a 4” D rubber fender at a minimum.

8. Push knees shall be welded to hull of the boat and extended 4 inches above the gunnel line and extend 8 inches below the gunnel line at a minimum.

9. The forward face of the knees shall be covered with a heavy-duty marine rubber for protection.

10. Vessel shall have heavy duty tow post made of schedule 80 aluminum with double cross pin.

11. Vessel shall have two (2) mounted spools with 150’ of 1/2” Samson AmSteel blue dyneema on each spool. The two spools of dyneema shall be different colors.

12. Vessel shall have a 2” engine guard that can fold up for storage and include engine protector to prevent obstacles from hitting engine.

13. Vessel shall have two (2) electric davit cranes, rated for 1,000 lbs. at a minimum.

14. Vessel shall have six (6) davit crane sockets, each integrating a waterproof electrical connector for the cranes, The davit crane sockets shall be mounted on each side of the vessel, at the bow, midship, and at the stern.

Exact location shall per manufacturer’s recommendations.

15. Vessel shall have removeable handrails.

16. Vessel fuel tank shall be constructed from marine grade aluminum and have a minimum capacity of 60 gallons.

17. Vessel shall have an aluminum center console. The center console will have three (3) sides including three (3) windshields, forward, port, and starboard of console for high visibility. Windshields shall be at least 1/4" safety glass, framed with 3/16" aluminum and extend from dash of center console up to the T-top.

18. Vessel shall have windshield wiper on the forward windshield.

19. Vessel shall have a center console outfitting with the following items:

a. Fly by wire twin engine throttle control system including tilt and trim.

b. Gauges showing fuel, temperature, hour meter, oil pressure, water pressure, voltage, RPM, and speed.

c. Mount for Garmin GPSMAP 8610 10” model or GLO approved equivalent.

d. Stainless Steel steering wheel with stainless steel control knob.

e. VHF radio with microphone and external speaker mounted in instrument box under T-top.

Texas General Land Office -6- RFP No. 7402-MK

f. Rocker switches for accessories: navigation lights, anchor light, bilge pump, flood lights, jack plate, and horn.

20. Vessel shall have leaning post style cushioned seat with cushioned back rest with footrest (footrest much hinge when not in use). Leaning post will have a backrest frame that protects driver from line snaps while towing

21. Vessel shall have a padded seat with storage locker on front of the center console

22. Vessel shall have four (4) Marine Optima SC27DM AGM batteries or GLO approved equivalent.

23. Vessel shall have two (2) Rigid D series pro LED flood lights or GLO approved equivalent.

24. Vessel shall have Garmin GPSMAP 8610 10” with Navionics package for North America. Garmin shall have NMEA 2000 integration for engine data and a Garmin transducer that provides depth, side scan, and down scan sonar or GLO approved equivalent.

25. Vessel shall have Garmin Livescope XR system that ties into the Garmin GPSMAP 8610. Livescope will be on a portable downrigger to be used around the vessel or GLO approved equivalent.

26. Vessel shall have hydraulic outboard steering.

27. Vessel shall have a diurnal fuel system for twin engines and a single fuel tank.

28. Vessel shall have a bilge pump with a minimum capacity of 2,000 gallon per hour.

29. Vessel shall have high water bilge alarm with sensors.

30. Vessel shall have two (2) 6” hydraulic jack plates with controls mounted on dash.

31. Vessel shall have two (2) davit mounted winches rated for 1,000 lbs.

outfitted with 65’ of ¼” Samson AmSteel blue dyneema line.

32. Vessel shall have two (2) 4.5lb zinc anodes.

33. Vessel deck shall be coated in a nonskid finish.

34. One vessel must have a removable, canvas Bimini top for bridge clearance. The second vessel must have affixed aluminum T-Top for shade.

Motor minimum requirements:

Each vessel shall have two (2) 200 HP Outboard Engines that are rated for saltwater use. The props must be counterrotating and stainless steel with the manufacturer's recommended pitch. Suzuki DF200A (black) for Bimini top vessel and Yamaha F200 for T-top vessel or GLO approved equivalent.

Trailer minimum requirements:

Texas General Land Office -7- RFP No. 7402-MK

Trailer shall be a tandem axle all welded aluminum trailer with stainless fasteners and no carpet. Trailer shall have a warranty against manufacturer defects or at least three (3) years. McClain ATT-2040, Coastline Custom or equivalent.

1. Trailer must have a bulldog style, 2-5/16" hitch, swivel jack and hand crank winch.

2. Trailer must have stainless steel brakes.

3. Bunks shall have plastic, poly, nylon or Teflon surface with no carpet on the bunks or on the fender wells.

4. Fender wells must be strong enough to support 250 pounds and be lined with plastic, poly, nylon or Teflon and no carpet.

5. All lighting must be LED.

6. Trailer must have a full size spare tire and must be carrier mounted to trailer.

7. Trailer must have submersible LED trailer lights and cross-member steps with classic package.

8. Trailer shall have an inclined bowstop with rubber bumpers (two posts with winch passing thru middle).

9. Trailer shall use the Dexter vault hub system or equivalent.

10. Trailer must have stainless steel self-retracting trailer mounted ratchet straps for stern tie downs.

11. Trailer must have a safety chain that secures the trailer and the boats eyebolt.

2.1.2 Vessel Specifications

• The vessels must be able to safely moor against all types of vessels and platforms, including small recreational vessels in open waters without damaging either vessel. The vessels will cover a wide range of waters from the Gulf of Mexico to the shallow inland bays and estuaries of the Texas Coast. Water depths vary greatly and require a vessel that will perform in shallow water bays, but must also be seaworthy in the offshore conditions of the Gulf of Mexico, including operating under adverse sea and weather conditions.

• Vendor must provide a comprehensive user’s manual and conduct a 2-day training program to the personnel in Region 1 and a separate 2-day training program for the personnel in Region 5.

• Vendor must provide manufacturing specifications, detailed blueprints or schematics of the exact vessels to GLO for approval prior to vendor being sent a Notice to Proceed.

Texas General Land Office -8- RFP No. 7402-MK

• Vendor must notify the GLO once vessels are ready for inspection, make available the vessel that Respondent proposes for delivery, and arrange for a shake-down cruise with simulated working conditions prior to acceptance.

The GLO must be able to inspect and operate the exact vessel that vendor is offering prior to delivery.

• Acceptance inspection and performance testing will not take more than five

(5) working days, weather permitting. Vendor will be notified within this time frame of any unit(s) not delivered in full compliance with the specifications.

• New Equipment ONLY: NO re-manufactured or "gray market" items. All items must be covered by all manufacturers’ warranty. The unit shall be made ready for continuous operation upon delivery. Respondent is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

The selected Contractor shall be bound to specific terms and conditions found in Exhibit B, the GLO’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

2.2.2 OSHA Compliance

In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

2.2.3 Referenced Brand Example

Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of comparable nature and quality will be considered. If proposing other than the referenced brands/model number, Bidder must show manufacturer, brand or trade name, product number and provide complete descriptive information of product offered and include with response.

Texas General Land Office -9- RFP No. 7402-MK

2.3 CONTRACT TERM

The selected Contractor shall not begin any work under any contract resulting from this Solicitation until receipt of a Notice to Proceed (“NTP”) from the GLO. The Contract is effective on the date of the last signature, anticipated August 31, 2026 and expires upon the GLO’s final inspection and acceptance of all vessels, anticipated to be prior to August 31, 2027. The GLO, at its own discretion, may extend any contract awarded pursuant to this Solicitation, subject to terms and conditions mutually agreeable to both parties.

All changes in the scope of work, the Contract Price and/or the Contract Time shall be documented by a change order.

Texas General Land Office -10- RFP No. 7402-MK

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation March 19, 2026

Deadline for Submitting Questions March 27, 2026 at 2:00 p.m. CT

Anticipated Release Date of Answers to Questions April 1, 2026

Deadline for Submission of Solicitation Responses April 16, 2026 at 2:00 p.m. CT

Estimated Evaluation Period April 17, 2026 to May 1, 2026

Contract Negotiation and Execution May 29, 2026

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Mike Klepfer, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Mike.Klepfer@glo.texas.gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@glo.texas.gov mailto:Mike.Klepfer@glo.texas.gov mailto:Sarah.Bergmann@glo.texas.gov

Texas General Land Office -11- RFP No. 7402-MK

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted.

a. Identifying Solicitation number in email subject

b. Section number

c. Text of passage being questioned

d. Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

http://www.txsmartbuy.com/esbd

Texas General Land Office -12- RFP No. 7402-MK

a) One Proposal, including all documents requested in Part 1 of the Submission Checklist, submitted as one Portable Document Format (.pdf) file; and

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses are not recommended to exceed 25 pages in length. Exhibit A Affirmations and Solicitation Acceptance, Exhibit C, signed acknowledgments of Addenda, past projects, and the Contractor’s Proposal Form are considered supporting documentation and are not included in the recommended page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: RFP 7402-MK Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses using the following Box™ link:

Texas General Land Office -13- RFP No. 7402-MK

Upload Solicitation Responses to Box

Or https://txglo.app.box.com/f/72ae5d67268848eeab7cced7b77f766c

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in Section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

https://txglo.app.box.com/f/72ae5d67268848eeab7cced7b77f766c https://txglo.app.box.com/f/72ae5d67268848eeab7cced7b77f766c

Texas General Land Office -14- RFP No. 7402-MK

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code, and Chapter 2269 of the Texas Government Code.

The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas.

“Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, §§2155.074 and 2156.007.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must demonstrate they have been in the marine vessel construction business in the last five years for a minimum of five (5) years, or the principals/owners must have had ownership/executive management experience in a previous company that provided general and/or marine vessel construction services for a minimum of five (5) years;

4.1.2.2 Respondent shall have demonstrated relevant experience in meeting completion dates and delivery schedules as described in Section 5.3;

4.1.2.3 Respondent shall have demonstrated relevant experience building the vessels described in Article II and shall provide examples of successful salvage operations completed by their vessels in the last five (5) years and;

4.1.2.4 Respondent shall provide specifications that detail the capabilities and limitations of the proposed vessel.

Texas General Land Office -15- RFP No. 7402-MK

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Cost (40%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (30%); and

4.1.3.3 Proposed methodology and schedule for completion (30%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

It is the intent of the GLO to award a contract to the Respondent(s) determined to be ‘best value’. GLO reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award. An evaluation committee will be established to evaluate the responsive submittals. The committee will include employees of GLO and may include other impartial individuals who are not GLO employees. By submitting a response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. When considering best value and award, GLO reserves the right to set a minimum requirement regarding the weighted criteria listed in par. 4.1.3 above.

4.2 SHORT LIST

The GLO may develop a short list, i.e. the highest scoring respondents, of finalists after an initial evaluation of the Solicitation Responses. However, the GLO is not obligated to

Texas General Land Office -16- RFP No. 7402-MK develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.3 INTERVIEWS

The GLO may, but is not required to, conduct oral interviews with some or all Respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible twenty (20) points.

The score received for the oral interview will be added to the score received from the evaluation of a Respondent’s written proposal.

Respondents will be provided with notice of any such interview and an agenda will be provided to interviewees prior to the interview. Interviewees are responsible for their own presentation equipment. Failure to participate in the requested interview shall eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the interview.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for the BAFO shall be replaced by the BAFO scores.

4.5 CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the GLO Chief Clerk. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

Texas General Land Office -17- RFP No. 7402-MK

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

Texas General Land Office -18- RFP No. 7402-MK

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation;

and

Texas General Land Office -19- RFP No. 7402-MK

f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, schedule milestones, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three completed projects of similar type and size performed within the last five (5) years, preferably for federal, state and/or local government entities. Information provided shall include:

a. Client name;

b. Project description;

d. Total dollar amount of project;

e. Total project duration;

e. Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f. Client project manager name, telephone number, and e-mail address.

5.4 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to

Texas General Land Office -20- RFP No. 7402-MK comply with the terms of this provision may disqualify any Respondent. Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.5 VETERAN-OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

The GLO is committed to promoting business opportunities for State of Texas certified VetHUBs in compliance with 34 TAC §20.285 and 31 TAC §3.30, and the GLO accordingly makes a good-faith effort to increase VetHUB participation in its contracts by contracting directly with VetHUBs or indirectly through subcontracting.

It is the policy of the GLO to promote and encourage contracting and subcontracting opportunities for State of Texas certified VetHUBs in compliance with Texas Government Code, §2161.001-.253 and 34 TAC Rule §20.285. The GLO encourages eligible Respondents to become State of Texas certified VetHUBs. State of Texas VetHUB applications may be found at: https://texashub.gob2g.com. An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a VetHUB Subcontracting Plan (VetHSP) to be submitted with responses to this Solicitation.

5.6 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

https://texashub.gob2g.com/

Texas General Land Office -21- RFP No. 7402-MK

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal on the Contractor’s Proposal Form (CPF) located in Exhibit C, and return it with the other documents required of this Solicitation.

The Cost Proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting Contract.

Texas General Land Office -22- RFP No. 7402-MK

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or

Texas General Land Office -23- RFP No. 7402-MK other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO.

Respondent shall make any information required under the PIA available to the GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

Texas General Land Office -24- RFP No. 7402-MK

7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

7.2 INSURANCE

7.2.1 Required Coverages

For the duration of any contract resulting from this Solicitation, Contractor shall carry insurance for the duration of the contract, in accordance with and in the types and amounts indicated in the Sample Contract. The GLO, its officers, employees, and authorized agents shall be named additional insureds for all liability arising under the contract, except on Worker’s Compensation and Professional Liability policies. The required coverage is to be written with companies licensed in the State of Texas, with an “A-” rating or better from A.M.

Best, and authorized to provide the corresponding coverage. Work on any contract shall not begin until after Respondent has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

7.2.2 Alternative Insurability

Notwithstanding the preceding, the GLO reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the

Texas General Land Office -25- RFP No. 7402-MK

GLO alternative methods of insuring the contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The GLO shall be the sole and final judge as to the adequacy of any substitution form of insurance coverage.

7.3 PROTEST

Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with Title 31, §3.50 of the Texas Administrative Code.

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

Exhibit B, Sample Contract, is the standard contract form used by the GLO and includes the terms and conditions to which each Provider must substantially agree for the GLO to enter into a contract with Contractor; please carefully review the terms and conditions therein. The terms and conditions in Exhibit B are subject to modification by the GLO prior to the execution of any contract that may result from this Solicitation.