ESBD_File_347858_01. RFP-24-001.pdf

PURCHASING DEPARTMENT

200 TECHNOLOGY WAY SUITE 1151

COLLEGE STATION, TEXAS 77845-3424

RFP NUMBER

RFP-24-001

Texas A&M Forest Service Wildfire Community Hazard Mitigation Planning Tool

PROPOSAL MUST BE RECEIVED BEFORE:

February 9, 2024 @ 2:00 P.M. CENTRAL TIME (CT)

EMAIL PROPOSAL TO:

bids@tfs.tamu.edu

Show RFP Number, Opening Date, and Time in subject line of email

NOTE: PROPOSAL must be time stamped at the Texas A&M Forest Service Purchasing Department before the hour and date specified for receipt of proposal.

REQUEST FOR PROPOSAL

REFER ALL INQUIRIES TO:

Charles Cavanaugh, CTCD, CTCM

Buyer

Texas A&M Forest Service Purchasing Department Phone: 979-458-7383

Email:

charles.cavanaugh@tfs.tamu.edu mailto:bids@tfs.tamu.edu mailto:charles.cavanaugh@tfs.tamu.edu

SECTION 1

INTRODUCTION

1.1 DEFINITIONS

Whenever the following terms are used in any part of this Request For Proposal (RFP) the intent and meaning shall be interpreted as follows:

• Agreement / Contract shall mean the contractual agreement entered into between the Texas A&M Forest Service and the Seller as a result of this RFP. An agreement shall consist of the following documents, listed in order of precedence: TEXAS A&M FOREST SERVICE purchase order, this RFP, Texas A&M Forest Service Terms and Conditions, Vendor’s accepted response to this RFP.

• Business Day shall mean Monday through Friday, excluding holidays.

• Calendar Day shall mean each/every day, including weekends, holidays.

• HUB shall mean Historically Underutilized Business as certified by the State of Texas.

• Proposer / Respondent shall mean the individual, partnership, corporation, or other entity that submits a response to this RFP.

• RFP shall mean Request for Proposal.

• Seller / Contractor / Vendor shall mean the individual, partnership, corporation, or other entity awarded a contract or agreement for labor or for equipment and supplies under this RFP in accordance with the terms, conditions, and requirements herein.

1.2 Introduction

Wildfire mitigation is a complex issue, especially in a state as large and diverse as Texas. A 2015 analysis revealed that one-third of the state, approximately 58.3 million acres, faces a significant risk of wildfires. Between 2010 and 2020, Texas experienced 132,457 wildfires that burned 6,928,417 acres, destroying 3,982 homes. Many factors contribute to the increasing frequency and severity of wildfires, such as rapid development in the Wildland Urban Interface (WUI), changes in land use, shortages of programs to reduce hazardous fuels, persistent drought conditions, and prolonged fire seasons.

Many communities across the state lack the resources or technical expertise to write and implement Community Wildfire Protection Plans (CWPPs) because of the significant effort, advanced technical requirements, and data resources required. Likewise, very few Texas local governments have a full understanding of how to successfully implement planning strategies for wildfire risk reduction.

The Texas A&M Forest Service seeks to significantly improve this situation by developing the ‘Wildfire Community Hazard Mitigation Planning’ tool (Wildfire CHaMP). This online tool will assist stakeholders in creating and updating sustainable and comprehensive wildfire mitigation plans that will provide a foundation to save lives and properties, establish fire-adapted communities, and restore and maintain fire resilient landscapes. Moreover, it will help communities to meet grant eligibility requirements for financial assistance. For instance, the USDA Forest Service recently announced that to qualify for the new Community Wildfire

Defense Grants, applicants need to have a current Community Wildfire Protection Plan (CWPP) in place.

This document outlines the requirements and expectations for the implementation and development of the Texas A&M Forest Service ‘Wildfire Community Hazard Mitigation Planning Tool’. We are seeking proposals from qualified proposers with expertise in agile, geospatially enabled, web software applications development with a primary focus on wildfire prevention and mitigation, as well as wildfire risk assessments and derived products.

We encourage proposals that provide creative and innovative solutions that align with the agency's mission, vision and strategic goals. We look forward to reviewing your proposals and working with the selected seller/contractor to create a website that meets the needs of our agency and stakeholders.

1.3 Scope of Proposal

Successful seller/contractor shall develop an agile, geospatially enabled, web software application that is:

1.3.1 Compatible and integrated with the Texas Wildfire Risk Assessment.

1.3.2 User-friendly with an aesthetically pleasing design that integrates technical aspects such as user experience, performance, accessibility, and brand awareness;

1.3.3 Engaging, educative, and collaborative;

1.3.4 Accessible across various browsers and devices, ensuring a consistent and reliable user experience regardless of the platform used;

1.3.5 Scalable, adaptable, and cost effective; and

1.3.6 Secure and compliant with industry regulations and standards.

1.4 Contract Term

The original contract period for an agreement resulting from this RFP will begin upon issuance of purchase order and continue through the end of the post-launch support as described below.

1.4.1 The application shall be designed, developed, and launched within 24 months after the purchase order is issued.

1.4.2 Texas A&M Forest Services reserves the option to enter into a Service Level Agreement

(SLA) (reference paragraph 2.1.3 RFP) with Seller/Contractor for hosting, training, support, and maintenance, or move hosting to the Texas A&M Forest Service site.

1.4.3 The post launch support and hosting may be extended for up to two additional 12-month periods.

1.4.4 Any extensions will be separate and consecutive, and shall be under the same pricing, terms, and conditions as that of the original agreement, including any amendments allowed by the original agreement.

1.4.5 Any extensions are contingent upon written approval by TEXAS A&M FOREST SERVICE and the Seller/Contractor provided that such renewal is executed prior to the expiration date of the original contract period or any preceding renewal period as applicable.

SECTION 2

REQUIREMENTS FOR STATEMENT OF WORK

2.1 STATEMENT OF WORK

2.1.1 The successful seller/contractor shall be responsible for developing an agile, geospatially enabled, web software application that:

2.1.1.1 Is compatible with and fully integrated with the Texas Wildfire Risk Assessment Portal.

2.1.1.2 Meets or exceeds the accessibility requirement outlined in the Texas Administrative Code (TAC) 206, Subchapter C. For each electronic and information resource (EIR) product or service subject to TAC 206, Subchapter C, the Vendor shall provide documentation of how each requirement of specification is met. The Vendor shall provide the information in a Voluntary Product Accessibility Template (VPAT) to document conformance to the applicable WCAG standards.

2.1.1.3 Provides intuitive, user-friendly and sustainable information architecture and navigation structure.

2.1.1.4 Is designed and optimized to be responsive and perform well on mobile devices and all browsers.

2.1.1.5 Enables data and mapping features to be shared and integrated by other external applications, particularly ArcGIS Online.

2.1.1.6 Follows the Texas A&M AgriLife website guidelines as outlined at this link:

LINK.

2.1.1.7 Incorporates the following technical specifications:

2.1.1.7.1.1 Adhere to Texas A&M AgriLife’s best practices for implementing internally developed scripts.

2.1.1.7.1.2 If Application Programming Interface (API) functionality is involved, provide interface and implementation documentation.

2.1.2 APPLICATION REQUIREMENTS:

Texas A&M Forest Service seeks an application that provides tools for collaboration among state, federal, and local entities, including individuals and organizations in the community.

The goal is to create, manage, and maintain Community Wildfire Protection Plans in an engaging, collaborative, efficient, dynamic, and continuous manner that ensures the development of a living document. This document will be subject to periodic revisions and updates, reflecting the evolving needs and priorities of the community, as well as the changes in landscape and wildfire risk.

The application will also include sharing capabilities that will enable effective communication with fire service professionals and other stakeholders. This functionality will help ensure the operational and tactical utilization of all the information and data to enhance the overall effectiveness of wildfire response and management efforts.

https://agrilife.tamu.edu/website-training-resources/

The proposal shall take under consideration the following components:

2.1.2.1 FOCUS AREA MANAGER

The Focus Area Manager component will serve as the primary framework within the application, facilitating the management of focus areas (e.g., counties, communities, and fire districts) and providing a comprehensive overview of statewide efforts to support effective planning and collaboration. This feature will be instrumental in identifying these areas, delineating their boundaries, and highlighting the concerns, goals, and objectives associated with each.

Moreover, it will have the capability to generate comprehensive and relevant statistics specific for each area by ingesting data from diverse datasets, including but not limited to demographics, values-at-risk, and those in the Texas Wildfire Risk Assessment and the FireConnect database. Additionally, it will incorporate the assessment data collected through the Community Assessor application.

It also will provide a mechanism to track discussions among all stakeholders participating in the development of the Community Wildfire Protection Plan for the focus area.

2.1.2.2 STRATEGIES MANAGER

The Strategies Manager component will provide tools to collaboratively define, group, and prioritize ideas or mitigation strategies aimed at achieving the goals and objectives identified within each focus area. These strategies will serve as the basis for implementing concrete initiatives and action items to reduce the risk and impact of wildfires on communities, ecosystems, and infrastructure.

2.1.2.3 COLLABORATIVE ENGAGEMENT TOOL

The Collaborative Engagement Tool will focus on connecting, educating, and empowering stakeholders with capabilities to promote collaboration and incorporate their local knowledge into the plan.

It will focus on mapping and identifying response resources, hazards, and specific locations or areas of concern that present a risk to highly valued assets or limit response capacity. Additionally, it will support mapping locations where mitigation strategies should be implemented. This functionality includes integration with the Texas Wildfire Risk Assessment Portal, enabling the ingestion of the mitigation strategies derived from the assessments conducted through the Community Assessor application.

Additionally, the tool will provide stakeholders with an interface to provide feedback and prioritize ideas.

2.1.2.4 PLAN WRITER

The Plan Writer component will offer dynamic and collaborative tools for creating and editing plans in rich text format. Plan editors will have the option to use a predefined template or write a plan from scratch and optionally save it as a template for future use. It will also support importing data and information from other components of the application and the Community Assessor application.

Additionally, it will enable editors to preview the final document, export it to Word/PDF formats, or share it. Completed plans will be stored within the application to facilitate future access, providing the option to either download them or view them directly in the browser.

2.1.2.5 IMPLEMENTATION MANAGER

The Implementation Manager component will set focus on defining, planning, managing, and tracking the status of the projects, activities, and events derived from the mitigation strategies identified in the Strategies Manager component, along with their associated financials.

2.1.2.6 DASHBOARDS

Dashboards will provide a user-friendly interface for real-time monitoring and visibility of key metrics depicting the impact of Community Wildfire Protection Plans. This will provide a cohesive picture of the strategic planning initiatives and wildfire hazard mitigation efforts statewide.

2.1.3 OPTIONAL LINE ITEMS:

TEXAS A&M FOREST SERVICE may award the following item if financially feasible.

Price tabulation for award of application development purchase order will exclude the line items in this section.

2.1.3.1 SERVICE LEVEL AGREEMENT

Texas A&M Forest Services may consider entering into an SLA with Seller/Contractor for hosting, training, support, and maintenance. The SLA will encompass pricing for hosting of the application, training, support, and maintenance.

2.2 Pricing

2.2.1 The Proposer shall complete the Pricing Schedule and submit it with the response using Excel format. Proposer shall use the provided form. Do not re-create the form.

2.2.2 All prices quoted shall be all-inclusive regarding any and all costs including, but not limited to, travel expenses, shipping, postage, fees, licensing, bonding, and any other applicable charges required for the completion of the project as specified.

2.2.3 At the time of contract award, Seller/Contractor and TEXAS A&M FOREST SERVICE will determine a payment schedule for the development of the software based on milestones. Seller/Contractor may invoice for partial payment once each milestone has been achieved and delivered to Texas A&M Forest Service.

SECTION 3

PROPOSAL SELECTION AND EVALUATION CRITERIA

3.1 Proposal Selection

3.1.1 Selection of the successful proposal in response to this RFP will be made using the competitive sealed proposal process. The selection of the successful proposal may be made by TEXAS A&M FOREST SERVICE on the basis of the proposals initially submitted, without discussion, clarification, or modification. Alternatively, selection of the successful proposal may be made by TEXAS A&M FOREST SERVICE on the basis of negotiation with any of the proposers. TEXAS A&M FOREST SERVICE shall not disclose any information derived from the proposals submitted by competing proposers in conducting such discussions.

3.1.2 At TEXAS A&M FOREST SERVICE’ sole option and discretion, TEXAS A&M

FOREST SERVICE may discuss and negotiate all elements of the proposals submitted by selected proposers within a specific competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposals. Further action on proposals not included within the competitive range will be deferred pending the selection of the successful proposal;

however, TEXAS A&M FOREST SERVICE reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of TEXAS A&M

FOREST SERVICE.

3.1.3 After submission of proposal, but before final selection of the successful proposer is made, TEXAS A&M FOREST SERVICE may permit a proposer to revise its proposal in order to obtain the proposer’s best and final offer. TEXAS A&M FOREST SERVICE will provide each proposer within the competitive range with an equal opportunity for discussion and revision of its proposal.

3.2 Evaluation Information

3.2.1 TEXAS A&M FOREST SERVICE will utilize an evaluation team for the evaluation of this RFP. The evaluation will include the overall response to the RFP. TEXAS A&M FOREST SERVICE must be confident that the respondent’s proposal will meet the needs of TEXAS A&M FOREST SERVICE. TEXAS A&M FOREST SERVICE will evaluate and make the award on the proposal that is determined to be the best value to the agency.

3.2.2 All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of the RFP, TEXAS A&M FOREST SERVICE alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award. TEXAS A&M FOREST SERVICE is not bound to accept the lowest fee proposal if that proposal is not the best value to the agency as determined by TEXAS A&M FOREST SERVICE. TEXAS A&M FOREST SERVICE alone shall determine “best value” to the agency and TEXAS A&M FOREST SERVICE’ judgment in this regard shall be considered final.

3.2.3 TEXAS A&M FOREST SERVICE may require a demonstration/presentation by proposer(s). During the evaluation, TEXAS A&M FOREST SERVICE may request an on-site or virtual demonstration/presentation. TEXAS A&M FOREST SERVICE reserves the right to consider the demonstration/presentation in the evaluation criteria.

3.2.4 TEXAS A&M FOREST SERVICE reserves the right to reject any and all proposals.

Evaluation Criteria and Weights

Each proposal shall be evaluated on the ability to meet the requirements and to provide the best value to the Texas A&M Forest Service. Each proposal shall be evaluated by assigning points to each of the items listed below. The evaluation will be based on the following system:

Criteria Possible Points

Experience, certifications, qualifications, financial 20 standing, and past performance including experience in similar projects

Quality and reliability of goods and services, 20 and extent to which goods and services meet the needs of TEXAS A&M FOREST SERVICE

Understanding of project scope and ability 35 to meet TEXAS A&M FOREST SERVICE deadlines

Pricing 20

References 5

TOTAL 100

3.3 Proposer’s Acceptance

By submitting a proposal in response to this RFP, Proposer agrees to all terms and conditions, specifications, and all other requirements set forth in this RFP, including the selection, evaluation, and award process and further accepts the Texas A&M Forest Service’s judgment and decision of award.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by the Texas A&M Forest Service Purchasing Office no later than 2:00 p.m. Central Time (CT), February 9, 2024

Proposals are to be submitted to:

EMAIL PROPOSAL TO:

bids@tfs.tamu.edu

Show RFP Number, Opening Date, and Time in subject line of email (i.e., RFP-24-001, opening February 9, 2024 @ 2pm)

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to Proposer unopened.

Telephone and/or facsimile (fax) proposals are not acceptable under any circumstances.

4.2 Notice of Texas A&M Forest Service Holiday(s)

No Texas A&M Forest Service holidays will affect this schedule.

4.3 Submittal Instructions

4.3.1 Proposal responses including Execution of Offer (Section 8) must be signed by proposer’s company official authorized to commit to such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification.

4.3.2 One (1) signed complete proposal response is required.

4.4 Special Requirement for Responding Proposers

TEXAS A&M FOREST SERVICE is seeking to enter into an agreement with a qualified and experienced provider for agile, geospatially enabled, web software applications development with a primary focus on wildfire prevention and mitigation, as well as wildfire risk assessments and their derived products.

NOTE: Any proposal that TEXAS A&M FOREST SERVICE determines does not clearly demonstrate the above minimum requirement will not be acceptable and will not be considered for further evaluation for award.

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of proposer’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Proposers are requested to submit a proposal that represents their “best offer” as the Texas

A&M Forest Service does not anticipate utilization of the “Best and Final Offer” process.

4.5.3 Proposal text is to be typed single-spaced. All pages shall be legible when printed on 8 ½ inch × 11-inch paper with all pages numbered sequentially and tabbed appropriately to identify each evaluation criteria.

mailto:bids@tfs.tamu.edu

4.5.4 The following documents are to be submitted in as part of the proposal response:

• Completed and signed Execution of Offer.

• Copy of proposer’s written Civil Rights “Affirmative Action Compliance Program” or a statement as to why the proposer is not required to have such written program.

• Copy of proposer’s Drug-Free Workplace policy.

• Completed Proposer’s Questionnaire.

• Copies of all addenda that may be issued for the RFP, signed by same authorized proposer representative which signs the Execution of Offer

• An executive overview that should be limited to approximately five (5) pages and that provides a concise overview of the services being offered to meet the requirements of this RFP, the proposer’s general approach to providing the services and deliverables, and documentation as to why the proposer is the best qualified.

• A statement of qualifications that includes:

a) Introduction—(content at the discretion of the proposer)

b) Company background—Must provide proposer’s relevant experience (years in business)

c) Qualifications—Information provided for professional and support staff and any subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar assessment work must be substantiated with current references.

d) Project management—Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP.

Contract and project managers, and key personnel shall be identified. Any subcontractors shall be identified, and the intended scope of their work detailed.

Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control.

Proposer’s data management and project tracking capabilities shall be described.

• References—Listing of a minimum of three (3) separate and verifiable references for which the proposer has performed or is currently performing comparable work in the quality and scope as that specified in this RFP. The listing must include (for each reference) company name, address, phone number, and contact person; project title, size, term, and performance period; and brief description of the work and deliverables provided.

• HUB Subcontracting Plan.

• Pricing Schedule (Excel format - as provided).

4.6 Texas A&M Forest Service Contact

All questions regarding this Request for Proposal must be directed in writing to:

Charles Cavanaugh, CTCD, CTCM

Buyer Email: charles.cavanaugh@tfs.tamu.edu Phone: 979-458-7383 Fax: 979-458-7386

The Texas A&M Forest Service specifically requests that Proposers restrict all contact and questions regarding this RFP to the above-named individual.

4.7 Inquires and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP, will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

NOTICE: A PRE-BID CONFERENCE TEAMS MEETING WILL BE HOSTED BY TEXAS

A&M FOREST SERVICE AT 2:00 PM CENTRAL TIME (CT) ON JANUARY 18, 2024:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 265 475 945 522 Passcode: 3Zi4Lx Download Teams | Join on the web Or call in (audio only) +1 512-387-8206,,14241519# United States, Austin Phone Conference ID: 142 415 19# Find a local number | Reset PIN

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS 2:00 P.M. CENTRAL TIME

(CT) ON JANUARY 23, 2024.

4.8 Open Records

Texas A&M Forest Service considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552) after a contract is awarded.

Proposers are hereby notified that Texas A&M Forest Service strictly adheres to all Statutes, court decisions, and the opinions of the Texas Attorney General regarding the disclosure of RFP information.

4.9 Terms and Conditions

The attached Texas A&M Forest Service Terms and Conditions revised 2/18/2020, and all other terms and conditions, and requirements contained in this RFP shall govern any purchase order issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to TEXAS A&M FOREST SERVICE may result in the disqualification of the proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations to remedies.

SECTION 5

ADDITIONAL TERMS AND CONDITIONS

5.1 General

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5.1.1 TEXAS A&M FOREST SERVICE reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" for TEXAS A&M FOREST SERVICE. Additionally, all Proposers are hereby notified that TEXAS A&M FOREST SERVICE shall consider all factors it believes to be relevant in the selection of the “best value” including but not limited to both subjective and objective criteria and the ability of Proposer to perform the requirements of this RFP.

TEXAS A&M FOREST SERVICE’ decision is final.

5.1.2 This RFP is a solicitation for proposals and is not a contract or an offer to contract. TEXAS

A&M FOREST SERVICE is not obligated to award a contract and reserves the right, at TEXAS A&M FOREST SERVICE’ exclusive option to: (1) enter into agreements or other contractual arrangements for all or any portion or portions of the requirements and specifications set forth is this RFP with one or more proposers; (2) reject any and all proposals and re-solicit proposals; or (3) reject any and all proposals and temporarily or permanently abandon the procurement, due to lack of funding or if deemed to be in the best interests of TEXAS A&M FOREST SERVICE.

Additionally, TEXAS A&M FOREST SERVICE reserves the right to make an award(s) and/or enter into an agreement(s) that stipulates options to purchase all or only specific parts of the items and/or services included in the awarded proposal(s) on an “as funded” or “as needed” basis.

By responding to this RFP, proposer fully understands, agrees, and accepts that award(s) and resulting agreement(s) for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.3 Proposals shall be valid for a minimum of ninety (90) days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

5.1.4 The proposer agrees to protect the State of Texas and TEXAS A&M FOREST SERVICE from claims involving infringement of patents or copyrights.

5.1.5 The proposer hereby assigns to TEXAS A&M FOREST SERVICE, any and all claims for overcharges associated with any contract resulting from this RFP that arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and that arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec.

15.01, et seq. (1967).

5.1.6 No substitutions or cancellations permitted without written approval of the TEXAS A&M

FOREST SERVICE.

5.1.7 Upon award, delivery shall be effective as stated unless Seller obtains approval from

TEXAS A&M FOREST SERVICE for late delivery. Delivery shall be made during normal working hours only unless TEXAS A&M FOREST SERVICE approves otherwise.

Delivery may be a factor in award.

5.1.8 Proposals and any other information submitted by the proposer in response to this RFP shall become the property of TEXAS A&M FOREST SERVICE.

5.1.9 Proposers electing to respond to this RFP are responsible for all costs incurred by proposer for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. TEXAS A&M FOREST SERVICE is not liable for any cost incurred by the proposer.

5.1.10 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by TEXAS A&M FOREST SERVICE at its option.

5.1.11 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted or filed in response to this RFP. However, upon written request by proposer, a proposal may be withdrawn or withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without TEXAS A&M FOREST SERVICE’ consent, which shall be based on Proposer’s written documentation evidencing a reason acceptable to TEXAS A&M FOREST SERVICE in its sole discretion.

5.1.12 Group Purchasing -- Successful proposer agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter-agency cooperation agreement(s) with the Texas A&M Forest Service.

5.2 Alternate Proposal

TEXAS A&M FOREST SERVICE reserves the right to consider alternate proposals submitted by proposers. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

5.3 Time of Performance

Time is of the essence in the rendering of services hereunder. Seller/Contractor agrees to perform all obligations and render services set forth per this RFP in accordance with the schedules herein and as mutually agreed upon between TEXAS A&M FOREST SERVICE and Seller during the term of any agreement resulting from this RFP. Seller will not be responsible for, or subject to default, because of any schedule changes or delays of deliverables that may be caused by the action(s) or non-action(s) of TEXAS A&M FOREST SERVICE.

5.4 Default

In the event that the Seller/Contractor fails to carry out or comply with any of the terms and conditions of the agreement with TEXAS A&M FOREST SERVICE, TEXAS A&M FOREST SERVICE may notify the Seller/Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) calendar days; and in the event that the Seller/Contractor fails to remedy such failure or default within the ten (10) calendar day period, TEXAS A&M FOREST SERVICE shall have the right to cancel the agreement upon ten (10) calendar days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not affect or relieve Seller/Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by TEXAS A&M FOREST SERVICE shall not limit any other right or remedy available to TEXAS A&M FOREST SERVICE at law or in equity.

5.5 Warranties

In addition to all warranties established by law, Seller hereby warrants and agrees that:

5.5.1 All goods and services covered by the agreement shall conform to the specifications, drawings, samples or other descriptions set forth in the agreement or otherwise furnished or adopted by TEXAS A&M FOREST SERVICE, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. TEXAS A&M FOREST SERVICE shall have the right of inspection and approval, and may, at Seller's/Contractor’s expense, reject and return nonconforming goods or require re-performance of services that are not in compliance with the requirements of the agreement.

Defects shall not be deemed waived by TEXAS A&M FOREST SERVICE' failure to notify Seller/Contractor upon receipt of goods or completion of services, or by payment of invoice.

5.5.2 All goods and services provided under the agreement shall meet or exceed the Safety Standards established and promulgated under the Federal Occupational Safety and Health Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the agreement.

5.5.3 All goods and services delivered pursuant to the agreement shall conform to standards established for such goods or services in accordance with any applicable federal, state, or local laws and regulations, unless otherwise indicated in the agreement.

5.5.4 TECHNOLOGY ACCESS CLAUSE—The seller/contractor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the seller/contactor represents and warrants to the Texas A&M Forest Service that the technology provided to the Texas A&M Forest Service for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. providing equivalent access for effective use by both visual and non-visual means;

2. presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and

3. being integrated into networks for obtaining, receiving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.

5.6 Agreement Amendments

Any agreement resulting from this RFP may be modified or amended as negotiated and/or mutually agreed upon by TEXAS A&M FOREST SERVICE and Seller. No modification or amendment to any agreement resulting from this RFP shall become valid unless agreed in writing and signed by both TEXAS A&M FOREST SERVICE and the Seller. All correspondence regarding modifications or amendments to the agreement must be forwarded to the TEXAS A&M FOREST SERVICE Purchasing Department for prior review and approval. Only the TEXAS A&M FOREST SERVICE Purchasing Department Head or his/her designee will be authorized to sign changes or amendments to any agreement resulting from this RFP.

5.7 Title, Risk of Loss, and Freight

The title and risk of loss of any goods shall not pass to TEXAS A&M FOREST SERVICE until the goods are actually received, taken possession of, and accepted by TEXAS A&M FOREST SERVICE at point of delivery. All goods furnished hereunder shall be delivered F.O.B.

Destination, Freight Prepaid and Allowed. Seller/Contractor shall be responsible for any and all freight claims.

5.8 Acceptance of Goods and Services

All goods furnished and all services performed under the agreement shall be to the satisfaction of

TEXAS A&M FOREST SERVICE and in accordance with the specifications, requirements, terms and conditions of this RFP and the agreement. TEXAS A&M FOREST SERVICE reserves the right to inspect the goods furnished or services performed, and to determine the quality, acceptability, and fitness, of such goods or services.

All goods and equipment furnished must be new and unused at the time of delivery. All equipment must be provided with a standard manufacturer’s warranty. Instructions, service, and parts manuals are to be furnished at no charge. All manuals must be in English.

Before full acceptance, all documentation on the project, as specified in Section 2, shall be provided.

5.9 Sales and Use Tax

TEXAS A&M FOREST SERVICE, as an agency of the State of Texas, is exempt from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. Do not include taxes in prices quoted for a proposal in response to this RFP.

5.10 Invoicing

Seller/Contractor shall submit one copy of an itemized invoice(s) to the designated invoice address showing the purchase order number and this RFP number. In case of a problem on a disputed invoice or charge, Seller/Contractor will provide necessary information (i.e., duplicate invoice, shipping information and proof of delivery) at no extra charge to TEXAS A&M FOREST SERVICE within five (5) business days of request for such information.

All credit memos will reflect the purchase order number, this RFP number, and the original invoice number in which the charge was initiated.

5.11 Reporting

Seller/Contractor will provide the Project Manager or his/her designee detailed progress and/or performance reports on a weekly, bi-weekly, or monthly basis as determined by TEXAS A&M

FOREST SERVICE.

Seller/Contractor may be required to have monthly conferences with a Technical Team, if such is appointed by TEXAS A&M FOREST SERVICE.

Seller/Contractor will provide other reports as may be required or requested.

5.12 Observance of TEXAS A&M FOREST SERVICE Rules and Regulations

Seller/Contractor agrees that at all times its employees will observe and comply with all regulations of the Texas A&M Forest Service, including but not limited to parking and security regulations.

5.13 Recall Notice

Seller/Contractor shall, immediately upon discovery of same, advise TEXAS A&M FOREST SERVICE of any and all required replacement/ modifications to equipment or component parts thereof or withdrawal of product by reason of safety hazard or recall regardless of the nature of same. Any verbal notification must be confirmed in writing within twenty-four (24) hours of such verbal notification. All such formal notices will be submitted to the Texas A&M Forest Service Purchasing Department.

5.14 Non-Disclosure and Sensitive Data

Seller/Contractor and TEXAS A&M FOREST SERVICE acknowledge that they or their employees may, in the performance of any agreement resulting from this RFP, come into the possession of proprietary or confidential information owned by or in the possession of the other party. Neither party shall use any such information for its own benefit or make such information available to any person, firm corporation, or other organizations, whether or not directly or indirectly affiliated with Seller or TEXAS A&M FOREST SERVICE unless required by law.

5.15 Publicity

No public disclosures or news releases pertaining to this RFP, or any details thereof, shall be made public without prior written approval of TEXAS A&M FOREST SERVICE.

Seller/Contractor agrees that it shall not publicize any agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs, video recordings, or logos of the TEXAS A&M FOREST SERVICE in connection with any sales promotion or publicity event without the prior written approval of TEXAS A&M FOREST SERVICE.

5.16 Severability

If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

5.17 Non-Waiver of Defaults

Any failure of TEXAS A&M FOREST SERVICE at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this RFP and any resulting agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of TEXAS A&M FOREST SERVICE at any time to avail itself of same.

5.18 License and Permits

Seller/Contractor will obtain and maintain at its own expense, and in its name, all necessary licenses and permits required to perform the services required herein.

5.19 Non-discrimination

Seller/Contractor and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, or veteran status in relation to (1) Seller’s employment practices; (2) the performance of Seller’s obligations under the agreement. In performing its obligations under the agreement, Seller shall be subject to and shall comply with all currently effective or subsequently promulgated polices on non-discrimination issued by either TEXAS A&M FOREST SERVICE or the Texas A&M University System.

Rehab Act, VEVRAA, Section 503:

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

5.20 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the proposer certifies that proposer is fully informed of, and in full compliance with its obligations under existing applicable federal laws and regulations, including, but not limited to:

- Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D));

- Civil Rights Act of 1991;

- Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

- Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250);

- Rehabilitation Act of 1973, as amended (41 CFR 60-741);

- Age Discrimination Act of 1975 (42 USC 6101 et seq.);

- Non-segregated Facilities (41 CFR 60-1);

- Drug-Free Workplace Act of 1988 (PL 100-690);

- Federal Procurement or Nonprocurement Programs (Executive Order 12549 and 12689);

- Bryd Anti-Lobbying Amendment (31 USC 1352);

- Clean Air Act of 1970 (42 USC 7401 et seq.);

- Federal Water Pollution Control Act (33 USC 1251 et seq.);

- Omnibus Reconciliation Provision, Section 952;

- Fair Labor Standards Act of 1938, Sections 6 ,7, and 12, as amended;

- Americans with Disabilities Act of 1990 (42 USC 12101 et seq.);

- Immigration Reform and Control Act of 1986;

- Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507);

- Federal Occupational Safety and Health Law (PL 91-596) including its regulations in effect or proposed as of the date of the agreement; and

- OSHA Statement – Vendor represents and warrants that all articles and services covered by this document meet or exceed the safety standards established and promulgated under Federal Occupational Safety and Health Law (Public Law 91:596) and its regulations in effect or proposed as of the date of this document.

- Certification of Non-segregated Facilities of Equal Employment Opportunities Compliance – If this transaction exceeds $10,000 or if the seller anticipates or has a history of exceeding $10,000 in sales to the Texas A&M Forest Service within any continuous twelve (12) month period, the acceptance of this document will signify their compliance with the provisions of Section 202 of Executive Order no.

11246 pertaining to Equal Employment Opportunities effective September 24, 1965 and its amendment Executive Order no. 11375 effective October 13, 1967 insofar as Section 202 is affected by changing the word “creed” to “religion” and by adding the word “sex”. The signing will also service as written affirmation of the following Certification of Non-segregated Facilities. By the acceptance of this document, the proposer, offeror, applicant, or subcontractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control, where segregated facilities are maintained. They certify further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform services at any location under their control where segregated facilities are maintained. The proposer, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification the term “segregated facilities” means any waiting room, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or otherwise. They further agree that (except where they have obtained identical certifications from proposed subcontractors for specific time periods) they will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, that they will retain such certifications in their files and that they will forward the following notice to such subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods).

- A Certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or all subcontracts during a period (i.e., quarterly, semiannually, or annually).

Note: The penalty for making false statements in offers is prescribed in 18 U/S.C. 1001.

- Affirmative Action Compliance – In addition to the above certification, if this transaction exceeds $50,000 the seller must have included as part of the bid a copy of their written Civil Rights “Affirmative

Action Compliance Program”. If the proposer is not required to have such a written program, they must have so stated on the bid form indicating the reason it is not required. Paragraph 60.741.4 of Title 41 of Part 60-741 Affirmative Action Obligations of Contracts and Subcontracts for Handicapped Workers is incorporated by reference for all contracts of $3,500 or greater.

- This contract for goods and/or services incorporates by reference the equal employment opportunity clause provisions of Executive Order no.