Texas Division of Emergency Management 30-TDEM-RFP-1547

Waste Water Treatment Facility

RFP # TDEM-RFP-1547

PROPOSAL MUST BE RECEIVED BEFORE:

August 19, 2026 @ 2:00 PM CT NOTE: PROPOSALS must be submitted through AggieBid.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

Please plan ahead and submit your proposal early just in case you have technical issues.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award if one is made.

Table of Contents

REFER INQUIRIES TO:

Joanna Morgan-Schaede, CTPM, CTCM Contract Administrator II/Vet HUB Coord email: joanna.morgan-schaede@tdem.texas.gov

REQUEST FOR PROPOSAL

SECTION 1. INTRODUCTION 4

1.1 Introduction

1.2 Brief History and Current Organization

1.3 Scope of Work

1.4 Award……………………………………………………………………………………………………….5

1.5 Contract Term

1.6 Schedule of Events

SECTION 2. REQUIREMENTS 6

2.1 Technical Proposal

2.2 Qualifications

2.3 Relevant O&M Experience and References ………………………………………………………………………...8

2.4 Additional Capabilities……………………………………………………………………………………………..9

2.5 Local Business Presence……………………………………………………………………………………………9

2.6 Specifications………………………………………………………………………………………………..……..9

2.7 Pre-Proposal Meeting and Site Tour Mandatory Meeting …………………………………………………………..10

2.8 Specifications Definitions …………………………………………………………………………………………11

SECTION 3. GENERAL INFORMATION 12

3.1 Submittal Deadline and Location

3.2 Submittal Instructions…………………………………………………………………………………….12

3.3 TDEM Contacts

3.4 Inquiries and Interpretations

3.5 Electronic State Business Daily Website

3.6 Open Records

3.7 Terms and Conditions

3.8 Proposal Components

SECTION 4. GENERAL TERMS AND CONDITIONS 14

4.1 General

4.2 Final Review and Approval

4.3 Definitions

4.4 Time of Performance

4.5 Default

4.6 Termination

4.7 Funding Out ……………………………………………………………………………………………. 16

4.8 Agreement Amendments

4.9 Independent Vendor Status

4.10 Right to Audit

4.11 Sales and Use Tax

4.12 Observance of Texas A&M Rules and Regulations

4.13 Non-Disclosure

4.14 Publicity

4.15 Severability

4.16 Non-Waiver of Defaults

4.17 Governing Law

4.18 Intellectual Property

4.19 Venue ………………………………………………………………………………………………………..17

4.20 Export Control ……………………………………………………………………………………………….17

4.21 Clarifications …………………………………………………………………………………………………18

4.22 Best and Final Offers …………………………………………………………………………………………18

SECTION 5. CONTRACTUAL REQUIREMENTS 19

5.1 Texas Public Information Act

5.2 Insurance Requirements

5.3 Indemnification

5.4 Other Benefits

5.5 Alternative Dispute Resolution

5.6 Prohibition Involving Human Trafficking

5.7 Not Eligible for Rehire

5.8 Boycotting Israel

5.9 Business with Certain Countries & Organizations…………………………………………………………20

5.10 Protecting the State of Texas from Malicious Espionage Activities by Foreign Adversaries……………20

5.11 Billing Resolutions

5.12 Payment

5.13 VetHUB Subcontracting Plan

5.14 Contract Monitoring ……………………………………………………………………………………..22

SECTION 6. EXECUTION OF OFFER 23

6.1 Proposer Affirmation

6.2 Texas Family Code Section 231.006

6.3 Substitute W-9

6.4 Direct Deposit

6.5 Signature

SECTION 7. RESPONDENT’S QUESTIONNAIRE/COMPANY EXPERIENCE 25

7.1 Company Profile

SECTION 8. PRICING 26

SECTION 9.

EVALUATION CRITERIA FOR AWARD

9.1 Evaluation Information

9.2 Demonstration/Presentation

9.3 Evaluation Criteria and Weights

SECTION 10. NON-COLLUSION AFFIDAVIT 28

Appendix A – Insurance Requirements

Appendix B – Pricing Proposal Form

Appendix C – Subcontracting Plan Form

Appendix D – TDEM Standard Terms and Conditions…………………………………………………………………………………………34

SECTION 1

INTRODUCTION

1.1 Introduction

The Texas Division of Emergency Management (TDEM) is responsible for tracking and monitoring activities related to grant awards administered by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), and others. TDEM currently assists approximately 2,000 subrecipients in all phases of the response and award process and has over 10,000 individual constituents.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 Brief History and Current Organization

The Texas Division of Emergency Management (TDEM) coordinates the state emergency management program, which is intended to ensure the state and its local governments respond to and recover from emergencies and disasters and implement plans and programs to help prevent or lessen the impact of emergencies and disasters. TDEM implements programs to increase public awareness about threats and hazards, coordinates emergency planning, provides an extensive array of specialized training for emergency responders and local officials, and administers disaster recovery and hazard mitigation programs in the State of Texas.

TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the State and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs. A comprehensive emergency management program includes pre and post-disaster mitigation of known hazards to reduce their impact; provisions for effective response to emergency situations;

and recovery programs for major disasters. Chapter 418 of the Texas Government Code lays out an extensive set of specific responsibilities assigned to the Division.

In 2019, the 86th Texas Legislature passed legislation signed by Governor Abbott which transferred the Texas Division of Emergency Management from the Texas Department of Public Safety to The Texas A&M University System.

1.3 Scope of Work

Texas Division of Emergency Management (TDEM) requests Proposals from interested, qualified Respondents capable of providing full-service operations, maintenance, and management for the new TDEM HQ & State Emergency Operations Center (SEOC) Membrane Bioreactor (MBR) Wastewater Treatment Facility (WWTF) located at 4125 FM 973, Austin, Texas, in accordance with the terms and Scope of Services specified herein.

The new TDEM HQ & SEOC MBR WWTF is a 36,000 gallons per day (gpd) advanced treatment facility with influent screening, biological nutrient removal (BNR) secondary treatment, MBR secondary treatment, and ultraviolet (UV) disinfection before either being reused onsite at the new TDEM HQ & SEOC or disposed onsite via a new Texas Land Application Program (TLAP) permit. While the new MBR WWTF has been constructed for 36,000 gpd, initial operation is anticipated to center around approximately 10,000-18,000 gpd.

Residual biosolids will be dewatered via an onsite wedge-wire panel dewatering trailer and hauled to an approved landfill. A biological odor control system will capture and treat odors generated by the wastewater treatment process.

In issuing this RFP, TDEM is seeking to partner with a Contractor having the technical and financial resources to perform the required operation, maintenance, and management services for existing and future wastewater facilities. Additionally, the selected contractor will provide a strong technical support team, operate safely and in compliance with all regulatory requirements, implement sustainable and effective maintenance programs, and provide efficiencies in labor and materials.

This solicitation complies with applicable state of Texas law, including Local Government Code 252. TDEM will select the successful Respondent that is determined to provide the best value to TDEM based on the published Evaluation Criteria and its final ranking.

The terms “Respondent”, “Contractor”, “Vendor”, “Supplier”, “Firm” and “Company” have the same meaning and shall be used interchangeably.

The contractor is responsible for Operation, Maintenance, and Management of the new TDEM HQ & SEOC MBR WWTF. This scope includes, but is not limited to the following:

• Personnel administration required to always staff the project with a minimum of one (1) personnel providing coverage of seven days/week, 24 hours/day for the existing facility. All personnel should possess the experience, qualifications, skills, and wastewater certifications required to perform proper and effective operations and maintenance activities.

• Staff must respond to callouts 24 hours/day and within 45 minutes of notification. Staff are not required to always be onsite, only the minimum time necessary to conduct process control, sampling, and preventative maintenance duties needed on a daily basis.

• Provide standard employee benefits plans to promote employee retention and recruitment.

• Provide employee incentive program to promote continuous training and wastewater certification accreditation.

• Furnish and maintain a minimum of 2 light-duty service trucks to perform daily operations and maintenance activities.

1.4 Award

The intent of this RFP is to make a single award.

1.5 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award until August 31, 2027, with the option for TDEM to renew for an additional three (3) one-year periods, providing all terms and conditions of the original agreement remain the same and the renewal is mutually agreed upon by all parties. While TDEM plans to enter into a long-term agreement with the selected Contractor, TDEM reserves the right to choose not to renew the contract at the end of each renewal period (Years 3, 4 and 5) with the Contractor providing a one (1) year transition period.

TDEM reserves the right to extend any contract resulting from this RFQ for a 90-calendar day period at the end of this Contract and/or renewal period. This option provision may be exercised more than once, but the total extension of performance hereunder will not exceed six months. TDEM may exercise this option by written notice to the Contractor.

1.6 Schedule of Events

The review and approval of RFPs is a multi-step process that requires variable amounts of time. Responders are advised that the projected “Formal Execution of Agreement” date as listed in the “Tentative Timetable” may require extension.

Timetable

EVENT DATE

Issue RFP July 16, 2026, 08:00 AM CT MANDATORY Pre-Proposal Meeting & Site Tour July 28, 2026, 10:00 AM-12:00 PM CT Deadline for Submission of Questions July 31, 2026, 2:00 PM CT Answers to Questions Posted August 5, 2026. 5:00 PM CT Deadline for Submission of Proposals August 19, 2026, 2:00 PM CT Expected Contract Start Date TBD

SECTION 2

REQUIREMENTS

2.1 Technical Proposal

• Cover Letter:

The proposal must include a letter of transmittal attesting to its accuracy. The cover letter should provide the name, address, telephone number, and email address of the submitting Company along with the name, title, address, telephone number, and email address of the executive that has the authority to contract with TDEM.

• Executive Summary:

Provide an Executive Summary of the major features of the Response, including any conclusions, assumptions, and general recommendations the Respondent desires to make. In addition, provide the following information.

o The name of the project lead who will work on the contract and relevant project experience. Identify a Point of Contact and/or Project Manager and provide contact information for questions, notice of selection/non-selection, etc.

o Verification statement that the proposed team individuals are currently employed by the Respondent.

o Confirmation that the general liability insurance, workers’ compensation, and professional liability insurance will be provided before contract execution within ten (10) calendar days of the Contract Award.

o Brief statement providing assurances that the Respondent will be cognizant of, comply with, and enforce all applicable Federal, State, and local laws, regulations, and ordinances, and a description of your Respondent’s methodology for handling errors and omissions in the materials developed as part of this Project.

o Acknowledgment of Addenda.

• Technical Approach:

In this section, Contractors will address their approach to operating, maintaining, and managing the facilities.

This section must provide the following information:

o Management team who will be accountable for the project and the technical personnel that will support the project.

o Individuals for key positions. Provide resumes and summarize technical abilities and experience of the proposed Principal in Charge, Project Manager, and key supervisory staff that would manage and operate the WWTF. Discuss the management plan for overseeing the ongoing operation of the facility.

o Describe training and certification programs for operations and maintenance personnel to maintain and upgrade professional licensure and certifications. Explain internal employee training program(s).

o Describe the plan for ongoing recruiting and development of operation and maintenance personnel. Provide the companywide O&M employee turnover rate and average longevity per employee.

o Provide a Transition Approach should TDEM elect not to renew a contract for this project.

o Provie an operating Plan including the proposed 36,000 gpd facility to be completed during the initial five (5) year term.

o Demonstrate technical understanding of all permit requirements.

o Demonstrate technical understanding of wastewater treatment methodologies that apply to biological nutrient removal and membrane bioreactor technologies.

o Demonstrate technical approach to biosolids treatment and dewatering.

o Describe maintenance and asset management programs.

o Provide an example of monthly and yearly reporting applicable to local, state, and federal laws and regulations.

o List the Contractor’s Experience Modification Rate (EMR) for each of the last three (3) years for contract operations organization only. Summarize the Contractor’s Total Incident Rate (TIR) from the Contractor’s OSHA 200 log and the results of any OSHA audits from the last five (5) years for contract operations and maintenance organizations only.

o List approach and audit method to achieve excellence in environmental performance, including approach to meeting exceptionally low permit requirements. Provide any additional details that will assist TDEM in understanding the Contractor’s approach and commitment to maintaining environmental compliance at the facility. Describe how you maintain competence and current understanding of environmental regulatory statutes.

o Describe the Contractor’s use of any quality management system for optimizing delivery of O&M projects.

o Provide examples of successful programs or ideas the Contractor has implemented at municipal wastewater treatment facilities currently operated by the Contractor, and indicate results including:

Capital or cost savings/efficiency improvements.

Examples of pollution prevention or source reduction ideas initiated.

Examples of energy and cost saving measures that the Contractor has implemented.

o Discuss the Contractor’s approach to community outreach, including sponsorships, volunteerism, and in-kind services. Provide examples of such service projects in the region.

o Technical approach of Wastewater Operation, including understanding of current facility operations.

o Dedicated resources and engineering capability within the region to support staff and the project as needed.

o Detailed proactive and preventative maintenance plan for the WWTF with an ability to leverage regional subject matter experts to perform additional services as requested by TDEM.

o Experience and approach in performing start-up, commissioning, and full operation of an expansion of the WWTF while simultaneously servicing the existing WWTF processes.

2.2 Qualifications

Contractors will demonstrate their ability to undertake TDEM’s project by providing the technical qualifications of the Contractor, individual team members, and principal subcontractors, as applicable.

TDEM reserves the right to conduct an independent investigation of the Contractor’s technical qualifications by contacting project references, accessing public information, inspecting facilities, or contacting independent parties.

Additional information may be requested during the evaluations of technical qualifications. The Contractor will provide the following information to demonstrate its technical qualifications:

• Corporate Profile:

o Provide a description of the Contractor that will serve as the contracting party. Include the history and overall organization structure, including relationships with parent companies and subsidiaries as well as other relevant background of the Contractor.

o Describe the Contractor’s capabilities to provide full contract operations, maintenance, and management of wastewater treatment facilities, and how many years it has engaged in providing contract operations, maintenance, and management services.

o Identify when the Contractor was organized, and if a corporation, where incorporated.

o If the Contractor is a joint venture, the required information will be submitted for each member of the joint venture Contractor. The Contractor will describe the history of the relationships among team members, including a description of past working relationships.

o Provide a description of the circumstances, if any, related to any TDEM employee, or other officer, employee, or person who is payable in whole or in part from TDEM that has or has had any director or indirect personal interest in the Contractor.

o The proposal will also identify which portions of the work, if any, will be subcontracted. If subcontractors are proposed, the proposed contractual relationships between the Contractor and all major partners and subcontractors relative to the project will be outlined in the proposal. Describe the respondent’s depth and resources which would also be available for benefit of TDEM.

o Demonstration of experience in capital planning aspect of wastewater systems. Identify specific projects where such services are provided and the results of such service.

o Describe any pending litigation or litigation that has been settled in the last ten (10) years and how it might affect the Contractor’s ability to fulfill its obligations for this contract/for TDEM.

o If the Contractor has ever been terminated or fired on an Operation and Maintenance contract, name the facility owner and describe the circumstances.

o Describe the Contractor's company position regarding the treatment and respect of employees and/or public. What is the Contractor's company position in respect to business ethics? Explain where this is documented in the Contractor’s policies.

o List the awards and recognition the Contractor has received in the past five (5) years, particularly within the region. Discuss additional relevant awards and recognition for quality, business leadership, and operations standardization. The Contractor may provide a more comprehensive list of awards in other geographic areas as a supplement or appendix to its submittal.

o Minimum personnel qualifications for management/supervisory positions include o Principal-in-charge must have substantial experience in wastewater operation and maintenance and possess either a Texas Class A Wastewater Operator’s license or equivalent from another state with reciprocity. The principal-in-charge must attend all meetings required to update TDEM officials of the operation of the facility. The principal-in-charge must be responsible for contract administration, reporting and all aspects of operations and maintenance performance.

o Operations Manager/Supervisor must have at least five (5) years of experience in wastewater treatment including significant experience with biological nutrient removal, membrane bioreactors, and water reuse / reclamation, and possess a Texas Class A Wastewater Operator’s License or equivalent from another state with reciprocity.

o Maintenance Manager/Supervisor must have at least ten (10) years of experience in wastewater facility maintenance and repair with qualifications and expertise in performing routine and corrective maintenance activities according to manufacture recommendations. Texas Class A Wastewater Operator’s License preferred, not required.

• Financial Qualifications:

o Provide a summary of the Contractor’s financial stability and strength over the past three (3) years. Submit audited financial statements for the past three (3) years. The financial statements must include income statements, balance sheets, and statements of cash flow.

2.3 Relevant O&M Experience and References

Provide the following information:

• Respondents shall provide a minimum of five (5) relevant project references within the last ten (10) years.

where services comparable in size, complexity, and/or scope have been performed. Include, at a minimum, a brief description of the project, length of time services were provided, size of relevant facilities. Identify any claims associated with the project. Provide company or entity name, contact person, their current telephone number and email address. Pictures of the treatment facilities are recommended. TDEM reserves the right to contact these references to verify the vendor’s ability to perform these services. A negative reference may be grounds for the disqualification of your RFP response. NOTE: Compliance history and safety record will be considered.

• Relevant Operation and Maintenance experience and existing client satisfaction in the region and/or State of Texas.

• Provide information about the Contractor’s overall experience with operating wastewater treatment facilities of similar size and scope in the region, specifically with MBR operating experience.

• Present a summary of the Contractor’s existing client base, the renewal rate, and any problems experienced with past clients in the region. Also, describe the average life of the Contractor’s existing contracts with these clients. Specifically, provide the facility size, duration of relationship, and processes utilized on representative treatment facilities, the Contractor operates under a private and/or public-private contract operations and maintenance arrangement in the region. Describe experience operating an interim package plant during construction of a new wastewater facility.

• Describe the Contractor’s experience performing start-up and operation of a new WWTF while operating existing facilities.

• Describe the Contractor’s experience and capacity to serve communities in the region.

• Describe the Contractor’s local presence and ability to provide additional resources within seventy-five

(75) miles of the facility to support emergency or unexpected operating conditions.

• Provide a minimum of five (5) relevant project references within the last ten (10) years. Include, at a minimum, a brief description of the project, length of time services were provided, size of relevant facilities. Identify any claims associated with the project. Provide owner information, contact person, and their current telephone number. Pictures of the treatment facilities are recommended. NOTE: Compliance history and safety record will be considered.

• Describe the Contractor’s experience operating wastewater treatment plants during capital upgrades and replacements.

• Describer the Contractor’s experience operating recycled water systems with preference to Type 1 reclaim water systems of similar size.

• Provide a list of the Contractor’s contracts that have been terminated in the last five (5) years.

• Provide a list of the Contractor’s contracts with regulatory issues from the last five (5) years.

• Describe any Contractor’s operating permit violations for facilities in the last three (3) years. Include an explanation of the cause(s) and the means/timeframe required to resolve them.

• Provide details about your liability coverage for environmental fines and liability as well as any costs resulting from negligent operations that resulted in plant upsets or equipment failures and permit violations. Describe specifically how that coverage would apply to TDEM’s projects.

2.4 Additional Capabilities

Provide the following information:

• Detail the Contractor’s engineering resources to perform as a General Contractor for Capital Improvement Projects. Explain how these resources are sourced (i.e., from affiliate companies, subcontractors) and whether these services are provided as part of the services offered under the base operating fee (as opposed to hourly billing).

• Highlight other capabilities of the Contractor that could be brought to bear on this project.

2.5 Local Business Presence

Document if your firm does or does not have a principal place of business or a satellite office for at least one (1) year within 10 miles of the proposed new TDEM HQ & SEOC. Provide the physical address of the business/office of the closest office to the proposed new TDEM HQ & SEOC.:

2.6 Specifications

It is understood that TDEM cannot list every generally acceptable practice that should be associated within a scope of work of this magnitude. As such TDEM has an expectation that the selected contractor will perform the necessary scoping items that are reasonable and rational. TDEM does not expect to receive out-of-scope change orders because a single specific item was not discussed in this scope. Services may include, but are not limited to, the following:

• Maintain all land, buildings, improvements, and permanent equipment. Equipment maintenance shall be performed in accordance with the manufacturer’s recommendations, and the Contractor will be required to provide proof thereof to the satisfaction of TDEM.

• Provide and document all preventive maintenance and corrective maintenance with approved computerized maintenance management system (CMMS).

• Maintain aesthetics of all facilities associated with this RFP to include but not limited, to landscaping, exterior painting, security entrance gate and fencing, etc. If unacceptable to TDEM, successful Contractor will be notified and given 5 business days to remedy.

• Responsible for rodent and other vector control at all facilities as needed.

• Implement Safety and Emergency Response Programs. The contractor shall perform services in a safe, secure, effective, and efficient manner. Workplace safety shall be maintained at both facilities according to best practices for facilities of similar size and scope within the Region.

• Responsible for compliance with the State of Texas regulatory requirements and all other applicable local, state, and federal laws and regulations. Prepare all TLAP permit reports pertaining to the facilities in accordance with industry standards and TLAP reporting requirements to the Texas Division of Emergency Management, TCEQ, and other appropriate regulatory agencies for the following:

• TLAP Permit #WQ0016871001

• TLAP onsite land application of WWTF effluent.

• TCEQ and Storm Water Pollution Prevention Plan.

• Pending - Reclaimed Type I & Type II wastewater reuse authorization.

• Contractor shall be liable for fines or civil penalties which may be imposed by a regulatory agency for violations of the effluent quality requirements that are a result of Contractor’s negligent operation.

Contractor shall be liable for all judgments, liabilities, damages, claims, and other costs precipitated by violations of the plant’s wastewater discharge permit, caused by Contractor’s negligence. Should TDEM be assessed fines as a result of Contractor negligence in performance of its contractual obligations, Contractor will reimburse TDEM for such fines within thirty (30) days of payment/due date.

• Biosolids Management: Contractor shall prepare, implement, monitor, and report information for the Biosolids Management Plan required by TDEM. This can include but is not limited to:

• Processing, monitoring, transporting, and disposing of all solids (including screenings and biosolids) generated at the wastewater treatment facilities to TDEM-approved disposal facility.

• Prepare and submit annual biosolids reports and regulatory sampling requirements.

• Retain all biosolids records and provide copies of all reports to TDEM.

• Perform all laboratory and analytical services required for process control and permit reporting for the facilities and beneficial use sites.

• Provide a Communications Plan to include the following reports:

• Monthly Effluent Reports (MER) as submitted to TCEQ for monthly TLAP reporting.

• Monthly Operation and Maintenance reports (MOR)

• Annual Operations and Maintenance Report.

• Operate all processes and facilities in such a manner to minimize odors.

• Provide access for periodic inspection of all facilities as requested by TDEM during normal hours of operation.

• Sponsor and participate in community events annually.

• Provide a Capital Improvement Plan estimate and Operations and Maintenance Fee (including chemicals and utilities) for incorporation into TDEM’s annual budget process.

• Perform start-up, operations, and maintenance of the new MBR WWTF during the initial 2-year term.

• Coordinate and work with TDEM to explore alternative delivery methods to implement capital improvements in the most cost-effective manner.

• Cooperate and assist with TDEM and any consultants and contractors retained by TDEM for any planning, design, and construction related to the Facilities or project equipment.

• On a periodic basis, the Contractor may be asked to provide or coordinate additional and/or out-of-scope services. These services are apart from the base services. TDEM, at its option, may award separate task orders for the additional and/or out-of-scope services. Each task order shall be separately negotiated based upon a fee schedule or cost proposal provided by the Contractor.

2.7 Pre-Proposal Meeting and Site Tour Mandatory Meeting

TDEM will conduct a mandatory pre-proposal meeting and site tour on July 28, 10:00AM-12:00PM. The pre-proposal meeting/tour may last up to two (2) hours and will be held in the TDEM HQ & SEOC Vaughn Construction Trailer Conference Room located at 4125 FM 973, Austin, Texas. This will be your only opportunity to tour the facilities. Please dress accordingly.

The purpose of the pre-proposal meeting is to provide an opportunity for Respondents to view the facility with a site tour included. Questions will not be addressed during this Meeting/Tour but should be documented and submitted in writing by the question deadline per the instructions in Section VIII. Subsection 18. All questions and answers will be documented and provided as Addenda per Section VIII. Subsection19.

Interested Contractors should ensure that they meet or exceed the minimum operational requirements set forth in this document prior to attending. Failure to attend the mandatory pre-proposal meeting and site tour will result in disqualification of your proposal submission.

2.8 Specifications Definitions

TERM DEFINITION

Contract Any Contract resulting from this solicitation, consisting of the Contract documentation as provided in Section 2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

Subcontractor Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a

Prime Contractor or another subcontractor, SECTION 3

GENERAL INFORMATION

3.1 Submittal Deadline and Location

All responses must be received by TDEM no later than August 19, 2026 @ 2:00 PM CT

Late responses will not be considered under any circumstances. TDEM shall not be responsible for failure of electronic equipment or operator error.

3.2 Submittal Instructions

3.2.1 Proposals including Execution of Offer (Section 6) must be signed by Respondent’s company official authorized to commit to such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification.

3.2.2 Complete proposals must be submitted through the AggieBid portal.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

NOTE: Respondents must be a registered vendor. If you need assistance with vendor registration, please reach out to vendorhelp@tamu.edu.

All electronic copies must either be in Microsoft Office software or Adobe Portable Document Format (PDF). All image files must be in one of the following formats: .jpg, .gif, .bmp, or .tif. We prefer image files to already be inserted as part of a document such as a PDF.

3.3 Texas Division of Emergency Contacts

All questions related to this RFP must be sent through the AggieBid portal. The TDEM point of contact for this solicitation is:

Joanna K. Morgan-Schaede, CTCD, CTCM Contract Administrator II/Agency Coordinator joanna.morgan-schaede@tdem.texas.gov

TDEM specifically requires that Respondents restrict all contact and questions regarding this RFP to the above-named individuals. The deadline for questions is July 31, 2026 2:00 PM CT. ALL QUESTIONS SHOULD BE SUBMITTED THROUGH AGGIEBID PORTAL. Exceptions to submission via the AggieBid portal may be granted, at the sole discretion of TDEM, in the event the Respondent is having unresolvable technical difficulties with the portal. While in the vast majority of cases, TDEM will not answer questions submitted after the deadline, TDEM reserves the right to answer, solely at its discretion, what it considers particularly pertinent questions submitted after the deadline. What is considered “particularly pertinent” is a subjective decision made solely by TDEM. It is the Respondents’ responsibility to check the FRP Q&A Board for answers to questions. https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

3.4 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and posted in AggieBid portal. All such addenda issued by TDEM prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal.

Only those TDEM replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.

3.5 Electronic State Business Daily (ESBD) Website

It is the responsibility of interested vendors to regularly check the ESBD for any possible addenda to this project. The RFP is inclusive of all addenda issued.

http://www.txsmartbuy.com/esbd

3.6 Open Records

TDEM considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government code, Chapter 552) after an agreement is awarded.

Respondents are hereby notified that TDEM strictly adheres to all Statutes, court decisions, and the opinions of the Texas Attorney General regarding the disclosure of RFP information.

3.7 Terms and Conditions

The Terms and Conditions (see Section 4 and Appendix C) shall govern any Agreement issued as a result of this solicitation RFP.

Any terms and conditions attached to a Response will not be considered. Additional or attached terms and conditions may result in the disqualification of your proposal. Examples of unacceptable terms and conditions include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

By submitting a proposal, Respondents agree to all items in this RFP.

3.8 Proposal Components

The following documents are to be returned as part of your proposal submittal:

Technical Proposal (See Section 2.1) Qualifications (See Section 2.2) Relevant O&M Experience and References (See Section 2.3) Certificate of Insurance (See Section 5) VetHUB Subcontracting Plan (See Section 5) Signed Execution of Offer (See Section 6) Respondent’s Questionnaire (See Section 7) Pricing (See Section 8) Non-Collusion Affidavit (See Section 10) Any Addendums, if applicable

FAILURE TO SUBMIT ANY OF THE ABOVE REQUIRED DOCUMENTS WILL RESULT IN PROPOSAL

DISQUALIFICATION

SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal. The Texas Division of Emergency Management (TDEM) Standard Terms and Conditions attached to the solicitation in AggieBid and as Appendix D in this document, are also a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal. By submitting a proposal, Respondents agree to all Terms & Conditions without exception.

Each response should be prepared simply and economically, providing a straightforward and concise description of the Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

In accordance with Texas Education Code 51.9335, TDEM shall make the award based on, but not limited to, the following best value criteria:

• The purchase price;

• The reputation of the vendor and of the vendor's goods or services;

• The quality of the vendor's goods or services;

• The extent to which the goods or services meet the institution's needs;

• The vendor's past relationship with the institution;

• The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities;

• The total long-term cost to the institution of acquiring the vendor's goods or services;

• Any other relevant factor that a private business entity would consider in selecting a vendor;

• The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for proposals for use of the unique material specified.

Additionally, all respondents are hereby notified that TDEM shall consider all factors it believes to be relevant in the determination of the “Best Value” including, but not limited to: past experience, references, proposal, and price. TDEM’s decision is final. Note that the above listed “best value” criteria may or may not appear as individual or specific criteria in RFP Section 9 - Evaluation Criteria.

Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

4.2 Final Review and Approval

Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of the proposal. The vendor agrees to protect the State from claims involving infringement of patents or copyrights.

The vendor hereby assigns to purchaser, all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec.

15.01, et seq. (1967).

Questions should be directed to the TDEM official(s) identified in Section 3.3 of this Request for Proposal.

Proposals and any other information submitted by Respondent in response to this Request for Proposal shall become the property of TDEM.

TDEM will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, product evaluations or demonstrations that may be made, unless otherwise expressly indicated.

Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by TDEM at its option.

4.3 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

Proposal shall mean Respondents offer.

Agency shall mean the Texas Division of Emergency Management.

Texas A&M shall mean Texas A&M University and all System members.

Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein.

Agreement shall mean the formal Contractual Agreement entered into between TDEM and the Vendor as a result of this RFP by means of purchase order and/or separate written contract.

4.4 Time of Performance

Time is of the essence in the rendering of services. Seller agrees to perform all obligations and render services set forth per this proposal.

4.5 Default

In the event that the Vendor fails to carry out or comply with any of the terms and conditions of the agreement with TDEM, TDEM may notify the Vendor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, TDEM shall have the right to cancel the agreement upon thirty (30) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not affect or relieve Vendor from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by TDEM shall not limit any other right or remedy available to TDEM at law or in equity.

4.6 Termination

4.6.1. For Convenience:

The agreement may be terminated, without penalty, by TDEM without cause by giving thirty (30) days written notice of such termination to the seller.

4.6.2. In no event shall such termination by TDEM, as provided for under this Section give rise to any liability on the part of TDEM including, but not limited to, claims of Vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. TDEM’s sole obligation hereunder is to pay

Vendor for products and/or services ordered and received prior to the date of termination.

4.6.3. TDEM reserves the right to immediate cancellation, without penalty, due to non-performance

4.7 Funding Out

This agreement is subject to cancellation without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature, or otherwise made available to the using agency.

4.8 Agreement Amendments

No modification or amendment to the agreement shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the agreement must be forwarded to the TDEM Purchasing Department for prior review and approval. Only the CFO, Division Chief, Business Services, or his/her designee will be authorized to sign changes or amendments.

4.9 Independent Vendor Status

Vendor agrees that Vendor and Vendor’s employees and agents have no employer-employee relationship with TDEM. TDEM shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will TDEM furnish any medical or retirement benefits or any paid vacation or sick leave.

4.10 Right to Audit

At any time during the term of this agreement and for a period of four (4) years thereafter TDEM or duly authorized audit representative of TDEM, or the Texas A&M University System, at its expense and at reasonable times, reserves the right to incrementally audit Vendor’s records and manufacturer’s pricing relevant to all pricing provided under this agreement. In the event such an audit by TDEM reveals any errors/overpayments by TDEM, Vendor’s shall refund TDEM the full amount of such overpayments within thirty (30) days of such audit findings, or TDEM at its option reserves the right to deduct such amounts owing TDEM from any payments due Vendor.

4.11 Sales and Use Tax

TDEM, as a member of the Texas A&M University System, an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.

4.12 Observance of TDEM Rules and Regulations

Vendor agrees that at all times its employees will observe and comply with all regulations of the Agency, including but not limited to parking and security regulations.

4.13 Non-Disclosure

Vendor and TDEM acknowledge that they or their employees may, in the performance of the resultant agreement, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with Seller or TDEM unless required by law.

4.14 Publicity

Vendor agrees that it shall not publicize this agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of TDEM’s name in connection with any sales promotion or publicity event without the prior express written approval of TDEM.

4.15 Severability

If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

4.16 Non-Waiver of Defaults

Any failure of TDEM at any time, to enforce or require strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of TDEM at any time to avail itself of same.

4.17 Governing Law

The substantive laws of the State of Texas (and not its conflicts of law principles), USA, govern all matters arising out of or relating to this Agreement and all the transactions it contemplates. Texas law shall govern regardless of any language in any attachment or other document that the Seller may provide.

4.18 Intellectual Property

Pursuant to the Agreement, the Agency will license specified uses of certain of its intellectual property and assets during the Term of the Agreement, as contemplated herein. However, TDEM shall, in all cases, retain exclusive ownership of any and all such intellectual property and assets, including any and all derivative property and assets developed during the Term of the Agreement. The Proposer shall acknowledge TDEM's ownership of its intellectual property in the Agreement and shall agree to assign any and all such intellectual property to TDEM at the expiration or termination of the Agreement, if requested by TDEM.

4.19 Venue

Pursuant to Section 85.18 (b), Texas Education Code, venue for a state court suit filed against The Texas A&M University System, any member of The Texas A&M University System, or any officer or employee of The Texas A&M University System is in the county in which the primary office of the chief executive officer of the system or member, as applicable, is located. At execution of this Agreement, such county is Travis County, Texas. Venue for any suit brought against The Texas A&M University System in federal court must be in the Houston Division of the Southern District of Texas.

4.20 Export Control

Vendor agrees to comply with all applicable US Export Control laws and regulations to include the Export Administration Regulations (EAR), the International Traffic in Arms (ITAR) and any other applicable US export laws and regulations. As an institution of higher learning, THE AGENCY typically does not take receipt of export-controlled goods, technical data, services, or technology (“Materials”) except as may be specifically agreed by the Agency. Vendor agrees that it will not provide or make accessible to the Agency any export-controlled materials without first informing the Agency of the export-controlled nature to the Materials and obtain from the Agency its written consent to accept such Materials as well as any specific instructions for delivering controlled Materials to the Agency. Vendor agrees to obtain government approval or export license if required from the appropriate US Government agency and to share that information with the Agency prior to delivery of such. Materials. In the event that any purchased item is export controlled under the U.S. Export Control Regulations, Vendor shall provide the Agency with the export control classification and failure to do so may result in the cancellation of the respective purchase order or agreement.

4.21 Clarifications

TDEM may, by written request, ask a Respondent for additional information or clarification after reviewing the proposals received for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give Respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. TDEM will not assist Respondent in bringing its proposal up to the level of other proposals through discussions. TDEM will not indicate to Respondent a cost or price that it must meet to obtain further consideration nor will it provide any information about other Respondents’ proposals or prices.

4.22 Best and Final Offer

TDEM, in its sole discretion, may request Respondents to submit a Best and Final Offer. Respondents must submit their Best and Final Offers in writing. If a Respondent does not respond to the request for a Best and Final Offer, that Respondent’s most recent prior offer will be considered to be its Best and Final Offer.

SECTION 5

CONTRACTUAL REQUIREMENTS

5.1 Texas Public Information Act

Respondent acknowledges…