ESBD_File_323699_RFP 808-23-231056 Cultural Landscape and Visual Components Plan.pdf

Texas Historical Commission

P.O. Box 12276 Austin, Texas 78711

Request for Proposals for

Cultural Landscape and Visual Components Plan

AT

Caddo Mounds State Historic Site

Austin, Texas

RFP # 808-23-231056

THC CONTACT: ISSUE DATE: June 13, 2023 Abel Martinez, CTCD, CTCM at (512) 463-5922 or PROPOSALS DUE DATE: July 6, 2023 abel.martinez@thc.texas.gov 2:00 P.M. Central Time mailto:abel.martinez@thc.texas.gov

RFP No. 808-23-231056

TABLE OF CONTENTS

Signature Page 3

Section I- General Information 4

Section II- Statement of Work 6

Section III- Proposal Information 8

Section IV- General Terms and Conditions 14

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by bidder)

Exhibit B Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer (provided by THC, to be completed by bidder)

Exhibit C Price Schedule (provided by THC, to be completed by bidder)

Exhibit D Certification Regarding Lobbying (provided by THC, to be completed by bidder)

Exhibit E RFP Checklist (provided by THC, to be completed by bidder)

ATTACHMENTS

Attachment A HUB Subcontracting Plan (provided by THC, to be completed by bidder)

TEXAS HISTORICAL COMMISSION

REQUEST FOR PROPOSALS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF PROPOSAL, ANY

EXCEPTIONS THERETO MUST BE IN WRITING

Return sealed proposals (one original & one digital copy) Texas Historical Commission P. O. Box 12276 Austin, Texas 78711-2276

Or hand-deliver or express mail to:

Texas Historical Commission Attention : Abel Martinez 1700 N. Congress Avenue Room B-65 Austin, Texas 78701

Or email to:

Responses@thc.texas.gov Attention : Abel Martinez

Immediately below return address on SEALED ENVELOPE, annotate opening date and request for proposals number.

Faxed proposals will not be accepted.

Late proposals will NOT be considered under any circumstances and will be returned unopened.

Proposals are subject to negotiation and therefore only the names and addresses of respondents will be read at a public proposal opening upon request. Award will be posted on http://www.txsmartbuy.com/sp.

Respondent must sign the proposal. The laws of the State of Texas will prevail on all proposals. By signing this signature page, Respondent certifies that if a Texas address is shown as the address of the Respondent, the Respondent qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, please enter either your federal employer’s identification Number, or if sole owner enter your Social Security Number.

PIN: Phone: (_____) __________-___________

Business Name: Fax Number: (_____) _________-___________

Address: HUB Certified? [ ] Yes [ ] No

City-State-Zip: HUB #:

Email Address:

Signature: Print Name:

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. The State will award the contract to best serve the interests of the State.

Public RFP Opening Address Texas Historical Commission RFP No.: RFP# 808-23-231056 1700 N. Congress, B-65 RFP Deadline: July 6, 2023 Austin, Texas 78701 RFP Closing: 2:00 P.M. C.T.

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE PROPOSAL

mailto:Responses@thc.texas.gov http://www.txsmartbuy.com/sp

TEXAS HISTORICAL COMMISSION

REQUEST FOR PROPOSAL

FOR

Development of a Cultural Landscape and Visual Components Plan

Caddo Mounds State Historic Site

RFP 808-23-231056

Class/Item: 958-02 Agricultural Management Services (Not Otherwise Classified)

Class/Item: 961-01 Cultural Resource Management Services

SECTION I

GENERAL INFORMATION

1. SCOPE. The State of Texas, by and through the Texas Historical Commission (THC) seeks sealed Request for Proposals (RFP) to establish a contract for services from a qualified individual or firm to develop a cultural landscape and visual components plan for Caddo Mounds State Historic Site. Further specifications for these services are provided in Section 2.1.

1.1 CONTRACT TERM. The services requested shall be provided beginning August 1, 2023, or the last signature date, whichever is later, and ending January 31, 2024, or ten months from the last signature date, whichever is later. The contract term may be extended by the parties for three (3) months, only by written amendment.

1.2 COMPENSATION.

A. Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit C. Acceptance by THC of deliverables specified in the contract is a condition of payment.

B. Invoices. The Respondent shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Exhibit C. The Respondent may submit an invoice no more frequently than monthly and no later than ninety calendar days after completing deliverables specified in the contract. Each invoice shall show the contract number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

C. Withholding Payments. If payment is withheld, THC shall notify the Respondent and specify conditions that would allow the THC to release the payment. THC reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days;

(2) pending verification that work is satisfactory;

(3) if the Respondent becomes a delinquent obligor under Family Code, §231.006;

(4) if required work product is not received; or

(5) if the State Comptroller of Public Accounts will not issue a warrant to the Respondent.

D. Sub Providers and Suppliers List. The Respondent must provide THC with a list of all sub providers and suppliers that submitted quotes or proposals for subcontracts. This list shall include sub providers' and suppliers' names, addresses, and telephone numbers.

E. Funds Availability. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the THC General Terms and Conditions shall apply.

F. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the Respondent because of a debt owed to the State, the State shall apply all payments due the Respondent to the debt until the debt is paid in full.

1.3 DEFINITIONS. For purposes of this RFP, the following definitions apply;

a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed;

b) Addendum - A modification of the specifications issued by the THC and distributed to prospective Respondents prior to the opening of responses;

c) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions to the originally submitted Proposal;

d) Contract - The contract awarded as a result of this RFP and all exhibits thereto. This RFP, any Addendum issued in conjunction with this RFP, the successful Respondent's Proposal, any BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits;

e) Days – Calendar days unless otherwise stated;

f) Electronic State Business Daily (ESBD) - The Electronic State Business Daily, which is available on-line at http://www.txsmartbuy.com/sp

g) Gov't Code - Texas Government Code Title 2155

h) Proposal - The response submitted by a vendor to the THC as a result of this solicitation.

i) Respondent - Any person or vendor who submits a Proposal in response to this solicitation.

j) RFP - Request for Proposals, which is the type of solicitation of this document.

k) TAC - Texas Administrative Code, which is the publication for administrative rules.

l) HUB Subcontracting Plan - Historically Underutilized Business Subcontracting Plan – Required forms that must be completed and returned with response.

1.4 RFP PROTEST PROCEDURES. Pursuant to 13 TAC §11.13:

a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the commission from a delegated procurement. The following procedures are available for persons or firms not awarded the contract pursuant to authority delegated to the commission by the Comptroller of Public Accounts or by Texas Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.

b) Any actual bidder or offeror who is aggrieved in connection with the award of a contract may formally protest the award of the contract by submitting a protest to the executive director in accordance with the procedures in this section.

(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the bidder is notified that the award of a contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the contract unless the executive director makes a determination that the award of contract without delay is necessary to protect substantial interests of the state.

(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the contract to the extent allowed by law.

(5) A bid or a bid protest that is not submitted in a timely manner is not eligible for consideration under this section.

c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:

(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.

e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.

(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.

(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.

f) A decision by the executive director shall be the final administrative action.

g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.

SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include the requirements contained in this RFP. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow Respondents to offer alternatives to the manner in which the commodities/services are provided. The requested services and corresponding deliverables are detailed in the subsections below.

2.1.1 Background. Caddo Mounds State Historic Site, a Texas Historical Commission (THC) property, is the remains of a large village and ceremonial center built by the Caddo more than 1200 years ago overlooking the Neches River in what is today Cherokee County, Texas. The site also preserves and interprets a segment of the El Camino Real de los Tejas National Historic Trail, which is managed in partnership with the U.S. National Park Service.

Caddo Mounds State Historic Site supports the Texas Historical Commission’s mission “to protect and preserve the state’s historic and prehistoric resources for the use, education, enjoyment, and economic benefit of present and future generations.”

Caddo Mounds was one of many important centers of Caddo culture adjacent to the major rivers in Texas, Louisiana, Arkansas, and Oklahoma, with scattered yet affiliated agricultural settlements and villages dispersed throughout a wide geographic area wherever the natural resources were available.

By 1300 A.D. the Caddo had abandoned this village site, although they remained in eastern Texas through centuries of European exploration and colonization. In 1859, after many years of tension and conflict, the United States government forcibly relocated the Caddo people to present-day Oklahoma, the contemporary home of the Caddo Nation.

The THC is committed to preserving special places and sacred sites in the state of Texas. The THC Historic Sites Division is responsible for overseeing the agency ’s 36 historic properties located throughout the state.

Near Alto, Texas, in Cherokee County, Caddo Mounds is currently engaged in the creation of a new Visitor Center and planned Education Center. Construction of the Visitor Center is underway. The future Education and Activity Center will be a place in which to educate and inspire the public, engage visitors to reflect on the history and culture of the Caddo people, and consider the resiliency, creativity, and ingenuity reflected in the Caddo’s culture and heritage evident today.

The Caddo Mounds Education and Activity Center will serve as a space to partner with Caddo artists, storytellers, language revitalizationists, singers, drummers, land conservationists, and others in the teaching and preservation of Caddo cultural practices while integrating Caddo stories of resiliency, tenacity, and impact on contemporary society.

2.1.2 Project Objectives. The THC seeks proposals from Cultural Resource Management (CRM) firms to assess and develop planning and management tools for the future stewardship of the Caddo Mounds State Historic Site. The Caddo Mounds State Historic Site has a strong association with the Caddo Nation, traditional cultural artists, and the surrounding local community.

Site modifications have been planned and executed with careful attention to building a robust relationship with the people culturally connected to the site. We listened to the people whose connections to the site provide the basis of its significance, and to the landscape itself that conveys a sense of place. The meaning of this place is communicated through a variety of changes to the landscape during both the prehistoric and historic periods.

The contractor must accomplish the following tasks:

1. Identify and utilize a Caddo scholar as part of the contract team to become familiar with the history and current interpretation and use of the property.

2. Review existing conditions and features within the approximately 65 acres comprising the primary development zone of the site.

3. Review the THC’s existing development plans and goals for the property.

4. Develop a strategy for engaging key stakeholders, including members of the Caddo Nation and local community stakeholders, in immediate and ongoing planning efforts.

5. Facilitate community participation in developing and placing visual elements and components on the land that honors both the contemporary Caddo community and their ancestors who once lived there.

6. Produce a final report, with drawings and recommendations to guide the THC in their role as stewards of this important cultural site. At a minimum, the report should:

a. Address site history, existing conditions and landscape planning, site vision and messaging;

b. Provide recommendations and guidance for determining the placement of future structures and other objects and elements within the cultural landscape of the site;

c. Establish strategies for protecting the cultural landscape, including viewsheds;

d. Provide guidance for cultivating broader ongoing stakeholder engagement from diverse communities into the future.

2.2 REPORTING AND DELIVERABLES. Services are estimated to take place between August 1, 2023, and January 31, 2024. An initial meeting or conference call to agree on work schedule and approach must be scheduled to occur within (2) two weeks of last signature date of the contract. Services shall be performed under the coordination of THC’s Historic Sites Division.

Benchmarks shall be established based on the Respondent’s project information provided in their proposal, which must include a timeline/schedule of work that outlines how and when Respondent proposes to complete the project.

Upon commencement of the contract, a monthly written report of progress and evidence of work must be provided and delivered to the THC’s designated contact by email. These reports shall be a maximum of two (2) pages in length and provide a brief summary of the current activity driving outstanding milestones to completion; any changes to the initial milestones or adjusted target dates from that communicated in the original proposal; and discussion of any significant risk factor(s) jeopardizing the completion of target milestones completion dates.

The last deliverable is a final report that summarizes the activities carried out during this project and provides the plan to support the project’s objectives. Three hard copies of the final report will be produced as well as one digital copy submitted to the THC Historic Sites Division.

Any face-to-face meetings regarding the project management deemed necessary by Respondent and/or THC will take place at the THC headquarters in Austin, Texas.

2.3 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and the proposal shall include a letter from each proposed subcontractor, agreeing to work on the team.

2.4 HUB SUBCONTRACTING. In accordance with the Texas Government Code, Sections 2161.181-182 and Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC), the Texas Historical Commission shall make a good faith effort to utilize HUBs in contracts for construction services, professional and consulting services, and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the THC projected goals as follows:

•79.6 percent for heavy construction other than building contracts, •0.7 percent for all building construction, including general contractors and operative builders’ contracts, •16.8 percent for all special trade construction contracts, •47.1 percent for professional services contracts, •8.6 percent for all other services contracts, and •18.8 percent for commodities contracts.

This project falls under HUB goal for all other services contracts (8.6 percent). A Hub Sub Contacting Plan will be required for responsive proposals.

If you have any questions, please contact the THC Assistant HUB Coordinator Melissa Ramos at 512-463-7748, or by email at melissa.ramos@thc.texas.gov

2.5 PERFORMANCE TRACKING. Vendor performance reporting is required to be reported on purchases over $25,000.00 and will be reported on for the life of the Contact. THC will monitor the performance of the Contract issued under this RFP. All services under the Contract shall be performed at an acceptable quality level. All deliverables will be submitted in accordance with the timeline agreed upon at contract signing. Performance tracking methods may include, but are not limited to, meetings and documentation requirements deemed necessary by the agency to assess progress of the contractor toward meeting the identified goals and outcomes established in response to assessments of unsatisfactory performance in accordance with this procedure.

SECTION III

PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this RFP will proceed according to the following schedule:

EVENT DATE

Issue RFP/ESBD Posting Date June 13, 2023 Deadline for Submission of Questions June 20, 2023 Official Response to Questions Posted on the ESBD June 27, 2023 Deadline for Submission of Proposals/RFP July 6, 2023, 2:00 PM CT (Late responses will not be considered) RFP Evaluations July 10-13, 2023 Interviews with Top Candidates (if necessary) July 17, 2023 Expected Award of Contract July 24, 2023 Expected Contract Start Date August 1, 2023

3.2 REVISIONS TO SCHEDULE. THC reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The Respondent's failure to neither periodically check the ESBD will in no way release the Respondent from the requirements of "addenda or additional information" nor will any resulting additional costs to meet the requirements be allowed after the award(s).

3.3 PROPOSAL REQUIREMENTS. Listed below is a summary of all information to be included in a Proposal submitted in response to this RFP. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. If you are emailing your proposal, you are required to follow the below.

Respondents shall submit one (1) signed original of

1. Signature Page

2. Exhibit A - Executive of Offer

3. Exhibit B - Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer

4. Exhibit C - Price Schedule (see 3.4.3; Must be returned in a separate envelope)

5. Exhibit D - Certification Regarding Lobbying

6. Exhibit E - RFP Checklist

7. Attachment A- HUB Subcontracting Plan

8. Acknowledgement of Addenda (if applicable)

And three (3) copies of:

9. Respondent Information

Include the following information related to the responding business entity: formal name and all assumed names used by the business entity; structure of business entity (i.e., sole proprietorship, partnership, corporation, etc.); state in which business entity was formed or incorporated; physical address and mailing address; principal place of business; whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes; and name, title, address, telephone number, facsimile number, and e-mail address of Respondent's primary contact

10. Sub-contractor Acknowledgement.

If applicable, include a letter from any subcontractor proposed for the work in which the subcontractor agrees to work on the team. The letter should be on the subcontractor’s letterhead and explicitly acknowledge that the team member (1) agrees to the teaming arrangement, (2) is aware of and agrees to the specified rate structure, (3) is aware of and agrees to the terms of the proposed contract, and (4) is aware of and agrees that the team member has no conflict of interest. The letter must be included in the bid package, not mailed under separate cover.

11. Project Approach Narrative (see 3.4.1)

12. Experience and Qualifications (see 3.4.2)

13. References (see 3.4.2.1)

14. Evidence of Financial Responsibility and Stability.

The Respondent must provide evidence of financial responsibility and stability for performance of the requirements/services for which a proposal is submitted. In addition, the Respondent must disclose the source of any outside financial resources that will be utilized by the Respondent to enable it to perform any Contract awarded pursuant to the RFP. If requested by THC Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP. The documents may include but are not limited to the Respondent's most recent audited financial statement. THC reserves the right to require any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of the Respondent's financial soundness.

Note: The one (1) original submitted proposal must contain all submission items 1-14 and one (1) copies must only contain items 9-14 as shown above.

Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Additionally, respondent shall provide a formatted USB Flash Drive containing an original, complete copy of the respondent’s proposal to this RFP. The format shall be Adobe Acrobat version 9.0 or higher.

a) Costs: The THC will not reimburse the Respondent for any cost related to its Proposal preparation. The Respondent is responsible for any expense related to the preparation and submission of its Proposal.

b) Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.

However, subject to the Act, Respondents may protect trade and confidential information from public release. Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format this is accessible by the public at no additional charge to the state.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be boldface type at least 14-point font.

3.4 ELEMENTS OF THE PROPOSAL

3.4.1 Respondent’s approach to providing the required services (45%) Respondent will submit a detailed narrative and timeline describing the proposed approach for providing the required services. When preparing the Project Approach Narrative, Respondent must demonstrate a clear and concise understanding of the requested tasks and activities, along with an understanding of the discrete segments of the program, based on existing information. Discuss in detail the proposed approach to implement the requirements of the Scope of Work and meet the project’s objectives. Include details about any comparable project experience.

Respondent's ability to complete the project in a timely manner is critical to the success of this project. The initial meeting with THC lead staff must be scheduled within two (2) weeks of last signature date on the contract. Specific schedule will be finalized with and in consideration of recommendations of Respondent. The capability of the individual or team to commence and complete the project in a timely manner should be expressed.

This item will be evaluated with respect of an overall understanding of the project’s objectives, including services required, scheduling of work, strictly meeting deadlines, and interfacing with the THC’s project manager.

3.4.2 Experience, Qualifications, and References (50%)

Describe experience and qualifications of all personnel or team members who will be responsible for the management, development, and day-to-day operations of the services solicited in this RFP, including for any subcontractors bidder proposes to use. Elaborate on experience and qualifications that are relevant or unique to this project. The specific anticipated role(s) of key team members towards completing the required scope must be identified. Respondents must provide evidence of experience conducting metal detecting surveys.

3.4.2.1 References

Include a minimum of three (3) references from clients for whom cultural resources services were performed.

Include project description, contact names, position, and company name and telephone number for each reference listed. The Evaluation Committee, at their discretion, may follow up on references provided in material submitted for consideration. Negative responses or inability to contact listed references using contact information in the proposal will be considered non-responsive and may be grounds for disqualification. THC may conduct reference checks and vendor’s performance review on information located on the CPA website at http://www.txsmartbuy.com/vpts.

3.4.3 Price Schedule (5%)

The Respondent shall submit a price schedule in response to this RFP by utilizing the format provided in Exhibit C (Price Schedule). The Respondent shall include all expenses associated with performing the required services, traveling, administrative and related services. Exhibit C is intended to assist the Respondent in estimating all costs associated and that the total proposal price will cover those expenses.

It is the responsibility of the Respondent to pay for expenses incurred while traveling. Travel expenses can be estimated using the CPA’s Travel Reimbursement Rates located at:

https://fmx.cpa.state.tx.us/fm/travel/travelrates.php.

The Respondent shall provide a breakdown of elements for each of the following in order to provide a proposal price.

1) Classification of all employees and/or associates expected to perform the required services;

2) Hourly fee for employees and/or associates expected to perform the required services;

3) Estimated total working hours by employees and/or associates;

4) Estimated travel expenses to include cost for transportation, overnight lodging, and meals; and

5) Estimated expenses to include cost for administrative and related services.

Failure to submit a breakdown of elements for the proposal budget shall cause the Respondent to be disqualified.

The proposal price shall be firm for acceptance for ninety (90) days from the RFP closing date unless otherwise specified in the RFP.

https://fmx.cpa.state.tx.us/fm/travel/travelrates.php

All costs directly or indirectly associated to the preparation of a response to this RFP and/or any oral presentation requested to supplement a submittal shall be at the Respondent’s expense.

If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent's Proposal in response to this RFP and Respondent's proposed alternative must also be provided in the Proposal. Respondents cannot take a 'blanket exception' to this entire RFP. If any Respondent takes a 'blanket exception' to this entire RFP or does not provide proposed alternative language, the Respondent's Proposal may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

3.5 INQUIRIES.

a) Should any Respondent find discrepancies among the Proposal Document, or should Respondent be in doubt as to their exact meaning, Respondent should notify the THC at once. All inquiries shall be submitted in writing by the date listed in the 3.1 Schedule of Events. Verbal inquiries and responses will not be valid or binding.

a. For questions contact Abel Martinez at 512-463-5922 or abel.martinez@thc.texas.gov or Michael Gibbons at (512) 936-4198 or michael.gibbons@thc.texas.gov.

b) All inquiries will result in written responses as an addendum posted on the Electronic State Business Daily

(ESBD), available at http://www.txsmartbuy.com/sp. If a Respondent does not have internet access, a copy of all written responses may be obtained through the administrative point of contact listed above.

c) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualifications of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

3.6 PROPOSAL SUBMISSION.

a) All Proposals shall be received, and time stamped at THC in Austin, TX on the date/time specified in the Schedule of Events above (see 3.1). THC reserves the right to reject late submittals.

b) Proposals should be placed in a separate envelope or package and correctly identified with the RFP number and submittal deadline/RFP opening date and time. It is Respondent's responsibility to appropriately mark and deliver the Proposal to THC by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

c) Telephone and facsimile Proposals will not be accepted.

d) Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal.

e) Emailed proposals must be received by the submittal deadline (not by when the respondent sent the email).

THC will use the “received email” (showing the time and date) as the time stamped, when the email was received at THC in Austin.

3.7 DELIVERY OF PROPOSALS. Proposals shall be submitted to THC by one of the methods specified on page

4.

3.8 PROPOSAL OPENING. Proposals will be opened at the Texas Historical Commission, 1700 N Congress Ave, B-65, Austin, TX 78701.

a) The THC reserves the right to reject any or all proposals and to waive any or all informalities in connection therewith. All submitted Proposals become the property of THC after the RFP submittal deadline/opening date. The submitted Proposals and accompanying documentation will not be returned.

mailto:abel.martinez@thc.texas.gov mailto:michael.gibbons@thc.texas.gov

b) Proposals submitted shall constitute an offer for a period of ninety (90) days or until selection is made by THC, whichever occurs earlier.

3.9 SCORING CRITERIA. Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in this Section. Incomplete responses may be considered non-responsive and subject to rejection. The evaluation committee will determine the best value by applying the following criteria and assigned weighted values:

Criteria Weight

A). Respondent’s approach to providing the required services 45% B). Respondent’s experience, qualifications, and references that are relevant to this project 50% C.) Price Schedule 5%

3.10 PROPOSAL EVALUATION AND AWARD.

a) THC shall award a contract to a Respondent(s) whose Proposal is considered to provide the best value to the State of Texas, as defined by Tex. Government Code, Section 2155.074.

b) THC reserves the right to award contract(s) to one or more Respondents. THC will make its award, depending on what best serves the needs of the project.

c) A committee will be established to evaluate the Proposals. The committee will include employees of THC and other persons invited by THC to participate.

d) THC reserves the right to award contract without any negotiations and reserves the right to not make awards.

e) The evaluation committee will determine best value by applying the following criteria and assigned weighted values:

In determining the best value THC shall consider the following best value factors:

1) Price of the item, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions.

2) Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds Customer expectations, and the characteristics of the product or services that bear on its ability to meet the stated/implied needs.

3) Delivery time frame from receipt of purchase order.

4) Indicators of probable performance under the Contract include past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support.

5) Other relevant factors, such as the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

f) The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. THC may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of THC and will be extended in writing.

g) Proposal evaluation will be based on three sets of criteria: Respondent’s approach to providing the required services, Respondent’s experience and qualifications that are relevant to this project, and price schedule. Each of the criteria will be scored separately. THC will make its award, depending on what best serves the needs of the project.

h) Points may be deducted based upon internal evaluations or other evidence of unsatisfactory past performance on THC contracts of the proposer or the proposer’s team. The Respondent(s) deemed to be the best value will be awarded a contract.

3.11 COST TO THE STATE. Cost to the State of the overall score and will be scored based on the proposer’s price schedule (Exhibit C). Price will be scored from lowest to highest with the lowest price receiving the maximum score.

3.12 TIE BREAKERS. The following preferences are used in breaking tie proposals in accordance with current statutes: Gov’t Code §2155.444, 2155.441, 2156.010.

3.13 PAST PERFORMANCE. A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of §2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov’t Code.

Respondents may fail this selection criteria for any of the following conditions:

3.12.1 A score of less than 90% in the Vendor Performance System,

3.12.2 Currently under a Corrective Action Plan through the CPA,

3.12.3 Having repeated negative Vendor Performance Reports for the same reason,

3.12.4 Having purchase orders that have been cancelled in the previous 12 months for non-performance

(i.e., late delivery, etc.).

Contractor performance information is located on the CPA web site at:

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ THC may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), THC may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

Any such investigations shall be at the sole discretion of THC, and any negative findings, as determined by THC, may result in non-award to the Respondent.

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

SECTION IV

SAMPLE CONTRACT

GENERAL TERMS AND CONDITIONS

Any terms and conditions attached to a response will not be considered unless specifically referred to in this solicitation and may result in disqualification. Any Contract awarded as a result of this RFP will contain the general terms and conditions provided in this Section. Subcontractors are also obliged to comply with these provisions.

CONTRACT TO PERFORM

BETWEEN

TEXAS HISTORICAL COMMISSION AND

Contract No. 808-23-231056

I. Recitals

THIS AGREEMENT, made this day of 20xx by and between the STATE OF TEXAS, acting through the TEXAS HISTORICAL COMMISSION located at 1700 North Congress B- 65, Austin, Texas 78701, hereinafter called the OWNER and or “THC”, and [Contractor Name] located [Contractor’s Address], hereinafter called the CONTRACTOR.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter described, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete certain public works described as: [Project title], for the use and benefit of the OWNER as described in the Proposal Documents prepared by TEXAS HISTORICAL COMMISSION. All terms and conditions of the Request for Proposals and Contract Documents, including Specifications, Scope of Work, and Uniform General are hereby incorporated by reference into this Contract.

The CONTRACTOR further agrees to comply with applicable statutes governing construction contracts including the provisions of V.T.C.A., Texas Government Code, Title 10, Subtitle F, Chapter 2253 requiring Payment Bonds and Performance Bonds; and to comply with all of the Terms and Conditions of this contract.

II. Authority

This Contract is entered into pursuant to Gov’t Code, Title 4, Subtitle D, §442. 005.

III. Services, Standards of Performance and Contract Administration

Attachments. The following documents constitute the Standards of Performance for this Contract. All the following are attached to and incorporated as part of this Contract for all purposes (“Incorporated Documents”):

1. THC’s Request for Proposal and Addenda (Attachment A)

2. Contractor’s submitted Proposal (Attachment B)

3. Contractor’s Best and Final Offer (Attachment C)

Order of Precedence. In the event that there are any conflicts or inconsistencies between this Contract and the Incorporated Documents, such conflicts or inconsistencies shall be resolved in the following order of precedence:

1. This Contract;

2. the Terms and Conditions included in Attachment A to this Contract;

3. the Special Conditions included in Attachment A to this Contract;

4. the Supplementary Conditions included in Attachment A to this Contract;

5. the Uniform General Conditions included in Attachment A to this Contract;

6. all remaining portions of THC’s Request for Proposal included in Attachment A to this Contract;

7. Contractor’s Best and Final Offer (Attachment C);

8. Contractor’s submitted Proposal, Attachment B to this Contract.

Capitalized terms used herein and not otherwise defined shall have the same meaning as in the applicable Incorporated Document.

Contract Administration. Contractor represents and warrants that it has the requisite qualifications, experience, personnel, and other resources to perform in the manner required by this Contract. Owner shall designate a Project Manager for this Contract. The Project Manager will serve as the point of contact between the Owner and Contractor.

Owner’s Project Manager shall supervise Owner’s review of Contractor’s technical work, deliverables, draft reports, the final report, payment requests, schedules, financial budget administration and similar matters.

The Project Manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way or waive strict performance of the terms or conditions of the Contract.

IV. State Funding

The Parties acknowledge and agree that nothing in this agreement will be interpreted to create a future obligation or liability in excess of the funds currently appropriated to the agency by the Legislature of the State of Texas. In the event appropriated funds are not available to continue payments for work under this contract, the Owner shall notify the Contractor as soon as reasonably possible, and Owner may terminate the contract at that time or such other date as loss of appropriated funds may require.

To the extent funds are available the Contractor shall be paid for work that meets the performance standards of this Contract and is completed prior to the date of notice of termination. The Owner shall not be liable for any damages or any other amounts which are caused by or associated with such termination.

V. Contract Amount and Payments

5.1. Contract Limit – Fees and Expenses.

(a) Prior to authorizing payment to CONTRACTOR, THC shall evaluate CONTRACTOR's performance using performance standards set forth in all documents constituting this Contract.

CONTRACTOR shall provide invoices to THC for Commodities/Services provided/performed.

No payment whatsoever shall be made under this Contract without the prior submission of detailed, correct invoices. Subject to the foregoing, THC must make all payments in accordance with the Texas Prompt Payment Act, Tex. Government Code, Chapter 2251. Payments under this Contract are subject to the availability of appropriated funds. CONTRACTOR acknowledges and agrees that payments for services provided under this Contract are contingent upon THC's receipt of funds appropriated by the Texas Legislature.

(b) The total amount of this contract shall not exceed ___________________ DOLLARS and No/100 Dollars ($x.xx) payable in accordance with the breakdown in Attachment C attached hereto and incorporated herein for all purposes.

(c) Changes in the scope of services affecting the cost of services provided for in this Contract may only accomplished by amendment to this Contract. No compensation will be allowed for work performed without such amendment.

5.2. Payments to CONTRACTOR. CONTRACTOR shall submit itemized monthly or by milestone invoices for all services completed, delivered to, and accepted by THC, per the Contract requirements.

Provide contract number on all invoices. Submit all invoices to invoices@thc.texas.gov.

VI. Term and Termination This Contract shall become effective immediately upon being signed by all parties and shall have a one-year base term with four one-year renewal options and a 180-day extension option.

The Contract may be extended on by Change Order signed by both parties. Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit, right to independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract.

Termination for Convenience

THC reserves the right, in its sole discretion, to terminate the Contract, in whole or part, provided fourteen

(14) calendar days written notice has been given by the THC to Contractor. Such notice may be provided by facsimile or certified mail return receipt requested and is effective upon Contractor's receipt. In the event of such termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon receipt of the notice of termination. THC shall be liable only for payments for goods or services provided by the Contractor prior to the Contractor’s receipt of the notice of termination.

Termination for Cause/Default

If the Contractor fails to provide the goods or services contracted for according to the provisions of the Contract or fails to comply with any terms or conditions of the Contract, THC may, upon written notice of default to the Contractor, terminate all or any part of the Contract. Termination is not an exclusive remedy but will be in addition to any other rights and remedies as provided in equity, by law or under the Contract.

THC may exercise any other right, remedy, or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract.