Texas Commission on Environmental Quality P.O. Box 13087, MC 182

Austin, Texas 78711-3087

Addendum Number 4 Solicitation 582-27-40030

Central File Room Operations and Records Management Support June 2, 2026

UPDATED RESPONSE DUE DATE: June 10, 2026 no later than 2:00PM CT

Important Notice to Vendors:

This addendum is issued to provide changes and/or clarifications to the Solicitation, including extending the due date for Responses from June 5, 2026 to June 10, 2026 at no later than 2:00PM CT.

ISSUED BY:

Stacy Thompson, Contract Specialist Date

Note to Respondent: Respondent is requested to acknowledge receipt of this addendum by signing and dating on the space below, and including this page along with your response. Responses may be considered non-responsive if this cover page is not signed and returned. To view the solicitation package, visit the Texas Marketplace website at http://www.txsmartbuy.com/sp.

Signature/Date

582-27-40030 CFR Addenda 4 Page 1 of 9 http://www.txsmartbuy.com/sp

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SOLICITATION CHANGES

1. In Section 3.1.2 CFR Central Viewing Area (CVA) of the Scope of Work, “consecutive” is deleted. Section 3.1.2 now reads:

3.1.2 CFR Central Viewing Area (CVA)

The CVA, located in Building E, Room 103, is for use by TCEQ staff and the public to view TCEQ files during normal CFR Business Days or other working days.

The CVA contains equipment allowing customers to view and/or print records in microfilm/microfiche, as well as copiers for self-service copying of up to one hundred and fifty (150) pages. Customers requesting copying that exceeds one hundred fifty (150) pages are required to submit a Public Information Request (PIR) for the information, as a cost is required to be paid.

2. In Section 3.1.4 CFR Equipment of the Scope of Work, the following is added as the last sentence in the first paragraph:

The following bulleted items apply to TCEQ-owned equipment.

3. In Section 3.1.4 CFR Equipment of the Scope of Work, the fourth bullet is replaced with:

• Equipment that has been damaged by Contractor misuse or negligence shall be repaired at the Contractors’ expense.

4. Paragraph 5 of Section 3.1.5 Emergency Hours of Operation of the Scope of Work is replaced with:

Emergency after-hours Work at the CFR required by TCEQ will be ordered as emergency Special Projects. The percentage multiplier in Part C of the Price Form will be applied to the Part B Special Project hourly prices and the Part A “per page” prices to determine the prices to be paid for emergency work as herein defined (this includes both hourly rates and “per page” rates work included in emergency-related Special Projects Task Orders). No other surcharge will be paid for Special Projects Task Orders for emergency work.

5. Section 5.5 Contractor-Performed Special Projects of the Scope of Work now reads:

TCEQ may require Contractor to perform Work in addition to the Work performed under the base contract. Special Projects will be billed at either the hourly rates or fixed rate prices listed in Part B of the Price Form.

Contractor may request approval to use current staff for Special Projects if their current position is filled and there is no disruption to contracted services. Approval must be provided by the TCEQ PM/RMC.

TCEQ will issue a Task Order indicating to Contractor the Work to be performed. Some Special Projects will require Contractor to submit a Work Plan and/or budget for completing the Work. See Procedures for Task Orders. Contractor must provide separate invoices for each Special Project. Contractor must also submit employee timesheets or appropriate records as specified in Part B of the Price Form.

6. Paragraph 1 of EXHIBIT E: TCEQ SUPPLIED EQUIPMENT LIST now reads:

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Capitalized Assets: A 100% (one hundred percent) inventory of capitalized items (items having a single unit value of $10,000.00 (ten thousand dollars and no cents) or greater and an estimated useful life of more than one year) will be conducted jointly with the TCEQ Contract Manager, or his/her designee, promptly after the completion of the transition period, or within 30 (thirty) days of the start of the contract if there is no transition period, and at least annually thereafter. Upon completion of the inventory, the Contractor shall sign the inventory listing. The Contractor takes responsibility for Capitalized Assets upon the latter of: The Contractor signs the inventory (which must be before or promptly upon taking primary responsibility for CFR functions); or the day Contractor assumes primary responsibility for CFR functions.

7. In Section C. of the Evaluation Criteria, the fourth and fifth bullets are replaced with:

• Disaster Recovery and Business Continuity of Operations Plan (COOP); See Section 6.2.

Provide a general explanation of how the COOP will be prepared and what experience the Responder has in preparing COOPs.

• Quality Assurance / Quality Control (QA/QC) procedures for performing the Work; See Section 6.9 and Exhibit F. Provide a general explanation of Responder’s processes for determining and implementing QA/QC procedures and what experience the Responder has in QA/QC.

8. In Section D. of the Evaluation Criteria, the corresponding paragraph is replaced with the following:

The Price Form requires the Annual Contract Price for Administration and the Annual Contract Price for Circulation. When the amounts are added together, they are the total fixed price for all services set out in the Scope of Work (except Special and Emergency projects). (See the Responder Special Instructions and the Price Form for options to submit for a reduced Scope of Work.) As stated above, the total price must be a fully loaded, firm, fixed price for all services performed per year (twelve-month period). In order for TCEQ to evaluate your price, you must also provide a detailed description of the Work you expect to perform under this Contract, if awarded. The detailed description shall be provided in the Technical Approach section.

9. Section 1. Liquidated Damages of the Special Terms and Conditions is replaced with the language in Attachment 1 to this Addendum.

10. The following is added as Section 16. of the Special Terms and Conditions:

TCEQ may unilaterally add Federal terms and conditions and forms (to be completed by Contractor) into the Contract so that TCEQ may fund all or part of the Contract with federal funds.

11. The Price Form, including all parts (Part A, Part B, and Part C) is replaced with the version attached to this addendum as Attachment 2.

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ATTACHMENT 1:

UPDATED SPECIAL TERMS AND CONDITIONS - LIQUIDATED DAMAGES

1. LIQUIDATED DAMAGES. TCEQ and Contractor recognize that time is of the essence in this Contract and that TCEQ will suffer financial loss if the Work is not completed within the times specified. The parties also recognize the delays, expense and difficulties involved in proving the actual loss suffered by TCEQ if the Work is not completed on time. Accordingly, instead of requiring any such proof, TCEQ and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay TCEQ damages as set forth in this section. TCEQ’s right to assess these liquidated damages may only be waived by TCEQ in writing. Any waiver shall be limited to the event set out in the waiver and will not act as a general waiver for future events.

Although references to specific sections of the Contract are included below, applicable requirements may also be set forth elsewhere in the Contract. Days are counted as business days unless stated otherwise. In Section 1 of the Special Terms and Conditions, the fixed monthly amount for this Contract means the Annual Contract Price for Administration plus the Annual Contract Price for Circulation, which is then divided by twelve. The fixed quarterly amount means the fixed monthly amount multiplied by three.

1.1 Liquidated damages equal to two and one-half percent (2.5%) of the fixed monthly amount for this Contract may be assessed daily by TCEQ for each instance the Contractor fails to locate and deliver requested files within timeframes specified in the Scope of Work, Contractor Tasks and Associated Requirements, Circulation (Section 5.2).

1.2 Liquidated damages equal to two and one-half percent (2.5%) of the fixed monthly amount for this Contract may be assessed daily by TCEQ if the Contractor fails to receive and process all files submitted by TCEQ program staff in accordance with Scope of Work, Contractor Tasks and Associated Requirements, Imaging (Section 5.3) and Contractor Deliverables, Deliverables for Processing CFR Records (Section 6.3).

1.3 Liquidated damages equal to 2.5% (two and one-half percent) of the fixed monthly amount may be assessed by TCEQ if there are three (3) or more instances of the following instances occurring in the month:

• Contractor contributes a record into TCEQ’s ECM with incorrect document coding. An incorrect code is one in which Contractor data entry does not correspond to the correct code provided. Coding values include essential filing data such as the records series, the primary, secondary, and tertiary IDs, and document title.

• Contractor fails to QA/QC an imaged record in accordance with the Scope of Work, Contractor Tasks and Associated Requirements (Section 5), Imaging Records (Exhibit F), the TCEQ Records Management Manual (Exhibit M), and Contractor’s approved Work Plan.

• Contractor fails to appropriately dispose of a record in accordance with TCEQ’s Record Retention Schedule, in accordance with TCEQ’s disposition process, in accordance with the Scope of Work, Contractor Tasks and Associated Requirements, Disposition of CFR Records (Section 5.1.3.3), and Contractor’s approved Work Plan.

• Contractor fails to maintain the integrity and security of all property, including records, equipment and supplies under this Contract, in accordance with the Scope of Work, Contractor Tasks and Associated Requirements, Maintain and Protect Records and Equipment (Section 5.1.4).

• Contractor fails to notify TCEQ by letter of the names of any new personnel filling Key Personnel positions in accordance with the Scope of Work, Contractor-provided

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Resources, Key Personnel (Section 4.1) and/or Scope of Work, Contractor Deliverables, Staffing Deliverables (Section 6.10).

• Contractor fails to assist a customer within 15 minutes of the customer entering the Customer Viewing Area during business hours in accordance with the Scope of Work, Contractor Tasks and Associated Requirements, Circulation, Manage the CFR Customer Viewing Area (CVA) (Section 5.2.1).

• Contractor fails to submit monthly or weekly status report to TCEQ in accordance with the Scope of Work, Contractor Deliverables, Reports (Section 6.6).

1.4 Liquidated damages equal to two and one-half percent (2.5%) of the fixed quarterly amount may be assessed by TCEQ for each instance in which ten percent (10%) or more of the customer surveys received in a quarter had responses that indicate, and/or the TCEQ Contract Manager finds:

• The Central File Room staff were not professional, courteous and available to assist the customers.

• The Contractor does not report issues with facilities or equipment in the CVA which results, or could likely result, in the Contractor not meeting the customer’s needs.

• The overall satisfaction rating of a customer’s visit to the Central File Room was fair or poor.

• Contractor can appeal decision to the above findings by submitting relevant documentation to the PM/RMC.

1.5 Liquidated damages equal to two and one-half percent (2.5%) of the fixed monthly amount for this Contract may be assessed by TCEQ for each instance the Contractor improperly releases confidential information, including publishing a record to the ECM public viewer that contains confidential information.

1.6 In accordance with the Scope of Work, Contractor Tasks and Associated Requirements, Document Review and Redaction (DRR) Processing (Section 5.4), liquidated damages equal to two and one-half percent (2.5%) of the fixed monthly amount for this Contract may be assessed by TCEQ for each instance that the result of a TCEQ-conducted quarterly performance assessment shows that more than ten percent (10%) of the total number of files reviewed/redacted in a month were not published within 30 days after review/redaction was completed.

1.7 The liquidated damages do not affect any other remedies that are available to TCEQ for any damages that: (1) are caused by breaches not included in these liquidated damages clauses, or (2) caused by breaches for which liquidated damages provided for in these liquidated damages provisions are found to be unenforceable.

1.8 The parties further agree that TCEQ may determine that a series of repeated breaches of contract requirements otherwise covered by this clause constitute a separate damage not covered by this clause and therefore TCEQ may pursue other available remedies in the event of a series of repeated breaches of these contract requirements.

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ATTACHMENT 2:

PRICE FORM

(to be filled out by Responder and submitted as part of its Response)

PRICE FORM

Place behind TAB 5 in the Response.

Proposer must submit firm fixed prices for each item listed, unless Responder is submitting a reduced Scope of Work only. Responders proposing for the entire Scope of Work may identify items in their Response which they believe would be good candidates for inclusion or elimination in a reduced Scope of Work. TCEQ may authorize reimbursement of specifically described necessary costs for items not on the Price Form, if the authorization is made in writing prior to the Contractor incurring the cost.

The Price Form requests Annual Contract Prices for Administration and Circulation for all services set out in the Scope of Work for Part A of the Price Form (excluding Special and Emergency projects). As stated above, the Annual Contract Prices must be fully loaded, firm, fixed prices (including labor) for all services performed per year (twelve-month period).

If a Responder prefers to propose for a reduced Scope of Work only, it may do so. A proposal for a reduced Scope of Work will not be scored in the first round. A proposal for a reduced Scope of Work will be considered only if TCEQ determines that reducing the Scope of Work would be in the best interest of the state. If TCEQ opens BAFO negotiations and determines that a reduced Scope of Work of the nature proposed by such a Responder might be in the state’s best interest and Responder’s proposed prices for that reduced Scope of Work are in the competitive range, TCEQ will invite that Responder to BAFO negotiations. A reduced Scope of Work should not be submitted for emergency Work or Special Projects only.

In order for TCEQ to evaluate your price, you must also provide a detailed description of the Work you expect to perform under this Contract, if awarded. The detailed description shall be provided in the Technical Approach section (Tab 4).

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Price Form / Part A: Base Contract

Per page pricing must include all Work to perform that function, e.g. for Imaging this includes prep, scanning, quality control, uploading to ECM, and document destruction.

When preparing your pricing, you should consider the estimated annual figures listed in CFR Expectations (Exhibit C). All prices include labor.

Description

Unit of Measure

(UOM)

**Initial Term:

09/01/2026 - 08/31/2028

1st Renewal Option:

09/01/2028 – 08/31/2029

2nd Renewal Option:

09/01/2029 – 08/31/2030

3rd Renewal Option:

09/01/2030 – 08/31/2031

Annual Contract Price for Administration per SOW Section 5.1*

YEAR $ $ $ $

Annual Contract Price for Circulation per SOW Section 5.2*

YEAR $ $ $ $

Paper Image / Standard Size - Per page processing paper records imaging, max size 12x17.

PAGE $ $ $ $

Paper Image / Oversize - Per page processing paper records, larger than 12x17 inches, up to 44 inches wide.

PAGE $ $ $ $

Microform Imaging - Per page processing microform conversion]

PAGE $ $ $ $

Document Review and Redaction per SOW Section 5.4

PAGE $ $ $ $

Transition In Period Price per SOW Section 7.1

LOT

Transition Out Period Price per SOW Section 7.2

LOT $ $ $ $

*The Annual Contract Prices are the prices for completing all Work in the Scope of Work for one year (12 months) (exclusive of Special and Emergency projects). These amounts will be paid to Contractor on a monthly basis determined by dividing the Annual Contract Prices by 12.

**If the awarded vendor is not the contractor for TCEQ Contract #582-22-40030 (invoiced under 582-23-40030), then (a) the awarded vendor will be paid the Transition In Period Price for the period of 9/1/2026 through 10/31/2026, and (b) for each of the months of November 2026 through August 2027, the awarded vendor will be paid monthly based on the amounts in the Initial Term column for the Annual Contract Prices for Administration and Circulation divided by 12.

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Price Form / Part B: Hourly Rates and Fixed Prices for Special Projects

This portion of the Price Form sets forth rates to be used in the event that TCEQ requests Special Projects. Special Project Work will be requested through a Task Order and billed at the hourly rates and fixed prices set forth below, subject to the agreed maximum quantities and total amount for that Task Order.

When imaging or redaction is performed as part of a Special Project Task Order, it will be paid at the per page rates and not at the labor rates.

Hourly Rates:

Position/Title

Responder’s Alternative

Title UOM

Initial Term:

09/01/2026 - 08/31/2028

1st Renewal Option:

09/01/2028 – 08/31/2029

2nd Renewal Option:

09/01/2029 – 08/31/2030

3rd Renewal Option:

09/01/2030 – 08/31/2031

Project Manager HOUR $ $ $ $

CFR Administrator HOUR $ $ $ $

Records Retention Analyst HOUR $ $ $ $

Electronic Records Manager HOUR $ $ $ $

Circulation Supervisor HOUR $ $ $ $

Technical Support Analyst HOUR $ $ $ $

Record Specialist HOUR $ $ $ $

Customer Service Representative HOUR $ $ $ $

Record Clerk HOUR $ $ $ $

Delivery Clerk HOUR $ $ $ $

Team Lead HOUR $ $ $ $

Hourly rate to manage subcontractor for special projects per Section 5.5

HOUR

Hourly rate to Quality review third-party vendor work / Imaging

HOUR

Hourly rate to Quality review third-party vendor work / DRR

HOUR

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CFR Addendum 4

P.O. Box 13087, MC 182

Austin, Texas 78711-3087

Fixed Rate Prices for Special Projects

When a Special Projects Task Order includes imaging or redaction or any other activity for which there is a “per page” unit price (imaging, microform imaging, or document review and redaction), that activity must be charged at the “per page” unit price shown in Part A. Labor necessary to perform the activity charged at a “per page” unit price is considered part of the “per page” item and must not be included in the “hourly rates” charges for a Special Projects Task Order.

If Contractor believes that a Special Projects Task Order includes requirements that will cause its “per page” labor to be significantly more costly than it should reasonably have expected at the time the Contract prices were agreed to by contract, it may request a surcharge on the “per page” rates for that Special Projects Task Order. Contractor must include justification for the surcharge in its request (for example, a discussion of the reasons why the “per page” labor should reasonably be expected to be more costly, and evidence supporting the surcharge amount requested). If TCEQ agrees that the Special Projects Task Order requirements should reasonably be expected to increase Contractor’s “per page” labor costs, TCEQ may agree to all or part of the requested surcharge for that particular Special Projects Task Order. TCEQ may take other actions provided for under the Contract respecting that Special Projects Task Order, such as canceling it or modifying the requirements.

Record Keeping for Staff Assigned to Special Projects

For all staff assigned to Special Projects Task Orders, Contractor must maintain records, to be made available to TCEQ upon TCEQ request, that show how much of each staff person’s time worked was on a Special Project for activities to be billed at hourly rates, and how much of that staff person’s time worked was for activities not billed at an hourly rate. Activities not billed at an hourly rate include: any labor for “per page” activities (imaging, document review and redaction, and any other activities billed on a “per page” basis); any Administration and Circulation activities; and activities not properly billed to TCEQ.

Part C / Emergency Rates Percentage Increase: ________%

The percentage inserted above will be applied to the Part B Special Project hourly prices and the Part A “per page” prices to determine the prices to be paid for emergency work as defined in the Scope of Work. No other surcharge will be paid for Special Projects Task Orders for emergency work.

Important Notice to Vendors: