ESBD_File_333634_582-23-40302A -Solicitation - Final.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Date: June 23, 2023

Type of Solicitation: Request for Proposal

Name of Solicitation: Landfill Gas Analyzer Calibration and Inspection

Solicitation Number: 582-23-40302

Class 992 Item 77

Pre-Proposal Conference:

None

Deadline for Submission of Questions

July 3, 2023, at 2:00PM (Central Time)

Responses Due

July 26, 2023, at 2:00PM (Central Time)

Description:

The TCEQ’s Office of Compliance and Enforcement has a need for inspection and calibration services for GEMTM 2000, GEMTM 5000, and GEMTM 5000 Plus devices for the collection of air samples during environmental assessments and investigations. The Contract will commence on September 1, 2023, or the date of last signature, whichever is later, and continue through August 31, 2024, with 4 one-year renewal options as provisions set forth in the Special Terms and Conditions.

PURCHASING AUTHORITY:

Scientific & Technical Environmental Services (RFP) Texas Water Code Section 5.2291, Gov’t Code Section 2254.003

Texas Commission on Environmental Quality

Page 1 of 62 Request for Proposals: 582-23-40302 Landfill Gas Analyzer Calibration and Inspection

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YOwens Sticky Note Accepted set by YOwens

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YOwens Sticky Note None set by YOwens

Solicitation Table of Contents

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This Solicitation

• Responder General Instructions

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work o Attachment A - Specifications for Calibration of Landtec GEMTM 2000

Landfill Gas Analyzers o Attachment B - Specifications for Calibration of Landtec GEMTM 5000

Landfill Gas Analyzers o Attachment C - Specifications for Calibration of Landtec GEMTM 5000

Plus Landfill Gas Analyzers

• Evaluation Criteria o Executive Summary and Company Organization o Demonstrated Ability to Perform the Contract o Commitment of Qualified Personnel o Technical Approach and Capabilities o Cost to Perform Service

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Special Terms and Conditions

• General Terms and Conditions

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachment D: Release of Claims

SECTION 4: Response Documents – To be submitted with Response

• Responder’s Signature and Information

• Response Contents/Checklist

• TIN Form

• Executive Summary and Company Organization

• Demonstrated Ability to Perform Contract

• Commitment of Qualified Personnel

• Technical Approach and Capabilities

• Cost to Perform Service

• Preferences

• HUB Subcontracting Plan Forms

• Certifications

Texas Commission on Environmental Quality

Page 2 of 62 Request for Proposals: 582-23-40302 Landfill Gas Analyzer Calibration and Inspection

TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Name: Yvette Owens Telephone: 512-239-5715 Email: Yvette.Owens@tceq.texas.gov

Proposals for the Solicitation will only be accepted via email. One signed Adobe portable document format (PDF) searchable file must be submitted as an email attachment to the following address:

Procurements&Contracts@tceq.texas.gov.

See the Submission of Responses Section for submitting large files.

TCEQ Historically Underutilized Business (HUB)

Coordinator: Claribel Diaz

Email: Claribel.Diaz@tceq.texas.gov

Assistant Coordinator: Wendy Cole

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 HSP forms and additional information about the HUB program are found at: State of Texas HUB Subcontracting Plan (https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

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Texas Commission on Environmental Quality

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Responder General Instructions

Pre-Proposal Conference

None

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page to the TCEQ Procurements and Contracts Representative by e-mail only. The email address to use for submitting questions is Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email:

Solicitation Name, Solicitation Number, and the Due Date for Responses.

TCEQ has sole discretion as to whether to respond to questions. For questions to which it chooses to respond, TCEQ will provide answers to questions in an Addendum posted on the ESBD within ten to fourteen (10-

14) days prior to the Due Date for Responses. TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

Any changes to the Solicitation, deadline dates, and all responses to questions will be posted as addenda on the 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 ensure review all the addenda.

Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the deduction of points in the evaluation or disqualification of the Response.

Cost of Preparing the Response

The Responder is responsible for all costs incurred in the preparation and submission of a Response.

Quantity and Nature of the Work

Responders are required to inform themselves of all conditions which 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.

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

The Table of Contents indicates whether an HSP is required. Even if an HSP is not indicated, any Response submitted with costs of $100,000 or more over the life of the contract (including any possible renewals) must include a completed HSP. Failure to submit a HUB Subcontracting Plan, if required for the Solicitation, will result in rejection of the Response.

Texas Commission on Environmental Quality

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Responders are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinator or Assistant HUB Coordinator. Contact information is listed on Page 3 of this Solicitation.

TCEQ will respond to timely and relevant inquiries. The HSP must demonstrate 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, prior approval must be obtained from TCEQ.

If, after the Contract award, the Contractor determines a need to sub-contract for any services, materials, and/or supplies not listed on its HSP, the Contractor must contact TCEQ for prior approval and request a review of its HUB Sub-Contracting Plan, in accordance with the good faith effort requirements found in 34 Texas Administrative Code §20.14. The Contractor may not utilize a sub-contractor not listed on its approved HUB Sub- Contracting Plan.

Preparation of Responses

Responses become TCEQ records and cannot be returned. Responses are to be in the format of one (1) electronic searchable PDF document of the entire proposal and shall not be password protected. In order for the proposal to be deemed responsive, the electronic version must contain the entire proposal, including proposals for specific areas of work within the scope of work for which the respondent is proposing to contract. Additionally, the electronic version must contain a scanned copy of a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

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

• Include a list of specific areas of work within the scope of work the respondent is submitting proposals for. A submission does not need to include all areas of work in the scope of work.

• Complete the applicable forms in this Solicitation.

• Create any other applicable documents.

• Insert all the applicable documents behind the specified tabbed sections.

If there is no information to include behind a tab, include a sheet behind the tab stating “Not Applicable.”

• Sign the Response on the Responder’s Signature and Information page.

Create a PDF of the signed form and place behind TAB 1. Responses not containing a PDF of a signed Responder's Signature and Information Page may not be considered.

• Create a PDF of the entire Response for email submission to the TCEQ

Texas Commission on Environmental Quality

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Submission of Responses

• Due to size limitations on TCEQ’s emails, Responses that exceed 32 megabytes must be divided into multiple files and submitted over multiple emails. Include on the subject line the total number of being sent. For example, 1 of 2, then 2 of 2., etc.

• TCEQ will not accept proposals submitted via drop box links or File Transfer Protocol (FTP).

• Submit the Response by the due date on the Cover Page to the following email address: Procurements&Contracts@tceq.texas.gov. Do not submit Responses by any other method.

If the Response preparation or submission requirements are not met, the Response may be considered non-responsive and disqualified. TCEQ is not responsible for documents that cannot be read. Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

Responses cannot be altered, amended, or withdrawn after the Due Date and Time.

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. Except under extreme circumstances beyond the control of the Responder, late responses will not be considered. TCEQ will not be responsible for failure of email services.

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, waive formalities and/or minor technicalities, and award by item or groups of items, 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.

Evaluation

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. To determine the most advantageous Response, in addition to price, TCEQ may consider other relevant criteria, which are described more fully in Section 2, Evaluation Criteria. TCEQ may use information regarding the Responder’s performance on past TCEQ contracts in the evaluation of qualifications. In addition, TCEQ will use the information contained in the Texas Comptroller of Public Account’s vendor performance tracking system in the evaluation of qualifications.

Texas Commission on Environmental Quality

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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:

• Accept the highest scoring Response without changes.

• Request clarifications, assurances and corrections.

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

• Change the selection criteria and apply it to BAFOs.

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

• 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.

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

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

Certification of Interested Parties

In 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that a state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the state agency at the time the business entity submits the signed contract to the state agency.

The Texas Ethics Commission has provided a list of Frequently Asked Questions and the certification form on their web site at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for your review.

Selected vendor(s) for a contract that meet the requirements for Certification of Interested Parties will be given instructions at the time of award on how to obtain this certification form.

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.

Texas Commission on Environmental Quality

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Public Information

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

• That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA);

• That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TCEQ may in its sole discretions deem a Response as non-compliant; and

• 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 LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

Conflict of Interest

Responder shall disclose apparent, potential or actual conflicts of interest known with the Response in Tab 9. 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.

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SECTION 2:

Scope of Work and Evaluation Criteria

Texas Commission on Environmental Quality

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SCOPE OF WORK

I. Fact and Purpose

The Texas Commission on Environmental Quality (TCEQ) Office of Compliance and Enforcement (OCE) and the sixteen (16) Regional Offices of OCE operate Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers as part of TCEQ’s ongoing mission. The Program Support & Environmental Assistance Division of TCEQ has identified a need for annual inspection and calibration of the Agency’s Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers (Gas Analyzers) to maintain their accuracy and functionality. Gas Analyzers inspected and calibrated by the Performing Party must be in accordance to ISO/IEC 17035 standards using QED Environmental System Protocols that use traceable equipment that meet or exceed QED Environmental System calibration specifications. Performing Party will also inspect the conditions of the Gas Analyzers to identify necessary repairs and/or recommend preventative maintenance.

II. TCEQ Responsibilities

A. TCEQ will pay Shipping/handling cost to ship Gas Analyzers to the Performing Party for calibrations, inspection and repair.

B. TCEQ will reimburse Performing Party’s shipping/handling insurance cost if TCEQ instructs Performing Party to ship Gas Analyzers anywhere other than TCEQ Headquarters or a Regional Office within the State of Texas.

C. TCEQ will notify Performing Party of any known issues with a Gas Analyzer prior to shipping it to the Performing Party.

III. Performing Party Responsibilities

A. Analyzer inspections and calibration procedures must be in accordance with Attachments A, B, and C, Specifications, which include, but are not limited to, the following:

1. A visual inspection of the system

2. Calibration of all system parameters

3. Perform oxygen (O2) cell programming (as needed)

4. Install firmware updates (as needed)

5. Replacement of sensors, transducers, pump, keypad, lens, tubing, USB cable, battery, and shipping box (as needed)

6. Provide water trap kit

7. Diagnose and recommend any repairs that are needed in writing prior to servicing the instrument

Texas Commission on Environmental Quality

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YOwens Sticky Note Completed set by YOwens

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YOwens Sticky Note None set by YOwens

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8. Complete any necessary repairs using original manufacturer approved parts (after approval from TCEQ)

9. Provide a unique, dated, and signed Certificate of Calibration for each instrument calibrated

10. Provide return freight to the TCEQ Regional offices

B. Annual inspection and calibration of Landtec GEMTM 2000 Landfill Gas Analyzers

C. Annual inspection and calibration of Landtec GEMTM 5000 Landfill Gas Analyzers

D. Annual Inspection and calibration of Landtec GEMTM 5000 Plus Landfill Gas Analyzers

E. Performing Party will complete Gas Analyzer inspections and calibrations for all models within 21 calendar days (not including return shipping time).

F. If Performing Party identifies an issue with a Gas Analyzer requiring a repair during inspection and calibration, Performing Party will immediately cease work on the Gas Analyzer, notify TCEQ in writing of the issues encountered, and wait for further instructions from

TCEQ.

1. TCEQ may request that Performing Party

a. Repair the Gas Analyzer;

b. Return the Gas Analyzer to the applicable Regional office; or

c. Ship the Gas Analyzer to another location designated by TCEQ.

2. Repairs made by Performing Party will be charged at the labor rate listed on the Price form.

3. Parts will be charged in accordance with Special Terms and Conditions, Section 8.

4. Performing Party may charge the inspection fee listed on the Price Form for Gas Analyzers that cannot be calibrated or repaired.

G. Performing Party must inspect and calibrate Gas Analyzers according to ISO/IEC 17025 standards by using QED Environmental System protocols.

H. Performing Party must use traceable equipment that meet or exceed QED Environmental System calibration specification to inspect, repair, or calibrate GEMTM 2000, GEMTM 5000, and GEMTM 5000 Plus Landfill Gas Analyzers.

IV. Specifications and Performance Standards:

Specifications and performance standards contained in this Contract shall be cumulative. In cases of conflicting specifications and/or performance

Texas Commission on Environmental Quality

Page 11 of 62 Request for Proposals: 582-23-40302 standard conflicts with another specification or performance standard, the more stringent specification or performance standard shall apply unless TCEQ determines otherwise.

V. Billing

A. The Performing Party will submit monthly written, itemized invoices for work performed under this Contract to TCEQ within fifteen (15) business days after the last day of the month during which the work was performed.

B. Each invoice will include:

1. Contract Identification Number

2. Complete Description of work performed

3. Identification of camera serial number

4. Unit prices per item

5. Total cost per item

6. Total cost

VI. Shipping

A. Performing Party is responsible for return shipping to any TCEQ

Regional Office or TCEQ Headquarters within the State of Texas.

Shipping costs must be incorporated into the overall cost of Analyzer calibration and inspection and cannot be invoiced as a separate line item.

B. Performing Party will notify TCEQ via email prior to return shipping any Gas Analyzer and will provide TCEQ with all shipment tracking information available.

C. TCEQ Regional offices and TCEQ headquarters are located at the following addresses:

TCEQ Headquarters 12100 Park 35 Circle, MC174 Austin, TX 78753

Region 1 – Amarillo 3918 Canyon Drive Amarillo, TX 79109-4933

Region 2 – Lubbock 5012 50th Street, Ste. 100 Lubbock, TX 79414-3426

Region 3 – Abilene 1977 Industrial Blvd.

Abilene, TX 79602-7833

Texas Commission on Environmental Quality

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Region 4 – Dallas/Fort Worth 2309 Gravel Dr.

Fort Worth, TX 76118-6951

Region 5 – Tyler 2916 Teague Dr.

Tyler, TX 75701-3734

Region 6 – El Paso 401 E. Franklin Ave., Ste 560 El Paso, TX 79901-1212

Region 7 – Midland 10 Desta Dr., Ste. 350E Midland, TX 79705

Region 8 – San Angelo 622 S. Oakes, Ste. K San Angelo, TX 76903-7035

Region 9 – Waco 6801 Sanger Ave., Ste. 2500 Waco, TX 76710-7826

Region 10 – Beaumont 3870 Eastex Fwy.

Beaumont, TX 77703-1830

Region 11 – Austin 12100 Park 35 Circle, MC R11 Austin, TX 78753

Region 12 – Houston 5425 Polk St., Ste. H Houston, TX 77023-1452

Region 13 – San Antonio 14250 Judson Rd.

San Antonio, TX 78233-4480

Region 14 – Corpus Christi 500 North Shoreline Blvd, Ste 500 Corpus Christi, TX 78401-0318

Region 15 – Harlingen 1804 W. Jefferson Ave.

Harlingen, TX 78550-5247

Region 16 – Laredo 707 E. Calton Rd., Ste 304 Laredo, TX 78041-3887

Texas Commission on Environmental Quality

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Attachment A

Specifications for Calibration of Landtec GEMTM 2000 Landfill Gas Analyzers

MINIMUM SPECIFICAITONS

Perform annual factory calibration and preventative maintenance on Landtec GEM 2000 Portable Gas Analyzers against QED Environmental Systems equipment or equivalent. This calibration and assessment process shall include the following:

• Instrument Inspection

• Instrument Calibration

• O2 cell programming (as needed)

• Firmware Updates (as needed)

• Replacement of sensors, transducers, pump, keypad, lens, tubing, USB cable, battery, and shipping box (as needed)

• Water trap kit

• Return freight

1. All equipment must be calibrated according to QED Environmental Systems protocols using traceable equipment that meets QED Environmental Systems calibration specifications.

2. A unique and signed Statement of Calibration must accompany each newly calibrated Landtec GEM 2000 instrument.

3. If during the inspection of the instrument a mechanical problem is discovered that would affect its ability to pass the calibration process, a written quotation will be provided to the customer prior to servicing the instrument.

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Attachment B

Specifications for Calibration of Landtec GEMTM 5000 Landfill Gas Analyzers

MINIMUM SPECIFICAITONS

Perform annual factory calibration and preventative maintenance on Landtec GEM 5000 Portable Gas Analyzers against QED Environmental Systems equipment or equivalent. This calibration and assessment process shall include the following:

• Instrument Inspection

• Instrument Calibration

• O2 cell programming (as needed)

• Firmware Updates (as needed)

• Replacement of sensors, transducers, pump, keypad, lens, tubing, USB cable, battery, and shipping box (as needed)

• Water trap kit

• Return freight

1. All equipment must be calibrated according to QED Environmental Systems protocols using traceable equipment that meets QED Environmental Systems calibration specifications.

2. A unique and signed Statement of Calibration must accompany each newly calibrated Landtec GEM 5000 instrument.

3. If during the inspection of the instrument a mechanical problem is discovered that would affect its ability to pass the calibration process, a written quotation will be provided to the customer prior to servicing the instrument.

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Attachment C

Specifications for Calibration of Landtec GEMTM 5000 Plus Landfill Gas Analyzers

MINIMUM SPECIFICAITONS

Perform annual factory calibration and preventative maintenance on Landtec GEM 5000 Plus Portable Gas Analyzers against LandTech/QED Environmental Systems equipment or equivalent. This calibration and assessment process shall include the following:

1. Instrument Inspection

2. Instrument Calibration:

• Methane: 0-100% (volume)

• Carbon Dioxide: 0-100% (volume)

• Oxygen: 0-25% (volume)

• Carbon Monoxide: 0-2000 parts per million

• Hydrogen Sulfide: 0-1000 parts per million

• Atmospheric pressure, differential pressure and calculates gas flow

3. Oxygen cell programming (as needed)

4. Firmware Updates (as needed)

5. Replacement of sensors, transducers, pump, keypad, lens, tubing, USB cable, battery, shipping box (as needed)

6. Return freight

7. All equipment must be calibrated according to manufacturer’s protocols using traceable equipment that meets manufacturer’s calibration specifications.

8. A unique and signed Statement of Calibration must accompany each newly calibrated Landtec GEM 5000 Plus instrument.

9. If during the inspection of the instrument a mechanical problem is discovered that would affect its ability to pass the calibration process, a written quotation will be provided to the customer prior to servicing the instrument.

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EVALUATION CRITERIA

Selection of the successful response will be based on technical qualifications that include the knowledge and experience to perform the tasks listed in the Scope of Work in a quality and timely manner with a consideration of the cost of service. Responses will be evaluated based on the following criteria. Any response that does not include the documentation and examples necessary to evaluate a criterion will not receive any credit for that item.

The State reserves the right to accept or reject all or any part of the bid, waive minor technicalities, and award the bid to best serve the interest of the State.

The overall low bid may not necessary be selected. The qualifications of the company and its proof of ability to properly comply with the Scope of Work will be influential in the award of the contract.

A total of 150 points will be considered on the following items:

1. Executive Summary and Company Organization - 10 points (Maximum of 20 pages) The Executive Summary is to provide the TCEQ with a broad understanding of the Response and to provide the Responder an opportunity to describe any unique features of the Response. This section shall also include the company’s organization, including at a minimum: type of business organization (e.g. corporation, partnership, sole proprietorship, etc.), date established, state of incorporation (if applicable), location of company headquarters and/or relevant branch offices, equipment and other resources deemed necessary to fulfill the requirements of the scope of work.

2. Demonstrated Ability to Perform the Contract - 25 points As evidence of their demonstrated ability to perform the contract, the Responder must provide a description of its experience with performing inspections, and calibrations of Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers. Project descriptions must include: the dates of service, scope of calibration/maintenance services, the name, address, and telephone number of the client, and the contact person who can answer questions about the project. Comments from these references may be used, as appropriate, in the evaluation of this criterion. Responder should identify a minimum of one (1) calibrations contract/agreement for Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 plus Landfill Analyzers done within the last two years.

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 have points deducted or be considered ineligible for award.

Texas Commission on Environmental Quality

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3. Commitment of Qualified Personnel - 25 points The level of commitment of qualified personnel assigned to this project, including project managers and technical staff will be rated based on staff experience particularly in previous projects like this one. Previous experience performing inspections and calibrations of Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers following standard operating procedures (SOPs) and/or inspections and service instructions should be included. Responder shall also provide a general explanation and/or organizational chart which specifies project leadership within the company. The Responder must include resumes of personnel that will be assigned to the project and a contingency plan for personnel changes or scheduling conflicts involving TCEQ asset calibrations.

4. Technical Approach and Capabilities - 50 points The Responder should describe the technical approach that will be used in providing the deliverables specified in the Scope of Work. The information on the technical approach should include, but not necessarily limited to the following: processes and procedures that will ensure the production of valid data of known quality, as well as designation of the facilities and the laboratory’s capacities to perform this contract. This shall include laboratory qualifications and certifications. The response should include information and example deliverables specific to calibrating and servicing Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers.

The calibration and servicing should include but are not limited to the Return Merchandise Authorization (RMA) details/output/documentation, calibration labels, Statements of Calibrations, and expected laboratory calibration turn-around times from asset receipt to return shipping. The ability to repair the Landtec GEMTM 2000, Landtec GEMTM 5000 and Landtec GEMTM 5000 Plus Landfill Gas Analyzers with original manufacturer replacement parts shall also be considered.

5. Cost to Perform Service – 40 points Responder must complete price information in the space provided on the Price Form. Responder must enter “N/A” for service they are unable to perform or subcontract. The number of points to be assigned for this item will be calculated using the following formula:

Price Score = [1-( (Responder’s price - lowest bid price) )] x 35 (highest bid price)

*Price is worth 35 points out of 40 points for cost to Perform Service.

Markup Score = [1-( (Responder’s markup - lowest markup) )] x 5 (highest markup)

*Markup % is worth 5 points out of 40 points for Cost to Perform Service.

Texas Commission on Environmental Quality

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• FIXED PRICE DETERMINATION

The pricing for the Work to be completed in this request for proposal will be based upon a fixed and fully-loaded price described in the Price Form. Pricing in the Price Form MUST be based on completion of all work described in the scope of work including but not limited to the following: 1) all work, labor, material, and/or equipment necessary to complete the scope work and 2) labor for invoice preparation and corrections, project initiation, and time spent communicating with TCEQ staff members about such issues with the Work, preparation and corrections to reports and other administration costs which shall be included in the fixed price. All prices shall be considered as fixed and fully-loaded rates, that is, the rates include an accounting of all expenses. No other prices may be charged to TCEQ or paid by TCEQ. TCEQ may authorize reimbursement of specifically described necessary costs for items or repairs not on the Price Form if the authorization is made in writing prior to the Contractor incurring the cost.

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SECTION 3:

Draft Contract Documents

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CONTRACT SIGNATURE PAGE

TCEQ Contract 582-23-40302: Landfill Gas Analyzer Calibration and Inspection

The Maximum TCEQ Obligation is $_______.

The Effective Date is the later of the date of the latest signature below or

_<<DATE>>>______.

The Expiration Date is <<Date>>.

This Contract is funded with federal funds.

CFDA Number:

Federal Grant Number:

Parties to the Contract

Texas Commission on

Environmental Quality

(TCEQ) (Contractor Name)

By (Authorized Signature)

Sample Contract Signature Page

– Do Not Sign

Printed Name

Title

Date of Signature

Vendor ID Number

Procurement and

Contracts

Representative

(Authorized Signature)

Printed Name

Public Purchasing

Certification

Date

Texas Commission on Environmental Quality

Page 21 of 62 Request for Proposals: 582-23-40302

CONTRACT DOCUMENTS LIST

The entire Contract between TCEQ and Contractor consists of the Contract Documents listed on this page.

• Contract Signature Page

• Contract Documents List

• Scope of Work o Attachment A: Specifications for Calibration of Landtec GEM 2000 Portable Gas Analyzers o Attachment B: Specifications for Calibration of Landtec GEM 5000 Portable Gas Analyzers o Attachment C: Specifications for Calibration of Landtec GEM 5000 Plus Portable Gas Analyzers

• List of Key Personnel

• Approved Price Form

• Special Terms and Conditions

• General Terms and Conditions

• HUB Subcontracting Plan and HUB Progress Assessment Forms (incorporated by reference)

• Insurance Section

• Insurance Certificate Submitted by Contractor (incorporated by reference when completed)

• Notices, Project Representatives, and Records Location

• Attachment D: Sample Release of Claims Form to be returned with final invoice

• Solicitation (incorporated by reference)

• Contractor’s Response to Solicitation (incorporated by reference)

Texas Commission on Environmental Quality

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SPECIAL TERMS AND CONDITIONS

These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence, as set forth in the Order of Precedence provision in the General Terms and Conditions.

1. The Term of the Contract will commence on September 1, 2023, or the date of last Contract Signature, whichever is later, and continue through August 31, 2024. This Contract may be renewed for four one-year periods upon mutual written agreement between both Parties. The same Contract requirements apply to a renewal period and any extension as apply to the Contract period.

2. Pricing must be firm for the term of the Contract.

3. TCEQ reserves the option to add or subtract like items or services to this Contract at the same price rates, as set forth in the Price Form, during the period of the Contract including any renewals or extensions. Line item quantities listed are the TCEQ’s best estimate and actual quantities will be in accordance with requirements during the Contract period and any exercised renewals or extensions.

4. TCEQ, by unilateral amendment, may extend the Contract for up to 180 days beyond any expiration of the Contract Period.

5. Equipment return shipping costs must be included in overall cost of services and will not be reimbursed as a separate line item. Shipping must be FOB destination.

6. Upon receipt of Equipment from TCEQ, Performing Party will record existing issues and damage. Performing Party will be liable for the full loss or any damage done to TCEQ Equipment while in the possession or under the care, custody or control of the Performing Party. For the purposes of this agreement, “full loss” means the replacement or repair costs of the lost or damaged property or any part thereof. Repairs to Equipment will be performed by a qualified service provider at the direction of TCEQ and Performing Party will be provided with reasonable information in support of such repair costs. If TCEQ determines the property will not be repaired, a claim will be processed utilizing the actual cost of the loss, minus the salvage value. Notwithstanding anything to the contrary, Performing Party will not be liable for damage caused by ordinary wear and tear, acts of God, or latent defects.

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Page 23 of 62 Request for Proposals: 582-23-40302 Landfill Gas Analyzer Calibration and Inspection

YOwens

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

The following terms shall have the meanings ascribed below when used in this document:

1.1 “Conforming” and “Conformity” and similar words refer to the condition or status of a good, service, property or the Work as meeting and being compliant with the requirements of the Contract.

1.2 “Fiscal Year” means the period of time that begins on September 1 and ends on August 31. The fiscal year is designated by the calendar year in which it ends;

for example, Fiscal Year (FY) 2016 begins on September 1, 2015 and ends on August 31, 2016.

1.3 Whenever used in this contract, “include,” and similar words are intended to mean include but not limited to; they are not intended to be exhaustive.

1.4 “Nonconforming” or “Nonconformity” means a failure of a good, service, property or the Work to conform to this Contract, and includes a defect in a good, service, property or the Work.

1.5 “Work” means the services, goods and property the Contractor is required to provide in this Contract. The term includes the entire completed undertaking and the various separately identifiable parts. The term also includes all duties of the Contractor.

2. ORDER OF PRECEDENCE

The entire Contract between TCEQ and Contractor consists of the documents identified in the Contract Documents List. The Contract Documents are intended to be interpreted in harmony with each other. Any inconsistency in the solicitation or the Contract shall be resolved by giving precedence in the following order:

a. Contract Signature Page

b. Federal Conditions and Forms

c. Special Terms and Conditions

d. Procedures for Work Orders

e. Scope of Work

f. Price Form (completed)

g. Insurance Section

h. General Terms and Conditions

i. HUB Subcontracting Plan and HUB Progress Assessment Forms

j. Work Orders and Notices to Proceed (incorporated by reference)

k. Work Plans and other Work Order-related documents created during the

Contract (incorporated by reference)

l. TCEQ Solicitation (incorporated by reference)

m. Other documents, exhibits, and attachments listed in the Contract Documents

List.

3. CONTRACT AMENDMENTS

3.1 Material Changes. Material changes to the contract require a written amendment signed by both parties. These Amendments take effect when signed by the Contractor and TCEQ, unless otherwise designated in the Amendment. Material changes include the following:

3.1.1 Changes in the total amount of funds in the Budget or the Contract;

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3.1.2 Changes to the Contract’s Expiration Date;

3.1.3 Changes to the Scope of Work that affect TCEQ’s obligations to the entity providing funding, such as the United States Environmental Protection Agency (EPA), another state or federal agency, or the Texas Legislature; and

3.1.4 Changes that affect the material obligations of the Performing Party in this Contract.

3.2 Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments. Unilateral amendments take effect when issued by

TCEQ.

3.3 Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a formal Amendment, to correct typographical errors;

make written Contract interpretations; and make minor, non-material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders; or as agreed to elsewhere in the Contract. Contractor must provide TCEQ with a written objection to any Notice of Interpretation no later than five (5) business days from the effective date of the Notice. A copy of the agreed change must be retained in the appropriate file by both the Performing Party and TCEQ.

3.3.1 Minor, non-material changes include:

3.3.1.1 Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract;

3.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order;

3.3.1.3 Changes to the individual tasks in the Scope of Work or Work Order, if applicable, that do not substantially change the obligations of the Parties relative to those tasks;

3.4 It is the Performing Party’s responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ.

4. TERM AND AMOUNT OF CONTRACT

4.1 Contract Period. The Contract Period begins on the later of: 1) the Effective Date on the Contract signature page, or 2) the latest date of the parties’ signatures shown on the Contract signature page. The Contract Period ends on the Expiration Date on the signature page.

4.2 Renewals and Extensions. This Contract may be renewed up to three one-year periods by amendment. TCEQ, by unilateral amendment, may extend the Contract for 180 days beyond any expiration of the Contract Period. In a renewal or extension, TCEQ may increase the Maximum TCEQ Obligation by an amount up to the original Maximum TCEQ Obligation.

4.3 Maximum TCEQ Obligation. The Maximum TCEQ Obligation is the greatest amount TCEQ may pay for the Work. There is no guaranteed minimum expenditure by TCEQ.

4.4 Service Adjustment/Contingency Requirement (SACR). TCEQ may in its sole discretion make allowances for unforeseen circumstances or contingency

Texas Commission on Environmental Quality

Page 25 of 62 Request for Proposals: 582-23-40302 requirements. TCEQ may increase the current Maximum TCEQ Obligation by an amount not to exceed 200% of the original Maximum TCEQ Obligation at the time the Contract was signed.

5. PRICES AND REIMBURSEMENT

5.1 Prices. Prices are firm, fixed, and fully-loaded.

5.2 Cost Reimbursement. Reimbursement is limited to direct costs for items specifically identified on the Price Form or in the Scope of Work and approved by the TCEQ Project Manager before the cost is incurred. Reimbursement requests must be itemized and documented in a format acceptable to TCEQ.

5.3 Records. Contractor must maintain records supporting its costs in accordance with generally accepted accounting principles.

5.4 Reimbursement for Travel. Travel reimbursement is limited to actual costs, and shall not exceed the maximum allowed for State employees by the Texas Comptroller of Public Accounts.

6. QUALITY AND ACCEPTANCE

6.1 Quality Standard. All Work must be complete and satisfactory to the TCEQ. All materials and equipment shall be handled in accordance with instructions of the supplier, except as otherwise provided in the Contract.

6.2 Acceptance. TCEQ relies on Contractor to inspect and test the Work to ensure that it conforms to the Contract requirements. TCEQ relies on the Contractor’s greater expertise in the field of the Work. Any act by TCEQ indicating acceptance, whether express or implied, shall not be deemed to mean that TCEQ has tested or inspected the Work, but rather that TCEQ has accepted the Work in reliance on Contractor’s greater expertise and Contractor’s representation that the Work conforms to all Contract requirements. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of nonconforming Work or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents:

• payment;

• use of the Work or any part of the Work by TCEQ;

• review or approval of a submittal;

• inspection or testing by TCEQ; or

• correction of defective Work by TCEQ.

6.3 Quality Assurance. All Work that involves the acquisition of environmental data shall be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements.

Environmental data includes any measurements or information that describe (1) environmental processes, location, or conditions; or (2) ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or the literature. No data collection or other Work covered by this requirement shall be implemented until Contractor receives the QAPP approved by TCEQ and, if necessary, the EPA. TCEQ may refuse payment or reimbursement for any environmental data acquisition performed without an approved QAPP.

6.4 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited in accordance with

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30 Texas Administrative Code (TAC) Chapter 25, Subchapters A and B, for the matrices, methods, and parameters of analysis used, unless one of the regulatory exceptions specified in 30 TAC § 25.6 applies.

7. PAYMENTS AND INVOICES

7.1 Excess Obligations Prohibited. TCEQ’s obligations under this Contract are contingent upon the continued availability of funding. If funds become unavailable due to lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, TCEQ may terminate this contract.

7.2 Invoice. Contractor will submit invoices no later than the 15th day of every month after the services are completed. If the Contract has an approved Historically Underutilized Business (HUB) Subcontract Plan (HSP), a HUB Progress Assessment Report (PAR Form) describing subcontracting activity must also be submitted with the invoice. The invoice may be rejected for failure to comply with all invoice requirements.

7.3 Invoice Contents. The Contractor must include the following information on the face of all invoices: invoice number, invoice date, TCEQ Contract number, Work Order number if any, Vendor Identification Number, period covered by the invoice, item and unit description, quantity, unit price, extended price, and total amount for which Contractor is requesting payment. Contractor shall submit its invoice to the TCEQ Contract Manager.

7.4 State Agencies/Institutions of Higher Education. If the Contractor is a State agency or institution of higher education payments must be made via interagency transaction voucher (ITV), please provide a Recurring Transaction Index (RTI) number on the face of the invoice OR if payments are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: “Funds to be deposited into local bank account.” For additional information, please refer to the Texas Comptroller’s Accounting Policy Statement (APS) 014.

7.5 Progress Payment. A progress payment is a payment made on a portion of the Work that is part of a line item designated on the Price Form. The Contractor’s written request must include a description of the relevant portion of the Work.

Contractor may request, and TCEQ at its sole discretion may issue or refuse, a progress payment.

7.6 Final Payment. Contractor must submit its invoice for final payment within 30 days of completion of the Work.

7.7 Retainage. TCEQ may withhold 5% or less of each payment as retainage. Release of retainage may be requested in the final invoice.

7.8 Release of Claims by Contractor. The final invoice shall be accompanied by a complete and legally effective release of TCEQ from all known and unknown claims relating to the Contract on a form provided by TCEQ. Contractor’s acceptance of final payment constitutes a waiver of all claims against TCEQ related to the Contract, known or unknown.

7.9 Assignment of Claims. Contractor may assign its right to be paid under this Contract. Any assignment shall cover all unpaid amounts payable under this Contract. An assignment does not relieve Contractor of any obligation under this Contract. All assignments must be approved by both assignor and assignee in writing and submitted to the TCEQ Contract Manager. Notwithstanding any

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Page 27 of 62 Request for Proposals: 582-23-40302 contrary provision in applicable law, TCEQ shall have no liability to Contractor or to any assignee on any claim arising from TCEQ’s directing payment to Contractor instead of an assignee, or to an assignee instead of Contractor.

7.10 Prompt Payment Act.