ESBD_File_347895_RFP X0001278 Bilge Reclamation Tank Removal & Replacement Cove Harbor.pdf

Texas General Land Office -i- RFP No. X0001278-MK

TEXAS GENERAL LAND OFFICE

is

REQUESTING COMPETITIVELY SEALED PROPOSALS

for

Bilge Reclamation Tank Removal and Replacement on Cove Harbor Aransas County, Texas

REQUEST FOR PROPOSALS NO. X0001278-MK

Class 959 / Item 00; Class 912 / Item 40; Class 929 / Item 74;

Class 958 / Item 87; Class 968 / Item 78

Release Date: January 12, 2024 Deadline for Submission: February 7, 2024 at 2:00 p.m. CT

Solicitation Point of Contact: Mike Klepfer, CTCD, CTCM

Mike.Klepfer@Glo.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all Respondents in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Mike.Klepfer@Glo.Texas.Gov http://www.txsmartbuy.com/esbd

Texas General Land Office -ii- RFP No. X0001278-MK

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

2.2.3 Environmental and Wildlife Protection

2.2.4 Permits and Fees

2.2.5 Site Visit/Inspection

2.3 CONTRACT TERM

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.2.5 Pre-Proposal Site Visits (Optional)

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

4.2 SHORT LIST

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 TECHNICAL PROPOSAL

5.3 PAST PROJECTS

5.4 MAJOR SUBCONTRACTOR INFORMATION

5.5 LITIGATION HISTORY

5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

5.7 CONFLICTS

5.8 SAFETY INFORMATION

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

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7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 INSURANCE

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 PROTEST

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

7.4.2 Affirmations and Solicitation Acceptance

7.5 VENDOR PERFORMANCE REPORTING

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

EXHIBIT C. CONTRACTOR’S PROPOSAL FORM ......................................................... C-1

Texas General Land Office -1- RFP No. X0001278-MK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks a highly skilled contractor for Bilge Reclamation Tank Removal and Replacement on Cove Harbor in Aransas County, Texas (the “Project”). The Project consists of the demolition, disposal, and replacement of a 5,000 gallon bilge reclamation tank. The Cove Harbor bilge tank is used for separation and storage of all Aransas County bilge pumpouts. The Project is considered a high priority to the GLO as the operation of the Aransas County bilge removal contract is dependent on this tank’s full operation.

The GLO will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation, in accordance with applicable federal, state, and local laws, rules, and regulations and in accordance with terms and conditions outlined in the Sample Contract attached hereto as Exhibit B. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Proposals issued by the General Land Office. 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.

“BAFO” means Best and Final Offer.

“Base Time” means the number of calendar days proposed by Contractor on the Contractor’s Proposal Form to achieve substantial completion of the Project.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract which may include without limitation, this Solicitation, and all bonds and insurance.

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

http://www.glo.texas.gov/

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“Contract Time” means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.

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

“CPF” means the Contractor’s Proposal Form.

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

“GLO” means the Texas General Land Office.

“HUB” means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code.

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

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

“Owner” means the Texas General Land Office.

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

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

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

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

1.3 AUTHORITY

The GLO is soliciting the services listed herein under Tex. Gov't Code 2155.147; Tex. Nat.

Res. Code Ch. 33, Subchapter H.; Tex. Gov't Code Title 10, Subtitles D and F; 34 Tex.

Admin Code Sec. 20.82(d)(4)(D). Natural Resources Code Chapter 40 Sec. 40.304.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The scope of work for the Project includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the work for the Project. Work items include, but are not limited to, the following:

• Contractor will be responsible for the demolition, removal, transportation, and disposal of the Cove Harbor bilge 5,000-gallon poly tank located at 149 Cove Harbor South Cul-de-sac, Rockport, TX 78382.

• The tank must be replaced with a black 102” diameter by 152” tall high density polyethylene resin heavy duty design able to with stand material with a specific gravity of 1.9 (15.8 pounds per gallon) 5,000-gallon oil storage tank.

• The removal and replacement of the tank will require heavy machinery to lift and remove the old tank and install the new tank.

• The installed tank must be modified to match current tank configuration with all connections.

• Project will include disposal of associated debris and residual fluids/sludge at appropriate certified waste facilities, to include waste manifests, certificates of disposal, and/or landfill receipts.

• Project will be conducted following all standard industry safety standards.

• Contractor will provide all necessary documentation for end point disposal, including, but not limited to, load tickets, disposal certificates, time logs and invoices.

• Respondent must develop and submit with its Solicitation Response a realistic schedule for the completion of the required plans and documents, based on available manpower. Respondent must include its proposed project schedule with the Solicitation Response.

The tank is located in a gated area with a 2’ concrete containment and a 6’ security fence. Interested Respondents are encouraged to schedule a pre-bid site visit. See Section 3.2.5 for details on access to the site.

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

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2.2.2 OSHA Compliance

In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

2.2.3 Environmental and Wildlife Protection

Special work procedures are required to address protection of the sensitive coastal environment, including wildlife inhabiting the Project area.

2.2.4 Permits and Fees

Solicitation Responses must provide for the application for and securing of all permits that will not be acquired by the GLO, and for all inspection and license fees required for the Project.

2.2.5 Site Visit/Inspection

Respondent shall be responsible for having full and complete knowledge of the conditions of the Project site. Therefore, before submitting a proposal, Respondent is strongly encouraged to visit the site and assess the work to be performed. If necessary, Respondent shall secure any additional information that may be required for a clear and full understanding of the work to be performed from the GLO point-of-contact listed in Section 3.2.1. See Section 3.2.5 for details on access to the site.

2.3 CONTRACT TERM

The selected Contractor shall not begin any work under any contract resulting from this Solicitation until receipt of a Notice to Proceed (“NTP”) from the GLO. The Contract is effective on the date of the last signature, anticipated April 12, 2024, and expires on August 31, 2024. The GLO, at its own discretion, may extend any contract awarded pursuant to this Solicitation, subject to terms and conditions mutually agreeable to both parties.

All changes in the scope of work, the Contract Sum and/or the Contract Time shall be documented by a change order.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation January 12, 2024

Pre-Proposal Site Visit (Optional) January 15, 2024 to January 19, 2024

Deadline for Submitting Questions January 23, 2024

Anticipated Release Date of Answers to Questions January 26, 2024

Deadline for Submission of Solicitation Responses February 7, 2024 at 2:00 p.m. CT

Evaluation Period February 8, 2024 to February 29, 2024

Anticipated Contractor Selection and Notice of Intent to Award March 5, 2024

Anticipated Contract Negotiation and Execution March 6, 2024 to March 27, 2024

Anticipated Deadline for Bonds and Insurance March 29, 2024

Anticipated Notice to Proceed April 12, 2024

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.com/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

Name: Mike Klepfer, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800.998.4456 or 512.475.3504 Email: Mike.Klepfer@glo.texas.gov http://www.txsmartbuy.com/sp mailto:Mike.Klepfer@glo.texas.gov

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If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800.998.4456 or 512.475.5147 Email: Sarah.Bergmann@glo.texas.gov

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted.

a. Identifying Solicitation number in email subject

b. Section number

c. Text of passage being questioned

d. Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

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

3.2.2 above, the GLO, 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 or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Sarah.Bergmann@glo.texas.gov

Texas General Land Office -7- RFP No. X0001278-MK

3.2.5 Pre-Proposal Site Visits (Optional)

The GLO will host optional pre-proposal site visits the week of January 15, 2024 through January 19, 2024 upon request. A pre-proposal site visit is optional;

however, Respondents are strongly encouraged to visit the site and assess the work to be performed and all Respondents are invited to attend.

Pre-registration for a site visit is required.

To register for a site visit, e-mail Mike Klepfer at Mike.Klepfer@glo.texas.gov at least 24 hours in advance with a proposed time and date for your site visit.

a. E-mails must include the name, e-mail address and phone number of the

Respondent representative and provide a list of staff who will attend.

b. Respondent will receive an email confirmation of the site visit time and date.

c. Respondents that do not pre-register for site visits will not be granted access to the facilities.

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

a) One Proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file;

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Respondent(s) will be assumed to have visited the proposed work site, and to have understood all existing conditions and measurements. Respondent(s) shall include in its CPF a base price amount sufficient to cover all work, including, but not limited to, all permits and fees.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

mailto:Mike.Klepfer@glo.texas.gov

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3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 25 pages in length. Exhibit A, signed acknowledgments of Addenda, past projects, résumés and Exhibit C, Contractor’s Proposal Form are considered supporting documentation and are not included in the page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses using the following Box™ link:

Upload Solicitation Responses to Box

Or https://txglo.app.box.com/f/67aa893eafb543bc98ca16ee9ee1d64a

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

https://txglo.app.box.com/f/67aa893eafb543bc98ca16ee9ee1d64a

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code, and Chapter 2269 of the Texas Government Code.

The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas.

“Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, Sections 2155.074 and 2156.007.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have been in the general and/or coastal construction business in the last five years for a minimum of five (5) years, or the principals/owners must have had ownership/executive management experience in a previous company that provided general and/or coastal construction services for a minimum of five

(5) years, and;

4.1.2.2 Respondent shall have demonstrated experience in meeting completion dates and construction schedules.

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Cost (40%);

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4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (30%);

4.1.3.3 Technical Proposal, including proposed methodology and schedule

(20%);

4.1.3.4 Safety record (5%); and

4.1.3.5 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

The GLO assembles an evaluation committee to evaluate each responsive Solicitation Response. Each evaluator completes one evaluation worksheet for each response. The evaluator evaluates each proposal individually against the requirements of the solicitation document, and not against other responses. The evaluator assigns the number of points he or she believes each Solicitation Response merits out of the possible points indicated on the evaluation worksheet for each selection criterion. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. Each evaluator scores Solicitation Responses independently and impartially. Scores are not divulged between committee members until after they have been finalized, submitted, and compiled by the purchaser. Members may ask questions of the purchaser, agency legal counsel, and designated technical experts if they are unable to find information, do not understand information in a response, or require technical assistance. The purchaser averages all evaluators’ total scores for each Respondent to determine Respondent rankings.

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4.2 SHORT LIST

The GLO may develop a short list of finalists after an initial evaluation of the Solicitation Responses. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

4.5 CONTRACT AWARD

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

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation;

and

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f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

g) The company’s DUNS and SAM registration numbers (Respondent must have both registrations).

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of Respondent may also qualify as subcontractors. Please evaluate your Key Staffing Profile accordingly.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, schedule milestones, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three (3) non-GLO completed projects of similar type and size performed within the last five (5) years, preferably for federal, state and/or local government entities. Information provided shall include:

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a. Client name;

b. Project description;

c. Total dollar amount of project, including the funding sources (e.g., federal agency or program, federal grant, state funding) for each reference if that information is available;

d. Total project duration;

e. Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f. Client project manager name, telephone number, and e-mail address.

5.4 MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the activity that constitutes the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

If a major subcontractor will not be utilized for this Project, so indicate in the appropriate section of the Solicitation Response.

5.5 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

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5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code §2161.181 and §2161.182, and the GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

It is the policy of the General Land Office to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in compliance with Texas Government Code, §2161.001-253 and TAC Rule §20.285. Definitions for State of Texas HUB-certifiable businesses may be found under TAC Rule §20.282. The GLO encourages eligible Respondents to become State of Texas certified HUBs. State of Texas HUB applications may be found at:

https://texashub.gob2g.com. An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a HUB Subcontracting Plan (HSP) to be submitted with responses to this solicitation.

5.7 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

5.8 SAFETY INFORMATION

Respondent shall provide its workers’ compensation experience modification rate (EMR) for the last five years. Respondents should submit this information on their insurance carrier’s signed letterhead. Also, please submit the name and job title of the person in your organization who manages your safety program, and a description of that program. A copy of your safety manual may also be required. The safety manual will become part of the contract if your Solicitation Response is selected.

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ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a cost proposal on Exhibit C, Contractor’s Proposal Form (CPF), and return it with the other documents required of this Solicitation. In it’s CPF, Respondent shall disclose any assumptions about the Project that Respondent relied on in developing the cost proposal.

The cost proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting Contract.

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ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO/VLB is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO/VLB by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that

Texas General Land Office -18- RFP No. X0001278-MK proprietary or confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above.

Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, 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.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO/VLB, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO/VLB. Respondent shall make any information required under the PIA available to the GLO/VLB in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO/VLB for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO/VLB’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

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7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

7.2 INSURANCE

7.2.1 Required Coverages

For the duration of any contract resulting from this Solicitation, Contractor shall carry insurance for the duration of the contract, in accordance with and in the types and amounts indicated Attachment C of the Sample Contract. The GLO, its officers, employees, and authorized agents shall be named additional insureds for all liability arising under the contract, except on Worker’s Compensation and Professional Liability policies. The required coverage is to be written with companies licensed in the State of Texas, with an “A-” rating or better from A.M. Best, and authorized to provide the corresponding coverage. Work on any contract shall not begin until after Respondent has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

7.2.2 Alternative Insurability

Notwithstanding the preceding, the GLO reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the GLO alternative methods of insuring the contract. Any alternatives proposed by

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Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The GLO shall be the sole and final judge as to the adequacy of any substitution form of insurance coverage.

7.3 PROTEST

Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with Title 31, Section 3.50 of the Texas Administrative Code.

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

Exhibit B, Sample Contract, is the standard contract form used by the GLO for major construction services and includes the terms and conditions to which each Provider must substantially agree for the GLO to enter into a contract with Provider;

please carefully review the terms and conditions therein. The terms and conditions in Exhibit B are subject to modification by the GLO prior to the execution of any contract that may result from this Solicitation. The GLO may, in its sole discretion, engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so.

Each final contract must substantially conform to the terms and conditions shown in Exhibit B. Each final contract must also include all contract provisions required by applicable laws and regulations, which may include, without limitation, all contract provisions prescribed in Title 10, Subtitles D and F of the Texas Government Code and all contract provisions prescribed in the Texas Comptroller of Public Accounts’ “State of Texas Procurement and Contract Management Guide.” Substantial contract revision requests or unreasonably protracted contract negotiations may result in a termination of negotiations with Provider and rescission of a contract award.

7.4.2 Affirmations and Solicitation Acceptance

Execution of Exhibit A of this Solicitation, Affirmations and Solicitation Acceptance, shall constitute an agreement to all terms and conditions specified in this Solicitation, including, but not limited to, Exhibit B, Sample Contract.

7.5 VENDOR PERFORMANCE REPORTING

The GLO is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A Respondent’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075 and 2156.125. The GLO may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of the GLO, and any negative findings, as determined by the GLO, may result in non-award to the Respondent.

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

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ARTICLE VIII. SUBMISSION CHECKLIST

This checklist is provided for Respondent’s convenience only and identifies documents that must be submitted with this Solicitation to be considered responsive. Any Solicitation Responses received without these requisite documents may be deemed nonresponsive and may not be considered for contract award.

A COMPLETE SOLICITATION PACKAGE SHALL INCLUDE:

1. Part 1 – Proposal (one .pdf file)

PART 1 – PROPOSAL

Please present documents in the following order:

1. Exhibit A, Affirmations and Solicitation Acceptance ___

• If Respondent is a Corporation or other legal entity, attach a corporate resolution or other appropriate official documentation, which states that the person signing this Solicitation Response is an authorized person that can legally bind the corporation or entity.

• Attach proof of registration with the Texas Secretary of State.

• Attach a copy of IRS Letter 147C, Verification of Employer Identification Number, or any IRS document listing both the EIN and entity name on IRS letterhead.

2. Signed Acknowledgments of Addenda (if applicable) ___

3. Summary of Minimum Qualifications (Section 4.1.2) ___

4. Company Narrative (Section 5.1.1) ___

5. Company Profile (Section 5.1.2) ___

6. Key Staffing Profile (Section 5.1.3) ___

7. Technical Proposal (Section 5.2) ___

8. Past Projects (Section 5.3) ___

9. Major Subcontractor Information (if applicable) (Section 5.4) ___

10. Litigation History (if applicable) (Section 5.5) ___

11. Conflicts (if applicable) (Section 5.7) ___

12. Safety Information (Section 5.8) ___

13. Exhibit C, Contractor’s Proposal Form (Section 6.1) ___

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EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Exhibit A General Affirmations and Solicitation Acceptance

Revised 6/8/2020 Page 1

GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Execution of this Exhibit A, constitutes an agreement to all terms and conditions in the Solicitation, including, without limitation, this Exhibit A.