ESBD_File_336841_23-PUB-R-0079 Request for Proposal RFP.pdf

Concho Valley Council of Governments

5430 Link Rd. San Angelo, TX 76904

325-944-9666 | www.cvcog.org

REQUEST FOR PROPOSALS (RFP)

FOR

Aerial Imagery Services for Concho Valley Region

CVCOG Program: Public Safety / 9-1-1

Solicitation Number: 23-PUB-R-0079

PROCUREMENT CONTACTS

PRIMARY SECONDARY

Jaylon Seales Crystal Garcia

Contract & Open Records Manager Procurement Lead jaylon.seales@cvcog.org crystal.garcia@cvcog.org

325-944-9666 ext. 282 325-944-9666 ext. 227

SOLICITATION TIMELINE

EVENT DATE

CVCOG Date of Solicitation Issuance: Wednesday – September 20th, 2023

Pre-Submission Conference: Tuesday – October 3rd, 2023 10:30AM

Due Date for Written Questions: Friday – October 6th, 2023 5:00PM

Anticipated Posting of Agency’s Written Answers October 10th – October 13th

Deadline for Submission of Proposals (4:30PM): Friday – October 20th, 2023 4:30PM

CVCOG Admin Review & Evaluation of Proposals: October 23rd – October 27th

CVCOG Notice of Intent to Award: Monday – October 30th, 2023

Anticipated Commencement of Services: December 2023/January 2024

Board Approval Date: Wednesday – November 8th, 2023

Submission Format: Two (2) printed copies and one (1) combined

PDF copy on a USB flash drive.

http://www.cvcog.org/

pg. 2

SIGNATURE PAGE

Submission of a response will constitute acknowledgement and acceptance of all the terms and conditions contained in this Solicitation. Respondents, their authorized representative, and their agents are responsible for obtaining, and will be deemed to have, full knowledge of the conditions, requirements, and specifications of this Solicitation at the time a response is submitted to Concho Valley Council of

Governments.

Submission must be signed by a duly authorized representative(s) of the respondent, which must be the actual legal entity that will perform the contract if awarded and any total fixed price contained therein will remain firm for a period of _____ following the submission due date and can be further extended by mutual written agreement.

Respondent is REQUIRED to sign this Signature Page and return with the submitted response. An unsigned Submission will be deemed non-responsive.

Legal Name of Entity/Individual:

Doing Business As (DBA) Name:

Company Mailing and Billing Address (if different from company address):

City, State, Zip Code:

Tax ID Number (EIN): DUNS Number (if applicable):

Unique Entity ID (SAM.gov) REQUIRED (See pg. 10)

Contact Person: Phone Number:

Email Address:

Authorized Signature personnel authorized to bind Respondent company to any contract/purchase order that may result from this Solicitation

Authorized Signature: Date:

Printed Name: Title:

Email Address:

All clarifications to this Solicitation will be in writing and identified as a Letter of Clarification. Verbal communications and other written documents intended to clarify and interpret will not legally bind the

Concho Valley Council of Governments. Only information supplied by a written addenda and posted to the CVCOG website should be used in preparing submissions. Any addenda will be posted on the

CVCOG website http://www.cvcog.org/cvcog/solicitations_procurement.html as soon as available.

CVCOG does not assume responsibility for the receipt of any addenda by Respondent(s). Respondents must frequently check the CVCOG website for updates.

30 days http://www.cvcog.org/cvcog/solicitations_procurement.html

pg. 3

1. AGENCY INFORMATION AND INTRODUCTION

1.1. Agency Information

The Concho Valley Council of Governments, hereinafter referred to as “CVCOG”, is a voluntary organization of local governments organized in 1967 under authority granted by the Texas Legislature in

1965 (Chapter 391, Local Government Code). Under provisions of the law, Councils of Governments are political subdivisions of the state, but they are not governments because they have no authority to make laws, levy taxes, or exercise police powers. Councils of Governments are specifically authorized to:

• conduct planning

• assist local governments in implementing plans

• provide technical assistance, grant writing and grant administration services

• contract with local, state and federal governments and other public and private agencies

• review and comment on applications for federal and state grants-in-aid and solid waste permits

• assist local governments in solving governmental problems

The Concho Valley Council of Governments is one of 24 regional councils in Texas. The geographic boundaries of the councils must coincide with the state’s planning regions as designated by the Governor.

Membership in Texas’ Councils of Governments includes almost 2,000 local governments and all of the state’s 254 counties.

Policy decisions for the Council are made by its Executive Committee composed of a representative chosen by the local government members of each county, a member of the board of the largest school district, a member representing the region’s largest city, and two members of the Texas legislature whose districts lie partially or wholly within the region.

One of the main goals of CVCOG is to foster a cooperative effort in resolving problems, policies, and plans that are common and regional. Included in CVCOG are the following programs:

• 2-1-1 Texas

• Aging and Disability Resource Center

• Area Agency on Aging

• Concho Valley Council of Governments Administration

• Concho Valley Transit District

• Criminal Justice

• Concho Valley Economic Development District

• Foster Grandparents

• Head Start and Early Head Start

• Homeland Security

• Concho Valley Regional Law Enforcement Academy

• Regional 9-1-1

• Regional Services

• RSVP

• Senior Companion

• Solid Waste

• VISTA

pg. 4

2. CONTRACTOR REQUIREMENTS: SCOPE OF WORK

2.1. Summary Statement

Concho Valley Council of Governments (CVCOG) is issuing this Request for Proposals (RFP) in order to procure the goods and/or services defined in Section 2, as specified in this RFP, from a contract between the successful proposer and the CVCOG. Concho Valley Council of

Governments 9-1-1 Program is seeking responses from qualified and experienced contractors for this RFP to provide aerial imagery services for the Concho Valley Region in Texas as described in this solicitation. CVCOG anticipates awarding a multi-year contract to a single successful

Proposer as a result of this RFP. Interested parties should submit a proposal and pricing for annual terms of up to five (5) years. Services provided by the awarded Contractor may not be needed every year.

A Proposer, either directly or through its subcontractor(s), must be able to provide all goods and/or services and meet all of the requirements requested in this solicitation and the successful

Proposer (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.2. Scope of Project and Project Requirements.

The contract resulting from this RFP will be an Indefinite Delivery, Indefinite Quantity Task-

Order contract because the need to utilize the awarded Contractor will vary by year depending on funding and need.

The minimum limit to be provided by the awarded Contractor is: Services as defined in the

Scope of Work, once per year, for one (1) year.

The maximum limit to be provided by the awarded Contractor is: Services as defined in the

Scope of Work, once per year, for up to five (5) years.

Project Scope:

• Capture aerial color orthogonal imagery of the entire CVCOG 13-county geographical region consisting of Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton, and Tom Green counties, Texas.

• Imagery shall be acquired when the ground is not obscured by snow, ice, clouds or fog, and the atmosphere is free of haze, smoke, dust and other environmental obstructions

• Respondents are expected to identify all levels of their quality assurance and quality control procedures that will be employed in evaluating and processing the imagery

• Imagery is to meet or exceed 6” resolution in all rural and neighborhood areas of the 13-county region

• The distribution of imagery products and supporting data, shall be the responsibility of the contractor. The contractor will provide separate USB hard drives that will be used to transfer deliverables and will become a part of the final delivery. Physical hard drive

pg. 5 deliverable of a minimum of (x1) regional external hard drive with all included imagery, as well as an external hard drive per county Public Service Answering Point (PSAP) consisting of Concho County (x1), Crockett County (x1), Irion/Sterling County (x1), Kimble County (x1), Mason County (x1), McCulloch County (x1), Menard County (x1), Reagan County (x1), Schleicher County (x1), Sutton County (x1), Tom Green County

(x5) required

• Deliverable to include online portal downloadable imagery access for CVCOG staff and industry partners consisting of public safety agencies, appraisal districts, and other local governments within the CVCOG region, at no additional cost to partner agencies.

CVCOG shall have downloadable imagery access for the entire term of the Agreement and an additional one (1) year after contract closeout.

• CVCOG will own the procured imagery upon project acceptance and have rights to share data and services with regional partners, vendors, regional appraisal districts, and other stakeholders

• The imagery should be fully compatible with ESRI’s ArcGIS and Intrado’s Mapflex and

Spatial Command and Control platforms. The digital photography must be delivered with software tools that allow for cataloguing, extracting, viewing, measuring, analyzing and printing said photography. This imagery must also be georeferenced, and able to overlay parcel data, site structures, address points, and road centerlines.

• The data should be available in multiple requested formats including but not limited to area wide mosaics per county, regional mosaic, and ECW, JPG200 and MrSID compressed file formats

• Deliverable should include the ability to measure roads, structures and other objects captured in imagery via line segment and polygonal measuring tools

• Vendor must provide detailed training and support explanation of the products and services outlined in proposal

• Proposed costs must be itemized and all-inclusive

2.3. Project Preferences.

• Add north, south, east, west directional oblique imagery as part of the final deliverables which meets or exceeds 6” resolution

• Add rooftop/site structure outline dataset for the 2023/2024 capture and outline comparison service to compare building and rooftop data from CVCOG’s previous imagery capture from 2018 to the new 2023/2024 capture

• Responding vendors are encouraged to offer multiple packages and price-points with varying resolution levels including but not limited to higher-resolution ortho and oblique

pg. 6 capture offerings (6-inch, 3-inch, 1-inch), higher resolution in more densely-populated neighborhood areas, rooftop dataset and comparison service, etc., if available

• Include deliverable to work directly with CVCOG’s existing 911 map vendor, Intrado, to facilitate and integrate new imagery into their map software, Mapflex and Spatial

Command and Control, to allow telecommunicators to view/access the imagery on these platforms

• Include deliverable to work directly with CVCOG’s existing 911 map vendor, Intrado, to facilitate an update to the existing basemap imagery at the local server level

(cached/tiled MrSID files may be requested for this purpose)

• Work directly with CVCOG’s existing webmap vendor, AppGeo, to facilitate the consumption of the new imagery as a service on the cvcog911.org AppGeo webmap address

2.4. Authoritative Regional Address Points.

Authoritative Regional Address Points can be found at www.cvcog911.org, additional information or contractors who need a digital GIS shapefile format will be made available upon request.

2.5. Timeframe for Completion of Services.

All imagery is to be captured on or between December of 2023 and February of 2024 as to accomplish “leaf-off” with final deliverables completed and invoiced prior to September 1, 2024

2.6. Inspection and Acceptance.

CVCOG shall have the right to inspect all goods or services provided by Contractor under the

Contract resulting from this RFP. If, upon inspection, CVCOG determines that the goods or services are defective or require correction, CVCOG shall notify Contractor, and Contractor shall re-deliver the goods or provide the services at no additional cost to CVCOG. If after a period of thirty (30) days following delivery of goods or performance of services CVCOG does not provide a notice of any defects or needed corrections, the goods or services shall be deemed to have been accepted by CVCOG.

2.7. Requirements Applicable to Physical Goods.

In the case of physical goods (e.g., equipment, material, supplies, as opposed to services), all

Products offered must comply with any applicable provisions of the Texas Business and

Commerce Code, Title 1, Chapter 2 and with at least the following:

a) Be new, unused, and not refurbished.

b) Not be a prototype as the general design, operation and performance. This requirement is

NOT meant to preclude Respondent from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.

c) Include all accessories which may or may not be specifically mentioned in the

Solicitation, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories must be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.

http://www.cvcog911.org/

pg. 7

d) Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer.

e) Be designed and constructed using current industry accepted engineering and safety practices, and materials.

f) Be available for inspection at any time prior to or after procurement.

2.8. Payment Terms and Invoicing.

2.8.1. General.

The Contractor shall submit invoices to 5430 Link Rd. San Angelo, TX 76904 OR electronic invoice to procurement-dept@cvcog.org.

An invoice must include:

a. Name and address of the Contractor;

b. Invoice date;

c. Invoice Number;

d. Agreement number, contract line-item number and, if applicable, the order number;

e. Description, quantity, unit of measure, unit price and extended price of the items delivered;

f. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

g. Terms of any prompt payment discount offered;

h. Name and address of official to whom payment is to be sent; and

i. Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903).

Payment shall be made for items accepted by CVCOG that have been delivered to the delivery destinations set forth in this agreement. CVCOG will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the

Contract. In no event shall any invoice be submitted later than 60 calendar days from the

Contract termination date.

2.8.2. Invoice Submission Schedule.

The Contractor shall submit invoices in accordance with the following schedule:

a. For items of work for which there is one-time pricing, those items shall be billed in the month following the acceptance of the work by CVCOG.

mailto:procurement-dept@cvcog.org

pg. 8

b. For items of work for which there is annual pricing, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

2.8.3. Travel Reimbursement.

a. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior approval from CVCOG.

b. Routine Travel is defined as travel within a 50-mile radius of CVCOG’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to the consulting site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

3. GENERAL CLAUSES AND INFORMATION

3.1. CVCOG Terms & Conditions.

Proposer, by submitting a proposal, or delivering the supplies or performing the services identified herein, agrees to comply with all the CVCOG Terms and Conditions and all specifications and other documents that this Solicitation incorporates by reference or attachment.

Concho Valley Council of Governments Terms & Conditions can be located here:

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20R ev%20July%202023.pdf

Exceptions to the CVCOG Terms & Conditions are not permitted. These Terms & Conditions will be included in the resulting Contract with the selected Proposer.

3.2. Solicitation Cancellation, Postponement, and Changes to Solicitation.

3.2.1. Solicitation Cancellation.

CVCOG reserves the right to modify, cancel, or withdraw in part or in its entirety the RFP.

The reason for cancellation will be supported, at a minimum, by the agency’s reasoned judgment based on evidence or facts contained in the administrative record.

In accordance with FAR 15.206 (e), if, in the judgment of the contracting officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition.

3.2.2. Solicitation Amendments.

CVCOG reserves the right to revise or amend the specifications up to the due date of submissions. Such revisions and amendments, if any, shall be announced by Addendum to this Solicitation in the same manner as the original advertisement.

3.2.3. Solicitation Postponement.

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20Rev%20July%202023.pdf https://www.cvcog.org/cvcog/docs/Procurement/CVCOG%20Terms%20&%20Conditions%20Rev%20July%202023.pdf

pg. 9

If the revisions and Addenda require changes in quantities or prices proposed, or both, the due date for submission may be postponed by such number of days as in the opinion of the

Procurement Department shall enable vendors to revise their responses.

CVCOG reserves the right to postpone a solicitation for any reason deemed necessary by the Procurement Department.

3.3. Samples.

Samples, when required, must be submitted at no expense to CVCOG. If not destroyed or consumed during testing, samples will be returned upon request at Offeror's expense. Samples will be used to determine if the proposed items meet the specifications stated in the Solicitation.

If Respondent fails to provide samples within five (5) day period, as required, CVCOG may reject the Response and not consider it for further evaluation.

3.4. Measurements.

If any measurement stated for items are approximates. CVCOG reserves the right to accept items that are similar in size, if in CVCOG’s judgment, the item offered fulfills the intended purpose.

3.5. Variances.

Any variance in the specifications or performance of Products offered pursuant to this

Solicitation will be deemed acceptable to CVCOG only if the variance MEETS or EXCEEDS the specifications and requirements of this Solicitation.

3.6. Brand Name or Equivalent.

Wherever in the specifications any materials or processes are indicated or specified by patent of proprietary name and/or by name of manufacturer, such specifications will be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and must be deemed to be followed by the words, "or equivalent", if not stated in the specifications. The burden of proof will rest with the Respondent, in the course of a technical evaluation, to prove that the proposed item(s) are equivalent to the performance, materials, processes, or articles specified. Determination as to whether the items(s) proposed is/are equivalent to those specified will rest solely with CVCOG. If a respondent is offering an "or equivalent" item, respondent must list the manufacturer's name and product number of the item offered. If this detail is not provided, it will be assumed respondent is offering the exact item specified. CVCOG’s decision whether an item is an equivalent to the item specified is final.

3.7. Interpretation of Specifications.

The specifications and/or product references contained herein are intended to be descriptive rather than restrictive. CVCOG is soliciting responses to provide a complete service package which meets its overall requirements. Specific services and collection references may be included in this Solicitation for guidance, but they are not intended to preclude Respondents from recommending alternative solutions offering comparable or better performance or value.

Results of informal meetings or discussions between a potential Respondent and CVCOG official or employee may not be used as a basis for deviations from the requirements contained in this Solicitation. The intent of the specifications is to provide Respondent with sufficient information concerning the Products/Services to be contracted so Respondent can prepare and submit an acceptable Response. The specifications may be detailed or general in nature. Details

pg. 10 of construction, materials, or the way in which services will be provided, are left to the discretion of the Respondent, provided only that any offering must conform, as a minimum, to best

Industry standards and practices and to what is currently being sold in the marketplace.

Requirements contained in the Solicitation are not considered to be biased toward any

Respondent(s) competing under this Solicitation.

3.8. Rights to Submitted Material.

All materials submitted by the Proposer in response to this RFP shall become the property of

CVCOG.

3.9. Public Information.

All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the

Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. The awarded contractor strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of solicitation information.

3.10. Confidential/Proprietary Information.

Proposals will not be opened publicly. All Proposals shall be kept confidential and not disclosed to competing Proposers or any outside individuals until the evaluation process is finished.

The CVCOG will keep confidential any trade secrets and/or proprietary information which the

Proposer does not wish to be disclosed. For such information, the Proposer must mark each page in boldface at the top and bottom as “CONFIDENTIAL/PROPRIETARY INFORMATION”.

Cost information shall not be deemed confidential.

CVCOG shall not be liable for disclosure of any proprietary information that is not clearly identified as such in the Proposal.

3.11. No Reimbursement for Costs.

Contractor acknowledges and accepts that any costs incurred from the contractor’s participation in this Solicitation shall be at the sole risk and responsibility of the Contractor.

3.12. Taxes.

Purchases made by CVCOG are exempt from the State Sales Tax and Federal Excise Tax.

Agency will furnish Tax Exemption Certificates upon request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Contractor or its employees. CVCOG shall not be liable for any taxes resulting from the contract.

3.13. Funding Source Requirements.

Grant funds used to purchase these products/services may be provided from local, state, and/or federal sources. The successful Respondent must comply with any and all modifications that are enacted by the federal, state, local governments throughout the life of the Award and for any contract it executes with CVCOG as a result of this solicitation.

pg. 11

All Respondents must certify they are not on the Texas Comptroller’s list of ineligible contractors. The single successful Respondent shall be required to comply with all applicable

Equal Employment Opportunity laws and regulations. HUB and/or DBE vendors will be afforded full opportunity to submit proposals and compete for subcontracting work and will not be discriminated against on the basis of race, color, religion, sex, national origin, or disability.

4. MINUMUM VENDOR QUALIFICATIONS

4.1. Eligible Contractors.

Only individuals or firms from lawfully formed business organizations may apply. CVCOG will contract only with the individual and/or firm that submits a responding proposal and is not on hold with the Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of CVCOG nor will the firm and/or individual be eligible for any benefits provided by CVCOG.

4.2. Unique Entity Identifier and System for Award Management.

**Successful Proposer must be registered to do business with the U.S. Government through www.sam.gov prior to award of Contract. **

If not already registered, Proposers shall register their entity to do business with the U.S. federal government by completing the entity registration process at SAM.gov. Active registration in

SAM.gov provides your entity the ability to apply for federal grants or loans or bid/propose on government contracts.

The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.

Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

4.3. Historically Underutilized Businesses and Disadvantaged Business Enterprise Contractors

(HUB and DBE).

CVCOG encourages the participation of qualified vendors in the bidding/proposal process, emphasizing opportunities for small businesses, HUB and DBE vendors, and minority and/or women owned businesses.

4.4. Insurance Requirements.

Providing and maintaining adequate insurance coverage is a material obligation of the Proposer and is of the essence of any contract resulting from this RFP. All such insurance shall meet all laws and requirements of the State of Texas and CVCOG. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business.

http://www.sam.gov/

pg. 12

The successful Proposer shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing Texas laws or this Contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract resulting from this RFP.

Proposer agrees that Proposer and Proposer’s employees and agents have no employer-employee relationship with CVCOG. CVCOG shall not be responsible for the Federal Insurance

Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will CVCOG furnish any medical or retirement benefits or any paid vacation or sick leave.

Proposer is responsible for conduct of business operation, including employee salaries, travel, etc.

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

General Liability

The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include CVCOG as an additional insured for the entire length of the resulting contract. The Contractor shall provide liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Commercial Automobile Liability

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Workers’ Compensation and Employer’s Liability

To the extent required by law during the term of this Agreement, Contractor shall provide workers' compensation insurance for the performance of any of Contractor's duties under this

Agreement, including but not limited to, coverage for workers' compensation and employer's liability and a waiver of subrogation, and shall provide CVCOG with certification of all such coverages upon request by CVCOG.

5. REPRESENTATIONS AND INSTRUCTIONS TO PROPOSERS

5.1. Pre-Proposal Conference.

The CVCOG will hold a virtual pre-proposal conference on the date and time and at the location described below:

pg. 13

Tuesday, October 3rd 2023 at 10:30AM https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM1NGY4ZTEtM2Y2My00YzU5LTkzODctZTg4ODEzZDRiNGRk%

40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-

417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d

Attendance is optional, but strongly encouraged.

This conference and the subsequent deadline for questions will be the only opportunity for potential proposers to ask questions or gather further information before the submission of

Proposals.

5.2. Amendments to Request for Proposals.

If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. Proposers must acknowledge receipt of any amendment to this solicitation. CVCOG must receive the acknowledgement by the time and at the place specified for receipt of proposals.

5.3. False Statements.

Proposers must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in proposals is prescribed in 18

U.S.C. 1001.

5.4. Contact by Proposers.

To ensure a fair and competitive environment, direct communication between CVCOG employees other than the Solicitation Contact or any party able to create an unfair advantage to

Respondent or disadvantage to other Respondents with respect to the Solicitation process, or the award of a Contract is strictly prohibited. This restriction does not apply to communications to other CVCOG employees during a Pre-Proposal/Bid or Response conference or other situations where the Solicitation Contact has expressly authorized direct communications with other staff.

A Respondent who intentionally violates this requirement of the Solicitation process or otherwise deliberately or unintentionally benefits from such a violation by another party may have its Submission rejected in accordance with CVCOG Policy. Respondent(s) will not offer any gratuities, favors, or anything of monetary value to any official or employee of CVCOG

(including any and all members of the evaluation committee) for the purposes of influencing consideration of any Submission.

5.5. Examination of Documents and Requirements.

Each Respondent must carefully examine all Solicitation documents and become thoroughly familiar with all requirements prior to submission to ensure the response meets the intent of this

Solicitation. Respondent is responsible for making all investigations and examinations that are necessary to ascertain conditions affecting the requirements and become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Solicitation. Failure to make such investigations and examinations https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM1NGY4ZTEtM2Y2My00YzU5LTkzODctZTg4ODEzZDRiNGRk%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM1NGY4ZTEtM2Y2My00YzU5LTkzODctZTg4ODEzZDRiNGRk%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM1NGY4ZTEtM2Y2My00YzU5LTkzODctZTg4ODEzZDRiNGRk%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM1NGY4ZTEtM2Y2My00YzU5LTkzODctZTg4ODEzZDRiNGRk%40thread.v2/0?context=%7b%22Tid%22%3a%22f743336c-ab3c-45a5-98aa-417387c92e2e%22%2c%22Oid%22%3a%22be91f9ae-c0ff-4abf-bdbd-a525218f6f3d%22%7d

pg. 14 will not relieve the Respondent from obligation to comply, in every detail, with all provisions and requirements of the Solicitation.

5.6. Submission of Proposals.

Proposals and proposal modifications shall be submitted in sealed envelopes or packages (unless permitted to submit by electronic means). Proposers shall submit sealed proposals by providing two (2) printed copies and one (1) combined PDF copy on a USB flash drive. Proposers using commercial carrier services must ensure that the proposal is addressed and marked on the outermost envelope or wrapper as prescribed below:

SOLICITATION #: 23-PUB-R-0079

Concho Valley Council of Governments

Attention: Jaylon Seales

Contract & Open Records Manager

Procurement Department

5430 Link Road

San Angelo, TX 76904

The exterior of the packaging/envelope must also indicate the proposing company or proposer’s name.

Proposals submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

5.7. Questions, Clarifications, and Explanation to Prospective Proposers.

Any prospective proposer desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective proposers before the submission of their proposals. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective proposer concerning a solicitation will be furnished promptly to all other prospective proposers as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective proposers.

All contractors are encouraged to send any questions in writing to Jaylon Seales – Contract &

Open Records Manager at jaylon.seales@cvcog.org by the Due Date for Written Questions.

Answers and any supplemental materials pertaining to submitted questions will be posted to

CVCOG website (www.cvcog.org) in the form of addenda addressing each submitted question.

Questions and answers will be posted to the CVCOG website as soon as available. The names of respondents who submit questions will not be disclosed.

Except as provided in this solicitation and as otherwise necessary for the conduct of ongoing

CVCOG business operations, proposers are expressly and absolutely prohibited from engaging in communications with CVCOG personnel who are involved in any manner in the review and/or evaluation of the proposals, selection of a respondent, and/or negotiation or formalization of a contract. Failure to follow the guidelines set forth in this solicitation regarding vendor communication could result in proposal rejection.

mailto:jaylon.seales@cvcog.org

pg. 15

5.8. Solicitation Postponement and Addendum.

CVCOG reserves the right to revise or amend the specifications up to the due date for submission of proposals. Such revisions and amendments, if any, shall be announced by

Addendum to this Solicitation in the same manner as the original advertisement. If the revisions and Addenda require changes in quantities or prices proposed, or both, the due date may be postponed by such number of days as in the opinion of the Procurement Department shall enable vendors to revise their submissions.

5.9. Late Submissions, Modifications and Withdrawals.

Proposers are responsible for submitting proposals, and any modifications or withdrawals, so as to reach the CVCOG Procurement Department by the time specified in the RFP. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time.

Any proposal, modification, or withdrawal received by CVCOG after the exact time specified for receipt of proposals is "late" and will not be considered. However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the CVCOG installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of CVCOG personnel.

If an emergency or unanticipated event interrupt normal CVCOG processes so that proposals cannot be received at the exact time specified in the RFP and urgent Government requirements preclude amendment of the RFP, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Proposals may be withdrawn by written notice received at any time before the exact time set for receipt of proposals.

5.10. Preparation of Proposals.

Proposers are expected to examine the drawings, specifications, Schedule, and all instructions.

Failure to do so will be at the proposer’s risk.

If applicable, before submitting a proposal, proposers shall visit the site of the proposed work and shall fully inform themselves of all conditions in and about the work site, the building or buildings, if any, and any work that may have been done thereon. However, no proposer shall visit the site without prior authorization by CVCOG. Questions will not be answered during any site visit. Instead, questions resulting from the site visit must be submitted in writing.

Each proposer shall furnish the information required by the solicitation. The proposer shall sign the proposal and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

pg. 16

For each item offered, proposers shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

Proposals for supplies or services other than those specified will not be considered unless authorized by the solicitation.

Proposers must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

5.11. Minor Technicalities.

CVCOG reserves the right to waive minor technicalities and informalities; to only accept items as specified in the solicitation package. If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.

5.12. Request for Revised Proposals and Further Information.

CVCOG may request revised proposals or request further information from Proposers if it is in the best interest of CVCOG to do so.

5.13. Negotiations.

CVCOG may negotiate with the highest ranked Proposer. If CVCOG determines that negotiations have reached an impasse, CVCOG at its discretion may terminate negotiations with the selected Proposer and commence negotiations with the second highest-ranked Proposer.

However, CVCOG may select a Proposal or Proposals for award without any discussions or negotiations.

5.14. Best and Final Offer (BAFO)

CVCOG may request Best and Final Offers if it is in the best interest of CVCOG to do so.

Proposers are hereby notified that the selected firms are expressly prohibited from offering any rebates, parts credits and any other price discounts following contract award. Thus, the initial proposal should represent the “best offer.” However, CVCOG may select a proposal or

Proposals for award without a request for BAFO.

5.15. Multiple Awards.

In addition to other factors, proposals will be evaluated on the basis of advantages and disadvantages to CVCOG that might result from making more than one award (multiple awards).

It is assumed, for the purpose of evaluating proposals, that $500 would be the administrative cost to CVCOG for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to CVCOG, including the assumed administrative costs.

5.16. Subcontractors.

pg. 17

The Proposer is required notify the CVCOG of any subcontractor(s) to be used to perform tasks and/or provide equipment on the project. CVCOG reserves the right to reject proposed subcontractors.

5.17. Solicitation Protests.

Prior to submission of an agency protest, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions.

CVCOG Protest Procedures can be found here:

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and

_Standards_of_Conduct.pdf

5.18. Rejection of Individual Proposals.

a) Any proposal that fails to conform to the essential requirements of the request for proposal shall be rejected.

b) Any proposal that does not conform to the applicable specifications shall be rejected unless the solicitation authorized the submission of alternate proposals and the supplies offered as alternates meet the requirements specified in the solicitation.

c) Any proposal that fails to conform to the delivery schedule or permissible alternates stated in the solicitation shall be rejected.

d) A proposal shall be rejected when the proposer imposes conditions that would modify requirements of the solicitation or limit the proposer’s liability to the Government, since to allow the proposer to impose such conditions would be prejudicial to other proposers.

For example, proposals shall be rejected in which the proposer-o Protects against future changes in conditions, such as increased costs, if total possible costs to the Government cannot be determined;

o Fails to state a price and indicates that price shall be "price in effect at time of delivery;"

o States a price but qualifies it as being subject to "price in effect at time of delivery;"

o When not authorized by the solicitation, conditions or qualifies a proposal by stipulating that it is to be considered only if, before date of award, the proposer receives (or does not receive) award under a separate solicitation;

o Requires that the Government is to determine that the proposer’s product meets applicable Government specifications; or o Limits rights of the Government under any contract clause.

https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and_Standards_of_Conduct.pdf https://www.cvcog.org/cvcog/docs/Procurement/CVCOG_Procurement_Protest_Procedures_and_Standards_of_Conduct.pdf

pg. 18

e) A proposer may be requested to delete objectionable conditions from a proposal provided the conditions do not go to the substance, as distinguished from the form, of the proposal, or work an injustice on other proposers. A condition goes to the substance of a proposal where it affects price, quantity, quality, or delivery of the items offered.

f) Any proposal may be rejected if the contracting officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the proposal, but the prices for individual line items as well.

g) Any proposal may be rejected if the prices for any line items or subline items are materially unbalanced.

h) Proposals received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the due date for submission shall be rejected unless a compelling reason determination is made.

i) Proposals received from concerns determined to be not responsible pursuant to FAR

Subpart 9.1 shall be rejected.

j) When a bid bond and/or performance bond is required and a proposer fails to furnish the guarantee in accordance with the requirements of the RFP, the proposal shall be rejected, except as otherwise provided in FAR 28.101-4.

5.19. Rejection of All Proposals.

This solicitation does not commit CVCOG to award a contract.

In accordance with FAR 15.305 (b), CVCOG may reject all proposals received in response to a solicitation, if doing so is in the best interest of CVCOG.

5.20. Single Proposal Response.

If only one Proposal is received in response to this solicitation, a detailed cost analysis may be requested of the single Proposer.

5.21. Non-Response to Request for Proposals.

To help us improve the quality of our solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email the Procurement Contacts listed on Page 1 and advise the reason.

5.22. Contract Award and Execution.

Upon administrative review, evaluation, negotiations, and approval from CVCOG’s Executive

Board, CVCOG will prepare and submit a final contract to the awarded Proposer at the address provided in the Solicitation or via email. The awarded Proposer shall execute the contract within

7 days after the receipt of the contract.

6. EVALUATION CRITERIA

pg. 19

This proposal will be evaluated by an evaluation committee. An evaluation committee may consist of representatives from CVCOG and other stakeholders. The committee members will individually evaluate and numerically score each submission in accordance with the evaluation criteria section of this Solicitation. Submissions will be evaluated based on a total top score of 100. Respondents with a score of at least 80 may be eligible for a contract award recommendation, at the sole discretion of

CVCOG. An award resulting from this Solicitation shall be awarded to the most responsive and responsible respondent whose Proposal is determined to be the most advantageous to CVCOG; taking into consideration best value, which includes price, delivery time, vendor past performance, etc.;

moreover, the right is reserved to reject any and all submissions received and in all cases.

Responsiveness.

Responsive means that a Solicitation response must conform in all material respects to the requirements stated in any portion of the solicitation package. Responsiveness is determined from the submission documents themselves and, with very few exceptions, is determined with no discussions or further input from the respondent. Examples of submission responsiveness, as identified in other parts of the solicitation package, are:

• Are the submission documents complete and is any part of the response intentionally or inadvertently ambiguous? Is it susceptible to two or more reasonable interpretations?

• Were all Addenda to the solicitation acknowledged?

• Was the Proposal signed?

• Were all material representations and certifications completed and signed, including, but not limited to, federal requirements?

Responsibility.

A responsible Proposer is a company, which based on its submission, references, and any other pertinent information, has demonstrated it has the ability,…