ESBD_File_345607_RFQ_Event Management Services_CLEAN PDF.pdf

580-24-RFQ-0016 Page 1 of 31

REQUEST FOR QUALIFICATIONS NO. 580-24-RFQ-0016

FOR

EVENT PLANNING AND MANAGEMENT SERVICES

CLASS-ITEM CODE(S):

958-36 - EXHIBITION/EXPOSITION MANAGEMENT SERVICES

AND

915-23 - CONFERENCE COORDINATING AND PLANNING

SERVICES

RELEASE DATE: DECEMBER 18, 2023

DEADLINE FOR SUBMISSION: JANUARY 17, 2024 BY 5:00 P.M.

Solicitation Point of Contact:

Rishi Teli Contract Specialist Rishi.teli@twdb.texas.gov

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/sp, for any addenda to this Solicitation. Please search under Agency Code 580

(Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the

Solicitation http://www.txsmartbuy.com/sp

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TABLE OF CONTENTS

SECTION I - OVERVIEW, DEFINITIONS AND AUTHORITY 3

SECTION II – SCOPE OF WORK 6

SECTION III – DELIVERABLES 9

SECTION IV – GENERAL INFORMATION 10

SECTION V – GENERAL TERMS AND CONDITIONS 16

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SECTION I – OVERVIEW, DEFINITIONS, AND AUTHORITY

1.1 OVERVIEW

TWDB will consider qualifications from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Content Item 1, Execution of Response to the Request for Qualifications, and complete other items listed under 4.1.B, Contents, to be considered. Additional information on TWDB and its programs can be found at http://www.twdb.texas.gov.

The Texas Water Development Board (TWDB) is seeking responses to this Request for Qualifications (RFQ) for the award of a contract to perform Event Planning and Management Services for the “Water for Texas” conference (the Conference) held by TWDB. The Conference is held every one to two years. The next “Water for Texas” conference is scheduled for January 27–29, 2025 at the AT&T Hotel and Conference Center in Austin, Texas. The expected audience for the Conference is approximately 650 attendees. The Conference will include a mix of breakout sessions (approximately 16-20, some held concurrently) and general sessions (approximately four to five) typically structured as three- to four- member speaker panels with a moderator. In addition, the Conference includes exhibitor areas, two networking receptions, and a luncheon with a keynote speaker.

The Conference is organized by the full-service TWDB Agency Communications Division, which includes a Conference and Event Coordinator who will serve as the main point of contact for the selected Contractor.

1.2 DEFINITIONS

“Addendum” means a written clarification or revision to the Request for Qualifications issued by the Texas Water Development Board. Respondents must acknowledge receipt of any addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“Contract/Contract Documents” means all documents which govern this Solicitation and any resulting contract(s), including without limitation the Project Manual, this Solicitation, the Architect/Engineer’s specifications and drawings, any Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contractor” means Respondent(s) awarded a contract under this Solicitation.

http://www.twdb.texas.gov/

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“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.com/sp.

“General Conditions” means those items and related costs that are specified in this document.

“HUB” means Historically Underutilized Business as defined by Texas Government Code

Chapter 2161.

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §

2161.252 and 34 Texas Administrative Code § 20.285 for each contract with an expected value of

$100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP must be included with the Solicitation Response.

“Key Staff” means experienced, professional and/or technical personnel who will have major responsibilities under the Contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

“Notice to Proceed” or “NTP” means written notice provided by TWDB to begin the Project.

“OSHA” means the U.S. Occupational Safety and Health Administration.

“PIA” means the Public Information Act, Texas Government Code Chapter 552.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFQ” means Request for Qualifications.

“Solicitation” means this RFQ.

“Solicitation Response” means Respondent’s entire response to this Solicitation, including all documents requested.

“SOQ” means Statement of Qualifications.

“State” means the State of Texas and any state agency; the Texas Water Development Board or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

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1.3 AUTHORITY

TWDB is posting this Solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2155; Texas Water Code § 6.190; and Texas Water Code applicable chapter or section(s) of the Water Code.

1.4 BACKGROUND

The TWDB was created by the Texas Legislature and by constitutional amendment in 1957.

The agency’s mission is to lead the state’s efforts in ensuring a secure water future for Texas, and the TWDB's main responsibilities are threefold: collecting and disseminating water-related data; assisting with regional water supply and flood planning that contributes to preparing the state water plan and state flood plan; and administering cost-effective financial programs for constructing water supply, wastewater treatment, flood control, and agricultural water conservation projects.

There have been four biennial Water for Texas conferences since 2017. As a public relations event for the TWDB, the Water for Texas conference promotes our reputation as trustworthy, innovative leaders successfully steering the state’s course through the vast challenges of population growth and evolving water demands and supplies. The conference provides an occasion for members of the water industry—including our own staff and Board—to discuss new technologies and emerging policy issues; to acquire new skills and knowledge; and to collaborate on challenges and opportunities so that Texas’ communities and industries can continually innovate and adapt. The conference also builds awareness of who we are and how we are assisting the state and its communities.

The key benefits of the conference include the following:

• Provides opportunity for face-to-face connections and networking

• Builds community within the water industry

• Builds recognition—and visibility—of who we are and the importance of what we do

• Promotes our reputation as leaders and experts, which can motivate potential customers and other industry affiliates to work with us.

• Provides a forum to advance innovation and inspire change.

• Gives the water industry information and tools that can help it improve and prepare for the future.

Selected Contractor will work closely with designated TWDB staff to execute the Conference. TWDB will authorize any associated budgets for the selected Contractor. The selected Contractor will be responsible for planning, administrative, and operational services.

TWDB plans to select a Contractor with expertise in areas including but not limited to:

conference production, event coordinating and planning services, and conference management services, including facility contract negotiation, hotel room blocks, banquet event orders, sponsor and exhibitor sales and coordination, registration services, and event staffing.

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SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The selected Contractor will work closely with designated TWDB staff to execute the Conference. TWDB will establish the time and location of the event and will set and authorize any associated budgets for the selected Contractor. The selected Contractor will be responsible for planning, administrative, and operational services. TWDB will make the final decisions on all aspects of the Conference.

2.2 REQUIREMENTS

Respondents to this RFP are required to have the following abilities:

• Experience with successful implementation and management of events, in particular industry conferences, with attendance ranging from 500 to 1,000 participants.

• Experience successfully working with a Texas state government agency (or public university/higher education program/corporation) managing large-scale events and conferences.

The selected Contractor will be expected to perform the following:

A. Venue Contract Services

• Oversee and facilitate all aspects of the venue contract, including site selection (if requested), vendor negotiation, event registration, marketing, sponsorship management, onsite staffing, and post-event reporting.

• Negotiate and obtain contracts for the Conference. TWDB has executed a contract with the AT&T Hotel and Conference Center to reserve dates for “Water for Texas 2025.” The selected Contractor will be responsible for taking over this contract and amending it to be between the AT&T Hotel and Conference Center and the selected Contractor. Any and all future event-related contracts will be between the Contractor and the selected vendors.

B. Accounting Services

• Prepare and monitor event budget o The Water for Texas conference operates with a budget to track expenses and revenue for the event, which is a cost-recovery event for TWDB. The event management fee is considered an expense in the budget. Past event management service contracts have been less than $50,000.

• Establish an event bank account

• Process all payments, which may include but not be limited to:

o Sponsorship payments o Event-related payments o Online event registration

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• Establish a payment gateway to process transactions through Contractor’s merchant account into the designated event bank account or fund sites provided by TWDB

• Categorize funds collected by the event, total transactions, discount rate, and description of all fees

• Report event transactions monthly, with weekly updates beginning three months out from the Conference

• Provide final reporting of the Conference within 60 days after Conference completion. Reporting must include all cost information, number and category of attendees, problems that occurred, and lessons learned.

C. Meeting Facilitation Services

• Participate in program/planning committee meetings with core TWDB team on a monthly basis, bi-weekly basis 4–10 months prior to the event, and weekly within 3 months of the event or as necessary and mutually agreed upon

• Provide agenda to TWDB prior to each planning meeting and follow-up notes after each meeting

D. Speaker Management Services

• Secure potential keynote and featured speakers (with TWDB approval)

• Negotiate speaker contracts,

• TWDB will prepare and distribute appropriate invitations to speakers, but

Contractor will distribute speaker agreements, ensure speakers complete agreement, and provide all required information (bios, photos)

• Coordinate travel for a limited number of invited speakers, which could include lodging logistics and post-travel reimbursements (as approved by TWDB)

• Prepare and distribute post-event follow-up materials (thank-you letters, evaluations, etc.)

• Coordinate other logistics when needed

• Past conference agenda and list of speakers are available on the Water for Texas

2023 conference website:

https://waterfortexas.twdb.texas.gov/2023/sessions/agenda.html

E. Event Identity Services

• Review and provide comment on event identity, including in-house graphic design of web and printed materials as requested o The TWDB designs all Water for Texas graphics and print materials in-house; outside graphic design services are not needed.

F. Sponsor/Exhibitor Coordination Services

• Manage all communication with sponsors and exhibitors

• Secure sponsorships (with TWDB approval) and process any resulting sponsorship contracts and funds

• Develop and coordinate sponsored materials with appropriate vendors and prepare for distribution at event

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• Coordinate and integrate all suppliers (hotel, decorating company, audio/video, etc.)

• Coordinate vendor-sponsored evening reception, if applicable

• Provide weekly sponsorship reports to TWDB

G. Registration Services

• Develop and host conference registration website o TWDB to develop and host main conference website that will have a link to registration website

• Process and manage online/other registrations to ensure maximum numbers are not exceeded o Total attendee count typically includes paid and complimentary attendees, speakers, sponsors, and TWDB staff

• Generate automatic confirmation of registration

• Generate and manage waitlist, if applicable

• Produce event attendee roster and list for name badges, etc.

• Generate email notifications and event reminders for registrants as needed

• Staff all conference events and manage onsite event registration

• Provide weekly registration reports to TWDB

H. Event Coordination Services

• Facilitate the selection of and contract negotiation for appropriate event entertainment, if applicable

• Facilitate the selection of and obtain appropriate event giveaways, if applicable

• Negotiate lighting and sound system services

• Recommend signage and other printed materials

• Manage printing of event materials and signage, including but not limited to programs, pocket agendas, name badges, notepads, promo items, foam core signs, and hanging signs

I. Facility Services

• Amend AT&T Hotel and Conference Center contract to be between AT&T and Contractor

• Negotiate booking of space for future conferences

• Negotiate food and other costs

• Negotiate wireless access and computing services

• Negotiate parking facility fees and options

• Negotiate and manage audio-visual and videotaping/photography services

J. Other Services

• Print and/or copy materials for event

• Prepare event attendee and speaker packets for distribution

• Identify, purchase, populate, and manage conference app for attendees

• Other coordination and planning as requested/required by TWDB

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2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondent. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

(a) Respondents planning to subcontract all, or a portion of the work must identify the proposed subcontractors on the HUB Subcontracting Plan.

(b) Subcontracting must be at Respondent’s expense.

(c) TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between Contractor and Subcontractor(s) by TWDB.

(d) Respondent will be the only contact for TWDB and subcontractors. Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

2.4 CONTRACT TERM

The Service requested will start upon execution of the Contract through August 31, 2025, with potential extensions by amendment up to one (1) two-year term, beginning September 1, 2025, through August 31, 2027, provided all existing terms and conditions remain in full force and upon mutual agreement. The renewal, if exercised, will be executed in the form of a contract amendment to be issued by TWDB no sooner than ninety (90) days prior to the expiration date of the initial contract, and no later than the final day of the initial contract period. Refusal by either party to exercise the renewal will cause the Contract to expire on August 31, 2025.

2.5 COMPENSATION

The maximum total project cost will not exceed $55,000. Failure to arrive at mutually agreeable terms of a contract with the most qualified Respondent will constitute a rejection of TWDB's offer and may result in negotiations with the next most qualified respondent.

TWDB reserves the right to reject any or all responses.

2.6 LIQUIDATED DAMAGES

If a selected Contractor breaches its obligation to provide deliverables in accordance with the schedule in Section 3.1, the selected Contractor agrees to pay TWDB $500.00 per day for each day of delay as liquidated damages. The parties agree that quantifying losses arising from a selected Contractor’s delay is inherently difficult, and stipulate that the sum agreed upon for liquidated damages is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the industry and the nature of the losses that may result from delay.

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SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

Post-event recap report including: final detailed budget report, narrative describing challenges faced and solutions proposed, event evaluations, and recommendations.

NOTE: The electronic copy of a final report(s) or other deliverable(s) must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/ Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and- Certification-with-Instructions.pdf to demonstrate compliance and submit the completed form with the deliverable. Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

SECTION IV – GENERAL INFORMATION

4.1 RFQ REQUIREMENTS

A brief transmittal letter summarizing the key points of the Statement of Qualifications (SOQ) and signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. Where applicable, the response to each item, including attachments, must not exceed the specified length. The cover page will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy of the SOQ as follows:

1) One (1) complete ORIGINAL SOQ in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to rishi.teli@twdb.texas.gov

2) SOQ pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the SOQ. File size is limited to 100mb.

3) Proposals must be clearly marked RESPONSE TO RFQ 580-24-RFQ-0016 and delivered electronically to the address noted in the RFQ.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFQ. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFQ will not be considered.

https://www.w3.org/WAI/WCAG21/quickref/ https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf mailto:bid-room@twdb.texas.gov

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1) Item 1 (use required form at end of this solicitation): Signed/dated Execution of Response to the Request for Qualifications (one (1) page maximum)

2) Item 2: Company Profile Summary and History (two (2) pages maximum)

Response should include the following:

a. Company name, address, phone number, and legal status (corporation, partnership, joint venture, sole proprietorship).

b. Name and title of person submitting the response with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the response.

d. Describe the general nature of previous work, the number of years in business, size and scope of operation.

3) Item 3: Resumes of Individuals. Submit resumes or bios for each individual (two

(2) pages maximum per individual) who will work on the project. Include any accreditations obtained with industry recognized professional event planning organizations.

PLEASE NOTE: Resumes do NOT count towards total response page maximums.

4) Item 4 (see required forms in Item 4 document at end of this solicitation):

Historically Underutilized Businesses Subcontracting Plan (HUB-SUB)

PLEASE NOTE: HUB-SUB Plans do NOT count towards total response page maximums.

HUB-SUB plan documents ARE REQUIRED even if not applicable to your submittal.

5) Item 5 (use required form at end of this solicitation): Name(s) and last four digits of Social Security Number(s) for each person with at least 25 Percent Ownership of the Business Entity submitting the response to the RFQ (one (1) page maximum)

6) Item 6: Portfolio of relevant experience.

Describe the nature and provide the years and breadth of experience in event/conference planning and management services with:

• Texas state agencies

• Large-scale events with 500+ registrants

• Developing detailed project plans

• Successful event execution

• Providing monthly financial and project close-out for events

In addition, provide description and evidence of how the Contractor can deliver the requirements specified in Section II – Scope of Work.

The Contractor should also provide examples and details of past events and conferences that are similar in nature to the event planning and management

580-24-RFQ-0016 Page 12 of 31 services requested, including a description of services provided and the number of attendees/participants for those events. Please provide for three

(3) past events the client organization name, address, contact person, phone number, and email address. This section is limited to ten (10) total pages.

4.2 PROPOSAL SUBMISSION

A. All responses must be received at TWDB by the deadline in the Schedule of Events.

TWDB will not accept late submittals.

B. It is Respondent’s responsibility to appropriately mark and deliver the proposal to TWDB by the specified date and time.

C. Receipt of all addenda to this Solicitation, if applicable, should be acknowledged by returning a signed copy of each addendum with the submitted response.

NOTE: Failure to return the required items with the response will result in rejection of your Statement of Qualifications.

TWDB will not be responsible for locating or securing information that is not included in your Statement of Qualifications.

4.3 DELIVERY OF SUBMISSION

The SOQ must be submitted to TWDB using the following method:

Electronic Delivery via email to bid-room@twdb.texas.gov with a copy to rishi.teli@twdb.texas.gov. File size is limited to 100MB. Please compress the files whenever possible.

4.4 SCHEDULE OF EVENTS

The solicitation process for this RFQ will proceed according to the following schedule:

EVENT DATE (Central Standard Time)

EVENT DATE/TIME

Solicitation Release Date December 18, 2023

Deadline for Submitting Questions January 3, 2024, at 5 p.m.

Deadline for submission of Solicitation Responses [NOTE: Responses must be RECEIVED by TWDB by the deadline.]

January 17, 2024, at 5 p.m.

Evaluation Period January 18 – February 1, 2024

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Anticipated Contract Start Date February 15, 2024

Contract End Date August 31, 2025

4.5 REVISIONS TO SCHEDULE

TWDB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondent(s) as an addendum posted on the Electronic State Business Daily.

4.6 RESPONSE SUBMITTAL

All submitted Solicitation Responses become the property of TWDB after the submittal deadline. Solicitation Responses submitted constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs first.

4.7 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs incurred in the preparation and delivery of the Solicitation Response to TWDB.

4.8 TRAVEL EXPENSES

Any travel requirements under this Contract may include travel throughout the State of Texas to perform the tasks therein. Any travel expenses will be reimbursed in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

4.9 MEETINGS

Any meetings and or/conference calls will be held on regular business days, Monday through Friday, during regular business hours (8 a.m. to 5 p.m.) or on other mutually agreed dates and times.

4.10 INQUIRIES

A. Contact All requests, questions, or other communications about this Solicitation must be made in writing to the TWDB Purchasing Department, addressed to the person listed below.

Name: Rishi Teli Email : bid-room@twdb.texas.gov with a copy to rishi.teli@twdb.texas.gov Subject: Ensure the RFQ number is included in all correspondence.

B. Clarifications

TWDB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the contact listed above. Respondents’ names will be removed from questions when the written answers are released. Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

https://fmx.cpa.texas.gov/fmx/travel

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1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned

4) Question

5) Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is noted in Section 4.4 above.

C. Responses

All accepted questions will result in a written response posted to the ESBD at:

http://www.txsmartbuy.com/sp. Responses will be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

D. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

4.10 above, TWDB, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone, email, or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent should rely only on written statements and information issued through or by TWDB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.11 RESPONSE EVALUATION AND AWARD

A. TWDB will make an award to a Respondent that provides the “best value” to the State of Texas, as defined by Texas Government Code § 2155.074.

B. TWDB will not enter into a contract with any individual who is required by

Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

C. A committee will be established by TWDB (including TWDB employees) to evaluate the Statement of Qualifications.

The evaluation committee will determine best value by applying the following criteria:

POINTS

AVAILABLE

CRITERIA

0-30 Number of years and breadth of experience with event planning and conference management services for Texas state agencies.

0-25 Number of years and breadth of experience with largescale (500+ registrants) event planning and conference management similar in scope to Water for Texas.

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0-20 Experience developing detailed project plans for successful event and conference execution.

0-10 Experience providing monthly financial and project close-out reporting.

0-10 Experience and qualifications of individuals who will work on the project – including any accreditations with an industry recognized professional event planning organization.

0-5 Prior Performance - Scores will be established from the Texas Comptroller’s Vendor Performance Tracking System (VPTS) as listed below.

A – 5 B – 3 C – 1 D – 0 F – 0 No score - 3

100 TOTAL

D. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary. Award of a contract may be made without a BAFO. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their response.

A request for a BAFO is at the sole discretion of TWDB and will be extended in writing.

E. A Respondent’s performance will be measured by a Grade of A-F in the Texas

Comptroller’s Vendor Performance Tracking System. The selected Contractor will be evaluated on performance both during and at the conclusion of the Contract. Prior VPTS grades will be considered in the selection process for this contract and future contracts. Contractor performance information is located on the CPA website at:

http://www.txsmartbuy.com/vpts.

4.12 CONTRACT AWARD

It is the intent of TWDB to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the TWDB Executive Administrator.

Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

http://www.txsmartbuy.com/vpts

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SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFQ will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.12. Contractor is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any RFQ that bears a copyright. RFQs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a SOQ must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to TWDB any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq. , and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01 et seq.

5.4 HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

It is the policy of TWDB to make a good faith effort to achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, Subchapter F, and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC Chapter 20.

Any contract(s) awarded as a result of this RFQ must include reporting responsibilities related to Historically Underutilized Business (HUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised HUB Subcontracting Plan (HSP) to TWDB. Any change to a subcontractor and revised HSP must be approved in writing by TWDB prior to implementation.

HUBs are strongly urged to respond to this RFQ. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. Contractors who meet the qualifications are strongly encouraged to apply for certification as HUBs.

ALL RESPONDENTS TO THIS RFQ, INCLUDING THOSE THAT ARE HUB CERTIFIED OR

THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB

SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap1-sec1.htm https://statutes.capitol.texas.gov/Docs/BC/htm/BC.15.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=34&pt=1&ch=20

580-24-RFQ-0016 Page 17 of 31

UTILIZATION OF HUBs. THE HSP MUST BE INCLUDED AS PART OF THE PROPOSAL TO

THIS RFQ. FAILURE TO COMPLETE THE HSP AS INSTRUCTED MAY RESULT IN

DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION. Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond. Note that contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to Contractor for more than five (5) years. If a Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the Contract awarded as a result of this Solicitation.

5.5 HUB RESOURCES AVAILABLE

A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) website at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at Texas4hubs@cpa.state.tx.us. If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

A. Antitrust. Respondent represents and warrants that, in accordance with Texas Government Code § 2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of its proposal to any competitor or any other person engaged in the same line of business as Respondent.

B. Child Support Obligation. Under Texas Family Code § 231.006, Respondent certifies that the individual or business entity named in its proposal is not ineligible to receive the specified payment and acknowledges that any Contract resulting from this Solicitation may be terminated, and payment may be withheld if this certification is inaccurate.

C. COVID-19 Vaccine Passport Prohibition. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:Texas4hubs@cpa.state.tx.us

580-24-RFQ-0016 Page 18 of 31 gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the goods or services being supplied.

E. Debts and Delinquencies. Respondent agrees that any payments due under the

Contract will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

F. Excluded Parties. Respondent certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224.

G. Executive Head of a State Agency. Under Texas Government Code § 669.003, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of TWDB. If § 669.003 applies, Respondent must provide the following information:

Name of Former Executive: _________________________ Name of State Agency: _________________________ Date of Separation from State Agency: _________________________ Position with Respondent: _________________________ Date of Employment with Respondent: _________________________

H. Financial Participation Prohibited. Pursuant to Texas Government Code §

2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

I. Foreign Terrorist Organizations. Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Texas Government Code § 2252.152.

J. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, Respondent certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate.

K. Lobbying Prohibition. Respondent represents and warrants that TWDB’s payments to Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Texas Government Code §§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

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L. No Conflict of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

M. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and 2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004. Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is inaccurate.

N. Restricted Employment for Certain State Personnel. Pursuant to Texas Government Code § 572.069, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the Contract is signed, or the procurement is terminated or withdrawn.

This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

O. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

P. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of Respondent on its Response, Respondent qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444(c).

Q. Buy Texas. In accordance with Texas Government Code § 2155.4441, Respondent agrees that during the performance of a contract for services it will purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

R. E-Verify Program. Respondent certifies that for contracts for services, Respondent will utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of: (1) all persons employed by Respondent to perform duties within Texas; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

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5.7 INDEMNIFICATION

RESPONDENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF

TEXAS AND TWDB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,

CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,

ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND

EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF

RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR

SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE

CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE

MUST BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY

GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT,

AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING

CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT

AND TWDB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH

CLAIM.

5.8 ADDITIONAL TERMS

Any terms and conditions attached to your Response will not be considered unless specifically referred to in the Response.

5.9 DISPUTE RESOLUTION

The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by TWDB and Respondent to attempt to resolve all disputes arising under any contract resulting from this Solicitation.

5.10 EXCESS OBLIGATIONS PROHIBITED

Any contract resulting from this Solicitation is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds.

5.11 PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, Respondent is required to make any information created or exchanged with the State pursuant to the Solicitation or Contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

5.12 GOVERNING LAW AND VENUE

Any contract resulting from this Solicitation will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under a contract resulting from this Solicitation is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to TWDB.

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5.13 ETHICS

Under Texas Government Code Section 2155.003, an individual who interacts with public purchasers in any capacity is required to adhere to the guidelines Under Texas Government Code § 2155.003, an individual who interacts with public purchasers in any capacity is required to adhere to the Ethics Laws and Professional Standards in the State of Texas Procurement and Contract Management Guide, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of TWDB or purchasers of other state agencies. Specifically, a TWDB employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

5.14 FRAUD STATEMENT

Respondents understand that TWDB does not tolerate any type of fraud. TWDB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Contractors are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency’s Internal Audit division at 512-463-7978 or Nicole.Campbell@twdb.texas.gov.

5.15 CONFLICT OF INTEREST

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under any Contract resulting from this Solicitation.

For this reason, the submission in response to this RFQ must disclose all business interests and all relationships that could reasonably be considered to pose possible conflicts of interest in Respondent’s performance of the contract obligations. In addition, respondents must represent and warrant in the response to this RFQ and in the Contract that in the performance of services under the Contract, (1) Respondent does not have and will not have any actual or potential conflict of interest, and (2) Respondent will take whatever reasonable actions may be necessary and prudent to avoid even the appearance of impropriety.

5.16 RIGHT TO AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under a contract or indirectly through a subcontract under the Contract.

The acceptance of funds under a contract or subcontract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php mailto:Nicole.Campbell@twdb.texas.gov

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5.17 CONTRACT ADMINISTRATION

TWDB will designate a project manager for the Contract. The project manager will serve as the point of contact between TWDB and the selected Contractor. The TWDB project manager will supervise TWDB's review of Contractor’s technical work, deliverables, draft reports, final report, payment requests, schedules, financial and budget administration, and similar matters. The project manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way, or waive strict performance of the terms or conditions of the Contract.

5.18 CONTRACT AMENDMENT/TERMINATION

Any contract resulting from this Solicitation may be altered or amended by mutual written consent or terminated by the Executive Administrator at any time by written notice to Contractor. Upon receipt of such termination notice, Contractor must, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of the Contract and promptly cancel all existing orders chargeable to the Contract. Contractor must submit a statement showing in detail the work performed under the Contract to the date of termination. TWDB will pay Contractor for the work actually performed under the Contract, less all payments that have been previously made. Thereupon, copies of all work accomplished under the Contract must be delivered to TWDB.

5.19 STOP WORK ORDER

The Executive Administrator may issue a Stop Work Order to Contractor at any time.

Upon receipt of such order, Contractor must discontinue all work under the Contract and…