REQUEST FOR PROPOSALS NO. 580-26-RFP-0015

FOR

MAPPING AND LINE LOCATES FOR SMALL RURAL WATER UTILITIES

CLASS-ITEM CODE(S): 962-52 MAPPING AND GEOGRAPHICAL INFORMATION SYSTEMS

(GIS) SERVICES, INCLUDING CARTOGRAPHY AND SURVEYING SERVICES, NOT

AERIAL; 306-80 SURVEYING SYSTEMS, GEO SATELLITE NAVIGATION TYPE,

ENVIRONMENTALLY CERTIFIED PRODUCTS; 918-97 UTILITIES: GAS, WATER,

ELECTRIC CONSULTING; 961-85 UTILITY SERVICES, WATER; 961-91 WATER AND

PETROLUM PIPELINE SERVICES; 962-91 UTILITY LOCATOR SERVICE, UNDERGROUND;

968-91 WATER SUPPLY ANALYSIS, INFRASTRUCTURE ANALYSIS, WATER QUALITY

ANALYSIS AND LONG TERM PLANNING.

RELEASE DATE: JUNE 1, 2026

DEADLINE FOR SUBMISSION: JUNE 30, 2026, AT 5 P.M. CT

Solicitation Point of Contact:

Victoria De Leon Contract Specialist victoria.deleon@twdb.texas.gov

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, for any addenda to this Solicitation. Please search under Agency Code 580 (Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation mailto:victoria.deleon@twdb.texas.gov http://www.txsmartbuy.com/esbd

Version 1026 580-26-RFP-0015 Page 2 of 33

TABLE OF CONTENTS

SECTION I - OVERVIEW, DEFINITIONS AND AUTHORITY 3

SECTION II – SCOPE OF WORK 5

SECTION III – DELIVERABLES 7

SECTION IV – GENERAL INFORMATION 8

SECTION V – GENERAL TERMS AND CONDITIONS 12

580-26-RFP-0015 Page 3 of 33

SECTION I –OVERVIEW, DEFINITIONS AND AUTHORITY

1.1 OVERVIEW

The Texas Water Development Board (TWDB) requests responses to this Request for Proposals (RFP) for the award of one or more contract(s) to locate and map water lines for small rural water utilities.

The Project will include locating, identifying and mapping existing water distribution lines and associated infrastructure for small rural water utilities serving 1,100 or fewer customers.

Services may involve field verification using appropriate detection technologies, GPS data collection, and creation of accurate digital maps compatible with GIS platforms. Deliverables will include a final comprehensive report, georeferenced maps, and electronic files suitable for integration into the utility’s asset management system (if applicable).

TWDB will consider qualifications from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Content Item 1, Execution of Response to the Request for Proposals, and complete other items listed under 4.1.B, Contents, to be considered. Additional information on TWDB and its programs can be found at http://www.twdb.texas.gov.

1.2 DEFINITIONS

“ADA” means the Americans with Disabilities Act.

“Addendum” means a written clarification or revision to the Request for Proposals issued by the Texas Water Development Board. 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.

“Contract/Contract Documents” means all documents which govern this Solicitation and any resulting contract(s), including without limitation the Project Manual, this Solicitation, the Architect/Engineer’s specifications and drawings, any Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

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

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

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

“General Conditions” means those items and related costs that are specified in this document.

http://www.twdb.texas.gov/ http://www.txsmartbuy.com/esbd

580-26-RFP-0015 Page 4 of 33

“GIS” means geographic information system; a framework for capturing, storing, analyzing, and visualizing spatial or geographic data.

“GPS” means global positioning system; a satellite-based navigation system that provides location and time information anywhere on Earth.

“Key Staff” means experienced, professional and/or technical personnel who will have major responsibilities under the Contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

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

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

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

“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 Respondent’s entire response to this Solicitation, including all documents requested.

“SOQ” means Statement of Qualifications.

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

“Subcontracting Plan” (“SP”) means the form(s) required by Texas Government Code § 2161, Subchapter F; 34 Texas Administrative Code § 20.285 for each contract with an expected value of $100,000 or more. , in which Respondent must demonstrate a good faith effort to subcontract certified Veteran Hereos United in Business Vendors (VetHUBs).

“System” means Small Rural Water System.

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

“VetHUB” means Veteran Heroes United in Business vendors (VetHUBs). VetHUB is a for-profit business entity that has its principal place of business in Texas; is at least 51 percent owned;

580-26-RFP-0015 Page 5 of 33 actively managed and controlled by one or more service-disabled veterans; and is certified by the Texas Comptroller of Public Accounts. (As amended and adopted on May 12th, 2026; 34

TAC §§ 281-298).

1.3 AUTHORITY

TWDB is posting this Solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2155; Texas Water Code § 6.190; and Texas Water Code applicable chapter or section(s) of the Water Code Texas Water Code §§ 6.012 and 6.190.

1.4 BACKGROUND

As part of Senate Bill 1, Sec. 17.18, and enacted under House Bill 500, Sec 6.02 (c), the 89th Texas Legislature has directed the use of $4,750,000.00 in appropriated funds from the general revenue fund to the Texas Water Development Board for mapping and line locates for small rural water utilities servicing 1,100 or fewer customers.

Selected Contractor(s) will primarily perform field verification, GPS data collection and the creation of digital maps that document the location of existing water distribution lines. The final Contractor or pool of contractors selected will depend on the number and quality of responses received compared to the anticipated work to be performed.

TWDB plans to select Contractor(s) with expertise in areas including but not limited to:

mapping, surveying systems and GPS data collection, surveying and GIS software integration, geolocation of water line assets, water distribution lines, and work with rural water utilities.

SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The awarded Contractor(s) may be required to complete some or all of the following tasks:

1. Coordination with TWDB regarding system selection

• Solicit eligible rural systems to participate.

• Provide TWDB with a list of proposed eligible systems to receive the mapping and line locates as well as an estimate of the cost to perform the service. The list should also include backup systems should any selected systems decline participation.

• Continued monthly progress reports regarding list of eligible systems receiving the service.

2. Project planning and coordination

• Conduct a kickoff meeting with the utility to confirm project scope, schedule, and deliverables.

• Develop a detailed work plan outlining the methodology, equipment, and safety protocols.

3. Field investigation and water line location

• Use appropriate detection technologies to identify water distribution lines and water line connections to customers and any associated property easements.

• Verify line locations through physical inspection where feasible.

4. GPS data collection

• Collect precise geospatial coordinates for all located infrastructure using high-accuracy GPS equipment.

580-26-RFP-0015 Page 6 of 33

• Record attributes such as pipe material, diameter, depth, and condition when available.

5. Mapping and GIS integration

• Create accurate digital maps of the water system using GIS software.

• Develop georeferenced shapefiles and layers compatible with the utility’s asset management or GIS platform.

6. Data validation and quality assurance

• Perform QA/QC checks on all collected data to ensure accuracy and completeness.

• Resolve discrepancies between field data and existing records.

7. Reporting

• Prepare a final comprehensive report summarizing the methodology, findings, and if applicable, any recommendations for each individual rural water system.

• Include maps, data tables, and electronic files in formats specified by the utility (e.g., shapefiles, PDF maps).

8. Training

• Provide training to utility staff on how to access, interpret, and maintain the mapping data.

• Deliver user guides or documentation for ongoing system updates.

2.2 REQUIREMENTS

In accordance with Texas Government Code § 2156.007, respondents will be evaluated based on their ability, capacity, skill and experience to perform the required services. To ensure best value to the State, respondents must meet the following minimum qualifications. Failure to clearly demonstrate compliance with these requirements may result in disqualification.

Respondents to this RFP are required to demonstrate, at a minimum, the following:

A. Respondent must have a minimum of 5 years of experience in water resources, utility systems, planning, and geolocation of assets.

B. Respondent must demonstrate successful completion of at least 5 projects of similar size, scope, and complexity, particularly involving rural or small water utility systems.

C. Key personnel assigned to the project must have a minimum of 5 years of relevant experience.

D. Extensive knowledge of water resources, utility systems, planning, and geolocation of assets.

E. Ability to produce individualized deliverables tailored to each utility’s needs and capabilities.

F. Experience with geographical mapping software and technical expertise in data management.

G. Experience with rural water utility systems serving small populations.

H. Experience with asset management planning concepts and deliverables.

I. Experience with selecting and coordinating financial or technical assistance opportunities.

J. Experience with implementing consulting contracts.

K. Experience in performing field identification and location of water line assets.

L. Ability to effectively manage a project, including timelines, budgets, stakeholder communication, and extensive coordination.

580-26-RFP-0015 Page 7 of 33

2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondent. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

(a) Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors on the VetHUB Subcontracting Plan.

(b) Subcontracting must be at Respondent’s expense.

(c) TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between Contractor and Subcontractor(s) by TWDB.

(d) Respondent will be the only contact for TWDB and subcontractors. Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

2.4 CONTRACT TERM

The Service requested will start upon execution of one or more contract(s) and end on August 31, 2027, with potential extensions by amendment in one-year increments up to August 31, 2030.

2.5 COMPENSATION

The maximum total project cost will not exceed $ 4,750,000.00. TWDB anticipates that expenditures for this opportunity will be determined based on the rural system receiving the service, the level of field identification required, and the deliverable provided upon completion.

Failure to arrive at mutually agreeable terms of a contract with the most qualified Respondent will constitute a rejection of TWDB's offer and may result in negotiations with the next most qualified respondent. TWDB reserves the right to reject any or all responses.

2.6 LIQUIDATED DAMAGES

If a selected Contractor breaches its obligation to provide deliverables in accordance with the schedule in Section 3.1, the selected Contractor(s) agrees to pay TWDB $500.00 per day for each day of delay as liquidated damages. The parties agree that quantifying losses arising from a selected Contractor’s delay is inherently difficult, and stipulate that the sum agreed upon for liquidated damages is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the industry and the nature of the losses that may result from delay.

SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

A. A comprehensive final report with the work performed for the system, including instructions for accessing and maintaining the digital map data.

B. GIS-compatible digital maps containing the location of all located lines and any pertinent information regarding its component material.

C. Records of the selection of rural water systems for this mapping opportunity.

D. Project Timeline:

• Submit list of potential systems to receive the service on or before: November 30, 2026

• Begin line locating work on or before: December 30, 2026

• Closeout on or before: August 31, 2027

580-26-RFP-0015 Page 8 of 33

NOTE: The electronic copy of a final report(s) or other deliverable(s) must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/ Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility- Checklist-and-Certification-with-Instructions.pdf to demonstrate compliance and submit the completed form with the deliverable. Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

SECTION IV – GENERAL INFORMATION

4.1 RFP REQUIREMENTS

A brief transmittal letter summarizing the key points of the Request for Proposal (RFP) and signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. Where applicable, the response to each item, including attachments, must not exceed 24 pages. The cover page, attached resumes, or any other explicitly stated items noted in section B below will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy of the RFP as follows:

1) One (1) complete ORIGINAL RFP in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to Victoria De Leon at victoria.deleon@twdb.texas.gov

2) RFP pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the RFP. File size is limited to

100 MB.

3) Proposals must be clearly marked RESPONSE TO RFP 580-26-RFP-0015 B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFP. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFP will not be considered.

1) Item 1: Signed/dated Execution of Response to the Request for Proposals (one (1) page maximum)

2) Item 2: Company Profile Summary and History (two (2) pages maximum)

Response should include the following:

a. Company name, address, phone number, and legal status (corporation, partnership, joint venture, sole proprietorship).

b. Name and title of person submitting the response with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the response.

d. Describe the general nature of previous work, the number of years in business, size and scope of operation.

3) Item 3: Resumes of Individuals - Submit resumes for each individual (three (3) pages maximum per individual) who will work on the project.

Note: Resumes do NOT count towards total response page maximums.

https://www.w3.org/WAI/WCAG21/quickref/ https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf mailto:bid-room@twdb.texas.gov

580-26-RFP-0015 Page 9 of 33

4) Item 4: VetHUB Subcontracting Plan(s) (SP) Note: Subcontracting Plan(s) do NOT count towards total response page maximums and ARE REQUIRED (even if not applicable to submission).

5) Item 5: Name(s) for each person with at least 25 Percent Ownership of the Business Entity submitting the response to the RFP (one (1) page maximum)

6) Item 6: Prior Project Experience – Include the following items for each project description (eight (8) pages maximum):

a. Project Title

b. Client Organization Name, address, contact person, phone number, and email address. If experience describes subcontracted work, include both prime contractor and overall client information.

c. Project Start and End Dates, month and year.

d. Project Budget. If applicable, identify both study/design fees and construction fees.

e. Project Description

7) Item 7: Organizational Chart (one (1) page maximum) – Include role, name, and organization for each individual listed.

8) Item 8: Technical Approach (nine (9) pages maximum)

a. Technical approach for each of the following:

1. Selecting the eligible rural water systems.

2. Determining the line locating needs and capabilities of the rural water system.

3. Performing the line locating and mapping work.

4. Providing the final deliverables and training to the rural water system.

9) Item 9: A credible estimate of the number of small rural water systems your firm would be able to provide this service based on the not-to-exceed contract amount (two (2) pages maximum).

10) Item 10: Receipt of all addenda to this solicitation, if applicable, must be acknowledged by returning a signed copy each addendum with submitted response.

If there are not addenda, on the addendum tracking table, write “none,” sign, date and submit page with the response to confirm. (Note: addendum tracking table does not count towards the page count maximum)

NOTE:

1) Failure to return the required items with the response will result in rejection of your Request for Proposal.

2) Failure to abide by page limitations will result in rejection of your Request for Proposal.

3) TWDB will not be responsible for locating or securing information that is not included in your Request for Proposal.

4.2 SCHEDULE OF EVENTS

The solicitation process for this RFP will proceed according to the following schedule:

EVENT DATE (Central Daylight Time)

EVENT DATE/TIME

Solicitation Release Date June 1, 2026

580-26-RFP-0015 Page 10 of 33

Deadline for Submitting Questions June 10, 2026, at 5:00 p.m.

Anticipated Q&A Addendum Release Date June 17, 2026

Deadline for submission of Solicitation Responses [NOTE:

Responses must be RECEIVED by TWDB by the deadline.] June 30, 2026, at 5:00 p.m.

Anticipated Contract Start Date September 1, 2026 Contract End Date August 31, 2027

4.3 REVISIONS TO SCHEDULE

TWDB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondent(s) as an addendum posted on the Electronic State Business Daily.

4.4 RESPONSE SUBMITTAL

All submitted Solicitation Responses become the property of TWDB after the submittal deadline.

Solicitation Responses submitted constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs first.

4.5 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs incurred in the preparation and delivery of the Solicitation Response to TWDB.

4.6. TRAVEL EXPENSES

Any travel requirements under this Contract may include travel throughout the State of Texas to perform the tasks therein. Any travel expenses will be reimbursed in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

4.7 MEETINGS

Any meetings and or/conference calls will be held on regular business days, Monday through Friday, during regular business hours (8 a.m. to 5 p.m.) or on other mutually agreed dates and times.

4.8 INQUIRIES

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

Name: Victoria DeLeon Email : bid-room@twdb.texas.gov with a copy (CC) to victoria.deleon@twdb.texas.gov Subject: Ensure the RFP number is included in all correspondence.

B. Clarifications

TWDB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the contact listed above. Respondents’ names will be removed from questions https://fmx.cpa.texas.gov/fmx/travel mailto:bid-room@twdb.texas.gov

580-26-RFP-0015 Page 11 of 33 when the written answers are released. Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned

4) Question

5) Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is defined in Section 4.2 above.

C. Responses

All accepted questions will result in a written response posted to the ESBD at:

https://www.txsmartbuy.gov/esbd. Responses will be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses and submit a signed acknowledgement by the deadline

D. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 4.10 above, TWDB, 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, email, or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondents should rely only on written statements and information issued through or by TWDB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.9 RESPONSE EVALUATION AND AWARD

A. TWDB will make an award on the basis of best value to provide goods and services and whether specifications are met and required by Texas Government Code § 2155.074.

B. TWDB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

C. A committee will be established by TWDB (including TWDB employees) to evaluate the Request for Proposal.

The evaluation committee will determine best value by applying the following criteria:

POINTS

AVAILABLE

CATEGORY

Knowledge of water resources, utility systems, planning, and geolocation of assets.

10 Ability to produce individualized deliverables tailored to each utility’s needs and capabilities.

https://www.txsmartbuy.gov/esbd

580-26-RFP-0015 Page 12 of 33

10 Experience with geographical mapping software and technical expertise in data management.

10 Experience with rural water utility systems serving small populations.

10 Experience with asset management planning concepts and deliverables.

20 Experience with selecting and coordinating financial or technical assistance opportunities.

20 Experience with consulting contracts.

20 Experience performing field identification and locating assets.

10 Project and Schedule Management, Team Capacity, and

Quality Control.

10 Number of systems anticipated to be awarded work given the not to exceed price.

130 TOTAL

D. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary. Award of a contract may be made without a BAFO. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their response. A request for a BAFO is at the sole discretion of TWDB and will be extended in writing.

E. A Respondent’s performance will be measured by a Grade of A-F in the Texas

Comptroller’s Vendor Performance Tracking System. The selected Contractor(s) will be evaluated on performance both during and at the conclusion of the Contract. Prior VPTS grades will be considered in the selection process for this contract and future contracts. Contractor performance information is located on the CPA website at: http://www.txsmartbuy.com/vpts.

4.10 CONTRACT AWARD

It is the intent of TWDB to award one or more contract(s) under this Solicitation. An award notice will be sent to the selected Respondent(s). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the TWDB Executive Administrator.

Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFP will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.10.

Contractor is required to make any information created or exchanged with the state pursuant to this contract 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.

http://www.txsmartbuy.com/vpts

580-26-RFP-0015 Page 13 of 33

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any RFP that bears a copyright.

RFPs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a RFP must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to TWDB any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq. , and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01 et seq.

5.4 VETERAN HEROES UNITED IN BUSINESS PROGRAM

(VetHUB)SUBCONTRACTING PLAN It is the policy of TWDB to make a good faith effort to achieve the annual program goals by contracting directly with VetHUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, Subchapter F, and VetHUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC §§ 20.281-298.

Any contract(s) awarded as a result of this RFP must include reporting responsibilities related to Veteran Heroes United in Business Program (VetHUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised Subcontracting Plan (SP) to TWDB. Any change to a subcontractor and revised SP must be approved in writing by TWDB prior to implementation.

VetHUBs are strongly urged to respond to this RFP. Under Texas law, state agencies are required to make a good faith effort to assist VetHUBs in receiving certain percentages of the total value of contract awards.

ALL RESPONDENTS TO THIS RFP, INCLUDING THOSE THAT ARE VETHUB CERTIFIED

OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A

SUBCONTRACTING PLAN (SP) IN ACCORDANCE WITH THE STATE’S POLICY ON

UTILIZATION OF VetHUBs. THE SP MUST BE INCLUDED AS PART OF THE PROPOSAL TO

THIS RFP. FAILURE TO COMPLETE THE SP AS INSTRUCTED MAY RESULT IN

DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION. Please review the SP forms carefully and allow sufficient time to identify and contact VetHUBs and allow them to respond. Note that contractors must demonstrate a good faith effort to contract with new VetHUBs if currently proposed VetHUBs have performed as subcontractors to Contractor for more than five (5) years. If a Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the Contract awarded as a result of this Solicitation.

5.5 VetHUB RESOURCES AVAILABLE

A list of certified VetHUBs is available on the Texas Comptroller of Public Accounts (CPA) Web site at: https://mycpa.cpa.state.thspx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at StatewideHUBProgram@cpa.texas.gov.

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap1-sec1.htm https://statutes.capitol.texas.gov/Docs/BC/htm/BC.15.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:StatewideHUBProgram@cpa.texas.gov

580-26-RFP-0015 Page 14 of 33

If contractors know of any businesses that may qualify for certification as a VetHUB, they should encourage those businesses to contact the CPA HUB program office.

5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

A. Antitrust. Respondent represents and warrants that, in accordance with Texas Government Code § 2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of its proposal to any competitor or any other person engaged in the same line of business as Respondent.

B. Child Support Obligation. Under Texas Family Code § 231.006, Respondent certifies that the individual or business entity named in its proposal is not ineligible to receive the specified payment and acknowledges that any Contract resulting from this Solicitation may be terminated, and payment may be withheld if this certification is inaccurate. Any Respondent subject to Texas Family Code § 231.006 must include in the response the names and Social Security numbers of each person with at least 25 percent ownership of the business entity submitting the Response.

C. COVID-19 Vaccine Passport Prohibition. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the goods or services being supplied.

E. Debts and Delinquencies. Respondent agrees that any payments due under the

Contract will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

F. Energy Company Boycotts. Respondent represents and warrants that: (1) it does not, and will not for the duration of any Contract resulting from this Solicitation, boycott energy companies or (2) the verification required by Texas Government Code § 2276.002 does not apply to the Contract. If circumstances relevant to this provision change during the Contract, Respondent must promptly notify TWDB.

G. Entities that Boycott Israel. Pursuant to Texas Government Code § 2271.002, Respondent certifies that either (i) it meets one of the exemption criteria under § 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of

580-26-RFP-0015 Page 15 of 33 any contract resulting from this Solicitation. Respondent must state any facts that make it exempt from the boycott certification in its Response.

H. E-Verify Program. Respondent certifies that for contracts for services, Respondent will utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of: (1) all persons employed by Respondent to perform duties within Texas; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

I. Excluded Parties. Respondent certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

J. Executive Head of a State Agency. In accordance with Texas Government Code §

669.003, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of TWDB, (2) a person who at any time during the four years before the date of the contract was the executive head of TWDB, or

(3) a person who employs a current or former executive head of TWDB.

K. Financial Participation Prohibited. Pursuant to Texas Government Code §

2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full-time people and paid at least in part with public funds. It does not apply when such contracts are sole source or no-bid.

L. Firearm Entities and Trade Associations Discrimination. Respondent verifies that:

(1) it does not and will not for the duration of any contract resulting from this Solicitation, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Texas Government Code §

2274.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify TWDB.

M. Hardening of State Government. Respondent certifies that neither nor its holding companies or subsidiaries is: (1) listed in Section 889 of the 2019 National Defense

Authorization Act (NDAA); or (2) listed in Section 1260H of the 2021 NDAA; or (3) owned by the government of a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4; or (4) controlled by any governing or regulatory body located in a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4.

580-26-RFP-0015 Page 16 of 33

N. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, Respondent certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate.

O. Lobbying Prohibition. Respondent represents and warrants that TWDB’s payments to

Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Texas Government Code §§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

P. No Conflict of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

Q. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and

2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004.

Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is inaccurate.

R. Restricted Employment for Certain State Personnel. Pursuant to Texas Government

Code § 572.069, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the Contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

S. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

T. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of Respondent on its Response, Respondent qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444(c).

U. Buy Texas. Respondent agrees to comply with Texas Government Code § 2155.4441, requiring the purchase of products and materials produced in the State of Texas when performing service contracts.

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5.7 INDEMNIFICATION

RESPONDENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF

TEXAS AND TWDB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY

AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED

COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM

ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES,

SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN

THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE

ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE MUST BE COORDINATED BY

RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND RESPONDENT MAY

NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM

THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND TWDB AGREE

TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

5.8 ADDITIONAL TERMS

Any terms and conditions attached to your Response will not be considered unless specifically referred to in the Response.

5.9 DISPUTE RESOLUTION

The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by TWDB and Respondent to attempt to resolve all disputes arising under any contract resulting from this Solicitation.

5.10 EXCESS OBLIGATIONS PROHIBITED

Any contract resulting from this Solicitation is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds.

5.11 PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, Respondent is required to make any information created or exchanged with the State pursuant to the Solicitation or Contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

5.12 GOVERNING LAW AND VENUE

Any contract resulting from this Solicitation will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under a contract resulting from this Solicitation is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to TWDB.

5.13 ETHICS

Under Texas Government Code Section 2155.003, an individual who interacts with public purchasers in any capacity is required to adhere to the guidelines Under Texas Government Code § 2155.003, an individual who interacts with public purchasers in any capacity is required

580-26-RFP-0015 Page 18 of 33 to adhere to the Ethics Laws and Professional Standards in the State of Texas Procurement and Contract Management Guide, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of TWDB or purchasers of other state agencies.

Specifically, a TWDB employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

5.14 FRAUD STATEMENT

Respondents understand that TWDB does not tolerate any type of fraud. TWDB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Contractors are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency’s Internal Audit division at 512-463-7978 or Nicole.Campbell@twdb.texas.gov.

5.15 CONFLICT OF INTEREST

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under any Contract resulting from this Solicitation. For this reason, the submission in response to this RFP must disclose all business interests and all relationships that could reasonably be considered to pose possible conflicts of interest in Respondent’s performance of the contract obligations. In addition, respondents must represent and warrant in the response to this RFP and in the Contract that in the performance of services under the Contract, (1) Respondent does not have and will not have any actual or potential conflict of interest, and (2) Respondent will take whatever reasonable actions may be necessary and prudent to avoid even the appearance of impropriety.

5.16 RIGHT TO AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under a contract or indirectly through a subcontract under the Contract. The acceptance of funds under a contract or subcontract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

5.17 CONTRACT ADMINISTRATION

TWDB will designate a project manager for the Contract. The project manager will serve as the point of contact between TWDB and the selected Contractor(s). The TWDB project manager will supervise TWDB's review of Contractor’s technical work, deliverables, draft reports, final report, payment requests, schedules, financial and budget administration, and similar matters.

The project manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way, or waive strict performance of the terms or conditions of the Contract.

https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php mailto:Nicole.Campbell@twdb.texas.gov

580-26-RFP-0015 Page 19 of 33

5.18 CONTRACT AMENDMENT/TERMINATION

Any contract resulting from this Solicitation may be altered or amended by mutual written consent or terminated by the Executive Administrator at any time by written notice to Contractor.

Upon receipt of such termination notice, Contractor must, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of the Contract and promptly cancel all existing orders chargeable to the Contract. Contractor must submit a statement showing in detail the work performed under the Contract to the date of termination.

TWDB will pay Contractor for the work actually performed under the Contract, less all payments that have been previously made. Thereupon, copies of all work accomplished under the Contract must be delivered to TWDB.

5.19 STOP WORK ORDER

The Executive Administrator may issue a Stop Work Order to Contractor at any time. Upon receipt of such order, Contractor must discontinue all work under the Contract and cancel all orders pursuant to the Contract, unless the order directs otherwise. If the Executive Administrator does not issue a Restart Order within 60 days after Contractor of the Stop Work Order, the Contract is terminated in accordance with the foregoing provisions.

5.20 DISASTER RECOVERY PLAN Upon request of TWDB, Respondent must provide descriptions of its business continuity and disaster recovery plans.

5.21 DEFAULT

If Contractor is found to be in default under any provision of the Contract, TWDB may cancel the Contract without notice and either re-solicit or award the Contract to the next best responsive and responsible Respondent. In the event of abandonment or default, Contractor will be responsible for paying damages to TWDB, including but not limited to re-procurement costs, and any consequential damages to the State of Texas or TWDB resulting from Contractor’s non-performance. The defaulting contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specification or scope of work is significantly changed.

5.22 FORCE MAJEURE

Neither Respondent nor TWDB will be liable to the other for any delay in or failure of performance of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure will extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform.