ESBD_File_354355_RFQ_580-24-RFQ-0017_ Brackish GW Exploration Project.pdf

REQUEST FOR QUALIFICATIONS NO. 580-24-RFQ-0017

FOR

SERVICES TO SURVEY STAKEHOLDERS WITH

BRACKISH GROUNDWATER EXPLORATORY PROJECTS

CLASS-ITEM CODE(S):

918/55: GEOLOGICAL CONSULTING

926/52: IMPACT STUDIES, ENVIRONMENTAL

RELEASE DATE: MARCH 26, 2024

DEADLINE FOR SUBMISSION: APRIL 26, 2024, 5:00PM CT

Solicitation Point of Contact:

Veronica Holmes, Contract Services veronica.holmes@twdb.texas.gov

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/sp, for any addenda to this Solicitation. Please search under Agency Code 580 (Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation.

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TABLE OF CONTENTS

SECTION I - OVERVIEW, DEFINITIONS AND AUTHORITY 3

SECTION II – SCOPE OF WORK 6

SECTION III – DELIVERABLES 10

SECTION IV – GENERAL INFORMATION 11

SECTION V – GENERAL TERMS AND CONDITIONS 16

ATTACHMENT 1: SURVEY SCORING RUBRIC 30

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SECTION I –OVERVIEW, DEFINITIONS AND AUTHORITY

1.1 OVERVIEW

The Texas Water Development Board (TWDB) requests responses to this Request for Qualifications (RFQ) for the award of a contract to perform a survey of stakeholders that are interested in data collaboration with the TWDB on an exploratory brackish groundwater project (the Project).

The Project will include: 1) collaboration with the TWDB to create survey questions, 2) a survey of eligible stakeholders, 3) scoring and ranking of stakeholders based on pre-determined weighted criteria, and 4) a summary report. TWDB plans to select Contractor(s) with expertise in areas including but not limited to: (brackish) groundwater resource development and data collection, regional water planning, and joint planning.

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

1.2 DEFINITIONS

“ADA” means the Americans with Disabilities Act.

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

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

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

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

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

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

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

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

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

2161.252 and 34 Texas Administrative Code § 20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP must be included with the Solicitation Response.

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

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

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

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

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFQ” means Request for Qualifications.

“Solicitation” means this RFQ.

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

“SOQ” means Statement of Qualifications.

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

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

“WCAG” means Web Content Accessibility Guidelines.

1.3 AUTHORITY

TWDB is posting this Solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2155; Texas Water Code § 6.190; and Texas Water Code § 35.001.

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1.4 BACKGROUND

TWDB Brackish Resources Aquifer Characterization System (BRACS) Program maps and characterizes the brackish portions of the aquifers in Texas to provide useful data to regional water planning groups and other entities interested in developing and desalinating brackish groundwater as a new supply. TWDB is required by Texas Water Code § 16.060 to identify and designate local or regional brackish groundwater production zones in areas of the state with moderate to high availability and productivity of brackish groundwater that meet certain criteria and can be used to reduce the use of fresh groundwater.

An exploratory brackish groundwater well allows for groundwater sampling and aquifer tests that could confirm salinity and potential production rates from an aquifer, help refine projected project costs, and inform potential monitoring recommendations, which is all information that could also be useful to other prospective brackish groundwater projects.

The primary Project objectives are to:

A. Collaborate on data collection following guidance from the previous contract report, Drilling and Logging the Ideal Exploratory Brackish Groundwater Well1, to select ideal logging tools, water quality analytes, and appropriate aquifer tests.

B. Develop positive stakeholder relations.

C. Promote the development of brackish groundwater.

D. Gain a project-oriented snapshot of the current state of brackish groundwater development in Texas.

The selected Contractor will survey stakeholders that are interested in developing brackish groundwater, recommend potential exploratory well locations, and facilitate field data collection and collaboration efforts with the stakeholder selected for the Project.

TWDB plans to select Contractor(s) with expertise in areas including but not limited to those outlined in Section 2.2 of this RFQ.

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SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The TWDB seeks collaboration with stakeholders on an exploratory brackish groundwater project. Exploratory in this context means that the average total dissolved solids concentration of the target aquifer has not been field-verified (with water quality samples), or that average production of the brackish resource has not been field-verified (with long-term aquifer testing).

TWDB will provide funding to the Contractor, not to exceed $150,000, to: 1) survey stakeholders and recommend potential exploratory brackish groundwater well projects, and 2) act as the liaison between TWDB and the project owner during the data collection task.

Additional funding, not to exceed $250,000, will be allocated for field data collection and aquifer test analyses. The TWDB will only provide funding for collecting geophysical data, conducting aquifer tests, and/or water quality sampling.

The awarded Contractor will be required to complete the following four tasks:

Task 1: Stakeholder survey Candidate stakeholders for this collaborative project include: 1) entities with a recommended brackish groundwater water management strategy (WMS) in the 2022 State Water Plan, 2) groundwater conservation districts (GCDs) with a designated brackish groundwater production zone (BGPZ) within their jurisdiction, or 3) any other entity interested in completing a brackish groundwater test well before August 2026.

The awarded contractor shall complete the following tasks within Task 1:

1.A. Collaborate with the TWDB to develop a list of questions for a stakeholder survey. TWDB approval of the final questions is required prior to outreach. Some questions will target scoring criteria listed in Task 1.D, and some will be general questions about the project to collect supplemental data and are not included in the scoring criteria.

Supplemental data includes:

• Entity name

• Aquifer

• Project type (WMS, BGPZ, or other)

• Project goals (total end users, estimated well yield, estimated acre-feet per year)

• Project funding sources (general)

• Conflict of interest? (contractors with current groundwater contracts)

• Knowledge of any (other) brackish groundwater projects discussed within local district or management area

1.B. Survey potential stakeholders with the agreed-upon questions to determine interest in collaboration with the TWDB BRACS Department on an exploratory brackish groundwater project. The Contractor will communicate with all stakeholders that are responsive to their outreach to explain the collaborative expectations and components

580-24-RFQ-0017 Page 7 of 30 of the Project (explained in Task 2) and the maximum amount of funds that TWDB will provide for data collection.

1.C. Score the candidate projects using the project criteria and scoring rubric developed in collaboration with TWDB. Compile a list of all candidates ranked by score, and a list of the top-scoring candidates from each category 1) entities with a recommended brackish groundwater WMS, 2) existing brackish groundwater production zone, and 3) other.

The scoring criteria consider data collection alignment with recommendations from the guidance documents, well total depth, anticipated land access, permitting needs, and discharge handling (for the purposes of aligning general project timelines with contract funding).

The project criteria and weighting include:

• Proposed geophysical logging tools (20%)

• Proposed aquifer tests (20%)

• Proposed groundwater quality sampling (10%)

• Well total depth (10%)

• Estimated drilling start date (10%)

• Land access negotiations (10%)

• Permitting (10%)

• Discharge handling plan (10%)

1.D. Create a report summarizing the survey results with a discussion of the survey methodology, percentage of stakeholder responses, summary tables, and a map of all potential project locations.

After completion of Task 1, the Contractor will pause work as TWDB reviews deliverables and selects a location for the exploratory brackish groundwater well. Work on Task 2 cannot begin until the Contractor has received notice to proceed from TWDB.

Task 2: Field data collection and collaboration The Contractor will function as the liaison between TWDB, and the entity selected for the Project for field data collection. TWDB will provide funding assistance not to exceed $250,000 for collecting geophysical data, conducting aquifer tests, and/or water quality sampling. The Contractor will submit data cost expenses for the logging, laboratory, and/or aquifer test consultant who are providing the data collection services for the Project. Subcontracts between data providers and the Contractor will need to be completed before any data costs can be processed by the TWDB.

A contract study by D.B. Stephens & Associates (2021) Drilling and Logging the Ideal Exploratory Brackish Groundwater Well provides the agency’s general guidance for data collection considerations. The original guidance document, Brackish Groundwater Exploration Guidance Manual prepared by LBG-Guyton and Associates (2008) is also incorporated for reference.

The awarded contractor shall complete the following subtasks within Task 2:

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2.A. Provide notifications to TWDB from the stakeholder for project milestones (permitting status, drilling progress, logging, well development, water quality sampling and aquifer testing)

2.B. Share data throughout the Task 2 of the Project (digital and analog, if appropriate, copies of all geophysical logs, water quality field parameter results, water quality sample laboratory results, and aquifer test results)

2.C. Coordination for a maximum of three site visits by TWDB for observation, as warranted by site activities.

2.D. Create a brief report summarizing the history and purpose of the well, any significant events during its drilling and completion, and a detailed description of data collection activities, referencing the data and results collected and delivered throughout the Project.

Task 3: Project management In addition to oversight of the project, monthly progress reports must be produced and provided to the TWDB-assigned contract manager no later than the 5th business day of each month. Monthly progress reports must outline progress from the previous monthly billing cycle per task, percent accomplished per each task, projection of tasks to be performed for the next billing cycle, and any issues or concerns. Any issues or concerns must be discussed directly with the TWDB-assigned contract manager as soon as possible. Coordination with TWDB staff will be critical throughout the project. At a minimum, TWDB staff expects to meet, either virtually or in person, with the project team at key junctures of the contract, including:

1. at the beginning of the project,

2. after the scoring is submitted to TWDB,

3. before the selected project data collection phase begins, and

4. after the submittal of draft Task 2 data deliverables, if warranted.

Task 4: Stakeholder communication Stakeholder participation is critical to the success of the BRACS Program. This ideally includes participation from all levels of the public and private sector. At least one stakeholder meeting must be held (this can be a virtual meeting) after the final deliverables are submitted to share the findings of Tasks 1 and 2.

2.2 REQUIREMENTS

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

A. Experience in project management of scientific studies for the TWDB.

B. Experience with the BRACS program, data collection for (brackish) groundwater resource development, regional water planning, and joint planning.

C. Experience in technology transfer including staying on schedule and within budget.

D. Internal progress-monitoring procedures and quality assurance processes.

E. Demonstrated approach for organizing and managing the Project, including coordination with TWDB staff, and communication between the contractor and the stakeholders.

F. Ability to clearly communicate the results of requested analyses in graphical, written, and oral formats.

G. Ability to produce specific and usable deliverables discussed.

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H. Ability and commitment to perform the services requested within the project completion deadline.

I. Licensed in Texas as a Professional Engineer and/or a Professional Geoscientist.

2.3 SUBCONTRACTORS

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

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

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

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

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

2.4 CONTRACT TERM

The Service requested (stakeholder survey) will start upon execution of the Contract and end on August 31, 2024, with potential extensions by amendment up to August 31, 2026, for the purposes of collaboration on the stakeholder project and associated data collection. This would have the total contract with renewals not to exceed two years beyond the original contract (stakeholder survey) end date.

2.5 COMPENSATION

The maximum total project cost will not exceed $400,000. Failure to arrive at mutually agreeable terms of a contract with the most qualified Respondent will constitute a rejection of TWDB's offer and may result in negotiations with the next most qualified respondent. TWDB reserves the right to reject any or all responses.

2.6 LIQUIDATED DAMAGES

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

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SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

The following deliverables must be submitted to TWDB for review:

Deliverable When Description of Deliverables Survey questions (Task 1A) Prior to survey List of survey questions Survey data (Task 1B) 30 days after survey completion All original survey responses, including list of non-responsive stakeholders

Scoresheets (Task 1C) 30 days after completion of scoring

All working scoresheets, including ranking

Draft survey report (Task 1D)

30 days after completion of scoring

Draft summary report

Final WCAG-compliant survey report (Task 1D)

60 days after completion of scoring

Final summary report with all final supporting data and GIS files

Data collection results and invoices for data collection costs and services (Task 2B)

Monthly after data collection begins

Geophysical logs, water quality results (field and laboratory), aquifer test field data and analyses

Project summary report (Task 2D)

By contract end date Final summary report

Additional requirements for draft and final deliverables include:

A. The Report must be designed with the general public as the audience.

B. Consistent geologic, hydrologic, and technical terminology must be used throughout the

Report, including TWDB nomenclature for aquifers and no acronyms except “TWDB.”

C. The Final Report must be sealed by a professional geoscientist or professional engineer licensed to practice in Texas.

D. All draft and final file geodatabases must contain all relevant source data, including metadata that documents the content, data structure, source(s), date(s), quality, and other characteristics of the data within the geodatabases. Metadata must be created using the Federal Geographic Data Committee (FGDC) metadata editor within ESRI’s ArcCatalog. TWDB-provided schemas include some basic metadata, which must be extended by the Contractor’s project manager to completely document all source and derivative data.

E. The final deliverables must be accompanied by a transmittal letter.

F. Acceptance of the Final Report and associated data by TWDB indicates the successful completion of the Project.

G. NOTE: The electronic copy of a final report must comply with the Web Content

Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and- Certification-with-Instructions.pdf Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

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SECTION IV – GENERAL INFORMATION

4.1 RFQ REQUIREMENTS

A brief transmittal letter summarizing the key points of the Statement of Qualifications (SOQ) and signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. The response, including attachments, must not exceed 22 pages. Cover page, Resumes, and Historically Underutilized Businesses Subcontracting Plan (HUB-SUB) will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

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

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

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

3) Proposals must be clearly marked RESPONSE TO RFQ 580-24-RFQ-0017 and delivered electronically to the address noted in the RFQ.

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

1) Item 1: Signed/dated Execution of Response to the Request for Qualifications (one

(1) page maximum)

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

Response should include the following:

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

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

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

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

3) Item 3: Resumes of Individuals - Submit resumes for each individual (three (3) pages maximum per individual) who will work on the project.

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

4) Item 4: Historically Underutilized Businesses Subcontracting Plan (HUB-SUB) PLEASE NOTE: HUB-SUB Plans do NOT count towards total response page maximums.

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

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

6) Item 6: Prior Project Experience – Include the following items for each project description (eight (8) pages maximum):

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a. Project Title

b. Client Organization Name, address, contact person, phone number, and email address. If experience describes subcontracted work, include both prime contractor and overall client information.

c. Project Start and End Dates, month and year.

d. Project Budget. If applicable, identify both study/design fees and construction fees.

e. Project Description

7) Item 7: Organizational Chart (one (1) page maximum) – Include role, name, and organization for each individual listed.

8) Item 8: Technical Approach (nine (9) pages maximum)

a. Technical approach for each of the following potential task orders:

4.2 PROPOSAL SUBMISSION

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

TWDB will not accept late submittals.

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

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

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

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

4.3 DELIVERY OF SUBMISSION

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

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

4.4 SCHEDULE OF EVENTS

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

EVENT DATE (Central Daylight Time)

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EVENT DATE/TIME

Solicitation Release Date March 26, 2024

Deadline for Submitting Questions April 4, 2024

Anticipated Q & A Posting Date April 15, 2024

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

April 26, 2024

Evaluation Period May 10, 2024

Anticipated Contract Start Date Upon Execution

Contract End Date Upon Execution

4.5 REVISIONS TO SCHEDULE

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

4.6 RESPONSE SUBMITTAL

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

4.7 RESPONSE PREPARATION COSTS

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

4.8 TRAVEL EXPENSES

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

4.9 MEETINGS

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

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4.10 INQUIRIES

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

Name: Veronica Holmes, Contract Services Email : bid-room@twdb.texas.gov with a copy to veronica.holmes@twdb.texas.gov Subject: Ensure the RFQ number is included in all correspondence.

B. Clarifications

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

1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned

4) Question

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

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

C. Responses

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

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

D. Prohibited Communications

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

4.11 RESPONSE EVALUATION AND AWARD

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

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B. TWDB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

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

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

POINTS

AVAILABLE

CATEGORY

0-30 Technical Approach 0-30 Qualifications and Experience: Explanation of prior experience with (brackish) groundwater development, regional water planning, and joint planning.

0-20 Project Organization and Management: Approach for organizing and managing the project. This includes coordination with TWDB staff, and communication between the contractor and any outside data source and/or stakeholder(s).

0-20 Reports and Deliverables Approach 100 Total Possible Points

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

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

Comptroller’s Vendor Performance Tracking System. The selected Contractor(s) will be evaluated on performance both during and at the conclusion of the Contract, and that information may be considered in the selection of future contracts. Contractor performance information is located on the CPA website at:

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

4.12 CONTRACT AWARD

It is the intent of TWDB to award one contract under this Solicitation. An award notice will be sent to the selected Respondent(s). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the TWDB Executive Administrator. Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

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SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFQ will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.12.

Contractor is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any RFQ that bears a copyright.

RFQs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a SOQ must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

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

5.4 HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

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

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

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

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

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

(HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. THE HSP MUST

BE INCLUDED AS PART OF THE PROPOSAL TO THIS RFQ. FAILURE TO COMPLETE THE HSP AS

INSTRUCTED MAY RESULT IN DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION.

Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs

580-24-RFQ-0017 Page 17 of 30 and allow them to respond. Note that contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to Contractor for more than five (5) years. If a Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the Contract awarded as a result of this Solicitation.

5.5 HUB RESOURCES AVAILABLE

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

5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

Submitting a Response (CONTENT ITEM 1 - Execution of Response to the Request for Qualifications) with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted response or any resulting contract(s). By signing CONTENT ITEM 1, Respondent hereby represents and warrants that:

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

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

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

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the goods or services being supplied.

580-24-RFQ-0017 Page 18 of 30

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

NOTE: The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full-time people and paid at least in part with public funds. The clause does not apply to a governmental entity that determines the requirements Texas Government Code § 2276.002(b) are inconsistent with its duties related to debt obligations or funds as described in Texas Government Code § 2276.002(c).

F. Energy Company Boycotts. Respondent represents and warrants that: (1) it does not and will not for the duration of any Contract resulting from this Solicitation, boycott energy companies or (2) the verification required by Texas Government Code § 2276.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify TWDB.

funds.

G. Entities that Boycott Israel. Pursuant to Texas Government Code § 2271.002, Respondent certifies that either (i.) it meets one of the exemption criteria under § 2271.002; or (ii.) it does not boycott Israel and will not boycott Israel during the term of any contract resulting from this Solicitation. Respondent must state any facts that make it exempt from the boycott certification in its Response.

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

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

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

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

2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive

580-24-RFQ-0017 Page 19 of 30 the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

funds. It does not apply when such contracts are sole source or no-bid.

K. Firearm Entities and Trade Associations Discrimination. Respondent verifies that:

(1) it does not, and will not for the duration of any contract resulting from this Solicitation, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Texas Government Code § 2274.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify TWDB.

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

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

N. Lobbying Prohibition. Respondent represents and warrants that TWDB’s payments to

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

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

P. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and

2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004.

Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is inaccurate.

Q. Restricted Employment for Certain State Personnel. Pursuant to Texas Government

Code § 572.069, Respondent certifies that it has not employed and will not employ a

580-24-RFQ-0017 Page 20 of 30 former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the Contract is signed, or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

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

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

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

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

5.7 INDEMNIFICATION

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

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

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

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

ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS

AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF

SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY

PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE MUST BE COORDINATED

BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND RESPONDENT MAY NOT

AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE

OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND TWDB AGREE TO FURNISH TIMELY

WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

5.8 ADDITIONAL TERMS

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

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5.9 DISPUTE RESOLUTION

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

5.10 EXCESS OBLIGATIONS PROHIBITED

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

5.11 PUBLIC INFORMATION ACT

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

5.12 GOVERNING LAW AND VENUE

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

5.13 ETHICS

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

or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

5.14 FRAUD STATEMENT

Respondents understand that TWDB does not tolerate any type of fraud. TWDB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and

580-24-RFQ-0017 Page 22 of 30 providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Contractors are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency’s Internal Audit division at 512-463-7978 or Nicole.Campbell@twdb.texas.gov.

5.15 CONFLICT OF INTEREST

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under any Contract resulting from this Solicitation. For this reason, the submission in response to this RFQ must disclose all business interests and all relationships that could reasonably be considered to pose possible conflicts of interest in Respondent’s performance of the contract obligations.