ESBD_533553_1783361846007_580-27-RFP-0003_Brackish Groundwater Production Zone Analysis .pdf

REQUEST FOR PROPOSALS NO. 580-27-RFP-0003

FOR

BRACKISH GROUNDWATER PRODUCTION ZONE ANALYSIS

FOR PORTIONS OF THE CARRIZO-WILCOX, QUEEN CITY, SPARTA AND

YEGUA AQUIFERS IN CENTRAL TEXAS

CLASS-ITEM CODE(S):

918-55 GEOLOGICAL CONSULTING, 926-52 (IMPACT STUDIES,

ENVIRONMENTAL), 961-74 (SCIENTIST SERVICES: GEOLOGY,

GEOPHYSICS, ETC.)

RELEASE DATE: JULY 6, 2026

DEADLINE FOR SUBMISSION: AUGUST 6, 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.gov/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.gov/esbd

Version 1026 580-27-RFP-0003 Page 2

TABLE OF CONTENTS

SECTION I –OVERVIEW, DEFINITIONS AND AUTHORITY 3

SECTION II – SCOPE OF SERVICES 7

SECTION III – DELIVERABLES 10

SECTION IV – GENERAL INFORMATION 12

SECTION V – GENERAL TERMS AND CONDITIONS 16

APPENDIX A: SCOPE OF WORK TASKS 38

APPENDIX B: FINAL REPORT GUIDELINES (EXAMPLE) 41

580-27-RFP-0003 Page 3

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 a contract to analyze and evaluate brackish portions of the Carrizo-Wilcox, Queen City, Sparta, and Yegua aquifers in Central Texas based on the results of two completed brackish aquifer studies (TWDB Numbered Report 3851 and TWDB Contract Number 1548301855 Report2). The Project will also propose potential production areas for the TWDB to consider designating as brackish groundwater production zones.

This RFP is part of a Texas Water Code § 16.060 requirement for the TWDB to identify and designate brackish groundwater production zones in the aquifers of the state.

Portions of the study areas for TWDB Numbered Report 385 and TWDB Contract Number 1548301855 Report overlap the original potential production areas (PPAs) proposed in 2016 (Figure 1). This Project will include two components: 1) analysis of the Report 385 study area for PPAs for all aquifers characterized in the study, and 2) a re-evaluation of PPA-1 and PPA-2 in the Carrizo-Wilcox Aquifer that were proposed in the 2016 draft report for Contract Number 15483018553. PPA-3 has been delineated as a brackish groundwater production zone (BGPZ CzWx1) and will not be part of this assessment. A re-evaluation of PPA-4 located in Webb County is out of scope for this Project.

The Project will evaluate the long-term production potential of slightly and/or moderately saline brackish groundwater within the following counties: Atascosa, Bastrop, Bexar, Caldwell, DeWitt, Fayette, Gonzales, Guadalupe, Karnes, Lavaca, Lee, Live Oak, Williamson, and Wilson.

TWDB will consider technical proposals 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 Meyer, J.E., Croskrey, A.D., Suydam, A.K., and Van Oort, N., 2020, Brackish groundwater in aquifers of the Upper Coastal Plains, Central Texas: Texas Water Development Board 385, 291 p.

2 Banerji, D.A., Hamlin, H.S., Scanlon, B.R., Reedy, R.C., Young, S.C., Jigmond, M., and Harding, J., 2019, Fresh, brackish, and saline groundwater resources in the Carrizo-Wilcox, Queen City, and Sparta aquifers in Groundwater Management Area 13 – location, quantification, producibility, and impacts: The University of Texas at Austin, Bureau of Economic Geology, contract report to the Texas Water Development Board, 309 p.

3 Banerji, D.A., Hamlin, H.S., Scanlon, B.R., Reedy, R.C., Young, S.C., Jigmond, M., and Harding, J., 2016, Fresh, brackish, and saline groundwater resources in the Carrizo-Wilcox, Queen City, and Sparta aquifers in Groundwater Management Area 13 – location, quantification, producibility, and impacts: The University of Texas at Austin, Bureau of Economic Geology, draft contract report to the Texas Water Development Board, 237 p.

https://www.twdb.texas.gov/publications/reports/numbered_reports/doc/R385/report385.asp https://www.twdb.texas.gov/groundwater/models/research/czwx_qcsp_s_mapping/czwx_qcsp_s_mapping.asp https://www.twdb.texas.gov/groundwater/models/research/czwx_qcsp_s_mapping/czwx_qcsp_s_mapping.asp https://statutes.capitol.texas.gov/?tab=1&code=WA&chapter=WA.16&artSec=16.060 http://www.twdb.texas.gov/

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Figure 1. Project Map

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1.2 DEFINITIONS

“Addendum” means a written clarification or revision to the Request for Proposal 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.

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

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

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

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

“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.

http://www.txsmartbuy.gov/esbd

580-27-RFP-0003 Page 6

“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).

“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; 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).

”WCAG” means Web Content Accessibility Guidelines.

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 § 35.001.

1.4 BACKGROUND

The TWDB Brackish Resources Aquifer Characterization System (BRACS) Program maps and characterizes the brackish portions of the aquifers in Texas to provide useful data to regional water planning groups and other entities interested in developing and desalinating brackish groundwater as a new supply. The TWDB is required by Texas Water Code §

16.060 to identify and designate local or regional brackish groundwater production zones in areas of the state with moderate to high availability and productivity of brackish groundwater and can be used to reduce the use of fresh groundwater. Brackish aquifer studies characterize the extent and volume of brackish groundwater; results from those studies are then analyzed and evaluated with statutorily defined criteria in mind, resulting in proposed potential production areas for the TWDB to consider for brackish groundwater production zone designation.

This RFP provides an opportunity to procure for technical and scientific services to perform analysis and evaluation of brackish groundwater within portions of the Carrizo-Wilcox, Queen City Sparta, and Yegua aquifers in Central Texas based on the results of two completed brackish aquifer studies (TWDB Numbered Report 385 and TWDB Contract Number 1548301855 Report). The selected Contractor will perform these services in accordance with the requirements, data sources and specifications provided in this RFP, https://www.w3.org/WAI/standards-guidelines/wcag/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155 https://statutes.capitol.texas.gov/Docs/WA/htm/WA.6.htm https://statutes.capitol.texas.gov/Docs/WA/htm/WA.35.htm https://www.twdb.texas.gov/publications/reports/numbered_reports/doc/R385/report385.asp https://www.twdb.texas.gov/groundwater/models/research/czwx_qcsp_s_mapping/czwx_qcsp_s_mapping.asp

580-27-RFP-0003 Page 7 utilizing the results of the previously completed brackish aquifer studies to produce defined deliverables. The selected Contractor will also propose potential production areas for the TWDB to consider designating as brackish groundwater production zones. Selected Contractor(s) will primarily evaluate subsurface geologic mapping, statutorily defined exclusionary criteria for zone designation, and hydrogeological connectivity with and/or isolation from existing users and wastewater injection sites. (Note: Delineated geological units from the TWDB Contract Number 1548301855 Report within Atascosa County will need to be consistent with delineated units in TWDB Numbered Report 385.)

TWDB will select a Contractor based on their proposal response, which includes submission of a technical proposal for Item 8. The response to Item 3 Resumes and Item 6 Prior Relevant Project & Government Contract Experience should demonstrate technical expertise in areas including but not limited to: general hydrogeology, hydrogeology of the Project area(s), subsurface mapping, Geographic Information System (GIS) use, TWDB groundwater databases (Submitted Driller Reports Database, Groundwater Database, and BRACS Database), and technical report writing.

SECTION II – SCOPE OF SERVICES

2.1 SCOPE OF SERVICES REQUESTED

A detailed description of the technical services requested is outlined in Appendix A: Scope of Work Tasks. The Contractor shall perform all services necessary to delineate potential production areas and produce required technical deliverables.

A. Project Management:

1. Proposal in Item 8 must include Work Breakdown Structure, with tasks and subtasks or activities; schedule of activities integrated with tentative dates; change control method; risk management; responsibility assignment matrix; assumptions and constraints.

2. Progress reports with associated metrics must be submitted monthly to the TWDB-assigned contract manager no later than the 5th business day of each month.

Monthly progress reports must outline progress from the previous monthly billing cycle by task, including percentage accomplished per task and projection of tasks to be performed for the next billing cycle, alongside any issues or concerns. Note:

Issues or concerns must be discussed directly with the TWDB-assigned contract manager as soon as possible.

3. Schedule must address key milestones and meetings. At a minimum, TWDB staff expects to meet with the project team at key milestones of the contract, including but not limited to:

a. Project initiation – kickoff meeting to discuss first quarter of project activities, schedule and roles;

b. Notice to Proceed – to be issued by the TWDB ;

c. Discussion of potential production areas and prioritization for production calculations – date determined by the Contractor, shall be made prior to the end

580-27-RFP-0003 Page 8 of the Project (potential production areas will be prioritized for 30-year and 50-year pumping estimates with input from stakeholders);

d. Project completion – end of the Project.

B. Coordination with TWDB Staff: Coordination will be critical throughout the project.

Additional meetings will be arranged as needed throughout the project. At a minimum, the provided Scope of Work Tasks in Appendix A and proposed TWDB approved Schedule must be followed for the duration of the contract.

C. Stakeholder Communication: Stakeholder participation is critical to the success of the

BRACS Program. This ideally includes participation from all levels of the public and private sector. The purpose of these meetings is to (1) explain TWDB’s approach in implementing Texas Water Code § 16.060, (2) solicit feedback on what constitutes “significant impact”, and (3) receive general comments concerning implementation of Texas Water Code § 16.060. At least two stakeholder meetings must be held:

1. A meeting at the beginning of the project, and

2. A meeting after the final draft deliverables are submitted.

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:

1. Ten (10) years of experience in project management of advanced scientific studies.

2. Ten (10) years of experience in technology transfer including staying on schedule and within budget.

3. Three (3) years of experience with and knowledge of TWDB BRACS database schema for documenting source data, and the TWDB groundwater databases (Submitted Driller Reports Database, Groundwater Database).

4. Three (3) years of experience with and knowledge of documenting geophysical logs.

5. Three (3) years of experience with Geographic Information System (GIS) subsurface mapping and geodatabases.

6. Three (3) years of experience in statistical methods and coding with computer scripts/languages.

7. Ten (10) years of experience with the hydrogeology of the Project areas.

8. Demonstrated approach for mapping and delineating brackish aquifers.

9. Internal progress-monitoring procedures and quality assurance processes.

10. Demonstrated approach for organizing and managing the Project, including coordination with TWDB staff; communication between the contractor and the stakeholder advisory forum for the model; and including regional water planning groups and groundwater conservation districts.

11. Demonstrated successful completion of at least 3 projects of similar size, scope and complexity.

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12. Ability to clearly communicate the results of requested analyses in a technical report.

13. Ability to produce specific and usable deliverables as discussed.

14. Ability and commitment to perform the services requested within the project completion deadline.

15. Respondents must demonstrate the ability to provide technical and scientific services meeting the requirements of this RFP. Licensure is required as a minimum qualification for personnel performing the work.

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 Subcontracting Plan Requirements.

(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 the Contract and end on 8/31/2027. The contract may be renewed in 1-year increments beginning September 1, 2027, with the potential to extend up to August 31, 2030. If exercised, the renewal will be executed in the form of a contract amendment issued by TWDB.

2.5 RESERVED RIGHTS

The evaluation committee will determine best value by considering the Respondent’s proposed price and the extent to which the proposal meets or exceeds the requirements and specifications of this RFP.

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 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.

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SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

The following deliverables must be submitted to TWDB for review:

Deliverable

When Description of Deliverables

Potential production area shapefiles (.shp)

Upon completion of study.

Two and three-dimensional GIS datasets that delineate potential production areas and the estimated volumes of brackish groundwater production in 30- and 50-year timeframes.

Model files (variable depending on modeling method; may include MODFLOW files or other)

Upon completion of study.

The 30- and 50-year production volumes must be reproducible using files provided with this deliverable.

Explanations of the calculation methods used, and assumptions made in modeling production volumes must be included in the final report.

A technical final report summarizing the study (.doc and .pdf)

When drafts are available and upon completion of study.

Draft and final reports shall be delivered in Microsoft Word and PDF formats. Draft deliverables will be submitted for review and comment by TWDB. These comments must be addressed in the Final Report and a copy of the comments must be incorporated into the final deliverables.

Acceptance of the Final Report indicates the successful completion of the Project. Follow Final Report Guidance (Example) in Appendix B of this RFP.

Other GIS files supporting geologic analysis

Upon completion of study.

All GIS data shall be thoroughly documented with metadata including source, field descriptions, and units (as applicable) and use BRACS program-naming conventions and map Projection parameters. Geologic formation top and bottom raster surfaces, net sand raster maps, salinity classification zone top and bottom raster surfaces, proposed production area top and bottom raster

580-27-RFP-0003 Page 11 surfaces, well control point files, and Project raster snap grid will be submitted to TWDB. All raster surfaces will share the same map Projection and snap grid attributes. TWDB must be able to replicate the volumes estimated and techniques used to determine the extents of each of the salinity classification zones. All potential production area modeling files will be submitted to TWDB.

Additional requirements for draft and final deliverables include:

A. The Report must be designed with the general public as the audience, balancing technical detail with plain language.

B. Consistent geologic, hydrologic, and technical terminology must be used throughout the Report, including TWDB nomenclature for aquifers and no acronyms except “TWDB” and “BRACS.”

C. The Final Report must be sealed by a professional geoscientist licensed to practice in Texas.

D. All draft and final file geodatabases must contain all relevant source data, including metadata that documents the content, data structure, source(s), date(s), quality, and other characteristics of the data within the geodatabases. Metadata must be created using the Federal Geographic Data Committee (FGDC) metadata editor within ESRI’s ArcCatalog. TWDB-provided schemas include some basic metadata, which must be extended by the Contractor’s project manager to completely document all source and derivative data.

E. The final deliverables must be accompanied by a transmittal letter.

F. Acceptance of the Final Report and associated data by TWDB indicates the successful completion of the Project.

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.

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

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SECTION IV – GENERAL INFORMATION

4.1 RFP REQUIREMENTS

A brief transmittal letter summarizing the key points of the Proposal and signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. The response to each item, including attachments, must not exceed 31 pages. The cover page and VetHUB Subcontracting Plan (SP) 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 response will only be considered if all items are submitted as required.

Incomplete/late responses to this RFP will not be considered.

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

1) One (1) complete ORIGINAL PROPOSAL in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to

2) PROPOSAL pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the PROPOSAL.

File size is limited to 100mb.

3) Proposals must be clearly marked RESPONSE TO RFP 580-27-RFP-0003 and delivered electronically to the address noted in the RFP.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFP.

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 (two page maximum per individual) who will work on the project.

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

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).

mailto:bid-room@twdb.texas.gov mailto:victoria.deleon@twdb.texas.gov

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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 Relevant Project & Government Contract 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 Proposal (seventeen (17) pages maximum)

a. Technical proposal prepared to address elements of the Scope of Work

Tasks in Appendix A. Note: Proposals should clearly demonstrate how the Respondent will meet or exceed the requirements and specifications outlined in this RFP.

9) Item 9: Include a populated “Price Schedule” form of this RFP. (one (1) page maximum) Note: Price proposals will be evaluated for competitiveness, reasonableness and overall value to the State.

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

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

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

3) TWDB will not be responsible for locating or securing information that is not included in your 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 July 6, 2026

Deadline for Submitting Questions July 16, 2026, at 5 p.m. CT

Anticipated Q&A Release Date July 23, 2026

Deadline for submission of Solicitation Responses [NOTE: Responses must be RECEIVED by TWDB by the deadline.]

August 6, 2026, at 5 p.m. CT

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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 to

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 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 https://fmx.cpa.texas.gov/fmx/travel mailto:bid-room@twdb.texas.gov

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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 noted 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 as defined by Texas Government Code §2155.074, considering price and the extent to which the proposal meets or exceeds the requirements and specifications described in this

RFP.

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 Proposal.

D. The evaluation committee will determine best value by considering the proposed price and the Respondent’s ability to the meet the requirements and specifications of this RFP.

E. TWDB reserves the right to negotiate final terms and conditions, including price with the selected Respondent(s) prior to award of the contract (s). Such negotiations do not alter the basis of award as best value.

https://www.txsmartbuy.gov/esbd

580-27-RFP-0003 Page 16

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

POINTS

AVAILABLE

CATEGORY

40 Technical Proposal with Schedule 25 Team Qualifications and Experience: Explanation of prior relevant experience with aquifer, study area, brackish groundwater and TDS calculations from geophysical logs

20 Entity’s Past Relevant Experience and Government Contract Experience

15 Price

100 TOTAL POSSIBLE POINTS

F. 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 (VPTS). 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 contract 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 4.12.

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.

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 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 http://www.txsmartbuy.com/vpts

580-27-RFP-0003 Page 17 information submitted as part of a Proposal 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 VeHUB program office at StatewideHUBProgram@cpa.texas.gov. If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

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

580-27-RFP-0003 Page 18

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 any contract resulting from this Solicitation. Respondent must state any facts that make it exempt from the boycott certification in its Response.

580-27-RFP-0003 Page 19

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.

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.

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

580-27-RFP-0003 Page 20 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.

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

580-27-RFP-0003 Page 21

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…