ESBD_521323_1780504257587_802-26-76105_Aerial_Gunning_RFP_FINAL.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-26-76105

Helicopter Aerial Gunning

NIGP Class/Item: 905-28

RFP Issue Date: June 3, 2026 Questions Due: June 12, 2026 @ 2:00PM, CST Proposal Due

Date:

June 18, 2026 @ 2:00PM, CST

Purchaser: Melissa Long, CTCD Purchasing.BidBox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFP.

mailto:Purchasing.BidBox@tpwd.texas.gov

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Aircraft and Pilot Requirements

7. Scope of Work and Specifications

8. Contractor Requirements

9. Performance Measures

10. TPWD Responsibilities

11. Adding New Products/Services to Contract After Award

12. Modifications of Contract Terms and/or Amendments

13. Insurance

14. Subcontracting

15. VET HUB Subcontracting Plan

16. Contract Administration

17. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

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4. Proposal Submission

5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT B – PRICE SHEET

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT F – EQUIPMENT LIST

EXHIBIT G – CERTIFICATE(S)/LICENSE(S)

EXHIBIT H – SAFETY RECORDS

EXHIBIT I – TECHNICAL PROPOSAL

EXHIBIT J – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – AIRCRAFT SAFETY BRIEFING CHECKLIST

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1 Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish blanket contract(s) for statewide Helicopter Aerial Gunning in the state of Texas. Services will be performed on an “as-needed” basis in accordance with the scope of work and terms and conditions as set forth herein.

1.2 Contractor(s) shall provide all aircraft, pilots and personnel, equipment, consumables to include fuel, and any other need necessary or incidental to complete successful survey operations.

2. BACKGROUND

2.1. Aerial gunning services are needed to lethally remove exotic ungulates, predators, feral animals and other species when deemed necessary as part of the restoration and management of native species.

2.2. Predator management efforts will be focused on reducing coyote and to some degree bobcat numbers during winter and spring, the most critical time for translocated pronghorn survival and fawn production. We will treat pronghorn management areas using helicopter aerial gunning prior to translocations (and peak fawning period) in the Marfa Plateau, Marathon Basin, northern Hudspeth County, and 2–3 areas in the northern Panhandle.

2.3. The discovery of Mycoplasma ovipneumoniae (M. ovi) in aoudad populations inhabiting most of the historical desert bighorn sheep mountain ranges in the Trans-Pecos poses a disease threat to desert bighorn sheep populations and future restoration efforts.

Additionally, high aoudad densities increase the resource competition potential with native ungulates. Furthermore, transient aoudad populations on the Trans-Pecos WMAs have led TPWD managers to increase efforts to guard Elephant Mountain from aoudad ingress. This desert landmark is home to the state brood stock of desert bighorn sheep, which TPWD relies heavily on this resource to continue bighorn sheep restoration efforts throughout the Trans-Pecos region of Texas. Therefore, aerial gunning efforts are necessary to reduce exotic populations and to sample lethally removed animals for disease. To efficiently accomplish this task, TPWD uses a contract private helicopter company to intermittently fly TPWD staff for the purpose of exotic animal removal.

3. SOLICITATION METHOD AND INTENT

3.1 The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, approach, and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare, and evaluate responses based on the criteria and weights identified in this RFP.

3.2 It is TPWD’s intent to award multiple contracts for future projects “as needed” for Aerial Gunning efforts.

TPWD will evaluate proposals and award the initial project as determined to be the best value and in the best interest of the State. After initial project award, TPWD will identify individual projects as they become available by issuing a Scope of Work detailing the work to be performed, the service schedule, and the service location for each project, and request proposals from awarded vendors. TPWD will select a contractor that is determined to provide the best value to the agency for each project. It is TPWD’s sole

RFP No. 802-26-76105 Page 5 of 56 discretion to determine best value. A purchase order will be issued to include a scope of work, the work schedule, and the location.

3.3 Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date.

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

4. CONTRACT TERM

4.1 INITIAL CONTRACT TERM: The contract shall commence on September 1, 2026 and continue through August 31, 2028, unless sooner terminated under the terms of the contract.

4.2 RENEWAL OPTION: Contract may be renewed for up to three (3) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes. If renewal options are exercised, TPWD will provide the new timeline and delivery schedule to the vendor.

4.3 CONTRACT EXTENSIONS: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be under the same terms and conditions, plus any approved changes.

4.4 TERMINATION: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

4.5 AMENDMENTS: The contract may be amended in writing with the mutual consent of the parties by the issuance of a contract amendment document. Any amendments shall be within the original scope of services outlined herein and may not substantially alter the original specifications.

4.6 QUANTITIES: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. Unless this RFP states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

TPWD will only pay for actual goods or services performed.

4.7 BILLABLE RATE: The quoted hourly rate is inclusive of all hours flown while conducting gunning operations, flying to and from the base of operation, and refueling. Contractor is responsible for all other costs associated with the successful completion of the work contained herein such as gunners, guns, and ammo.

4.7.4 Flight or ferry time for the following will not be paid:

4.7.4.1 From the Pilot’s home base to the starting work area or any ground support expenses.

4.7.4.2 From the ending work area and the pilot’s home base.

4.8. GLOSSARY:

4.8.1 BAFO: Best and Final Offer

4.8.2 CFR: Code of Federal Regulations

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4.8.3 FAA: Federal Aviation Administration

4.8.4 FAR: Federal Aviation Regulation

4.8.5 GPS: Global Positioning Satellite

4.8.6 RFP: Request for Proposal

4.8.7 SIR: Self-Insured Retention

4.8.8 TPWD: Texas Parks and Wildlife Department

4.8.8 WMA: Wildlife Management Areas

5. QUALIFICATIONS AND EXPERIENCE

5.1 MINIMUM QUALIFICATIONS AND EXPERIENCE: Respondent (and awarded contractor) shall meet the following minimum qualifications:

5.1.1 Contractor shall be engaged in the business of performing helicopter wildlife/livestock services including aerial gunning in mountainous terrain at altitudes ranging from 3,000 to 7,000 feet above sea level for a minimum of five (5) years. Recent start-up businesses do not meet the requirements of this solicitation. A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.

5.1.2. Contractor shall have available the necessary qualified personnel, skills, qualifications, organization, facilities, aircraft, and equipment to fulfill all requirements under this RFP and any resulting contract. Contractor shall provide safety record and references from other state and federal game agencies, landowners, ranch managers, etc., in performing safe and effective low-level, high altitude, and mountainous terrain aerial operations.

5.1.3. Pilot must have a minimum of 2,000 hours, pilot-in-command (PIC) in helicopters, of which 1,000 or more hours are logged conducting aerial gunning in mountainous terrain. Appropriate documentation is requested on Exhibit G – Certificate(s)/License(s). Contractor shall comply with all Federal Aviation Administration (FAA) rules and regulations with respect to aircraft inspections and safety maintenance as required in a certified FAA Air Taxi Operation. The contracting business must possess an FAA Commuter or On Demand Operator Certificate (14 Code of Federal Regulations (CFR) Part 135 Certificate, Air Carrier and Operator Certification) for gunning projects. The business must adhere to all standards of safety and aircraft maintenance required by these certificates. Respondent shall supply copies of this documentation that is current and valid throughout the entire contract period on Exhibit G – Certificate(s)/License(s).

5.1.4. Pilots must have a valid FAA Commercial Pilot License with current medical certificate and Visual Flight Rules listed below and must be approved under an Operator Air Carrier Certificate under part Federal Aviation Regulation (FAR) 135. Pilot must also meet flight currency requirements allowing flight carrying passengers in the following conditions:

5.1.4.1. Visual Flight Rules (VFR) day;

5.1.4.2. VFR night.

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5.1.5. Contractor personnel (gunners) involved directly in gunning operations must have prior experience in safely aerial gunning coyotes, aoudad, feral hogs, etc.

5.1.6. Contractor shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

5.1.7. Once the pilot is approved by TPWD, no changes shall be made without prior written permission from TPWD.

5.1.8. Supporting documentation: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References, Exhibit F – Equipment List, and Exhibit G – Technical Proposal with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

6. AIRCRAFT AND PILOT REQUIREMENTS

6.1 AIRCRAFT REQUIREMENTS: Respondent shall use aircraft that meet the following minimum requirements:

6.1.1 Contractor shall be responsible for providing aircraft for low level flying to safely and effectively aerially gun in areas designated by TPWD personnel. Aircraft shall be a turbine helicopter such as Hughes 500E, Hughes MD 500E, Hughes MD 530F, Bell 206, Robinson R66, or TPWD approved helicopter in TPWD’s determination for aoudad gunning missions. A Robinson R44 Raven II can be used in lower elevation pronghorn country during coyote gunning operations or when deemed safe and appropriate in specific aoudad removal efforts to ensure sufficient power and maneuverability is available for the flight conditions, location, and temperature. When appropriate 2 helicopters may be needed to increase efficiency and effectiveness.

6.1.2 All aircraft provided under the contractor must meet FAA regulations and standards as stipulated in Federal Aviation Regulation (FAR), Part 135. During the entire contract period, aircraft must be maintained per the maintenance requirements of FAR, Part 135.

6.1.3 A global positioning system (GPS) is required to load project areas into the aircraft’s GPS.

6.1.4 An operable radio for FAA communication is required as well as an emergency locator transmitter.

6.2 PILOT REQUIREMENTS:

6.2.1 Pilot must have a valid FAA Commercial Pilot License with current medical certificate and must be approved under an Operator Air Carrier Certificate under FAR, Part 135. Appropriate documentation is requested on Exhibit G – Certificate(s)/License(s).

6.2.2 Pilot must have a minimum of 1,000 hours of flight time conducting wildlife-oriented work, and specifically at least (5) years of experience in performing aerial gunning of coyotes, aoudad, feral hogs, etc.

6.3 SUPPORTING DOCUMENTATION: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References, Exhibit F – Equipment List, Exhibit G – Certificate(s)/License(s), and Exhibit H – Safety Records with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.).

7. SCOPE OF WORK AND SPECIFICATIONS

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CONTRACTOR SHALL SAFELY COMPLETE AERIAL GUNNING OPERATIONS IN ACCORDANCE WITH

THE FOLLOWING SPECIFICATIONS.

7.1. Scope: Contractor shall provide helicopter, personnel, equipment, consumables, guns, ammo, and radios to conduct aerial gunning operations within the Trans-Pecos and Panhandle pronghorn management areas in the state of Texas during winter (December–March) and spring (April/May) and on “as needed” basis as determined by TPWD to lethally remove coyotes. In addition, aoudad aerial gunning will occur monthly at Elephant Mountain WMA to protect the bighorn sheep herd from disease transmitted by aoudad and on “as needed” basis to reduce and/or sample aoudad populations on state land and private land (with landowner permission) within the Trans-Pecos. Contractor shall provide all aircraft, pilots, guns, ammo, radios, fuel/fuel truck, other equipment/consumables, and any other need necessary or incidental to complete successful coyote gunning operations. Respondent shall specify an all-inclusive price per hour for aerial gunning . Related travel expenses, mileage, and ferry time shall be included in the price per hour (and will NOT be priced separately).

7.2. Service Schedule: Gunning operations are to occur during a consecutive five (5) to seven (7) day period, excluding weather delays, unless TPWD agrees to reduce or extend service period. Exact dates to be determined by mutual agreement between TPWD and Contractor.

7.3. Pre-Gunning Meeting and Deployment: Contractor shall report to the site manager (location to be determined by manager) a minimum of one day (24 hours) before the beginning of gunning operations for the purpose of meeting with agency and other personnel to review and confirm details of the operation.

The Contractor’s personnel and equipment shall be ready for operations not less than 24 hours prior to the beginning of gunning operations at each restoration site.

7.3.1 Contractor shall conduct a safety briefing with all personnel associated with the gunning operations the morning of each gunning operation. See Attachment 1 – Aircraft Safety Briefing Checklist.

7.3.2 Contractor’s personnel and equipment shall be mobile to permit utilizing different gunning sites within the same workday once gunning is completed at initial site.

7.4. Gunning Project Coordination: Contractor shall coordinate with the TPWD Gunning Operation Manager during the gunning operations to ensure that operations are being conducted safely and on property where landowner permissions have been approved. The contractor shall have a working GPS in the helicopter with the property boundaries loaded onto the GPS to ensure gunning occurs on property with permissions.

7.5. Gunning Operations: Gunning operations include lethal removal of coyotes/aoudad using 1–2 helicopters with one (1) to two (2) gunners and pilot. Ground crews will be used during coyote gunning operations to conduct predator calling to increase coyote take and for added safety. The contractor will provide working radios for one (1) to three (3) ground crews to effectively communicate with the helicopter at all times during gunning operations.

7.6. Aerial Gunning Requirements:

7.6.1 Device: Contractor will safely and effectively lethally remove coyotes/aoudad utilizing the helicopter aerial gunning method with one (1) to two (2) gunners in the helicopter.

7.6.2 Gunning Equipment: Contractor will provide semi-automatic rifles (i.e., AR-15 or AK-47 platforms) or semi-automatic shotguns with adequate optics/sights as well as ammo to kill coyotes/aoudad safely, effectively, and humanely. Contractor will also have a working GPS to display areas where permissions for gunning have been approved, show tracks of flight path, and mark locations of lethally removed animals.

7.6.3 Gunners: The contractor will provide experienced and safe gunners for all operations.

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7.7. Service Locations and Schedule: Service to be provided at designated locations in the state of Texas

(state land and private land). Service locations may vary depending on the gunning operation. TPWD reserves the right to add or delete service locations during the contract period. Service locations may include but are not limited to the following:

Coyote Gunning (120 Hours in the Trans-Pecos and 35 Hours in the Panhandle):

7.7.1 Marfa Northeast Management Area (Trans-Pecos): Located approximately five (5) miles northeast of Marfa, Texas in Presidio/Jeff Davis counties and encompasses about 80,000 acres.

Gunning will take place in winter and spring annually.

7.7.2 Marfa Northwest Management Area (Trans-Pecos): Located approximately five (5) miles northwest of Marfa, Texas in Presidio/Jeff Davis counties and contains about 150,000 acres.

Gunning will take place in winter and spring annually.

7.7.3 Marfa Southeast Management Area (Trans-Pecos): Located approximately ten (10) miles east of Marfa, Texas in Brewster/Presidio counties and is about 135,000 acres. Gunning will take place in winter and spring annually.

7.7.4 Marfa Southwest Management Area (Trans-Pecos): Located approximately fifteen (15) miles southwest of Marfa, Texas in Presidio/Jeff Davis counties and is about 200,000 acres. Gunning will take place in winter and spring annually.

7.7.5 Marathon Management Area (Trans-Pecos): Located five (5) miles northeast of Marathon, Texas in Brewster County and encompasses about 70,000 acres. Gunning will take place in winter and spring annually.

7.7.6 Van Horn Management Area (Trans-Pecos): Located approximately twenty (20) miles east of Van Horn, Texas in Culberson County and contains about 200,000 acres. Gunning will take place in winter and spring annually.

7.7.7 Northern Hudspeth County Area (Trans-Pecos): Located approximately thirty (30) miles east of El Paso, Texas in Hudspeth County and contains about 400,000 acres. Gunning will take place in spring annually.

7.7.8 Pronghorn Herd Unit 202 (Panhandle): Located between Borger and Panhandle, Texas and contains about 200,000 acres. Gunning will take place in spring every other year (rotated between herd units 202 and 204).

7.7.9 Pronghorn Herd Unit 204 (Panhandle): Located approximately thirty (30) miles north of Dalhart, Texas in Dallam County and contains 100,000 of mostly Rita Blanca National Grasslands.

Gunning will take place in spring every other year (rotated between herd units 202 and 204).

Aoudad Gunning (230 Hours):

7.7.10 Elephant Mountain WMA (70 hours): Located twenty-eight (28) miles south of Alpine, Texas in

Brewster County and is 28,000 acres in size. Monthly aerial gunning flights will take place here.

7.7.11 Big Bend Ranch State Park (30 hours): Located approximately thirty (30) miles east of Presidio, Texas in Presidio County and is 311,000 acres in size. Gunning will take place in spring and fall annually.

7.7.12 Black Gap WMA (30 hours): Located fifty-five (55) miles south of Marathon, Texas in Brewster County and contains 103,000 acres. Gunning will take place in spring and fall annually.

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7.7.13 Private land in the Trans-Pecos (100 hours): Located near bighorn sheep populations throughout bighorn sheep range. Given landowner permissions and funding, gunning will be conducted spring/fall or when agreeable to landowners and TPWD.

7.8 Work Schedule: TPWD will contact selected contractor upon Notice of Award to coordinate project start time with all services for the initial project. A Contractor’s ability to meet this project schedule may be a factor in determining award. Work can be conducted outside of traditional TPWD work hours, which are Monday through Friday between 8:00 AM to 5:00 PM.

7.9 Successful contractor will be contacted at least seven (7) days prior to the start of survey to coordinate planned work activity.

8. CONTRACTOR REQUIREMENTS

8.1 Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation, or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work, installation, or other service performed without prior written authorization of TPWD is work outside the scope of this contract, and shall be performed exclusively at Contractor’s risk.

8.2 Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

8.3 Contractor shall provide all labor, materials, and equipment necessary to meet requirements of the specified services throughout the term of the contract.

8.4 Contractor is responsible for all costs incurred in the performance of the contract.

8.5 Contractor shall comply with all laws, ordinances, statutes, and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

8.6 Contractor shall take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

8.7 Contractor shall not subcontract any portion of the services to be performed under this contract without prior approval from authorized TPWD representative.

8.8 Contractor will be required to adhere to certain confidentiality restrictions, which may include but are not limited to a prohibition on photography or any form of recording while performing services on private property.

8.9 Contractor must provide maintenance records such as proof of 100-hour inspections, annual inspection records, or check ride certifications upon request.

8.10 Contractor shall follow relevant safety rules and conduct the work in a safe manner.

8.11 Contractor shall be responsible for providing aircraft for low level flying. Aircraft shall be Hughes 500E, MD 500E, MD 530F, Robinson R66, helicopter(s), or equivalent in TPWD’s determination for aoudad gunning projects and Robinson R44 Raven II for coyote gunning projects. All aircraft provided under the contractor must meet FAA regulations and standards as stipulated in FAR, Part 135 for gunning projects.

During the entire contract period, aircraft must be maintained per the maintenance requirements of FAR, Part 135.

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8.12 Contractor shall provide fuel for gunning operations. Contractor shall provide fuel trailer/truck and driver for fueling operations.

8.13 Contractor shall be solely responsible for any damage attributable to Contractor’s Operation. Contractors, at their own expense, shall repair any such damage immediately. The repair work is subject to inspection and acceptance by TPWD.

9. PERFORMANCE MEASURES

9.1 Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFP for the initial project and future projects, and shall not be relieved due to non-performance of any or all subcontractor(s). By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP. Successful Respondent(s) will be required to abide by TPWD policies, procedures, standards, and guidelines relevant to the execution of this contract.

9.2 TPWD will monitor vendor performance. Vendor performance will be reported to the Vendor Performance Tracking System (VPTS). Failure to provide services and/or products in accordance with the requirements specified herein and the resulting contract(s), and adherence to TPWD Terms and Conditions may be considered, by TPWD, as unsatisfactory performance by the Contractor. Any unsatisfactory performance may result in a negative Vendor Performance Report, cancellation of the Contract, or both.

9.3 TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract.

If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor. Remedies shall include negative vendor performance report, corrective action plans, and withholding of payments due to poor vendor performance and contract non-compliance.

10. TPWD RESPONSIBILITIES

10.1 TPWD will designate a Project Manager upon contract award. The TPWD Project Manager is to have free access to the Contractor’s supplies, equipment, and work product for inspection and audit.

10.2 TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

10.3 SCHEDULE MODIFICATIONS: TPWD will attempt to provide at least five (5) days’ notice of any necessary modification to the schedule.

10.4 CANCELLATION OF SCHEDULED SERVICE: TPWD reserves the right to cancel survey/gunning operations or external load projects if necessary, due to inclement weather, illness, or unforeseen circumstances, and will provide as much notice as possible to contractor.

11. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added.

A formal written request will be sent to successful respondents to quote on the proposed additional

RFP No. 802-26-76105 Page 12 of 56 products/services. Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the RFPs. The products/services covered under this provision shall conform to the specifications as outlined in the request.

12. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

12.1 The terms and conditions of the Contract shall govern all transactions under the Contract.

12.2 The Contract may only be modified or amended upon mutual written agreement of Texas Parks and Wildlife Purchaser(s) and the Contractor. Verbal changes are not allowed.

12.3 Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

13. INSURANCE

13.1 Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation STATUTORY LIMITS Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

Aircraft General Liability Single Limit Bodily Injury & Property Damage

$1,000,000 Each Occurrence

Aircraft Passenger Liability $100,000 per Person $400,000 per Occurrence

Medical Expenses $ 5,000 Per Person $ 20,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles $ 500,000 Combined Single Limit

13.2 Policy shall waive the insurer’s right of recovery or subrogation against TPWD or The State of Texas.

Policy must be primary with respect to coverage provided for TPWD and the State of Texas. Policy in excess of self-insured retention (SIR) amount must be clearly identified. Policy must be non-contributory with other coverage or self-insurance available to TPWD or The State of Texas.

13.3 All required liability policies:

13.3.1 Except Pollution & Professional, must be written on an “Occurrence Form.” Neither “Modified Occurrence” nor “Claims Made” policies are acceptable, and the Contractor will be in contractual default if Contractor’s insurance is “Modified Occurrence” or “Claims Made.”

13.3.2 Must cover cross-suits between insureds.

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13.3.3 Must contain a “severability of interests” provision.

13.4 Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

13.5 The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

13.6 Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Melissa Long / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389-4677 or emailed to Purchasing.BidBox@tpwd.texas.gov.

14. SUBCONTRACTING

Refer to Section III – General Terms and Conditions, Paragraph 56 – Subcontractors.

15. VET HUB SUBCONTRACTING PLAN

TPWD has determined that VET HUB Subcontracting Opportunities are NOT probable under this contract, therefore there is no VET HUB Subcontracting Plan requirement.

16. CONTRACT ADMINISTRATION

16.1 TPWD will maintain on-going review and status of Contractor’s progress toward completion of services and will certify whether contractor’s billings are for the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TPWD.

16.2 Administration of the contract is a joint responsibility of TPWD Wildlife Division and the TPWD Purchasing & Contracting Section. TPWD purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract 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. This individual’s contract management and contract administration responsibilities include, but are not limited to:

16.2.1 Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

16.2.2 Managing the financial aspects of the contract including approval of payments.

16.2.3 Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

16.2.4 Identifying a breach of contract by assessing the difference between contract performance and non-performance.

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16.2.5 Other areas as identified by the State of Texas Procurement and Contract Management Guide, latest edition.

17. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III General Terms and Conditions, Paragraph 9 Invoicing and Payment:

17.1 CONTRACTOR TO SUBMIT INVOICE(S) TO: Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

17.2 INVOICES MUST SHOW:

17.2.1 Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address;

17.2.2 Name of receiving entity;

17.2.3 Contract/purchase order number;

17.2.4 Description, quantity, unit of measure, unit price, extended price of each item;

17.2.5 Total price;

17.2.6 Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice;

17.2.7 Attach supporting documentation, if required.

17.3 PAYMENT:

17.3.1 The contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

17.3.2 Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

17.3.2.1 Contractor is in breach of this contract;

17.3.2.2 Any portion of the payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

17.3.2.3 Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor;

17.3.2.4 If TPWD, in good faith, determines that the balance of the unpaid fees is not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve the level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

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17.3.4 Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later.

State agencies are required by state law to pay properly submitted invoices within 30 days.

17.3.4 Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

17.3.5 Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time RFP Issue Date: June 3, 2026 Questions Due: June 12, 2026 @ 2:00PM, CST Proposal Due Date: June 18, 2026 @ 2:00PM, CST

2. INQUIRIES

2.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Melissa Long, Purchaser IV Texas Parks and Wildlife Department Fax: 512-389-4677 4200 Smith School Road, Austin, Texas 78744 purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions shall be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

2.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

2.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at https://www.txsmartbuy.gov/esbd Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the proposal submission deadline. If respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the RFP requirements.

mailto:purchasing.bidbox@tpwd.texas.gov https://www.txsmartbuy.gov/esbd.com/esbd

RFP No. 802-26-76105 Page 16 of 56

2.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, 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), except for the written inquires described in Section II, Subsection

2.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3. PROPOSAL CONTENT

Below is a summary of required and requested information. Proposals submitted without this information will be evaluated accordingly. TWPD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

3.1. GENERAL RESPONSE FORMAT: EMAIL SUBMITTALS ARE PREFERRED FOR THIS

SOLICITATION in accordance with Section II, Subsection 5, however, if hardcopy submitted, Respondents shall submit one (1) original proposal signed (marked Original).

3.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal.

3.2.1. Exhibit A – Execution of Proposal: Respondent must submit original signed, dated, and completed Exhibit A - Execution of Proposal.

3.2.2. Exhibit B – Price Sheet: Include completed Exhibit B – Pricing Sheet. Pricing should not be included in the submitted copies.

3.3. ADDITIONAL RESPONSE CONTENT:

Respondent must include the following additional documentation in their response submission, or within one business day of TPWD request. Failure to submit this additional documentation by TPWD designated deadline will result in disqualification of the proposal.

3.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

3.3.2. Exhibit D – Key Personnel: Include completed Exhibit D (or a reasonable facsimile, or resumes)

3.3.3. Exhibit E – Past Projects with Corresponding References: Include completed Exhibit E (or reasonable facsimile).

3.3.4. Exhibit F – Equipment List: Include completed Exhibit F (or a reasonable facsimile).

3.3.5. Exhibit G – Certificate(s)/License(s): Include completed Exhibit G (or a reasonable facsimile).

3.3.6. Exhibit H – Safety Records: Include completed Exhibit H (or a reasonable facsimile).

3.3.7. Exhibit I – Technical Proposal: Include Technical Proposal – tabbed Exhibit I including numbered responses corresponding to each of the items listed in Exhibit I.

RFP No. 802-26-76105 Page 17 of 56

3.3.8. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The respondents shall include the signed and dated addendum(s) with their response submission.

4. PROPOSAL SUBMISSION

4.1. EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION in accordance with Section II Subsection 5.1.

4.2. All proposals shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 5. Late proposals will not be considered under any circumstance and will be returned unopened.

4.3. If submitting proposal via mail or delivery, proposals shall be placed in a sealed envelope/package and correctly identified with RFP number, submittal deadline/opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TPWD by the specified date.

4.4. Receipt of all addenda to this RFP shall be acknowledged by returning a signed copy of each addendum to the response.

4.5. Respondents to this RFP are responsible for all costs of proposal preparation.

4.6. Proposals by mail or delivery shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 5 below. Proposals by email shall be submitted to purchasing.bidbox@tpwd.texas.gov.

4.7. Telephone and facsimile proposals are NOT an acceptable response to an RFP. All submitted proposals become the property of TPWD after the RFP submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

4.8. When Proposals are opened, only the names of the Respondents who submitted proposals will be read.

Prices and terms will not be divulged until after contract award.

5. DELIVERY OF PROPOSALS

EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION. If hard copies are submitted, Respondent shall submit to TPWD by one of the following methods:

6. EVALUATION AND AWARD

6.1. A contract will be awarded to the responsible respondent(s) who submits the proposal determined to be the best value to the State and who meet all requirements included in this RFP.

U.S. Postal Service Overnight/Express Mail Hand Deliver

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744

TPWD – Mail Room Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

TPWD – 1st Floor Security Desk Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

NOTE: Proposals must be date stamped in Purchasing & Contracting prior to the due date and time.

mailto:purchasing.bidbox@tpwd.texas.gov

RFP No. 802-26-76105 Page 18 of 56

6.2. Cash discounts offered by the respondent will NOT be a factor in proposal evaluation.

6.3. Proposals may be withdrawn by written notice at any time prior to award. An email to the purchaser’s name identified in Section II, Subsection 2 above will be acceptable as a written notice for withdrawn. No proposals will be returned after award.

6.4. STEP 1 – ADMINISTRATIVE REVIEW BY PURCHASING: Only a complete response with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. Proposals that do not conform to the instructions included in this RFP may be rejected by TPWD. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. No proposal received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

6.5. STEP 2 – INITIAL EVALUATION: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team.

Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements.

Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight Compensation and Fees – Exhibit B - Price Sheet 15% Technical Proposal – Exhibit I - Technical Proposal 15% Qualifications, Experience, References, Capability, Facility, Equipment, Etc. Exhibit C – Company Profile, Exhibit E – Past Projects with Corresponding References, Exhibit F – Equipment List, Exhibit G – Certificate(s)/License(s)

35%

Expertise and ability of pilot and key personnel. Safety and effectiveness of wildlife survey operations. Exhibit D – Key Personnel, Exhibit H – Safety Records

35%

Total 100%

6.6. STEP 3 – SHORT LIST: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references and/or inspect respondent’s facility/equipment.

6.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal.

6.6.2. Facility and/or equipment may be inspected to verify ability to successfully complete the project.

Inspection will be scored on a pass/fail basis. Failure may be grounds for disqualification of the proposal.

6.7. STEP 4 - BEST AND FINAL OFFER (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussion or Best and Final Offers, if in the best interest of the state.

6.7.1. Discussions: The evaluation committee may determine whether discussions are necessary to clarify or verify a written proposal.

6.7.2. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be considered in the award. TPWD will make the final determination on the best value.

RFP No. 802-26-76105 Page 19 of 56

6.7.3. The evaluation committee will evaluate the finalists and make a recommendation for award.

6.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Subsection 3.3 for Best Value criteria.)

SECTION III – GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS – FEDERALLY FUNDED PROJECTS

OCTOBER 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas…