ESBD_572840_1793384442226_1110244_CSP.pdf

RFP_2026_0622 Page 1 of 17

Contracting Branch | Infrastructure Division

4200 Smith School Road Austin, Texas 78744

Request for Proposals

Project No. 1110244

New Public Water System

Colorado Bend State Park San Saba County, Texas

Class & Item Codes: 913-60, 913-92, 961-85

Issue Date 10/30/2026

Proposal Due Date 12/02/2026 at 02:00 PM (CT)

Proposal Opening 12/02/2026 at 02:00 PM (CT)

Contract Manager: Fahim Rahman CTCD | CTCM Email: fahim.rahman@tpwd.texas.gov mailto:fahim.rahman@tpwd.texas.gov

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TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

1.02 Pre-Proposal Conference

1.03 Pre-Proposal Site Visit

1.04 Prohibited Communications

1.05 Inquiries, Interpretations and Discrepancies

1.06 Deadline for Receipt of Proposals

1.07 Electronic Submission of Proposals

1.08 Corrections, Deletions, or Additions to Proposals

1.09 Submission of a Complete Response Through Vendor Gateway

1.10 Execution of Proposal

1.11 Public Opening of Proposals

1.12 Basis of Award

1.13 Addenda

1.14 Project Location

1.15 Project Scope

1.16 Construction Cost Estimate

1.17 Price Proposal

1.18 Performance Period

1.19 Protest Procedure

1.20 Debriefing Procedure

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

2.02 Legal Authority to Contract

2.03 Type of Contract

2.04 Public Information

2.05 Eligible Offerors

2.06 Format of Proposal

2.07 Offer Period

2.08 No Reimbursement for Costs

2.09 Acceptance of Evaluation Methodology

2.10 Owner Reservation of Rights

2.11 Selection Overview

2.12 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR)

2.13 Bid Security

2.14 Veteran Heroes United in Business (VetHUB) Subcontracting Plan

2.15 Insurance Requirements

2.16 Bonding Requirements

2.17 Terms and Conditions Attached to Proposal

2.18 Construction Contracting Forms

2.19 Conditions of the Contract, Exhibits to the Contract and Construction Documents

SECTION 3 – EVALUATION & AWARD, EVALUATION CRITERIA & REQUIRED SUBMITTALS

3.01 Evaluation General Information

3.02 Administrative Review by Contracting

3.03 Initial Evaluation

3.04 Short List

3.05 Oral Interviews

3.06 Discussions

3.07 Best and Final Offers

3.08 Negotiations

3.09 Vendor Performance Tracking System

3.10 Procedures in the Event of Tie

3.11 Reciprocal Preference Law

3.12 Required Submittals

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SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

The Texas Parks & Wildlife Department (“Owner”) is soliciting Proposals for selection of a General Contractor (“Offeror”) to provide a new TCEQ compliant public water system plant and distribution to be installed to accommodate increased demand at the park. The new water system will serve the future HQ building, the maintenance yard, law enforcement trailer, host sites, and residence, in accordance with the terms, conditions, and requirements set forth in this Request for Proposals (RFP).

1.02 Pre-Proposal Conference

The Texas Parks and Wildlife Department will host a pre-proposal conference on 11/06/2026 at 10:00AM (CT)

Although the pre-proposal conference is not mandatory, Offerors are strongly encouraged to attend as important information regarding proposal submittal requirements and an overview of the Project will be discussed. Failure to give proper consideration to conditions when preparing the proposal will not constitute grounds for additional compensation.

Conference will be conducted using Microsoft® Teams. Registration is required to attend the pre-proposal conference using the following link. Following registration, you will receive a confirmation email with a link to join the event.

https://events.gcc.teams.microsoft.com/event/0db7075f-a15a-4973-b61b-bedcc653e07a@7864fda7-62ad-47ec-81ec- 323266e3a35f

Following the conference, the PowerPoint™ presentation will be posted in the Vendor Gateway.

1.03 Pre-Proposal Site Visit

A visit to the project site is not mandatory, however, TPWD strongly encourages potential Offerors to view the project site and offers no guarantee that the project site will be accessible to potential Offerors at any time other than the time specified in this solicitation.

Site visits are by appointment only. Site visits will be accommodated on: Monday, November 9, 2026 through Thursday, November 12, 2026, during regular business hours 8:00 AM CT – 5:00 PM CT.

Site visit contact person is Allen Dees and can be reached at allen.dees@tpwd.texas.gov to schedule site visit appointment. Colorado Bend State Park is located at:

1201 Colorado Park Road Bend, TX 76824

Latitude: 31.022965 Longitude: -98.442401

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Offeror.

Failure to give proper consideration to site conditions when preparing the proposal will not constitute grounds for additional compensation.

https://events.gcc.teams.microsoft.com/event/0db7075f-a15a-4973-b61b-bedcc653e07a@7864fda7-62ad-47ec-81ec-323266e3a35f https://events.gcc.teams.microsoft.com/event/0db7075f-a15a-4973-b61b-bedcc653e07a@7864fda7-62ad-47ec-81ec-323266e3a35f mailto:allen.dees@tpwd.texas.gov

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1.04 Prohibited Communications

Upon issuance of this solicitation, Owner, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Offeror or their representatives(s), except for the written inquiries described in Section 1.05 Inquiries, Interpretations and Discrepancies. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

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

1.05 Inquiries, Interpretations and Discrepancies

1.05.1 Should any Offeror find discrepancies between the Request for Proposal and Contract Documents, or should Offeror be in doubt as to their exact meaning, Offeror should notify Owner at once using the Vendor Gateway. Owner may then, at its option, issue addenda clarifying same. Owner will not be responsible for oral instructions or for misinterpretation of the Request for Proposal and Contract Documents.

1.05.2 No oral explanation in regard to the meaning of the Request for Proposal and Contract Documents will be made and no oral instructions will be given before the award of the contract. All discrepancies, omissions, or inquiries as to the meaning of Drawings and Specifications shall be communicated using the Vendor Gateway for interpretation by 11/09/2026 at 10:00 AM Owner estimates that any addendum issued to respond to questions from Offerors is estimated to be issued on or about 11/13/2026.

1.05.03 Questions related to the Subcontracting Plan should be submitted to the TPWD HUB Department. All written inquiries regarding completion and submission of the Subcontracting Plan must be submitted via e-mail to the Point of Contact identified in this section. All emailed inquiries must include the project number, inquirers’ company name, contact person, title, phone number and email address.

Email: HUB@tpwd.texas.gov

1.06 Deadline for Receipt of Proposals

Owner is requesting proposals to perform all work required. Refer to Section 1.07 for submission instructions. The deadline for receipt of proposals for the project is as follows:

December 2, 2026 at 02:00 PM

1.07 Electronic Submission of Proposals

All proposals must be submitted electronically through the Vendor Gateway. Proposals submitted by mail, telephone, fax, or email will not be accepted or acknowledged. Solicitation documents are available through the Vendor Gateway at the link provided below:

https://tpwd.cobblestone.software/Gateway/solicitationdetails?solicid=75

Offerors must register in the Vendor Gateway to access solicitation documents and participate in the submission process.

mailto:HUB@tpwd.texas.gov https://tpwd.cobblestone.software/Gateway/solicitationdetails?solicid=75

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Proposals must be submitted through the Vendor Gateway no later than the date and time specified in Section 1.06.

The system will not accept uploads after the stated deadline. If required by the solicitation, proposals must be submitted using the forms provided by the Owner. Proposals submitted by any method other than the Vendor Gateway will not be considered. The Owner is not responsible for issues related to internet connectivity, electronic equipment failure, or user error.

Submitted proposals become the property of the Owner and will not be returned. For informational purposes, project plans and specifications may be downloaded directly from the Vendor Gateway.

1.08 Corrections, Deletions, or Additions to Proposals

Corrections to proposals may be made by using the Vendor Gateway, any time prior to the deadline for receipt of proposals. Modification to or withdrawal of a proposal received after the submission deadline will not be considered.

Owner shall NOT be responsible for failure of electronic equipment or operator error.

1.09 Submission of a Complete Response Through Vendor Gateway

Offerors must submit all requested information and upload all required documents into the Vendor Gateway as specified in Section 1.06 and Section 1.07, failure to do so may result in rejection of the proposal.

1.10 Execution of Proposal

Proposal documents must be signed by an individual who has the authority to legally bind the firm. Owner reserves the right to require an Offeror to furnish documentary evidence of Offeror’s signature authority.

1.11 Public Opening of Proposals

Proposals will be opened virtually at 12/02/2026 at 02:00 PM, using Microsoft® Teams. Offerors as well as the public may join the meeting to observe the bid opening. Registration is required to attend, use the following link to register:

https://events.gcc.teams.microsoft.com/event/4f8da9d8-6bed-4c62-8347-388bd12de854@7864fda7-62ad-47ec-81ec- 323266e3a35f?source=copyLinkLegacyShareLinkDialog

1.12 Basis of Award

Determination of best value will be based on the criteria as stated in Section 3.01 - Evaluation General Information of this Request for Proposals (RFP).

1.13 Addenda

Owner reserves the right to issue addenda at any time prior to the proposal due date and time. All addenda shall be acknowledged as received and uploaded in the Vendor Gateway. Oral changes in the work made during the solicitation period are not binding. Offeror’s failure to acknowledge receipt of addenda and upload to within the Vendor Gateway may result in rejection of proposal https://events.gcc.teams.microsoft.com/event/4f8da9d8-6bed-4c62-8347-388bd12de854@7864fda7-62ad-47ec-81ec-323266e3a35f https://events.gcc.teams.microsoft.com/event/4f8da9d8-6bed-4c62-8347-388bd12de854@7864fda7-62ad-47ec-81ec-323266e3a35f

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1.14 Project Location

Colorado Bend State Park 1201 Colorado Park Road Bend, TX 76824 Latitude: 31.022965 Longitude: -98.442401

1.15 Project Scope

Furnish all labor, equipment, materials and incidentals necessary including but not limited construction of new water well, pump station, and waterlines to serve the park's maintenance complex, residence, law enforcement trailer, and future headquarters building.

1.16 Construction Cost Estimate

The construction cost estimate for this project is $2,200,000.00.

1.17 Price Proposal

Offerors must submit a complete Price Proposal Form through the Vendor Gateway, using the pricing form provided in the solicitation. All pricing must be itemized as specified and include all costs necessary to complete the work, including, but not limited to, labor, equipment, materials, incidentals, overhead, profit, and any ancillary expenses required for full performance.

Pricing Proposals are subject to public opening at the time and place stated in Section 1.11 – Public Opening of Proposals. Offerors are responsible for ensuring that all required pricing fields are completed accurately and submitted by the deadline.

Incomplete or conditional pricing may be deemed non-responsive.

OFFEROR SHALL UPLOAD A .PDF FILE OF THE COMPLETED PRICE PROPOSAL FORM TO THE VENDOR GATEWAY. FAILURE TO PROPERLY COMPLETE AND SUBMIT THE FORM SPECIFIED BY THE TIME SET FOR RECEIPT OF PROPOSALS SHALL BE CAUSE FOR OFFEROR TO BE DEEMED “NON-RESPONSIVE” AND

DISQUALIFIED.

1.18 Performance Period

Contract time is of the essence and all Work shall be substantially completed within the performance period of 360 calendar days from written effective date of Notice to Proceed. Refer to Special Conditions 2.03 C Owner Designated Non-Working days.

1.19 Protest Procedure

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Any Actual or prospective Offeror who is aggrieved in connection with this solicitation, evaluation, or award of any contract resulting from this solicitation may formally protest as provided in the Texas Parks and Wildlife Department rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350.

1.20 Debriefing Procedure

A written request for a debriefing shall be directed to the Contract Manager identified in this RFP; within thirty (30) calendar days following the date of award.

END SECTION 1

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350

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SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

The solicitation process for this RFP will proceed according to the following proposed schedule. The schedule listed is for planning purposes only and subject to change. If there is a conflict between the dates below and on cover page, the schedule shown here shall govern.

Issue Date October 30, 2026

Pre-Proposal Conference November 6, 2026 at 10:00 AM (CT)

Site Visit November 9-12, 2026 between 8:00 AM (CT) -5:00 PM(CT)

Deadline to Submit Questions November 13, 2026 at 10:00 AM (CT) Anticipated date for Addendum issuance November 19, 2026 Proposal Due Date December 2,2026 at 02:00 PM (CT)

Proposal Opening December 2,2026 at 02:00 PM (CT) Anticipated date for Notice of Selection February 2027

2.02 Legal Authority to Contract

The Owner desires to select an Offeror on the basis of qualifications and other established criteria as set out in this Solicitation. This procurement complies with the state of Texas law, including Texas Government Code Title 10, Subtitle F, Chapter 2269, Subchapter D: COMPETITVE SEALED PROPOSAL METHOD and under the authority of Texas Parks and Wildlife Code §11.0171. Owner will select the successful Offeror that offers best value to the Owner based on the published Evaluation Criteria stated in Section 3 of this solicitation and on its ranking evaluation. The RFP provides the information necessary to prepare and submit Proposals for consideration and ranking by the Owner.

2.03 Type of Contract

The Owner intends to award a single contract to a single Offeror. Any contract resulting from this solicitation will be in the form of the Agreement between Owner and Contractor, a sample of which is included in the RFP.

The work will be awarded under a Lump-Sum contract to the Offeror offering the best value to the Owner.

2.04 Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after award of a Contract. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary or confidential information, trade secrets, and certain commercial and financial information where disclosure might cause “substantial competitive harm to your business.” If the Offeror believes that its proposal to this solicitation contains confidential information in those categories, the Offeror must specifically document this at the top or bottom of each page that contains the information the Offeror considers confidential. The Offeror’s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Offeror believes applies to this information, i.e. copyrighted, RFP_2026_0622 Page 9 of 17 trade secret, proprietary, financial etc. A general disclaimer that the Offeror’s proposal contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, Owner will assume that all information provided in the proposal to this solicitation is disclosable under the Act.

The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.

2.05 Eligible Offerors

Only individual firms or lawfully formed business organizations may submit proposals, this does not preclude an Offeror from using subcontractors. The Owner will contract only with the individual firm or formal organization that submits a Proposal.

2.06 Format of Proposal

2.06.01 Proposal shall be prepared simply and economically, providing a straightforward, concise description of the Offeror's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs. Every part of the response must be legible and of sufficient print clarity to allow copying of the document. Mistakes/Errors may be crossed out and corrections typed or printed adjacent to the mistake/error and initialed in ink by the person signing the response.

2.06.02 Limitations on volume of requested information apply equally to single firms and joint venture Offerors, regardless of the number of firms partnering in the joint venture. The individual firms of a joint venture are scored separately on the Evaluation Criteria. Their individual scores are then combined based on the proportion of control that each firm has in the joint venture.

2.06.03 Offerors shall carefully read the information contained in this RFP and submit a complete proposal addressing all requirements and questions as directed. An incomplete proposal may be considered non-responsive and subject to rejection.

2.06.04 Proposal and any other information submitted by Offerors in response to this RFP shall become the property of the Owner.

2.06.05 Failure to comply with all requirements contained in this RFP may result in the rejection of the Proposal.

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

2.06.07 Additional information and attachments shall NOT be included with the Proposal. Only Proposals provided by the Offeror to the questions and requests identified in the Attachments of this RFP will be used by the Owner for evaluation.

2.07 Offer Period

Proposals submitted shall constitute an offer for a period of Sixty (60) days or until selection is made by Owner, whichever occurs earlier. Once submitted, Proposals are irrevocable without withholding the bid security.

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2.08 No Reimbursement for Costs

Offeror acknowledges and accepts that any costs incurred from the Offeror’s participation in this RFP process shall be at the sole risk and responsibility of the Offeror. Offerors submit Proposals at their own risk and expense.

2.09 Acceptance of Evaluation Methodology

By submitting its Proposal in response to this RFP, the Offeror accepts the evaluation process and acknowledges and accepts that determination of the best value will be made by the Owner. This determination will require subjective judgments by the Owner.

2.10 Owner Reservation of Rights

Owner makes no representations, written or oral, that it will enter into any form of agreement with any Offeror to this solicitation for any project and no such representation is intended or should be construed by the issuance of this solicitation. The act of opening and reading aloud a proposal does not indicate Owner's acceptance of the offeror or proposal suitability.

Owner reserves the right to accept or reject any or all Proposals and to waive any minor formalities or minor technical inconsistencies or delete any item/requirements from any proposal or from this solicitation when deemed to be in Owner’s best interest. A minor informality is one that does not affect the competitiveness of the Offerors.

Offeror’s competency, responsiveness, and responsibility will be considered in making an award. Owner may evaluate proposals based on anticipated completion and sequencing of the entire project or its parts. Owner is not bound to accept the lowest proposal or any portion thereof and may request new proposals for all or parts of the project. Owner reserves the right to divide the project into multiple parts, reject any and all proposals, re-solicit, or even temporarily or permanently halt the project. Owner may choose to award, partially award, or not award a contract if no submissions are deemed acceptable and may re-solicit as deemed necessary and in the best interest of the State of Texas.

2.11 Selection Overview

In an expeditious manner, an evaluation team will apply the evaluation factors set forth herein to all eligible and responsive Offerors in comparing Qualifications and additional information as requested to determine the top-ranked Offerors. If deemed necessary by the Owner, interviews may be conducted, in order to recommend the successful top-ranked Offeror. Owner reserves the right to negotiate all elements that comprise the Offeror's Proposal to ensure that the best possible consideration is afforded to all concerned. Refer also to Section 3.

2.12 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR)

Offeror shall certify all information provided with the proposal is true and correct by completing and signing the Essential Clauses, Affirmations & Additional Contract Requirements (ECACR) form provided. The ECACR is incorporated into the Agreement by reference.

OFFEROR SHALL UPLOAD A .PDF FILE OF THE COMPLETED ECACR TO THE VENDOR GATEWAY. FAILURE TO SUBMIT THE COMPLETED AND SIGNED ECACR AS SPECIFIED ABOVE AND BY THE TIME SET FOR

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RECEIPT OF PROPOSALS SHALL CAUSE OFFEROR TO BE DEEMED “NON-RESPONSIVE” AND

DISQUALIFIED.

2.13 Bid Security

Offeror must provide a bid security as set forth by the Uniform General Conditions, Article 5.1.2. The bid security shall be in the form of a bond accompanied by valid power of attorney for not less than five percent (5%) of the total amount of the proposal, including the total of all separate priced items and multiple base pricing items and/or alternate price items and/or optional pricing and/or allowances. To ensure adequate bid security, offerors should calculate bid security based on the highest possible monetary award.

OFFEROR SHALL UPLOAD A .PDF FILE OF THE BID SECURITY DOCUMENTS TO THE VENDOR GATEWAY.

PROPOSALS WILL BE REJECTED IF THE APPROPRIATE BID SECURITY IS NOT FURNISHED IN THE FORM

SPECIFIED ABOVE AND BY THE TIME SET FOR RECEIPT OF PROPOSALS.

If the successful offeror fails to return the signed contract, insurance, and bonds within the time specified, the bid security may be forfeited not as a penalty but as liquidated damages.

Bid security from all Offerors may be retained by Owner until a contract is executed.

2.14 Veteran Heroes United in Business (VetHUB) Subcontracting Plan

In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, Owner has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000.

This probability is based on VetHUB availability, utilization, geographic location of the project, the contractual scope of work, or other factors. Owner estimates the value of this contract to be greater than $100,000. See Exhibit A - Infrastructure VetHUB Subcontracting Opportunities form for the subcontracting goal of the contract’s value.

Offeror must complete and upload the completed Subcontracting Plan with the proposal following the policy and utilizing the forms contained within the RFP and Contract Documents within the Vendor Gateway. Subcontracting Plan forms and instructions are included in the solicitation documents.

Offerors may access a list of VetHUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search page is located here: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

Offerors are highly encouraged to contact TPWD HUB Administration staff at 512/389-4784 or hub@tpwd.texas.gov for assistance with completing the Subcontracting Plan forms, obtaining VetHUB lists if web access is not possible, and/or further explanation of the TPWD HUB program.

FAILURE TO COMPLETE AND RETURN THESE FORMS WITH THE PROPOSAL WILL RESULT IN

DISQUALIFICATION FROM CONSIDERATION. THE OFFEROR RECEIVING AN AWARD MUST COMPLY WITH

THE SPECIAL REQUIREMENTS SPECIFIED HEREIN.

Subcontracting Plan Prime Contractor Progress Assessment Report: After award of the contract, the Contractor shall report all VetHUB and non-VetHUB subcontractor information using the Prime Contractor Progress Assessment Report form. The report shall be submitted monthly even during the months the Contractor is not invoicing Owner. All payments made to subcontractors shall be reported. Owner may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors Failure to submit PAR may result in payment being withheld.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:HUB@tpwd.texas.gov

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2.15 Insurance Requirements

The successful offeror must certify the minimum insurance coverages as set forth by the contract, specifically, the Uniform General Conditions, Article 5, 5.2. and Division 1 – General Requirements, Section 01000 – Special Conditions.

The required insurance information shall be submitted within ten (10) calendar days from receipt of Notice of Selection as confirmation that the required insurance is in full force and effect. Failure to timely meet this requirement may result in disqualification of the proposal and forfeiture of the bid security, if any. In such circumstances, Owner shall be authorized to proceed with award to the next highest ranking, responsive and responsible offeror.

2.16 Bonding Requirements

The successful offeror must provide Payment and Performance bonds as set forth by the Uniform General Conditions, Article 5. Payment and Performance bonds must be submitted on Owner provided forms and accompanied by a valid power of attorney. Owner reserves the right to reject a bond if the surety is not acceptable to TPWD.

The fully executed bond documents shall be submitted within ten (10) calendar days from receipt of a fully executed contract. Failure to timely meet this requirement may result in disqualification of the proposal and forfeiture of the bid security.

2.17 Terms and Conditions Attached to Proposal

Any terms and conditions attached to a response will not be considered unless specifically referred to in the proposal.

2.18 Construction Contracting Forms

The awarded offeror shall be required to utilize TPWD’s Construction Contracting Forms. These forms include but are not limited to the following:

• Application for Payment FAQs

• Application for Payment voucher

• BABA Certification

• Consent of Surety

• Contractor's Change Proposal

• Contractor's Construction Admin Forms

• Contractor's Change Proposal Checklist

• Final Payment Affidavit

• Non-Use Asbestos

• OM Manual TOC

• Payment Bond

• Performance Bond

• Progress Payment Affidavit

• Request for Information

• Remote Virtual Inspection Agreement

• Substantial Completion or Final Inspection Prep

List

• Uniform General Conditions including

Supplementary General Conditions

• U.S. Department of the Interior Certifications

These forms are found at https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

2.19 Conditions of the Contract, Exhibits to the Contract and Construction Documents

Conditions of the Contract https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/ https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

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Uniform General Conditions including Supplementary General Conditions (see weblink in 2.18) Prevailing Wage Rates, posted as a separate attachment Essential Clauses and Contract Requirements, posted as a separate attachment Agreement Between Owner and Contractor, posted as a separate attachment Subcontracting Plan Forms, posted as a separate attachment

Exhibits to the Contract

Infrastructure VetHUB Subcontracting Opportunities Form, posted as a separate attachment

Construction Documents

Division One – General Requirements Section 01000 – Special Conditions, posted as a separate attachment Specifications – 1110244_Specifications_RFS , posted as a separate attachment Drawings – 1110244_Drawings_RFS , posted as a separate attachment

2.20 Energy Policy and Conservation Act

Bidder shall comply with the mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).

THE ABOVE-REFERENCED DOCUMENTS ARE INCORPORATED INTO THE CONTRACT BY REFERENCE. IT IS

THE CONTRACTOR’S RESPONSIBILITY TO FULLY REVIEW AND UNDERSTAND ALL CONTRACT

REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, THE UNIFORM GENERAL CONDITIONS,

SUPPLEMENTARY GENERAL CONDITIONS, THE AGREEMENT BETWEEN OWNER AND CONTRACTOR, AND

ALL OTHER DOCUMENTS REFERENCED HEREIN.

END SECTION 2

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SECTION 3 – EVALUATION & AWARD, EVALUATION CRITERIA & REQUIRED SUBMITTALS

3.01 Evaluation General Information

The evaluation of the response shall be based on the requirements described in this RFP. All properly submitted responses shall be reviewed, evaluated, scored, and ranked by the Owner. Offerors shall carefully read the information contained in this solicitation and submit a complete Proposal to answer all questions. Incomplete proposals may be considered non-responsive and subject to rejection.

Owner may make investigations necessary to determine the ability of the Offeror to perform the work and reserves the right to reject any proposal if the evidence submitted and/or obtained through investigation fails to satisfy Owner that the Offeror is properly qualified to carry out the obligations of the Agreement.

3.02 Administrative Review by Contracting

All submissions received will be evaluated for responsiveness. Submission of an incomplete Proposal may disqualify the Offeror. Proposals with one or more deficiencies listed below may be considered non-responsive and will not move forward to the Initial Evaluation by the evaluation committee.

• Failure to submit the Essential Clauses, Affirmations & Additional Contract Requirements (ECACR) document completed and signed,

• Failure to submit the Qualifications and Past Performance document completed in entirety, and including all requested documentation,

• Failure to submit Construction Schedule response form and requested construction schedule,

• Failure to submit Methodology response form,

• Failure to submit the Price Proposal form,

• Failure to submit Bid Security in accordance with solicitation documents,

• Failure to submit Subcontracting Plan completed in entirety and signed,

• Subcontracting Plan does not meet “Good Faith Effort” requirements.

3.03 Initial Evaluation

Responsive submissions will be reviewed, evaluated, and ranked by an evaluation committee established by the Owner.

Award of contract may be made at this time or Owner may proceed with additional evaluation activities. The decision to proceed with additional evaluation activities is at the sole discretion of Owner.

Owner reserves the right to award a contract to Offeror whose Proposal is considered to provide the best value to the State. Owner will be the sole judge of best value. Award will be based on best value criteria and may include, but is not limited to the following: Pricing, Qualifications, References, and ability to commence work on or about the date listed in the Project Schedule.

Criteria Weighted Points

Qualifications and Past Performance Form 24.5

Construction Project Schedule 14

Price Proposal 37

Methodology 24.5

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Subtotal 100

Oral Interviews (if deemed necessary by the Owner) 25

Total Points 125

Price Evaluation Criteria:

(Price of Lowest Offer / Price of Offer Being Evaluated) x Maximum No. of Available Points* = Weighted Price Score**

Determination of the lowest offer will be based upon the lowest priced proposal of the responsive and responsible Offeror and on the base proposal.

3.04 Short List

At Owner’s sole discretion, based upon initial ranking, Owner may determine the Proposals that are within the competitive range and that offer the “best value” for the State and a short-list of Proposals for further consideration may be developed. The evaluation committee will determine if discussions and/or oral presentations are necessary. Award of a contract may be made without discussions or oral presentations, if determined by Owner to be in the best interest of the State.

3.05 Oral Interviews

At the sole discretion of Owner, if deemed necessary, oral interviews may be held to allow Offerors the opportunity to highlight the strengths and unique aspects of their proposals and provide answers to clarification questions Owner may have regarding the proposals. Owner may qualify (short-list) up to three (3) Offerors to be engaged in oral interviews.

The Offeror’s Project Manager designated in their proposal as being the primary “lead” individual coordinating the day-to-day project management during construction of the Project will facilitate and conduct the presentation made by the firm during the interview. Scoring results from the evaluation criteria, interviews and references will be the final determining factors in the Owner’s ranking of Offerors in order to determine the most qualified Offeror. Award of contract may be made without oral interviews. A request for oral interviews is at the sole discretion of Owner and will be extended in writing.

3.06 Discussions

At the sole discretion of Owner, if deemed necessary, Owner may elect to participate in discussions with Offerors. If discussions are deemed necessary by the Owner, the Owner may qualify (short-list) up to three (3)Offerors to be engaged in discussions. Award of contract may be made without discussions. A request for discussions is at the sole discretion of Owner and will be extended in writing.

3.07 Best and Final Offers

Offerors may be requested to submit their Best and Final Offer (BAFO), if the evaluation committee determines that BAFOs are necessary and/or appropriate. Award of contract may be made without BAFO. A request for a BAFO is at the sole discretion of Owner and will be extended in writing.

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3.08 Negotiations

Owner will rank remaining “most” qualified. If the Owner is unable to negotiate a satisfactory contract with the selected Offeror, the Owner shall, formally and in writing, end negotiations with the Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Award of contract may be made without negotiations. A request for negotiations is at the sole discretion of Owner and will be extended in writing.

3.09 Vendor Performance Tracking System

In evaluating responses, the Owner will consider information related to past contract performance of an Offeror including, but not limited to Texas Comptroller of Public Accounts’ (CPA) Vendor Performance Tracking System (VPTS) available at https://www.txsmartbuy.com/vpts.

Prior work performance with the Owner and other state agencies or governmental entities which are familiar with an Offeror’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Offerors involved in litigation with the Owner, or another state agency may be disqualified. Offeror’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

(a) The Vendor has a score less than C or Unsatisfactory in the VPTS,

(b) Currently under a Corrective Action Plan through the CPA,

(c) Having repeated negative Vendor Performance Reports for the same reason,

(d) Having Purchase Orders/Contracts that have been cancelled in the previous 12 months for non-performance, (i.e., failure to remedy defective work, late delivery, etc.).

3.10 Procedures in the Event of Tie

In the case of a tie between two or more Offerors, award will be made in accordance with Texas Government Code, Title 10, Subtitle D. Chapter 2155, Subchapter H. Purchasing Preferences. Offerors shall claim the applicable preference(s) in its response by marking the appropriate preference on the Qualifications and Past Performance Form.

If a tie still exists after review of Preferences claimed by the Offerors, each tie Offeror will be given an opportunity to withdraw their Proposal. If two or more offerors do not withdraw their proposals, the lowest Offeror will be determined by a coin toss or a series of coin tosses when there are more than two Offerors. If all tie Offerors request to withdraw their proposals, no withdrawals will be allowed, and the low Offeror will be determined by a coin toss or a series of coin tosses when there are more than two Offerors. The Contract Manager will preside over the proceedings with two witnesses to oversee the tie-breaking activity.

3.11 Reciprocal Preference Law

Texas law requires that responses from nonresidents from a state that grants resident offeror preferences for that state’s purchases must be reciprocated in the same manner when competing against an offeror residing in Texas. In other words, the State of Texas will respond in kind to resident offeror preferences made by other states.

Reciprocity and resident offeror preferences do not apply when evaluating responses that involve the use of federal funds. The reciprocity preference is only applied during the evaluation process and only in situations where the out-of-state offeror is from a state that has a residency preference. SPD maintains a Summary of Other State Bidder Preference Laws on the CPA website https://comptroller.texas.gov/purchasing/bidder-preference/.

https://www.txsmartbuy.com/vpts

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3.12 Required Submittals

Offerors shall upload the required submittals by the Proposal due date and time stated herein. Offeror must submit all documents required by this solicitation. Failure to submit all required documents (including those identified in other evaluation criteria) with acceptable proposals and information meeting the applicable requirements of those documents may cause Offeror to be deemed “non-responsive” and disqualified.

Addenda: Upload each signed addenda in accordance with Section 1.13 - Addenda

Price Proposal Form: Upload the Price Proposal Form completed in its entirety in accordance with Section 1.17 – Price Proposal

Essential Clauses, Affirmations & Additional Contract Requirements (ECACR): Upload the completed and signed ECACR document in accordance with Section 2.12 – Essential Clauses, Affirmations & Additional Contract Requirements

Bid Security: Upload the bid security documentation provided by Offeror in accordance with Section 2.13 – Bid Security

Subcontracting Plan: Upload the required documentation in accordance with Section 2.14 – Veteran Heroes United in Business (VetHUB) Subcontracting Plan. See Required Submittal Forms section for Subcontracting Plan forms and instructions and Exhibit A – Infrastructure VetHUB Subcontracting Opportunities Form.

Qualifications and Past Performance: Upload the following documents as one .pdf file

Qualifications and Past Performance Response, completed Sections 1 – 5

Certificate of Authority for Out of State Contractor, Section 1 (if applicable)

Letter from Surety – Ability to acquire required Bonding, Section 2

Project Experience Forms and Reference Letters, Section 4

Proposed Project Team and Resumes, Section 5

Methodology: upload the methodology documentation as one .pdf file.

Construction Schedule: upload the following documents as one .pdf file.

Construction Schedule Response Form

Construction Schedule

END SECTION 3