ESBD_567617_1791926518678_00 REQUEST FOR PROPOSALS DOCUMENT.pdf

MASON COUNTY, TEXAS

REQUEST FOR PROPOSALS

# 26-030-MA

MASON COUNTY HAZARD MITIGATION PLAN

UPDATE

ISSUED: October 05, 2026

PROPOSALS DUE: October 30, 2026; 5:00PM CST

Article I. OVERVIEW AND GENERAL INFORMATION.

Mason County, Texas (the “County”) is soliciting Proposals from qualified and experienced consulting firms to prepare an update to the County’s Hazard Mitigation Plan (HMP) in accordance with the requirements set forth in this Solicitation (the submitting parties “Respondents” and the submissions “Proposals”). This project is funded through a grant administered by the Texas Division of Emergency Management (TDEM) and must comply with all requirements of the Federal Emergency Management Agency (FEMA), including 44 CFR §201.6

The objective of this Solicitation is to identify and contract with a Respondent that demonstrates the capability, expertise, and resources necessary to deliver high-quality services that meet the operational and performance needs of THE COUNTY. The successful Respondent will be selected based on their demonstrated ability to satisfy the evaluation criteria described in this document.

All Proposals must be submitted in accordance with the instructions contained herein. Proposals that do not comply with the requirements and submission guidelines may be rejected as non-responsive.

Section 1.01 OPPORTUNITY INFORMATION.

Solicitation Title: MASON COUNTY HAZARD MITIGATION PLAN UPDATE Solicitation Number: 26-030-MA Solicitation Contact: Ally Yonker Contact Title: County Treasurer Contact Phone: 325-347-5251 Contact Email: ally.yonker@co.mason.tx.us

Section 1.02 OPPORTUNITY TIMELINE.

EVENT DATE/DATE RANGE TIME

Solicitation Issued October 05, 2026 - Deadline for Questions/Clarifications October 16, 2026 5:00PM Amendment issued, if applicable (Respondents should check the website for any addenda)

As necessary -

Deadline for Proposal Submission October 30, 2026 5:00PM Anticipated Notice of Recommendation(s) for Award

November 2026 -

Anticipated Commissioner’s Court Decision November 2026 -

Article II. SCOPE OF WORK AND SPECIFICATIONS.

Section 2.01 SCOPE OF WORK AND SPECIFICATIONS.

The selected Consultant will prepare a FEMA-approvable Hazard Mitigation Plan update for Mason County. In addition to the County, participating entities include The City of Mason, Texas, and Mason Independent School District. See full Scope of Work included as Exhibit A.

mailto:ally.yonker@co.mason.tx.us

At minimum, services shall include:

• Project management and coordination with County, City, and TDEM.

• Documentation of the planning process.

• One (1) project kickoff meeting including in-person and virtual options.

• A minimum of three (3) local planning meetings including in-person and virtual options.

• A minimum of three (3) public workshops including in-person and virtual options.

• A minimum of three (3) public meetings including in-person and virtual options.

• Comprehensive hazard identification and risk assessment.

• Vulnerability assessment using multiple data sources.

• GIS-based mapping and spatial analysis.

• Critical facilities inventory and mapping.

• Capability assessment.

• Development of a mitigation strategy.

• Plan maintenance procedures.

• Preparation of draft and final plan documents.

• Coordination through TDEM and FEMA review.

• Assistance through FEMA Approval Pending Adoption (APA) and final approval.

The final product must meet FEMA Local Mitigation Plan requirements under 44 CFR 201.6 and current TDEM guidance.

Respondents are responsible for reviewing all exhibits and ensuring that their Proposal fully addresses and complies with each requirement. All goods or services offered must meet or exceed the minimum specifications unless otherwise expressly stated. Any proposed deviations, substitutions, or alternative approaches must be clearly identified and justified in the Proposal;

acceptance of such deviations shall be at the sole discretion of THE COUNTY. The Successful Respondent shall furnish all items or services in accordance with the timelines, conditions, and standards established by this Solicitation and any resulting contract. Failure to meet the specifications or performance requirements may result in rejection of the Proposal or termination of any contract awarded.

Section 2.02 INSURANCE REQUIREMENTS.

The successful Contractor shall maintain insurance coverage appropriate to the services and risks associated with the resulting contract. Minimum insurance requirements, including applicable coverage types, limits, endorsements, and other requirements, will be specified in the resulting contract. Prior to commencement of work, the Contractor shall provide certificates of insurance and, when required, applicable endorsements evidencing the required coverage. THE COUNTY reserves the right to require additional insurance or higher limits when reasonably necessary based on the nature and risk of the work.

Article III. MINIMUM QUALIFICATIONS AND ELIGIBILITY.

Section 3.01 MINIMUM QUALIFICATIONS.

Firms responding to this RFP must demonstrate the following minimum qualifications:

• Experience preparing FEMA-approved Local Hazard Mitigation Plans.

• Experience working with Texas jurisdictions and familiarity with TDEM review processes, or comparable alternatives.

• Demonstrated GIS capability and mapping expertise.

• Experience conducting public engagement meetings.

• Knowledge of FEMA Hazard Mitigation Assistance (HMA) programs.

• Ability to complete the project within the grant performance period.

Firms without documented FEMA-approved plan experience may be deemed non-responsive.

Section 3.02 ELIGIBLE RESPONDENTS.

Only individuals or firms from lawfully formed business organizations may participate in this process. THE COUNTY will contract only with the individual and/or firm that submits a Proposal and is not on hold or debarred with the State of Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of THE COUNTY nor will the firm and/or individual be eligible for any benefits provided by THE COUNTY.

Section 3.03 SMWVBE, HUB, AND DBE PARTICIPATION.

THE COUNTY encourages participation by Small, Minority-Owned, Women-Owned, Veteran- Owned, Historically Underutilized Businesses (HUBs), and Disadvantaged Business Enterprises (DBEs). Respondents are encouraged to indicate their status as a SMWVBE, HUB, or DBE business in their Proposal and include any relevant certification documentation. Respondents are also encouraged to consider partnering or subcontracting with such businesses when assembling their project team.

Section 3.04 STATE AND FEDERAL DEBARMENT AND SUSPENSION.

By submitting a Proposal in response to this Solicitation, the Respondent certifies that neither the Respondent nor its principals are currently debarred, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this procurement by any Federal or State of Texas department or agency. If the Respondent is unable to certify any of these statements, an explanation must be provided with their Proposal. Debarment, pending debarment, ineligibility, or voluntary exclusion by any Federal or State of Texas department or agency may result in the Respondent being deemed non-responsible. By signing and submitting a Proposal in response to this Solicitation, the Respondent certifies compliance with this requirement.

Section 3.05 RESPONSIVE PROPOSALS.

For a Respondent to be eligible for contract award, the Proposal must be responsive to the Solicitation. Responsive Proposals are those that comply with all material aspects of the Solicitation. Proposals which do not comply with all the requirements of the Solicitation may be rejected and deemed non-responsive. THE COUNTY reserves the right to deem Proposals non-responsive if required components are missing or fail to follow instructions.

Section 3.06 RESPONSIBLE RESPONDENTS.

Responsible Respondents must meet several qualifications to be considered for contract award.

These include having adequate financial resources or the ability to obtain such resources as needed during contract performance, a satisfactory record of past performance, and the necessary management and technical capabilities to fulfill the requirements of the contract. Additionally, Respondents must be an established firm regularly engaged in the type of business required for the contract, and they must be qualified and eligible to receive an award under applicable federal, state, county, or municipal laws and regulations.

Section 3.07 SUBCONTRACTORS.

The Respondent shall identify all proposed subcontractors, if any, and describe the scope of work to be performed by each subcontractor. THE COUNTY reserves the right to approve or disapprove subcontractors and may require substitution of a subcontractor that is determined to be unacceptable or noncompliant with applicable requirements. The Respondent shall remain fully responsible for the performance of the contract and for all acts and omissions of its subcontractors.

(a) AFFIRMATIVE STEPS TO USE SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.

In accordance with 2 CFR §200.321, Respondents are required to take all necessary affirmative steps to ensure that small businesses, minority-owned firms, veteran owned business enterprises, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps may include placing qualified firms on solicitation lists, ensuring such firms are solicited whenever they are potential sources, dividing total requirements into smaller tasks to permit maximum participation, establishing delivery schedules that encourage participation, and using the services of the Small Business Administration and the Minority Business Development Agency. Documentation of these efforts may be required upon request.

(b) DEBARMENT AND SUSPENSION OF SUBCONTRACTORS.

The successful Respondent shall not subcontract with any entity that is debarred, suspended, or otherwise excluded from participation in state or federally assisted contracts or subcontracts. The successful Respondent will be responsible for verifying the eligibility of all subcontractors and for ensuring compliance with applicable debarment and suspension requirements throughout the contract term. THE COUNTY may require certification or verification of subcontractor eligibility at any time.

(c) COMPLIANCE AND FLOW-DOWN REQUIREMENTS.

All subcontractors will be required to comply with the applicable terms, conditions, and requirements of the contract, including any federal, state, and local requirements incorporated therein. The Respondent shall ensure that all applicable contract provisions are flowed down to subcontractors as required by law or contract and shall be responsible for monitoring subcontractor compliance.

Article IV. INSTRUCTIONS TO RESPONDENTS.

Section 4.01 COMMUNICATION WITH STAFF PROHIBITED.

From the issuance date of this Solicitation until the contract award, all communication regarding this Solicitation must be directed solely to the designated contact person listed in this Solicitation.

Any attempt by a Respondent or its representatives to communicate with COUNTY staff, board members, or other individuals involved in the procurement process outside of the designated contact may result in disqualification. This includes, but is not limited to, unsolicited contact regarding the project’s status, technical clarifications, or lobbying efforts. Respondents are prohibited from engaging in discussions or correspondence with COUNTY staff that may be perceived as influencing the outcome of the selection process.

Section 4.02 SPECIFICATIONS AND INSTRUCTIONS.

Respondents are expected to examine the specifications, terms and conditions, and all instructions included in this Solicitation. Failure to do so will be at the Respondent’s risk. Proposals that are submitted on anything other than authorized forms or with different terms or provisions may not be considered responsive. All interpretations of the specifications shall be made on the basis of the following statement: The apparent silence of the specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

Section 4.03 QUESTIONS, INQUIRIES, AND CLARIFICATIONS.

All questions, inquiries, or requests for clarification regarding this Solicitation must be submitted in writing to the designated contact person by the deadline specified in the Solicitation schedule.

Formal responses will be provided through written addenda and posted on THE COUNTY’s website as soon as practicable. The names of those submitting questions will not be disclosed. Oral explanations or discussions during the solicitation process, including discussions or questions asked at any pre-proposal conference or site visit are not binding, and only written responses issued in the addenda will be considered official. It is the responsibility of each Respondent to ensure they have received all relevant addenda before submitting their Proposal.

Section 4.04 ADDENDA AND AMENDMENTS.

THE COUNTY may issue addenda or amendments to clarify, modify, or supplement this Solicitation, which will be posted on THE COUNTY’s website where the original RFP is published. No addenda or amendments will be issued less than forty-eight (48) hours before the submission deadline unless THE COUNTY determines an extension is necessary, in which case the deadline will be extended by addendum. Respondents are solely responsible for monitoring THE COUNTY website, reviewing all issued addenda and amendments, and acknowledging receipt in their Proposal. Failure to acknowledge all issued addenda and amendments may result in the Proposal being deemed non-responsive.

Section 4.05 CONFIDENTIALITY AND PUBLIC INFORMATION.

THE COUNTY is subject to the Texas Public Information Act, Chapter 552, Texas Government Code (“TPIA”), and Proposals and related materials submitted in response to this Solicitation are subject to disclosure as required by law. THE COUNTY does not determine whether information is exempt from disclosure. A Respondent claiming an exception to disclosure shall submit both redacted and unredacted copies of its Proposal, clearly identify each specific item claimed to be confidential or exempt, and provide the applicable legal basis under the TPIA; blanket claims of confidentiality will not be accepted. If a Respondent fails to properly identify and substantiate information claimed to be exempt, THE COUNTY may disclose the information as required by law. If THE COUNTY receives a request for information that may be subject to a claimed exception, THE COUNTY will comply with applicable law, including any required notice to the Respondent and opportunity to assert its position before the Texas Attorney General. By submitting a Proposal, the Respondent acknowledges that THE COUNTY cannot guarantee the confidentiality of submitted information and shall not be liable for disclosures made in compliance with applicable law.

Section 4.06 VALIDITY OF PROPOSALS.

All Proposals submitted in response to this Solicitation must remain valid and open for acceptance for a period of ninety (90) days from the submission deadline. During this period, the Respondent agrees not to withdraw or modify their Proposal, except as may be requested or agreed upon by THE COUNTY. If the Proposal is not accepted within this period, it will be deemed to have expired, and the Respondent may withdraw their Proposal without penalty. THE COUNTY reserves the right to extend the validity period with mutual written agreement from the Respondent.

Section 4.07 BRAND NAMES AND APPROVED EQUALS.

Any materials or processes specified by patent, proprietary name, or manufacturer in the specifications are for descriptive purposes only and are understood to include "or equivalent," unless otherwise stated. Any reference to specific products, manufacturers, brand names, or model numbers is for descriptive purposes only and is not intended to limit competition. Proposals offering products or services determined by THE COUNTY to be equal in quality, performance, functionality, and reliability to those specified will be considered. Respondents offering “approved equals” must clearly identify any proposed alternatives and provide sufficient documentation to demonstrate equivalency. THE COUNTY reserves the right to make the final determination of equivalency.

Section 4.08 TAXES AND INTEREST.

THE COUNTY is exempt from applicable state and local sales and use taxes. Respondents shall not include such taxes in their Proposal and shall be responsible for all taxes applicable to their business, income, employees, or property. Tax exemption certificates will be provided upon request. THE COUNTY shall not be responsible for interest, late charges, or other financing costs unless expressly authorized in the resulting Contract.

Section 4.09 PROPOSAL FORMAT AND CONTENT.

Respondents must submit their Proposals in two distinct parts: a Technical Proposal and a Price Proposal. Both Proposals must be submitted according to the guidelines outlined in this section to ensure a complete and compliant Proposal.

(a) Technical Proposal. To facilitate consistent evaluation, Respondents shall organize their

Technical Proposal in the following order and address each item identified below.

Respondents should be concise and focus their responses on the specific requirements and objectives of this solicitation.

1. Firm Overview

2. Project Team (including resumes and roles)

3. Relevant Project Experience (minimum of three similar projects)

4. Proposed Project Approach and Schedule

5. Public Engagement and Stakeholder Engagement Strategy

6. References (minimum of three)

7. Exceptions or Proposed Alternatives: Clearly identify any material exceptions, exclusions, assumptions, or proposed alternatives to the requirements of the Scope of Work. Failure to identify an exception or exclusion may result in the Respondent being responsible for satisfying the applicable requirement at no additional cost.

8. Required Forms, Certifications, and Assurances.

(b) Price Proposal. The Price Proposal shall be submitted as a separate document from the Technical Proposal and shall be clearly identified as the Price Proposal. The Price Proposal shall include all costs necessary to fully perform the Scope of Services, including labor, materials, equipment, travel, fees, overhead, and other applicable costs, and shall be submitted using the pricing format or schedule provided in this Solicitation. Unless otherwise specified, proposed prices shall be firm for the duration of the resulting Contract.

(c) Proposal Submission Guidelines. To ensure compliance and facilitate an efficient evaluation process, all Proposals must adhere to the following guidelines:

1. Proposals shall be no more than twenty-five (25) pages maximum, excluding the cover letter, table of contents, resumes, work samples/links, references, and required certifications/forms.

2. All Proposals should be submitted in a clear, organized, and legible format. Use a standard font (e.g., Arial, size 11 or 12) and 1-inch margins. Proposals should be paginated and include a table of contents for easy reference.

3. Emailed Proposals Only: The Technical Proposal and Price Proposal shall be submitted electronically by email as separate PDF documents. The combined file size of the Technical Proposal and Price Proposal shall not exceed twenty-five (25)

MB. If submitting redacted copies of the proposal documents, the redacted documents may be submitted in a separate email.

Section 4.10 SUBMISSION INSTRUCTIONS.

THE COUNTY prefers electronic submission of proposal documents by email; however, Respondents may submit proposals either electronically by email or in hard-copy format.

Respondents shall submit the Technical Proposal and Price Proposal as separate documents in accordance with the requirements of this RFP. Respondents are not required to submit both electronic and hard-copy versions.

(a) Electronic Submission (Preferred). Electronic proposals shall be submitted by email to the THE COUNTY at ally.yonker@co.mason.tx.us. The Technical Proposal and Price Proposal shall be submitted as separate PDF documents. The combined file size of the Technical Proposal and Price Proposal shall not exceed twenty-five (25) MB. The email subject line shall clearly identify the solicitation number and title. Upon receipt, THE COUNTY will maintain the proposal in a secure manner and restrict access to the proposal materials from members of the evaluation committee and other unauthorized persons until after the proposal submission deadline has passed and the proposals have been formally received for evaluation. Respondents are solely responsible for ensuring that their complete proposal is successfully received by THE COUNTY prior to the submission deadline.

(b) Hard-Copy Submission. Respondents electing to submit a hard-copy proposal shall deliver the required proposal documents to:

Mason County, Texas Attn: Ally Yonker P.O. Box 475 Mason, TX 76856

Hard-copy proposals shall be sealed and clearly marked on the exterior packaging with the solicitation number, solicitation title, Respondent's name, and the words "SEALED PROPOSAL". Hard-copy proposals received prior to the deadline shall be maintained securely by THE COUNTY and shall not be provided to the evaluation committee until after the submission deadline has passed.

Section 4.11 MODIFICATIONS PRIOR TO DEADLINE.

A Respondent may modify their Proposal at any time prior to the submission deadline by submitting a written request to the designated contact person listed in this Solicitation. The modification must clearly indicate which part of the original Proposal is being changed, and the Respondent must resubmit the entire modified Proposal. Modifications received after the submission deadline will not be considered. It is the responsibility of the Respondent to ensure that all modifications are received and acknowledged by THE COUNTY before the deadline. Any modified Proposals will be evaluated along with the original submission, and the most current Proposal will be used for consideration.

Section 4.12 WITHDRAWAL OF PROPOSAL.

mailto:ally.yonker@co.mason.tx.us

A Respondent may withdraw their Proposal at any time prior to the submission deadline by providing a written request to the designated contact person listed in this Solicitation. Such requests must be signed by an authorized representative of the Respondent. Once the submission deadline has passed, Proposals may not be withdrawn or modified without the express written consent of THE COUNTY. Any Respondent who withdraws their Proposal after the deadline may be subject to disqualification from future solicitations at THE COUNTY's discretion.

Section 4.13 SUBMISSION DEADLINE.

Proposals must be received by THE COUNTY no later than the date and time specified in this Solicitation. Proposals received after the stated submission deadline will not be considered and will be returned unopened or deemed non-responsive, at THE COUNTY’s sole discretion. It is the sole responsibility of each Respondent to ensure that its Proposal is delivered in accordance with the instructions and received by THE COUNTY prior to the submission deadline, regardless of delivery method. THE COUNTY is not responsible for delays caused by mail delivery, courier services, electronic transmission issues, or other circumstances beyond its control.

Section 4.14 COST OF SUBMISSION AND SAMPLES.

All costs incurred by a Respondent in the preparation, submission, and presentation of a Proposal, including any costs associated with providing samples, demonstrations, or interviews, are the sole responsibility of the Respondent. THE COUNTY shall not be liable for any costs incurred by Respondents in connection with this Solicitation, and all submitted materials and samples shall become the property of THE COUNTY and will not be returned unless otherwise stated in this Solicitation.

Section 4.15 NON-RESPONSE TO SOLICITATION.

THE COUNTY requests that firms not submitting a Proposal in response to this Solicitation provide written notice of non-response, including the firm’s name and a brief statement of the reason for not responding. Submission of a non-response notice is voluntary and is requested for informational purposes only; failure to submit such notice will not disqualify a firm from participating in future solicitations.

Article V. PROPOSAL EVALUATION AND NEGOTIATIONS.

Section 5.01 BEST VALUE.

THE COUNTY intends to award any resulting contract to the Respondent whose Proposal is determined to provide the best value to THE COUNTY, considering price and all other evaluation factors set forth in this Solicitation. THE COUNTY is not required to select the lowest-priced Proposal and reserves the right to determine which Proposal best serves the interests of THE

COUNTY.

Section 5.02 ADMINISTRATIVE REVIEW.

All submissions will undergo an administrative review by THE COUNTY to determine responsiveness and compliance with the requirements of this Solicitation. The administrative review will verify that the submission includes all required forms, certifications, acknowledgments, and documentation, and that it is submitted in the format, manner, and by the deadline specified. THE COUNTY reserves the right to waive minor informalities or irregularities that do not affect the substance of the submission or provide a competitive advantage. Submissions that are materially non-responsive or fail to meet mandatory administrative requirements may be rejected and not considered for further evaluation. Administrative review is conducted solely to assess compliance and does not constitute an evaluation of technical merit, qualifications, or price.

Section 5.03 EVALUATION COMMITTEE.

THE COUNTY will appoint an evaluation committee composed of individuals with relevant knowledge, experience, and expertise to review and evaluate responsive submissions in accordance with the evaluation criteria set forth in this Solicitation and applicable state, federal, and local procurement requirements. Evaluation committee members may include THE COUNTY staff and, at THE COUNTY’s discretion, other qualified individuals, and are required to comply with applicable conflict of interest and confidentiality requirements. The committee may utilize evaluation methods such as individual scoring, group scoring, consensus scoring, or a combination thereof, as deemed appropriate by THE COUNTY, and may participate in discussions, clarifications, interviews, or presentations, if authorized by this Solicitation, for the purpose of recommending a vendor(s) for award. Final award determinations remain subject to THE COUNTY approval and any required governing board authorization.

Section 5.04 EVALUATION CRITERIA.

All Respondents must provide clear, complete, and detailed Proposals with supporting documentation that directly addresses each of the evaluation criteria outlined below. This information is critical to enable the evaluation team to fairly and thoroughly assess each Proposal against the stated requirements. Failure to provide sufficient information or supporting documentation may result in your Proposal receiving a lower score or being deemed non-responsive, which could disqualify it from further consideration.

It is the responsibility of each Respondent to ensure that their submission demonstrates how they meet or exceed each evaluation criterion. Assumptions, general statements, or references to attached materials without clear direction may not be considered during evaluation.

TECHNICAL PROPOSAL EVALUATION WEIGHT

Relevant Experience and Past Performance: The proposer’s demonstrated experience preparing FEMA-compliant Local Hazard Mitigation Plans for counties, municipalities, or similar public entities.

Evaluation will consider the proposer’s record of successfully obtaining FEMA approval for completed plans, familiarity with TDEM review process, and references from previous clients.

Up to 25 Points

Project Team Qualifications: The qualifications, experience, and roles of the proposed project team members who will be directly responsible for performing the work. Consideration will be given to the team’s expertise in hazard mitigation planning, emergency management, GIS analysis, public engagement, and knowledge of planning requirements established by FEMA.

Up to 15 Points

Project Approach and Methodology: The proposer’s understanding of the project and the quality of the proposed approach for completing the Hazard Mitigation Plan update. Evaluation will consider the clarity of the proposed work plan, data collection methods, approach to risk and vulnerability assessments, GIS mapping capabilities, and the ability to develop practical and implementable mitigation strategies.

Up to 20 Points

Public Engagement and Stakeholder Coordination: The proposer’s proposed strategy for facilitating effective public involvement and stakeholder participation throughout the planning process. Evaluation will consider the firm’s ability to organize and conduct required public meetings, engage local officials and community stakeholders, and document public input in a manner consistent with FEMA mitigation planning guidance.

Up to 15 Points

TOTAL Up to 75 Points

PRICE PROPOSAL EVALUATION WEIGHT

Evaluation of Proposed Cost or Price Up to 15 Points TOTAL Up to 15 Points

Section 5.05 COMPETITIVE RANGE.

THE COUNTY may elect to establish a competitive range consisting of the highest-ranked responsive submissions based on the published evaluation criteria. Only Respondents within the competitive range may be invited to participate in further evaluation activities, which may include discussions, clarifications, interviews, presentations, demonstrations, or submission of revised Proposals or best and final offers, if applicable. The establishment of a competitive range is intended to facilitate efficient evaluation and does not obligate THE COUNTY to conduct discussions or make an award to any Respondent within the competitive range, nor does it limit THE COUNTY’s right to make an award without discussions, as allowed by law and the terms of this Solicitation.

Section 5.06 NEGOTIATIONS.

THE COUNTY reserves the right, as permitted by applicable Texas law and federal procurement requirements, to conduct negotiations with one or more Respondents determined to be responsive and responsible. Negotiations may include clarification of Proposals, refinement of technical approaches, contract terms and conditions, scope of work, pricing, or other elements necessary to achieve the best value for THE COUNTY and any applicable funding source. Negotiations shall be conducted in a fair and equitable manner and shall not materially alter the basis for award or provide an unfair competitive advantage. THE COUNTY may conclude negotiations with one or more Respondents and proceed to contract award, request best and final offers, or terminate negotiations and resolicit, as deemed in THE COUNTY’s best interest and as allowed by law.

Section 5.07 NOTICE OF RECOMMENDATION FOR AWARD.

Upon completion of the evaluation process, THE COUNTY may issue a written notice of recommendation for award to the Respondent(s) whose submission is determined to be the most advantageous to THE COUNTY in accordance with the evaluation criteria and applicable procurement requirements. The issuance of a notice of recommendation for award does not constitute a contract award and does not create any rights or obligations on the part of THE COUNTY. Contract award remains subject to final approval by THE COUNTY’s governing body or authorized designee, successful completion of any required administrative actions, and execution of a mutually acceptable contract.

Article VI. AWARD OF CONTRACT.

Section 6.01 CONTRACT FORMATION.

A contract is formed only upon approval by Mason County Commissioner’s Court and the execution of a written contract by authorized representatives of both THE COUNTY and the selected Respondent(s). The issuance of a notice of recommendation for award, commencement of negotiations, or other preliminary actions do not constitute contract formation and do not authorize any contractor to begin work or incur costs.

Section 6.02 INCORPORATION OF PROPOSAL DOCUMENTS INTO CONTRACT.

The successful Respondent’s submission, including any best and final offer, clarifications, and negotiated revisions accepted by THE COUNTY, may be incorporated by reference into the final contract and shall be binding to the extent they do not conflict with the contract terms and conditions. In the event of a conflict, the executed contract and its amendments shall govern, followed by this Solicitation and any addenda, unless otherwise expressly stated in the contract.

Section 6.03 NOTICE TO PROCEED.

Work under the contract shall not commence until the successful Respondent receives written authorization from THE COUNTY to proceed. The successful Respondent shall not perform work or incur costs for which payment or reimbursement is expected prior to receiving such written authorization.

Article VII. GENERAL PROVISIONS AND RESERVATION OF

RIGHTS.

Section 7.01 COMPLIANCE WITH STATE AND FEDERAL REQUIRED CONTRACT

CLAUSES.

Respondents are advised that any contract resulting from this Solicitation will be subject to all applicable federal and State of Texas laws, regulations, and requirements governing the use of public funds. This includes, but is not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR Part 200, as well as any mandatory federal contract provisions required by federal awarding agencies.

Any resulting contract will also include all State of Texas–required contract clauses, including those prescribed by the Texas Comptroller, and other applicable state oversight entities.

Respondents should be aware that the selected Contractor will be required to:

A. Comply with all mandatory federal contract provisions under 2 CFR §§ 200.317–200.327 and Appendix II to Part 200, as applicable to the nature and dollar amount of the procurement.

B. Comply with all mandatory State of Texas contract requirements, including statutory, regulatory, and policy provisions applicable to state or federal pass-through funds.

C. Flow down all applicable federal and state requirements to any subcontractors, vendors, or partners engaged in the performance of the contract.

D. Maintain all documentation and records necessary to demonstrate compliance and make such documentation available to THE COUNTY, state awarding agencies, federal awarding agencies, auditors, or other authorized entities upon request.

Failure or refusal by the selected Respondent (Contractor) to comply with federal or state requirements will be treated as a material breach of the resulting contract and may result in corrective action, withholding of payments, termination, cost disallowance, or other remedies permitted by federal or state law.

Section 7.02 RESERVATION OF RIGHTS.

THE COUNTY reserves the right to take any action it deems necessary to ensure the best interests of THE COUNTY are met with respect to this solicitation. Specifically, THE COUNTY reserves the right to:

A. Reject any or all Proposals received in response to this Solicitation;

B. Cancel, withdraw, or postpone this Solicitation in whole or in part, at any time and for any reason;

C. Modify the scope, terms, specifications, or requirements of this Solicitation;

D. Waive any minor informalities, technicalities, or irregularities in the Proposals or the procurement process;

E. Request clarifications or additional information from any Respondent at any time;

F. Conduct interviews, discussions, or negotiations with any Respondent, or multiple Respondents, or none at all;

G. Withdraw a proposed award;

H. Select the Proposal that, in its sole judgment, best meets the needs and interests of THE COUNTY, even if it is not the lowest-priced Proposal;

I. Make an award to one Respondent, multiple Respondents, or make no award at all;

J. Reissue a new or revised solicitation as needed.

Submission of a Proposal does not create any legal or contractual obligation on the part of THE COUNTY. THE COUNTY shall not be liable for any costs incurred by Respondents in preparing or submitting a Proposal in response to this Solicitation or in participating in any subsequent process, including presentations or negotiations. By submitting a Proposal, each Respondent acknowledges and accepts the terms of this Reservation of Rights.

Section 7.03 CONFLICTS OF INTEREST.

Respondents must disclose in writing any actual, potential, or perceived conflicts of interest related to the submission of a Proposal, evaluation of submissions, or performance of a resulting contract.

This includes, but is not limited to, financial interests, business relationships, or personal relationships with THE COUNTY officers, employees, board members, evaluation committee members, or consultants involved in the procurement. Respondents shall promptly update disclosures if a conflict arises or changes at any time during the solicitation process or contract term. THE COUNTY reserves the right to determine whether a disclosed conflict is material and to require mitigation measures, disqualify a Respondent, or terminate a contract, as permitted by law, if a conflict of interest is determined to impair objectivity, fairness, or integrity of the procurement or contract performance.

Section 7.04 DISCLOSURE OF INTERESTED PARTIES.

Respondent represents and warrants that if selected for award of a contract valued at $1 million or more as a result of this Solicitation, Respondent will submit to THE COUNTY a completed Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

Section 7.05 COLLUSION.

The Respondent guarantees that its Proposal is not a product of collusion with any other Respondent, and no effort has been made to fix the price of any Respondent or to fix any overhead, profit, or cost element of any price. If THE COUNTY determines that collusion has occurred among Respondents, none of the Proposals from the participants in such collusion shall be considered. THE COUNTY’s determination shall be final.

Article VIII. REQUIRED FORMS, CERTIFICATIONS, AND

ASSURANCES.

Respondents must complete and submit all required forms, certifications, and disclosures provided in Exhibit C as part of their submission. Failure to properly complete and include the required forms may result in the submission being deemed non-responsive and excluded from further consideration at THE COUNTY’s discretion.

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List of Exhibits

Exhibit A – Scope of Work Exhibit B – Price Proposal Form Exhibit C – Required Forms and Certifications Exhibit D – Sample Contract Exhibit E – State of Texas Contract Clause Addendum