ESBD_File_323663_582-24-50014 - Solicitation - ESBD_Final_05-18-2023.pdf

• TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Date: May 23, 2023

Type of Solicitation: Request for Proposals

Name of Solicitation: Water Filtration System Services

Solicitation Number: 582-24-50014

Class 670, Item 86

Class 890, Item 17

Class 910, Item 77

General Information 1.0 Pre-Proposal Conference: May 31, 2023 at 10:00 a.m. Central Time

The Pre-Proposal Conference is not mandatory. TCEQ will livestream the Pre-Proposal Conference. Access to the meeting will be via Microsoft Teams using this link:

TCEQ Pre-Proposal Conference for Water Filtration System Services RFP 582-24-50014

Questions: TCEQ has set up an email account where Vendors may submit questions regarding the Solicitation. Official answers to questions will be issued in addenda.

Questions submitted before the Pre-Proposal Conference may be read aloud at the end of the Pre-Proposal Conference. TCEQ reserves the right to provide a single response for similar questions. During the Pre-Proposal conference, the viewing public is encouraged to type questions into the chat feature. The public voice option will be disabled to prevent disruptions. To obtain an official response to the question, the Vendor must submit the question to the email address for questions. The email address for submission of questions is Procurements&Contracts@tceq.texas.gov.

Deadline for Submission of Questions:

June 6, 2023 at 3:00 p.m. (Central Time)

Anticipated TCEQ reply to Vendor Questions:

June 13, 2023

Responses Due Date and Time:

June 21, 2023 at 3:00 p.m. (Central Time)

Description

This solicitation for a statewide contract is for the installation and maintenance of water filtrations systems on TCEQ designated sole-source domestic water wells as described in the attached Scope of Work. The term of this contract is expected to be from October 1, 2023, through August 31, 2027, with the option of a one-year renewal with agreement of both parties.

TCEQ Solicitation: 582-24-50014 Page 1 of 161 mailto:Procurements%26Contracts@tceq.texas.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjEwMTU3ODYtOGRmZC00MDhjLTk2YzgtNTNmODRkZDdhYjM4%40thread.v2/0?context=%7B%22Tid%22%3A%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2C%22Oid%22%3A%22f20147fb-71fd-4cd3-a643-b951aea010d2%22%2C%22IsBroadcastMeeting%22%3Atrue%2C%22role%22%3A%22a%22%7D&btype=a&role=a

Historically Underutilized Business (HUB) Subcontracting Plans

Submission of a HUB Subcontracting Plan is required for all Responses to this Solicitation.

Purchasing Authority

Request for Proposals (RFP) via Scientific & Technical Environmental Services Texas Water Code Section 5.2291 and Texas Government Code Section 2254.003.

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TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Name: Aaron Stoke

Telephone: 512-239-0377

Email: Aaron.Stoke@tceq.texas.gov

Email for Vendor Questions: Procurements&Contracts@tceq.texas.gov

Email Address for Delivery of Responses:

Procurements&Contracts@tceq.texas.gov

Additional information regarding delivery of Response is in the Responder instructions.

TCEQ Historically Underutilized Business (HUB) Coordinator

Name: Claribel Diaz, HUB Coordinator

Email: Claribel.Diaz@tceq.texas.gov

Name: Wendy Cole, Assistant HUB Coordinator

Email: Wendy.Cole@tceq.texas.gov

The HUB requirements are found in Chapter 2161, Texas Government Code and 34 Texas Administrative Code, Chapter 20, Subchapter D. The HUB Subcontracting Plan (HSP) forms and additional information about the HUB program are found at the Texas Comptroller’s website:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

TCEQ Solicitation: 582-24-50014 Page 3 of 161 mailto:Aaron.Stoke@tceq.texas.gov mailto:Procurements%26Contracts@tceq.texas.gov mailto:Procurements&Contracts@tceq.texas.gov mailto:Claribel.Diaz@tceq.texas.gov mailto:Wendy.Cole@tceq.texas.gov https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

1.1 Responder General Instructions

1.1.1. Definitions

Responder is defined as the business entity or Joint Venture that proposes to enter a contract with the TCEQ to perform the Work described in this Solicitation as the prime Contractor.

1.1.2. Pre-Proposal Conference

If a Pre-Proposal Conference is scheduled for this Solicitation, the date, time, and location are on the Cover Page. Any Pre-Proposal Conference scheduled after release of this Solicitation will be announced in an addendum posted on the Electronic State Business Daily (ESBD) link http://www.txsmartbuy.com/sp.

1.1.3. Questions Regarding the Solicitation

Deliver questions in writing by the due date and time on the Cover Page to the email address specified on the Cover Page. Please label the email subject line with Solicitation Number, Solicitation Name, and the Responder’s name. TCEQ may provide a single response for similar questions. TCEQ endeavors to provide answers to questions by the date listed in Section 1.0 (Solicitation Cover Page), but may issue answers later.

1.1.4. Addenda

Any changes to the Solicitation, deadline dates, and all responses to questions will be posted as addenda on the Electronic State Business Daily (ESBD). All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding. It is Responder’s responsibility to review all addenda. Including the signed and dated addenda cover pages with your Response (Proposal) establishes verification each was received.

1.1.5. Changes to the Terms and Conditions

The Example Contract Section contains the terms and conditions that will govern any award under this Solicitation. These include clauses required by the State of Texas. Please carefully review these terms and conditions. Any terms the Responder seeks to modify or negotiate must be included in Tab 6 of the Response; however, extensive modifications or exceptions that are not advantageous to TCEQ may result in the disqualification of the Response. TCEQ reserves the right to change terms in addenda and negotiate final contract terms with any selected Responder.

1.1.6. Quantity and Nature of the Work

Responders are required to inform themselves of all conditions that may affect the performance or the prices. By submitting a Response, Responder expressly waives any claims that there was a misunderstanding concerning the quantities or the nature of the Work.

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1.1.7. Historically Underutilized Business (HUB) Subcontracting Plan

(HSP)

The Cover Pages and Response Contents Checklist page in Section 2.3 indicate whether an HSP is required. Failure to submit an HSP, if required for the Solicitation, will result in rejection of the Response.

You are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinators listed in the TCEQ Points of Contact for This Solicitation section. TCEQ will respond to timely and relevant inquiries. The HSP must demonstrate you made a good faith effort to include HUBs in subcontract work.

If there are any changes to the information in the HSP after it is submitted, then you must obtain prior approval from TCEQ.

1.1.8. Preparation of Response

1. The Responder is responsible for all costs incurred in the preparation and submission of a Response. Responses shall be in the format of one signed, searchable Adobe portable document format (.pdf) file of the entire Response, including the Schedule of Pay Item Prices. The Response must not be assembled as a portfolio type pdf file. The Schedule of Pay Item Prices must also be provided using the Microsoft Excel spreadsheet (.xlsx) file posted by TCEQ with the Request for Proposals on the ESBD. Do not modify the posted Excel file, except for entry of submitted prices and if applicable, information.

2. The Response shall be clearly labeled and organized as described in this Solicitation. The Responder shall limit the Response to the number of pages and specific type of documents specified for each section. The Response shall be entirely reproducible in black and white. Elaborate brochures, artwork, or other complex visual aids are unnecessary.

3. Prepare and submit the Response per the list below and if included, any information in the Responder Special Instructions,:

a. Include all information listed on the Response Contents Checklist page.

b. A cover/transmittal letter may be included and should be placed in front of/before the TAB CONFIDENTIAL. However, a cover/transmittal letter is not required and will not be scored as part of the evaluation.

c. Complete the applicable forms in this Solicitation.

d. Obtain any missing applicable forms from TCEQ with sufficient time to complete and submit them in the Response.

e. Create any other applicable documents.

f. Include separation pages between tabs and insert all applicable documents behind the specified tabbed sections. If you have no information to include behind a tab, include a page behind the tab stating “Not Applicable”.

g. Sign the Response on the Responder’s Signature and Information page. Unsigned Responses will not be considered.

h. The Response must contain the entire submission as one searchable PDF document. All documents that require a signature must be signed in the Response. A scan of the signed document is acceptable.

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1.1.9. Pages of the Response

a. All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Required maps may be submitted to allow for printing on 11-inch X 17-inch paper. Standard font size shall be 10 to 12 point. Charts and maps may use smaller font size, but not less than 8 point. Language shall be American English.

b. Unless otherwise specified, page limits include any tables, diagrams, maps, charts, figures, text, or other depictions. Any information provided by the Responder in excess of the allowable page limits will not be evaluated.

c. Each page of the Response shall be numbered consecutively as “Page x of y”, where “x” is the page number and “y” is the total number of pages of the Response.

d. Each page of the Response shall be labeled with the Responder’s name and Solicitation number.

1.1.10. Joint Venture. If the Responder is a Joint Venture, the Responder must also provide the following information under the TAB for Joint Venture information:

a. The Joint Venture’s Texas Identification Number (TIN) from the Texas Comptroller of Public Accounts and the Federal Tax Identification Number (FEIN); and

b. Certification for Joint Venture, which is included in this RFP.

If at any time it appears that the Joint Venture is not proceeding within a reasonable time to obtain identification numbers, then TCEQ may reject the Joint Venture’s Response.

1.1.11. Schedule of Pay Item Prices

1. The Responder shall complete and return the Schedule of Pay Item Prices.

The Contractor shall perform the Work as specified in the Contract Documents, including the description in the Technical Specifications (including the Scope of Services, Points of Clarification, Technical Specifications for the Pay Items, and Work Order Proposal Process).

The prices in the Schedule of Pay Item Prices included in the awarded contract under this Solicitation are fixed prices for the total duration of the contract, including the renewal and extension. The Period of Performance for an awarded contract is four years with an option for a one-year renewal and a 180-day extension. By submitting its Response to the TCEQ, the Responder certifies the completion, accuracy, and fixed-price status of the proposed prices therein. All fixed-price pay items, unless stated otherwise, are fully-loaded unit prices that include all routine communication as defined in the Points of Clarification and /or Technical Specifications, labor, and materials, administration, and preparation costs for invoices, Work Orders, and Work Order Amendments. During the contract, no additional labor hours may be charged for the included items.

Unless otherwise described, the price is for one unit of each item, for example, one hour. The Responder must be able to perform all of the work included in the Technical Specifications and must propose a price for every fixed-price pay item in the spaces provided.

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2. Price Scoring: The Schedule of Pay Item Prices will constitute 30 points of the total score for the Responder during evaluation of the Response by the TCEQ. The Price score will be calculated using the following formula:

�1 − (Responder’s Price Total)−(Lowest Price Total of a Responder)𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑆𝑆𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃 = � ∗ 30 points

Highest Price Total of a Responder

TCEQ may weight individual pay items.

3. Format of the Schedule of Pay Item Prices

The Responder must submit the completed Schedule of Pay Item Prices in the complete Response PDF and in the Microsoft Excel spreadsheet provided by TCEQ. Each price should have two decimal places. See the Excel worksheet “Instructions” for full guidance.

Two spreadsheets containing the Schedule of Pay Item Prices have been posted on the ESBD for your use to help you build your prices. The unprotected spreadsheet has no locked cells so that you may manipulate it however you need to build your prices. The protected spreadsheet only has unlocked cells for the proposed prices. The protected spreadsheet must be returned to TCEQ so that we may evaluate your proposed prices. Do not submit the unprotected version.

In the event of discrepancies between the PDF version and the Microsoft Excel version, the information submitted in the Microsoft Excel version will be used.

1.1.12. Submission Via Email

Responses become TCEQ records and cannot be returned. If the instructions for preparing and submitting the Response are not met, the Response may be disqualified. Submit the Response to this email address:

Procurements&Contracts@tceq.texas.gov. Do not submit by any other method.

The email subject line must be formatted as follows: “582-24-50014 – TCEQ RFP Water Filtration System Services – Proposal from <insert business name>”. The Responder is solely responsible for ensuring that its complete electronic submission is received by TCEQ before the Due Date and time stated on the Solicitation document. TCEQ has established an automatic response email to indicate your submittal was received. Keep this time stamp confirmation email as a delivery receipt.

The items listed below constitute the Response and must be attached to the email:

a. One signed, searchable Adobe portable document format (.pdf) file of the entire Response, including the Schedule of Pay Item Prices, and

b. The Microsoft Excel spreadsheet containing the Schedule of Pay Item Prices.

Notes:

a. The Response documents must NOT be password protected, except the Schedule of Pay Item Prices, which is protected by TCEQ.

b. Size of Email: The TCEQ email box has a maximum file size of 50 MB.

If the attachments constituting the Response are larger than 50 MB, the Response must be submitted through separate emails. This will require that the Responder split the .pdf file into two or more files. If the Response is submitted through separate emails, the subject line must indicate the total number of emails (e.g., 1 of 2, 2 of 2) and all

TCEQ Solicitation: 582-24-50014 Page 7 of 161 mailto:Procurements&Contracts@tceq.texas.gov the parts of the Response must be submitted by the stated Response Due Date and time.

c. TCEQ will not accept a file share link to be submitted as the Response, e.g., by Drop Box or FTP.

d. TCEQ is not responsible for documents that cannot be read.

Unreadable Responses may be rejected as non-compliant at TCEQ’s discretion.

1.1.13. Due Date/Late Responses

It is Responder’s responsibility to ensure timely delivery of the Response to TCEQ by the date and time on the first page of this Solicitation. Late Responses will not be considered under any circumstances. TCEQ will not be responsible for receipt of the email(s) containing the Response. Responses cannot be altered or amended, without TCEQ request, or withdrawn, after the Due Date and Time, except as otherwise allowed in the Solicitation.

1.1.14. TCEQ’s Acceptance of Responses

TCEQ may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TCEQ may accept or reject all or any part of any Response, waive procedures for submitting Responses, and waive formalities and/or minor technicalities, whichever best serves the interests of TCEQ. TCEQ may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TCEQ. TCEQ shall be the sole judge of the best interests of TCEQ.

1.1.15. Evaluation

1. The TCEQ will evaluate and score all Responses received within the published deadline for submission of Solicitation, except for those Responses that are disqualified due to failure of any pass/fail item, including HUB requirements. TCEQ may consider information regarding the Responder’s performance for TCEQ, other governmental entities, non-profit entities, and businesses and the information contained in the Texas Comptroller of Public Account’s vendor performance tracking system.

2. Pass/Fail Screening: The Response will be screened using the pass/fail criteria (if applicable).

Responses shall be considered non-responsive and will be rejected for the following reasons:

a. Responder does not sign the Responder’s Signature and Information page.

b. Responder fails to demonstrate a good faith effort to meet the Historically Underutilized Businesses (HUB) requirements.

Responses may be rejected for the following reasons:

a. Responder’s failure to deliver the Response, including all forms, certifications, and deliverables to the TCEQ.

b. Alteration of the required forms and certifications.

c. Responses submitted that are not in accordance with the instructions of this Solicitation.

3. Responses will be evaluated and ranked based on qualifications and price.

The approach and procedures are those which are applicable to the

TCEQ Solicitation: 582-24-50014 Page 8 of 161 procurement of scientific and technical environmental services. The evaluation criteria are described in Section 2. TCEQ will enter negotiations, including price, with the Responder(s) within the competitive range.

4. The pricing and all terms and conditions of Responses are fixed for 120 days from receipt by TCEQ. Best and Final Offers (BAFOs), if requested by TCEQ, are fixed for 60 days from receipt by TCEQ.

5. The Responder shall notify the TCEQ of material changes to the Response (such as changes in staffing structure) during the time interval between the Response Due Date and date of contract award.

6. A Responder may be requested to provide additional information to clarify the Response. Not all Responders may be requested to provide additional information (written or verbal presentations).

7. The Responder’s Qualifications section allows each Responder the opportunity to describe its knowledge, experience, and expertise in performing the tasks identified in the Solicitation, its understanding of the contract scope and Specifications, its proposed personnel, and the structure of its organization; such that the TCEQ can evaluate the Responder’s qualifications to provide the services listed in the Specifications.

The submitted Responder’s Qualifications must be a complete description of the Responder’s capability and experience to meet and perform the requirements of this Solicitation.

1.1.16. Selection

Depending on the applicable procurement method and solicitation type, in order to secure the best value for the State, TCEQ may take one or more of the following actions in the selection process:

a. Accept the highest scoring Response without changes.

b. Request clarifications, assurances, and corrections.

c. Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs). The BAFO must be in compliance with all TCEQ requirements.

d. Change the selection criteria and apply it to BAFOs.

e. Select the highest scoring BAFO and accept it without changes or negotiate better terms.

f. In the case of a tie, which cannot be resolved by application of one or more statutory preferences, a selection may be made that is in the best interest of the State.

g. The TCEQ may award one or more contracts based on the amount of work that TCEQ foresees needing performed.

h. TCEQ may award contracts to other contractors at a later date under this Solicitation or through another appropriate method, including another solicitation.

1.1.17. Certification of Interested Parties

If you are selected as a vendor for a contract that meets the requirements for Certification of Interested Parties, you will be required to electronically file a disclosure of interested parties form (Form 1295) and submit a copy to TCEQ.

TCEQ will provide instructions.

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Form 1295 is accessible at the Texas Ethics Commission’s website at https://www.ethics.state.tx.us/filinginfo/1295/. Additional information about Form 1295 can be found on the Texas Ethics Commission’s website and on their list of Frequently Asked Questions.

1.1.18. Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts. TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

1.1.19. Public Information

The Response is a public record. By signing and submitting a Response, Responder hereby acknowledges:

a. That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552;

b. That the Responder has specifically identified information it contends to be business confidential or proprietary by conspicuously marking each and every page containing such information as confidential business or proprietary information and accepts that TCEQ may in its sole discretions deem a Response as non-compliant;

c. That the Responder has placed all Personally Identifiable Information (PII) and Sensitive Personal Information (SPI), such as social security numbers, behind the designated TAB CONFIDENTIAL. See Texas Business & Commerce Code § 521.002(a)(1), (2) for relevant definitions; and

d. That Responder grants a royalty-free, non-revocable, world-wide, perpetual license to reproduce any copyrighted portions of the Response and subsequent documents to comply with Legislative Budget Board (LBB) reporting requirements, PIA disclosures, or any other reporting requirements mandated by law.

1.1.20. Conflict of Interest

Responder shall disclose apparent, potential, or actual conflicts of interest known with the Response in the Tab 6 Other. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded, during the Contract Period. TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

TCEQ Solicitation: 582-24-50014 Page 10 of 161 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=11&rl=2 https://statutes.capitol.texas.gov/Docs/BC/htm/BC.521.htm#521.002 https://statutes.capitol.texas.gov/Docs/BC/htm/BC.521.htm#521.002

2.1

2.0 Scope of Services, Evaluation Criteria, and Response

Contents

Scope of Services

1. Under Water Filtration System Services Contracts, the Remediation Division issues Work Orders for services to be performed at sites of sole-source domestic water wells identified by TCEQ. Services include installation and maintenance of filtration systems to remove hydrocarbon, volatile organic compounds, semi-volatile organic compounds, and metals contamination.

2. Water Filtration System Services operations must be maintained without interruption at sole-source domestic water wells identified by TCEQ which are impacted by contaminants to reduce identified direct risk to human health. Continuous operation and support of these water filtration systems requires continuity of contracts.

3. At the authorization of the TCEQ the Contractor shall provide or assist in implementation of the following:

a. Water filtration services for sole-source domestic water wells to remove hydrocarbon, volatile organic compounds, semi-volatile organic compounds, and metals contamination (both particulate and dissolved). This Contract may also be used for the removal of pesticides, herbicides, polychlorinated biphenyls (PCBs), cyanide, and other contaminants as required.

b. If response times or scheduling with the end user of an impacted sole-source domestic water well prevents mobilization within 48 hours, the Contractor shall arrange for provision of sufficient potable bottled water to the end user(s) to support drinking water requirements for human consumption until water filtration services have been installed and the water filtration system is operational.

c. Other tasks as assigned.

4. This Contract shall not be utilized for Professional Engineering design services of any water filtration system provided under Water Filtration System Services Contracts. If a contaminant or site-specific condition is encountered that falls outside of the capacities of the specifications of the water filtration system as described in this Contract, the Contractor’s staff may be utilized to determine which prefabricated components may be incorporated into the water filtration system to meet site-specific needs. If Professional Engineering design services are needed, the TCEQ reserves the right to perform such design work utilizing another Contract.

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2.2 Evaluation Criteria

The required information contained in the following sections must be included in Response Contents.

The Response will be evaluated and ranked based on the criteria listed in this section of the Solicitation and elsewhere in the Solicitation.

1. Evaluation Categories Responses and Best and Final Offers will be scored on the basis of demonstrated competence and qualifications to perform the services, and price. The following table shows the scoring breakdown by category:

Table 1: Evaluation Categories

Category Percent Available

Company Description and Organization 20%

Personnel (Key and Non-key) 20%

Past Performance 20%

Technical Approach 10%

Price 30%

Total Available Percent 100%

2. Responder’s Qualifications A. The required information contained in the following sections must be included in

Response Contents.

B. The submitted Response must be a complete description of the Responder’s capability and experience to meet and perform the requirements of this solicitation.

C. The Responder’s Qualifications are organized into four broad sections. Include all responsive information in Tab 2 of the Response.

3. Company Description and Organization (Tab 2.1) A. The response to this section will represent twenty percent (20%) of the overall score of the Response.

B. The purpose of this section is to provide information such that the TCEQ can evaluate whether the Responder has adequate management structure and operating procedures to control, coordinate, and to provide services in a timely manner.

C. Describe Responder's business entity including:

1. Type of business organization, such as corporation, partnership, or sole proprietorship

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2. Date established

3. State of incorporation

4. Texas authorizations to conduct business

5. Location of company headquarters

6. Location of relevant branch offices

7. Equipment and other resources necessary to fulfill the requirements of the scope of work.

8. If not currently located in Texas, describe in detail your plan to relocate personnel and equipment to Texas in the event you are awarded this contract. Relocation would be required within 30 days after award. Office location in Texas is required to ensure rapid response for filtration system installation and maintenance.

D. Describe Responder’s Company Organization:

1. Provide a general explanation and/or chart which specifies project leadership and reporting responsibilities and indicates which team members will interface with TCEQ project management.

2. Team members should include the Program Manager, Project Manager(s), Field Technicians, Administrative Personnel, and any other proposed personnel necessary for TCEQ to evaluate your Proposal.

3. Include proposed number of personnel by discipline dedicated to performing the services for TCEQ.

4. Include the name and title of the official contact for your company and an alternate, who have the legal authority to bind the company in contractual matters.

E. Include a written response for each of the following statements:

1. Discuss the Responder’s approach to planning and organizing contract activities as presented in the RFP, including the management of subcontractors (if any) and roles and responsibilities of key personnel.

2. Discuss the Responder’s approach to complete the tasks described in the RFP and oversee concurrent implementation at multiple sites.

3. Discuss the Responder’s approach to commit personnel and maintain a high degree of responsiveness to the periodic and unpredictable nature of activities associated with the work.

4. Discuss the Responder’s strategy to effectively organize, store, and maintain supplies and equipment needed to perform the work. Include equipment storage locations in the discussion.

4. Personnel (Key and Non-key) (Tab 2.2) A. The Response to this section will represent twenty percent (20%) of the overall score of the Response.

B. The Contractor shall have available for work under this contract staff who meet the minimum requirements for each of the positions listed in this section.

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C. Responses including personnel who are Subcontractors, or employees of Subcontractors, must comply with the HUB Subcontracting Plan. Any changes in Subcontractors must comply with the HUB Subcontracting Plan, which would require an amendment to the HUB Subcontracting Plan before engaging or replacing a subcontractor.

D. Each of the following positions must be listed and the proposed personnel described using the format below. Individual personnel who meet the minimum qualifications for more than one position may be proposed for each position for which they are qualified.

E. Key Personnel Labor Categories:

1. Program Manager:

a) The Program Manager must be a direct employee of the Responder, shall be authorized to legally bind the contracted company, and shall be the contact person for all issues regarding the Terms and Conditions of the contract.

b) The Program Manager shall be responsible for maintaining a complete and effective project team by formally requesting the addition or substitution of key personnel and subcontractors.

c) The Program Manager may also be the same individual who fills the function of the Project Manager and Field Technician, but this individual must have the qualifications and experience listed under each position.

d) One Program Manager is required.

2. Project Manager:

a) The primary purpose of the Project Manager is to maintain schedules for canister exchanges, communicate with the TCEQ, and ensure that all documentation generated during the Contract is complete and accurate.

b) In addition to all other requirements of national, state, and local codes; and/or requirements of license, registrations, and training; the Project Manager shall hold a current and valid Class II or III Water Treatment Specialist License or hold a current and valid license as a plumber in the state of Texas.

c) The Project Manager shall have at least five years of experience installing, maintaining, and repairing the filter systems required in this Contract.

d) The Project Manager may also be the same individual who fills the function of the Field Technician, but this individual must have the qualifications and experience listed under each position.

e) One Project Manager is required.

3. Field Technician:

a) In addition to all other requirements of national, state, and local codes; and/or requirements of license, registrations, and training; the Field Technicians shall hold a current and valid Class I (or higher) Water Treatment Specialist License or hold a current and valid license as a plumber in the state of Texas.

b) The Field Technicians shall have at least three years of experience installing, maintaining, and repairing the filter systems required in this Contract.

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c) Two Field Technicians will be required for this Contract, one of whom may be the Program Manager or Project Manager, paid at a Field Technician’s rate for field work.

F. Include Key Personnel resumes in the following order behind Tab 2.2

1. Program Manager,

2. Project Manager, and

3. Field Technicians.

G. Key Personnel Resume Format: Utilize the following format to list and describe the training and experience of each key personnel that will be associated with this contract. Your description must include the relevant on-site technical experience.

1. Key Personnel and Company Name or indicate that they are an independent contractor with no company name;

2. Relationship with the Responder: Indicate whether person is a direct employee, subcontractor, or other;

3. Title of Key Person (use a labor category listed above);

4. Office Location: Location of office where key personnel is employed;

5. Education/Certifications: Field of Study, level of education, and list of degrees/certifications, including where Key Personnel received education or certificate;

6. Years of experience in field of study;

7. Years of Management Experience: number of years and type of experience;

8. Years of Environmental Experience: number of years and type of experience;

9. Years of Water Filtration Experience: number of years and type of experience;

10. Total Sites: Number of water filtration sites worked on and description of involvement;

11.Description of Experience: Provide a description of the Key Personnel’s relevant experience with respect to the scope of work, including number of years of experience; and

12.Description of how the person will assist in the performance of the work.

H. Non-key Personnel - Administrative Staff

1. There must be sufficient administrative staff available to ensure timely and accurate delivery of status reports, project reports, and invoices.

2. Document the number of available administrative staff in Tab 2.2 behind Key Personnel Resumes.

5. Past Performance (Tab 2.3) A. The response to this section will represent twenty percent (20%) of the overall score of the Response.

B. Describe recent and significant instances of past performance of same or similar work.

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C. Provide information on a minimum of one and a maximum of three reference contracts completed within the last five years, or currently in progress, for the same or similar work to that described in the RFP.

D. At least one reference contract submitted must be for a completed contract.

E. These reference contracts may include contracts with federal, state and/or local governments, as well as commercial businesses and non-profit entities.

F. The Responder shall include the following information for each reference contract:

1. Project Name and Location: Include the names, addresses, and phone numbers for Responder’s and client’s project managers.

2. Client Reference Information: Include name, address, and telephone number of the client reference. Verify the contact information prior to submitting the Proposal, and provide a secondary contact if the primary contact is frequently unavailable.

3. Scope of Work: Describe the project’s scope of work and type of filtration system(s).

4. Nature of Responder’s Responsibility: Describe the nature of the Responder’s responsibility on the project, including whether the Responder functioned as the prime contractor, consultant, subcontractor, or other.

5. Key Personnel: List Key Personnel proposed for this contract and discuss each person’s role under the reference contract.

6. Period of performance: Provide start and end dates. Was the project completed based on the original schedule? Describe any delays that occurred and how you responded to them. Describe any actions taken that accelerated performance to achieve early completion.

7. Dollar value of the Contract: State the dollar value of the contract.

8. Subcontractors: List subcontractors utilized, if any, and what they were utilized for.

G. Note: If Responder has no relevant past performance history, a Responder must affirmatively state that it has no relevant, directly-related, or similar past performance history. If a Responder does not indicate whether past performance history exists, the Responder’s submittal may be considered ineligible for award.

H. The TCEQ may contact and interview a representative of the client for each reference contract. Reference contracts whose references cannot be reached for any reason (including but not limited to those clients whose names cannot be listed or released under the State or Federal Open Records Acts, who are unwilling to have their evaluations released or who simply do not wish to be contacted) must not be used. If TCEQ is unable to interview references for any reason, the qualifications may be evaluated as if the reference contract and reference information had not been supplied, resulting in a lower score.

I. The TCEQ reserves the right to perform reference checks for some or all reference contracts but is not required to do so. Any information obtained during a reference check that is inconsistent with representations made in the Response or supporting documents may affect the score of the reference contracts.

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6. Technical Approach (Tab 2.4) A. The response to this section will represent ten percent (10%) of the overall score of the

Response.

B. Please submit the following items to demonstrate your technical approach for accomplishing the scope of work described in the RFP.

1. Standard operating procedures to be utilized for the installation, maintenance, and removal of water filtration systems on sole-source domestic water wells.

2. Quality assurance and quality control procedures for performing the work. Include a sample “checklist” or similar tool that will be utilized by field technicians.

3. A labeled schematic of the Responder’s basic water filtration system.

4. A copy of the granular activated carbon (GAC) manufacturer’s benzene, toluene, ethyl-benzene, xylene, methyl tert-butyl ether, tetrachloroethylene, trichloroethylene, and 1,2-dichloroethane isotherms for the GAC to be used in the proposed filtration system.

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2.3 Response Contents

Fill Out and Submit the Information and Forms listed in the Response Contents Checklist (See Section 2.2 for additional instructions)

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Response Contents Checklist

Response must be organized with the designated index TABs and in the designated order. If Responder has no information to place behind a TAB or TAB CONFIDENTIAL, insert a page marked “Not Applicable” behind the TAB.

TAB CONFIDENTIAL

Confidential Information (Personally Identifiable Information [PII] or Sensitive Personal Information [SPI], including Social Security Numbers, must be removed from designated TAB location and placed behind this TAB CONFIDENTIAL.)

TAB 1 Authorized Signature and Information

• Responder’s Signature and Information (containing no PII or SPI).

• Signed Cover Pages of Addenda

TAB 2 Responder Qualifications (described in Evaluation Criteria Section)

TAB 2.1 Company Description and Organization

• Includes business entity description, company organization, and written responses to information requested in Evaluation Criteria Section 3.E.

TAB 2.2 Personnel (Key and Non-key)

• Program Manager Resume (one required)

• Project Manager Resume (one required)

• Field Technician Resumes (two required)

• Non-key Personnel – Number of Available Administrative Staff

TAB 2.3 Past Performance

• Includes reference contract descriptions (minimum one, maximum three)

TAB 2.4 Technical Approach

• Includes standard operating procedures, quality assurance and quality control procedures, labeled schematic of the Responder’s basic water filtration system, and granular activated carbon (GAC) isotherms

TAB 3 Joint Venture, including Certification (if applicable)

TAB 4 Additional Response Forms

• Preferences Form (as applicable)

• HUB Subcontracting Plan Forms

TAB 5 Schedule of Pay Item Prices

TAB 6 Other

May be used to include information that does not fall under another designated Tab, to explain a Certification you cannot make, or disclose a Conflict of Interest.

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RESPONDER’S SIGNATURE AND INFORMATION

(Failure to sign below will disqualify your Response.)

Registered Name of Responder:

D/B/A

Company Address:

Vendor ID Number:

The ID number is the payee identification number assigned and used by the Comptroller of Public Accounts of Texas to process payment for goods/services. See How to Register as a Texas Vendor on the Comptroller’s website (https://comptroller.texas.gov/purchasing/vendor/registration)

Provide one of the following:

• Federal Employers Identification Number (EIN)

• Social Security number behind Tab CONFIDENTIAL.

Unique Entity Identifier Number, if applicable:

Printed Name and Title of individual authorized to bind Responder to this Response:

Authorized Signature:

Your signature binds you to everything in the Solicitation and your Response, including the Certifications and your completed HUB Subcontracting Plan. By signing, you also affirm that everything in your Response is complete, true and accurate.

Date of Signature:

Name of Responder Representative to contact regarding this Response:

Title of Representative:

Telephone Number:

Email Address:

Pursuant to Texas Family Code § 231.006(c), regarding child support, Responses must include names and Social Security Numbers of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the Response. See Responder’s Certifications for additional information. Check one of the following:

This provision applies, and the required information is submitted behind Tab CONFIDENTIAL in the Response.

This provision does not apply to the Responder.

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RESPONDER’S CERTIFICATIONS

By signing and submitting its Response, Responder certifies each of the numbered statements below. If Responder cannot affirm any of the certifications, please provide the facts that prevent Responder from making the certification in Tab 6.

These certifications are part of the Response and any resulting Contract. False certifications may lead to disqualification of the Response or to contract remedies, such as termination for cause, and other administrative and criminal penalties.

1. Responder has not given or offered, and does not intend to give or offer, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service or other thing of value to a public servant in connection with its Response.

2. Responder has disclosed in Tab 6 any known financial interest of, or foreseeable financial benefit to, any TCEQ commissioner, executive director, deputy executive director, general counsel or chief procurement officer, and their family members, as defined by Section 2261.252, Government Code.

Responder has disclosed any proposed personnel who are related to any current employees of TCEQ.

3. Responder represents that no person who served as an executive head of TCEQ, in the past four years ending on the date of the Response, was involved with or has any interest in this Response. If Responder employs or has used the services of a former executive head of TCEQ or any other state agency during the four years ending on the date of the Response, then Responder shall provide the following information in the Response: name of the former executive, the name of the state agency, the date of separation from the state agency, the position held with Responder, and the date of employment with Responder.

4. Responder represents and warrants that it and its representatives are not in violation of Texas Government Code Section 572.054, which covers revolving door prohibitions on former employees of state agencies working on the same particular matter.

5. Responder represents and warrants that it and its representatives are not in violation of Texas Government Code Section 2252.901, which places a one-year restriction on former or retired employees from entering an employment contract, professional services contract, or consulting services contract directly with the agency, if appropriated funds will be used to fund the contract.

6. Responder represents and warrants that its employees are not barred from accepting employment from the Responder by Texas Government Code Section 572.069, which covers employees who participate in procurements or contract negotiations on behalf of a state agency.

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7. Neither Responder nor any of its officers, directors, owners, partners, or primary managers or supervisors is subject to suspension, debarment, exclusion, disqualification, or similar ineligibility determined by any federal, state or local government entity.

8. The Response does not include financial participation by any individual or entity that was compensated for preparation of the specifications or request for proposal. In accordance with Section 2155.004 of the Texas Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

9. Neither the Responder, nor the firm, corporation, partnership, or institution, represented by the Responder, or anyone acting for such a firm, corporation or institution has (1) violated the antitrust laws of this state (Chapter 15 of the Texas Business & Commerce Code) or federal antitrust law, or (2) communicated its Response, directly or indirectly, to any competitor or any other person engaged in the same line of business. Responder, or anyone acting for such a firm, has also not received information about any other Response to this Solicitation.

10.No individual who is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent of Responder is a child support obligor who is more than 30 days delinquent in paying child support. In accordance with Section 231.006, of the Texas Family Code, the Responder certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract [if any] may be terminated and payment may be withheld if this certification is inaccurate.

11.The Response does not include proposed financial participation by any person who, during the five-year period preceding the date of the Response submittal and the date of Contract award, if any, has been convicted of violating a federal law or assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of any disaster occurring on or after September 24, 2005, including Hurricane Rita and Hurricane Katrina. In accordance with Sections 2155.006 and 2261.053 of the Texas Government Code, the Responder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract, if any, may be terminated and payment withheld if this certification is inaccurate. Signature on the Contract (if any) indicates that the Contract does not include financial participation by any person who, during the five-year period preceding the date of the Contract award, has been convicted of violations listed above.

12.The Responder has not been adjudicated during the preceding three-year period to have committed substantive, non-clerical violations resulting in an

TCEQ Solicitation: 582-24-50014 Page 22 of 161 actual release of hazardous waste that presented an imminent and substantial danger to the public health and safety or the environment.

13.Responder, nor any of its officers, has been adjudicated by a court of law to have violated the Texas Deceptive Trade Practices Act.

14.If Responder gives a Texas address for itself, that address is Responder’s legal business address, and Responder qualifies as a Texas Bidder, meaning that Responder is either incorporated in Texas, has its principal place of business in Texas, or has an established physical presence in Texas.

15.Non-boycotting of Israel. If the Responder is required to make a certification pursuant to Section 2271.001 of the Texas Government Code, the Responder verifies that it does not boycott Israel and will not boycott Israel during the term of the contract. If Responder is exempt from this provision, Responder must provide supporting information in Tab 6.

16.In accordance with Chapter 2252, Subchapter F and Chapter 2270 of the Texas Government Code, Responder…