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Texas Parks and Wildlife Department
Purchasing and Contracting C-1 4200 Smith School Road
Austin, Texas 78744
REQUEST FOR PROPOSALS
TEXAS PARKS AND WILDLIFE DEPARTMENT OFFICIAL CORPORATE PARTNERSHIP
OPPORTUNITY
RFP No. 802-12-17437
RFP Issue Date: July 25, 2012
Questions Due: August 14, 2012; 2:00 PM CT
Proposal Due Date: August 30, 2012; 2:00 PM CT
Purchaser: Tammy Dunham, CTPM, CTCM 512-389-4752 [email protected]
ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent‟s failure to periodically check the ESBD will in no way release the selected OCP from “addenda or additional information” resulting in additional cost to meet the requirements of the RFP.
RFP No. 802-12-17437 Page 2 of 31
TABLE OF CONTENTS
Section I General Information………...……………………..………………………3-12
Executive Summary and Statement of Request………………………..…….……3
TPWD Customer Outreach and Communication Products
Customer Reach………………………………………………………..……3-4
Communication Products……………………………………………….……..4
Request for Official Corporate Partner (OCP) Support
OCP Categories………………………………………………………………..5
OCP Minimum Criteria………………………………………………………...5
Types of OCP Donations……………………………………………………5-6
TPWD Provided Benefits to OCP
Donation Levels……………………………………………………………...6-8
Advertising Recognition Channel Examples………………………………8-9
OCP Guidelines………………………………………………….…………9-10
Advertising……………………………………………….……….……………10
Licensing Department Brands……………………………………………………... 11
Proposal Evaluation Criteria……………….…………………………..……………11
Contract Term………………………………………..……………………………….12
Section II Proposal Requirements, Conditions, and Certifications………..13-18
Schedule of Events…………….……………………………………………………13
Inquiries
Contact Information…………………………………………………………..13
Clarifications…………………………………………………………………..13
Deadline for Submission of Questions……………………………………..13
Answers to Questions………………………………………………………..13
Prohibited Communications…………………………………………………14
Proposal Content
General Response Format…………………………………………………..14
Required Response Content…………………………………………….…..14
Proposal Submission…………………………………………………………...14-15
Delivery of Proposals….……………………………………………………………15
Evaluation and Awards…………………………………………………………15-16
Terms and Conditions of Proposal.……………………………………………16-18
Section III General Terms and Conditions……………………………………..19-26
Attachments
Attachment A – Brand, Service Marks and Sub brands….……………..…….27
Exhibit A – Execution of Proposal……………………………………………28-29
Exhibit B – Company Profile….…………………………………………………..30
Exhibit C – Proposed Methods.…………………………………………………..31
RFP No. 802-12-17437 Page 3 of 31
SECTION I GENERAL INFORMATION
1. EXECUTIVE SUMMARY AND STATEMENT OF REQUEST Texas Parks and Wildlife Department (TPWD) is seeking business partners to become Official Corporate Partners of Texas Parks and Wildlife Department for the primary purpose of increasing revenue and fundraising for TPWD‟S State Parks, Fish Hatcheries, Wildlife Management Areas and other sites, programs and projects. The mission of TPWD is to manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing, and outdoor recreation opportunities for the use and enjoyment of present and future generations. TPWD is a trusted brand in Texas that is associated with hunting and fishing heritage, state parks, and a wide variety of outdoor recreation in Texas. TPWD has several registered service marks and numerous sub-brands and programs, Attachment A. Additional information about TPWD‟s activities is available on TPWD website at tpwd.state.tx.us. House Bill 1300 (HB 1300), as enacted by the 82nd Legislative Session, added Texas Parks and Wildlife Code §§11.221-11.226, and provided for expanded authority for TPWD to develop relationships with Official Corporate Partners (OCPs). Pursuant to HB 1300, rules were enacted to further define the guidelines and selection criteria for agency OCPs, and to set out certain benefits that TPWD may offer OCPs, which may include, but are not limited to, advertising and brand licensing rights. (Tex. Admin. Code §51.700-51.704.) This Request for Proposals (RFP) is subject to the requirements of HB 1300 and OCP rules. This RFP is for the purpose of seeking proposals for Department-wide OCPs. A Department-wide OCP is an OCP whose financial support of the Department is intended to be broad in nature and not tied or
restricted to a specific program, project or site. As used herein, an “OCP” shall refer to a Department-
wide OCP. Texas Parks and Wildlife Code §§11.221-11.226, as added by HB 1300 can be found at http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.11.htm#J-1 . Regulations enacted to implement Texas Parks and Wildlife Code §§11.221-11.226 as adopted by HB 1300 can be found at http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=31&pt=2&ch=51&sch=P&rl=Y . 2. TPWD CUSTOMER REACH AND COMMUNICATIONS PRODUCTS
2.1. Customer Reach – TPWD reaches millions of customers each year 2.1.1. Texas State Parks are visited by an estimated 7.7 million people annually. 2.1.2. Approximately 1 million people buy a license to hunt in Texas and another 2.3 million
buy a license to fish in Texas every year. 2.1.3. An estimated 6 million people engage in nature tourism each year, including 4 million of
who are birders and wildlife watchers.
RFP No. 802-12-17437 Page 4 of 31
2.1.4. TPWD also registers approximately 650,000 boaters, with renewals due every other
year. 2.1.5. Each year, TPWD hunter, boater, angler education, law enforcement and outreach staff
and volunteers conduct training and events reaching more than 100,000 persons. 2.1.6. There are more than 90 Texas state parks, 50 wildlife management areas, 14
Neighborhood Fishin‟ sites (lakes or ponds) and 8 fish hatcheries. 2.1.7. There are more than 9000 educational programs, activities and events held at Texas
State Parks reaching an estimated 810,000 visitors each year. Events range from the very popular Texas Outdoor Family hands-on family workshops on camping to guided interpretive hikes and special events.
2.2. Communication Products - TPWD has a number of communication products that reach the
active sports persons, nature tourists, and the general public.
2.2.1. The TPWD website reaches more than 800,000 visitors a month, and includes an online event calendar that promotes an estimated 1,000 events per year. For the first time, web advertising opportunities will be offered to OCPs and to major advertisers in the Texas Parks & Wildlife Magazine.
2.2.2. The Texas Parks & Wildlife Magazine reaches hunters, anglers and nature tourists
with a primarily paid circulation of 148,000 with an average readership of 2.3 readers per copy. The magazine also produces monthly digital versions and special digital issues.
2.2.3. The Texas State Park Guide is a 114 pg color publication produced annually and
distributed at Texas State Parks, Travel Information Centers, Chambers of Commerce as well as at various other outlets including La Quinta Inns & Suites, REI, Whole Earth Provision Company and Academy. 300,000 are produced and distributed each year.
2.2.4. The Texas Parks & Wildlife TV show is an award-winning show that runs weekly on
PBS stations across Texas, with an estimated reach of 50,000 persons per week delivering 2.5 million impressions each year.
2.2.5. Passport to Texas Radio show is a ninety second show that airs weekly in more than
140 markets in Texas and reaches an estimated 640,000 persons per week. 2.2.6. TPWD has more than 70,000 Facebook fans. 2.2.7. TPWD has more than 155,000 email subscribers who receive e-newsletters such as
State Park Getaways, Life’s Better Outside, Hunt Texas, Fish Texas and email updates on fishing, hunting, park promotions and outdoor recreation news.
2.2.8. Each year, TPWD distributes approximately 100 press releases and 50 Video News
Reports. The Video News Reports alone reach more than 1.8 million TV viewers in Texas.
2.2.9. The “Outdoor Activity of the Month” TV media partnership program runs Public
Service Announcements (PSAs) and other sponsored spots on network TV stations in
RFP No. 802-12-17437 Page 5 of 31
major markets encouraging families to visit state parks, with a featured outdoor activity every month, delivering approximately 1 million impressions annually.
3. REQUEST FOR OFFICIAL CORPORATE SPONSOR (OCP) SUPPORT
3.1. OCP Categories. TPWD is soliciting Official Corporate Partners in the ten (10) targeted categories listed below.
3.1.1. Targeted Categories:
3.1.1.1. Bank 3.1.1.2. Beverage 3.1.1.3. Cell phones 3.1.1.4. Gas Station/Convenience Store 3.1.1.5. Computer Equipment 3.1.1.6. Hotel/Motel 3.1.1.7. Insurance 3.1.1.8. Outdoor Apparel 3.1.1.9. Energy Companies (partnerships cannot be used as settlements to address
an environmental penalty that the entity has been cited for) 3.1.1.10. Vehicle/Truck/Car
3.1.2. Other Categories. TPWD may, in its sole discretion, accept or reject proposals for other
categories.
3.1.3. Category Exclusivity. The OCP selected in a category shall receive category exclusivity during the period of the OCP designation which shall mean for purposes of this RFP that TPWD will not designate another OCP or Sponsor in that category for the period of the designation. Provided, however, TPWD will not be prohibited from accepting donations, receiving advertising buys from, or be limited in purchasing goods or services from businesses in a category for which an OCP has been designated.
3.2. OCP Minimum Criteria. Minimum criteria must be met by an entity to be considered for
designation as an OCP. Such criteria shall include the following:
3.2.1. Commitment of a minimum amount in Cash or ”Same as Cash” goods and/or services (see section 3.3) established by TPWD;
3.2.2. A presence in the state that is sufficiently broad for the type of OCP designation and the
ability of the entity to engage in joint promotional campaigns and/or cooperative ventures utilizing technology, locations and/or systems belonging to the entity;
3.2.3. The OCP‟s good financial standing with the State of Texas.
3.3. Types of OCP Donations. Benefits will be offered by TPWD to OCPs investing Cash, or Same as Cash per year as set out below. A minimum of 15% of Donation Value* must be provided in cash. This minimum cash contribution will be used by TPWD for administrative expenses associated with the management of OCP recognition and coordination of OCP deliverables.
3.3.1. Cash Only (with no Same as Cash Proposed). A Respondent offering Cash only with
no proposed Same as Cash donation, must offer a minimum of $100,000 to be considered for designation as a Texas Parks and Wildlife OCP.
RFP No. 802-12-17437 Page 6 of 31
3.3.2. Same as Cash. A Respondent offering Same as Cash donations must provide products
and/or services that defray the cost of existing operating budget items, examples listed below. Such goods/services also must be compatible with existing TPWD systems, policies, and applicable legal requirements.
3.3.2.1. Same As Cash donations shall make up no more than 85% of an OCP‟s
total contribution; at least 15% of the OCP‟s contribution must be cash. For example, if an OCP is proposing a donation of $100,000, then at least $15,000 must be provided in cash. The remaining amount ($85,000 donation value) can be Same as Cash donation as described above.
3.3.2.2. Examples of Same as Cash donations include, but are not limited to, goods and/or services such as cell phones, computer equipment, fuel, hotel/motel rooms, vehicles, trailers, and renewable energy systems.
3.3.3. In-Kind. In-Kind donations are donations that are usable by TPWD in carrying out its
mission but will not necessarily defray the costs of existing operating budget items. An offer to make an In-Kind donation will be considered and evaluated as an additional benefit being offered by an OCP, but in no instance shall an In-Kind donation be considered a substitute for a Cash or Same as Cash donation. TPWD shall, in its sole discretion determine goods and services offered by a Respondent should be considered Same as Cash or In-Kind.
3.3.4. *Donation Value. For the purpose of this RFP, Donation Value is defined as the combined value of the cash contribution and, if applicable, the fair market value of the goods/services being proposed for Same as Cash donations. TPWD will determine the fair market value in relation to the anticipated cost that would have been paid and/or the anticipated budget for such items.
4. TPWD PROVIDED BENEFITS TO OCP
4.1. Donation Levels. TPWD may provide the following recognition and advertising benefits for
OCPs based on the annual donation levels specified below:
4.1.1. $500,000 or More. For OCPs offering Donation Value of $500,000 or more: Primary Benefits: o Category and Sponsorship Exclusivity o TPWD Brand Licensing Rights o Designation as Official Partner (See 5.5 below) o Plaque recognition at appropriate TPWD locations (minimum of 30) o Mentions in Press Releases o Permission to implement joint promotions to collect donations, increase revenue or
drive traffic to TPWD sites or programs o Recognition on TPWD Website for each year of Agreement
Communication Channels (see 4.2 for examples): o Advertising on the TPWD Website for 1 year o Advertising in E-newsletters (minimum of 4 ads on one or more of the 4 agency e-
newsletters) o Passport to Texas Radio sponsor :10 tag (minimum of 1 per month per year-12 total)
RFP No. 802-12-17437 Page 7 of 31
o 2 - Full Page Texas State Park Guide Ads - full color per year o 1 - Two-Page Spread Ad Back of Map in SP Guide, full color as available o 5 - Full Page TPW Magazine Ads, full color per year o Retargeting of joint promotional online ads via TPWD website o PBS Television Show sponsor credit line for a minimum of 26 shows o Sponsorship of the Outdoor Activity of the Month (OAM) TV spot for one month in
Houston, Dallas, Austin, and San Antonio. OCP will receive placement of their :15 second TV commercial adjacencies or they can choose to receive :10 TV tags next to the :15 PSAs or :20 OAM public service announcements (PSAs). Each TV market will run a minimum of 25 Gross Rating Points targeting Adults 25-54. In addition, OCP will receive logo placement on each of the four OAM media partner TV station websites in the same month.
On-site: o Recognition on 30 facility or trail maps o Product Sampling/Couponing (Additional opportunities may be negotiated)
4.1.2. $300,000 - $499,999. For OCPs offering Donation Value of $300,000 - $499,999:
Primary Benefits: o Category and Sponsorship Exclusivity o TPWD Brand Licensing Rights o Designation as Official Partner (See 5.5 below) o Plaque recognition at appropriate TPWD locations (minimum of 20) o Mentions in Press Releases o Permission to implement joint promotions to collect donations, increase revenue or
drive traffic to TPWD sites or programs o Recognition on TPWD Website for each year of Agreement Communication Channels (see 4.2 for examples): o Advertising on the TPWD Website for 6 months o Advertising in E-newsletters (minimum of 3 ads on one or more of the 4 agency e-
newsletters) o Passport to Texas radio sponsor :10 tag (minimum of 1 per month for 6 months-6
total) o 2 - Full page Texas State Park Guide Ads, full color per year o 3 - Full page TPW Magazine Ads, full color per year o Retargeting of joint promotional online ads via TPWD website On-site: o Recognition on 20 facility or trail maps o Product Sampling/Couponing (Additional opportunities may be negotiated)
4.1.3. $150,000 - $299,999. For OCPs offering Donation Value of $150,000 - $299,999:
Primary Benefits: o Category and Sponsorship Exclusivity o TPWD Brand Licensing Rights o Designation as Official Partner (See 5.5 below) o Plaque recognition at appropriate TPWD locations (minimum of 10)
RFP No. 802-12-17437 Page 8 of 31
o Mentions in Press Releases o Permission to implement joint promotions to collect donations, increase revenue or
drive traffic to TPWD sites or programs o Recognition on TPWD Website for each year of Agreement Communication Channels (see 4.2 for examples): o Advertising on the TPWD Website for 3 months o Advertising in E-newsletters (minimum of 2 ads on one or more of the 4 agency
e-newsletters) o Passport to Texas radio sponsor :10 tag (minimum of 1 per month for 3 months-
3 total) o 1 – Full page Texas State Park Guide Ads, full color per year o 2 – Full page TPW Magazine Ads, full color per year On-site: o Recognition on 10 facility or trail maps o Product Sampling/Couponing (Additional opportunities may be negotiated)
4.1.4. $100,000 - $149,999. For OCPs offering Donation Value of $100,000 - $149,999:
Primary Benefits: o Category and Sponsorship Exclusivity o TPWD Brand Licensing Rights o Designation as Official Partner (See 5.5 below) o Plaque recognition at appropriate TPWD locations (minimum of 5) o Mentions in Press Releases o Permission to implement joint promotions to collect donations, increase revenue or
drive traffic to TPWD sites or programs o Recognition on TPWD Website for Each Year of Agreement Communication Channels (see 4.2 for examples): o Advertising on the TPWD Website for 1 month o 1 - Full page TPW Magazine Ad, full color, per year (Additional opportunities may be negotiated)
4.2. Advertising Recognition Channel Examples
Advertising on the TPWD Home Page www.tpwd.state.tx.us Passport to Texas Radio Show: http://passporttotexas.org/2012/07/ Magazine Advertising http://www.tpwmagazine.com/digital/2012/jul/ State Park Guide Advertising http://trendmag2.trendoffset.com/publication/?i=111073 E-Newsletter Advertising: http://content.govdelivery.com/bulletins/gd/TXPWD-4264ec?reqfrom=share.
RFP No. 802-12-17437 Page 9 of 31
Trail Map: http://www.tpwd.state.tx.us/publications/pwdpubs/media/park_maps/pwd_mp_p4504_0110w.pdf Facility Map: http://www.tpwd.state.tx.us/publications/pwdpubs/media/park_maps/pwd_mp_p4505_090d.pdf
Outdoor Activity of the Month feature on TPWD Web site; link to TV station websites: www.tpwd.state.tx.us http://www.tpwd.state.tx.us/state-parks/parks/things-to-do/boat-rentals-at-state-parks
5. OCP GUIDELINES
5.1. TPWD will not designate an entity as an OCP if the designation would result in a conflict with
or a violation of TPWD‟s legal, regulatory, and contractual or other obligations, or would otherwise create the appearance of a conflict of interest or negatively affect the public image of TPWD. An OCP‟s efforts with TPWD must not conflict with TPWD's mission and goals.
5.2. The designation of an OCP shall not constitute an endorsement by TPWD of the OCP or the
OCP‟s products and/or services. 5.3. TPWD and an OCP are independent entities and are not agents, partners, joint venture
participants or otherwise responsible for the acts, omissions, or conduct of the other party. Although TPWD may colloquially refer to an OCP as a “partner” or refer to a “partnership” with an OCP, the legal relationship between TPWD and an OCP shall not be considered a “partnership” as that term is defined and used in the Texas Business Organizations Code.
5.4. Each OCP shall enter an agreement with TPWD regarding the terms, conditions, restrictions,
benefits, roles and responsibilities of TPWD and the OCP and the scope of the OCP designation.
5.5. Among the benefits that may be provided by TPWD to an OCP is the right of the OCP to be
designated as an “official” OCP-D of TPWD within a business category and to identify itself as the “Official (specific business category) of Texas Parks and Wildlife" or other variations of this designation, including but not limited to the “Official (specific business category) of Texas State Parks.”
5.6. An OCP shall maintain and retain all work and other supporting documents pertaining to its
designation as the OCP and all work performed pursuant to its designation as an OCP. Such documents shall be provided or made available to TPWD, upon request, for purposes of inspecting, monitoring, auditing, or evaluating by TPWD and any authorized agency of the State of Texas.
5.7. An OCP shall carry out the fiscal, business, legal, and tax responsibilities required and
appropriate for an entity of the size and structure as the OCP. 5.8. An OCP must be authorized to conduct business in the State of Texas and must be in good
standing with the State of Texas. 5.9. Any fundraising or programs undertaken by the OCP for the benefit of TPWD must be
approved in advance in writing by TPWD.
RFP No. 802-12-17437 Page 10 of 31
5.10. An OCP shall not subcontract or enter an agreement with another person or entity to carry out
the OCP‟s functions as an OCP, except as agreed in writing by TPWD. 5.11. Any funds generated by the OCP for or on behalf of TPWD, shall be managed and accounted
for in accordance with applicable standards while being held by the OCP. Such funds shall be submitted to TPWD in a timely fashion as set out in the agreement between TPWD and the OCP.
6. ADVERTISING
6.1. TPWD funds shall not be used to advertise a product and/or service of the OCP, except as follows:
6.1.1. TPWD may provide information about the relationship with the OCP and encourage public participation in OCP-sponsored promotions, activities or events in support of TPWD‟s mission.
6.1.2. TPWD may provide information about the availability of products and/or services of an
OCP that have been created and/or are being made available pursuant to an agreement with TPWD to support TPWD programs, projects or sites.
6.1.3. TPWD may offset fulfillment costs or opportunity costs incurred by TPWD to provide
advertising to the OCP in TPWD publications, web sites, at TPWD sites and other appropriate vehicles and outlets.
6.2. The OCP shall not use TPWD brands, except as authorized by written agreement with TPWD.
6.3. TPWD may provide to an OCP opportunities to run advertising in TPWD publications, web sites, other media vehicles, and/or at TPWD sites so long as, at TPWDs sole discretion, such advertising:
6.3.1. Has been approved in writing in advance by TPWD‟s executive director or designee; 6.3.2. Is in the best interest of TPWD and does not conflict with TPWD‟s mission and goals; 6.3.3. If on a TPWD site, preserves the natural and scenic integrity of the site and minimizes
distractions that may interfere with the enjoyment of the site by visitors; and
6.3.4. Is not more prominent than and does not overshadow the role of TPWD.
6.4. The designation of an OCP as the exclusive OCP for a specific business category shall not limit TPWD‟s ability to accept advertising from potential competitors of the OCP in TPWD publications, web sites and other media, including but not limited to the Texas Parks and Wildlife Magazine.
6.5. TPWD will not accept any advertisement that does not comply with the requirements of Parks
and Wildlife Code §§11.0172, 11.0173, and 31 Tex. Admin. Code §51.72, relating to Youth-appropriate Advertising.
RFP No. 802-12-17437 Page 11 of 31
7. LICENSING DEPARTMENT BRANDS
7.1. Revenue generated from Licensing shall not be substituted for minimum donation value as required in this RFP.
7.2. TPWD may license the OCP to use of one or more TPWD brands as a benefit to an OCP.
Provided, however, TPWD shall not be precluded from licensing TPWD brands to persons or entities that are not OCPs as a means to generate revenue for TPWD, unless there is a designated OCP in the specific business category.
7.3. TPWD will not license a use of TPWD brands that conflicts with TPWD‟s mission and the goals
and/or use of TPWD brands by an OCP is not in the best interest of TPWD. 7.4. Any licensing or use of TPWD brands shall be subject to the terms, conditions, restrictions and
time frame(s) specified in writing by TPWD. 7.5. Nothing herein shall be construed to prohibit TPWD from authorizing the use of one or more
TPWD brands to recognize a person or entity that joins with and/or provides support to TPWD, including but not limited to a sponsor or supporter of a TPWD program, project or site.
7.6. Unless otherwise authorized by this subchapter, private use of TPWD brands is not permitted
without a prior written agreement with TPWD.
7.7. Respondents submitting Licensing and/or Promotional proposals shall include sufficient information to allow TPWD to evaluate proposal. Such information may include sales projections, percentage of net sales, and amount of any guaranteed minimum revenue being offered, if applicable.
8. Proposal Evaluation Criteria
8.1. Only proposals that meet the minimum criteria in Section 3.2 will be considered. In evaluating proposals, TPWD will consider the following to determine best value for the State of Texas.
8.1.1. Donation Value: Evaluation Criteria Weight 75% 8.1.1.1. Amount of Cash offered; 8.1.1.2. The amount, quality and reliability of the goods and services offered as
“Same as Cash”. Quality of products may be judged on a comparative basis to responses from other Respondents to this RFP;
8.1.1.3. The effect of the proposal on agency productivity, including the amount of effort required by TPWD to manage the OCP‟s activities
8.1.2. Company Profile: Evaluation Criteria Weight 15%
8.1.2.1. Respondent‟s presence in the State of Texas; 8.1.2.2. Consistency with the mission of TPWD; 8.1.2.3. If offering Same as Cash, the Respondent‟s experience in successfully
providing any goods and services proposed for donation;
8.1.3. Other Best Value Criteria: Evaluation Criteria Weight 10% 8.1.3.1. Licensing and/or Promotional Proposal; 8.1.3.2. In-Kind donations; 8.1.3.3. Other benefits as proposed
RFP No. 802-12-17437 Page 12 of 31
9. CONTRACT TERM
9.1. Initial Contract Term: The Contract awarded as a result of this RFP shall commence upon date of award, and continue for a twelve (12) month period, unless sooner terminated or extended under the terms of the contract.
9.2. Contract Renewals: The Contract may be renewed for up to six (6) additional one (1) year
periods, provided both parties agree in writing to do so, prior to the expiration date. 9.2.1. Any renewals shall be at the same or higher Donation Value.
9.2.2. As long as the total Donation Value remains the same or increases, TPWD reserves the
right to negotiate other terms of the Contract at time of renewal.
RFP No. 802-12-17437 Page 13 of 31
SECTION II PROPOSAL REQUIREMENTS, CONDITIONS AND CERTIFICATIONS
1. SCHEDULE OF EVENTS
TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State
Business Daily (http://esbd.cpa.state.tx.us) as an Addendum.
Event Date/Time
RFP Issue Date: July 25, 2012
Questions Due: August 14, 2012; 2:00 PM CT
Anticipated Date Answers Posted on ESBD: August 21, 2012
Proposal Due Date: August 30, 2012; 2:00 PM CT
Expected Contract Award Date: September 30, 2012
2. INQUIRIES
2.1. CONTACT INFORMATION: All requests, questions, or other communications about this solicitation shall be made in writing to TPWD‟s Purchasing Department, addressed to the following person:
Tammy Dunham, Purchaser Phone 512.389.4752 Texas Parks & Wildlife Department Fax 512.389.4677 4200 Smith School Road [email protected] Austin, Texas 78744
2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation.
Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Paragraph number, Page Number, and Text of passage being questioned; and c) Question.
2.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to
adequately prepare responses to inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.
2.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three
business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at http://esbd.cpa.state.tx.us. Respondents‟ names shall be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the proposal submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to this RFP prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected Respondent from “addenda or additional information” resulting in additional costs to meet the RFP requirements.
RFP No. 802-12-17437 Page 14 of 31
2.5. PROHIBITED COMMUNICATIONS: Upon the issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this RFP with any potential Respondent or its representative(s), except for the written inquires described in Section II, Subsection 2 above. 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 TPWD‟s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.
3. PROPOSAL CONTENT Below is a summary of required and requested information. Proposals submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of TPWD.
3.1. GENERAL RESPONSE FORMAT: Respondents shall submit one (1) original proposal signed in ink (marked Original) and eight (8) copies of the response to this RFP. Submissions should be in separate loose leaf binders on 8-1/2 x 11 inch paper and tab-indexed corresponding to the sections/exhibits listed below. (Plastic spine-bound or wire-bound submittals are highly discouraged.)
3.2. REQUIRED RESPONSE CONTENT: Respondent MUST include the following documentation in their response submission.
Failure to submit with response will result in disqualification of the proposal.
3.2.1. Exhibit A – Execution of Proposal: Respondent must submit original signed, dated and completed Exhibit A - Execution of Proposal. Failure to submit with response will result in disqualification of the proposal.
3.2.2. Exhibit B – Company Profile:
Respondent shall use Exhibit B (or reasonable facsimile) to provide company history. 3.3.3 Exhibit C-Proposed Methods:
Respondent to provide a short narrative (max 4 pages) utilizing the outline provided in Exhibit C that conveys an understanding of the opportunity and how Respondent proposes to partner with Texas Parks and Wildlife Department.
3.3.4 Addendums:
Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. Respondents should include the signed and dated addendum(s) with their response submission.
4. PROPOSAL SUBMISSION
4.1. All proposals must be received and time stamped by TPWD prior to 2:00 PM Central Time on
the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 5. Late proposals will not be considered under any circumstance and will be returned unopened.
RFP No. 802-12-17437 Page 15 of 31
4.2. Proposals should be placed in a sealed envelope/package and correctly identified with RFP number, submittal deadline/opening date and time. It is the Respondent‟s responsibility to appropriately mark and deliver the proposal to TPWD by the specified date.
4.3. If applicable, Receipt of all addenda to this RFP should be acknowledged by returning a
signed copy of each addendum to the response.
4.4. Respondents to this RFP are responsible for all costs of proposal preparation. 4.5. Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in
Subsection 6 below. 4.6. Telephone, email and facsimile proposals are NOT an acceptable response to an RFP.
All submitted proposals become the property of TPWD after the RFP submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.
4.7. When Proposals are opened, only the names of the Respondents who submitted proposals
will be read. The terms of the proposal will not be divulged until after contract award.
5. DELIVERY OF PROPOSALS
Proposals shall be submitted to TPWD by one of the following methods:
6. EVALUATION AND AWARDS
6.1. Multiple Awards. Based upon responses received from this solicitation, TPWD reserves the right to award to one or more Official Corporate Sponsors (OCPs), in accordance with the terms of this RFP.
6.2. Contract Award. A contract will be awarded to the responsible Respondent(s) who submits
the proposal determined to be the best value to TPWD and who meet all requirements included in this RFP. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received.
6.3. Evaluation Committee. An evaluation committee will be established by TPWD to evaluate the
proposals.
U.S. Postal Service Overnight/Express Mail Hand Deliver
Texas Parks and Wildlife Dept. Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744
TPWD – Mail Room Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM NOTE: Proposals must be date stamped in Purchasing & Contracting prior to the due date and time.
TPWD – 1
st Floor Security Desk
Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM
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6.4. Nonconforming Proposals. Proposals that do not conform to the instructions included in this
RFP may be rejected by TPWD. 6.5. Late Proposals. No proposal received in TPWD Purchasing and Contracting Section after the
exact date and time specified as the deadline for responses will be considered. 6.6. Withdrawal of Proposals. Proposals may be withdrawn by written notice at any time prior to
award. An e-mail to the Purchaser identified in Section 2 above will be acceptable as a written notice of withdrawal. No proposals will be returned after award.
6.7. Evaluation: All Proposals will be initially scored with the following criteria and weights with
indicated maximum percentage as outlined in Section 3.4, Evaluation Criteria. Quality of products may be judged on comparative basis to responses of other Respondents to this RFP.
6.8. Investigations. TPWD reserves the right to conduct studies and other investigations as
necessary to evaluate any proposal; request additional references as necessary and consider other U.S. state or federal governmental entity clients of the Respondent in addition to those provided; request additional relevant information; disqualify proposal based on unsatisfactory reports and records of service.
Note: Additional relevant information that may be requested includes, but is not limited to: sample products for visual qualitative assessment. Failure to submit requested information by TPWD designated deadline will result in disqualification of the proposal. Sample products, if requested by TPWD, will be returned to Respondent(s) after contract award.
6.9. Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or
Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of TPWD. The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal. A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. The evaluation committee will evaluate the finalists and make a recommendation for award.
6.10. Award: An award will be made based on the proposal that presents the best value to TPWD.
TPWD anticipates awarding contracts to multiple OCPs as a result of this RFP. TPWD reserves the right to reject any and all offers.
7. TERMS AND CONDITIONS OF PROPOSAL
7.1. AWARD OF A CONTRACT: Standard Contract Terms and Conditions (see Section III) shall apply to any contract awarded as a result of this RFP, to the extent applicable. If a conflict exists between the standard contract terms and conditions (Section III) and specific language in this RFP (Sections I & II), the language in the RFP shall prevail. 7.1.1 A response to this RFP is an offer to contract with TPWD based on the terms,
conditions and specifications contained in the RFP. Responses do not become contracts unless and until they are accepted by an authorized TPWD designee through a formal contract signed by TPWD and the OCP.
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7.1.2 To the extent applicable, this procurement will be conducted in accordance with the State Purchasing laws. (See, e.g., Texas Government Code, Chapters 2151 through 2177).
7.1.3 Any contract awarded as a result of this RFP is void if sold or assigned to another
company without written approval of TPWD. Written notification of changes to company name, address, telephone number, etc. shall be provided to TPWD as soon as possible, but not later than thirty (30) days from the date of change.
7.2. RESPONDENT‟S RESPONSIBILITIES:
7.2.1. Respondent agrees to comply with all terms and conditions contained in RFP and any resulting contract.
7.2.2. Respondent guarantees services offered will meet or exceed the written specifications
identified in this RFP. 7.2.3. Respondent agrees to obtain any necessary licenses and permits required carry out
the obligations of any contract resulting from this RFP. 7.2.4. Respondent agrees to provide all labor, equipment and materials (unless otherwise
stated herein) necessary to furnish the goods or perform the service described in this RFP. A Respondent planning to subcontract all or a portion of the work shall identify the proposed subcontractor in the Respondent‟s response to this RFP.
7.3. ABANDONMENT OR DEFAULT: If the Respondent defaults on the Contract resulting from
this RFP, TPWD reserves the right to cancel the Contract without notice and either re-solicit or re-award the Contract to the next best responsive and responsible Respondent. The defaulting OCP will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work is significantly changed.
7.4. PUBLIC DISCLOSURE: No public disclosures or news releases pertaining to this RFP shall
be made without prior written approval of TPWD. 7.5 TEXAS PUBLIC INFORMATION ACT/ PROPRIETARY OR CONFIDENTIAL INFORMATION:
Information the Respondent provides to TPWD in response to this solicitation will be considered public and subject to disclosure under the Texas Public Information Act. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary information, trade secrets, and certain commercial and financial information where disclosure might cause substantial competitive harm to Respondent’s business. If the Respondent believes that its response to this solicitation contains confidential information in those categories, the Respondent must specifically document this at the top or bottom of each page that contains the information the Respondent considers confidential. The Respondent‟s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Respondent believes applies to this information, i.e. trade secret, proprietary, financial etc. A general disclaimer that the Respondent‟s response contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, Texas Parks and Wildlife Department will assume that all information provided in the response to this RFP is releasable under the Public Information Act.
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7.6 NON-APPROPRIATION OF FUNDS: Any contract resulting from this RFP is subject to
termination or cancellation, without penalty to TPWD, either in whole or in part, subject to the availability of state funds. TPWD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TPWD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TPWD‟s or Respondent‟s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, TPWD will not be liable to Respondent for any damages, which are caused or associated with such termination, or cancellation and TPWD will not be required to give prior notice.
7.7 EXCEPTIONS: NOTE TO RESPONDENT: Any terms and conditions attached by the
Respondent to a RFP will not be considered unless specifically referred to in Respondent‟s response to this RFP and may result in disqualification of the RFP. If any Respondent takes a „blanket exception‟ to the entire RFP or does not provide proposed alternative language, the Respondent‟s proposal may be disqualified from further consideration.
7.8 PROTEST PROCEDURES: Any actual or prospective Respondent who is aggrieved in
connection with this RFP, evaluation, or award of any contract resulting from this RFP may formally protest as provided in TPWD‟s rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350 located at: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350
7.9. BUSINESS OWNERSHIP/CHILD SUPPORT: RESPONDENT MUST PROVIDE, IN THE
SPACE BELOW, THE NAME AND SOCIAL SECURITY NUMBER OF AN INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS, OR OWNERS WITH AN OWNERSHIP INTEREST OF AT LEAST TWENTY-FIVE (25) PERCENT OF THE BUSINESS ENTITY ENTERING INTO THIS CONTRACT. RESPONDENTS THAT HAVE PRE-REGISTERED THIS INFORMATION ON THE CPA/TPASS CENTRALIZED MASTER RESPONDENTS LIST HAVE SATISFIED THIS REQUIREMENT. IF NOT PRE-REGISTERED, COMPLETE THE FOLLOWING:
DO NOT ENTER “CORPORATION”, “PUBLIC CORPORATION”, “PUBLICLY TRADED COMPANY” OR OTHER
NON-RESPONSIVE ANSWERS. IF NO ONE PERSON CONTROLS 25% OR MORE OF THE ORGANIZATION, ENTER “NONE”. NAME SSN % NAME SSN % NAME SSN % NAME SSN %
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SECTION III GENERAL TERMS AND CONDITIONS
THE FOLLOWING CONTRACT TERMS AND CONDITIONS SHALL BECOME A PART OF THE CONTRACT, TO THE EXTENT APPLICABLE. TPWD RECOGNIZES THAT THE RFP SEEKS PROPOSALS THAT WILL RESULT IN THE GENERATION OF REVENUE FOR TPWD. TPWD DOES NOT CURRENTLY ANTICIPATE PAYING FUNDS TO THE OCP. AS A RESULT, SOME OF THESE PROVISIONS MAY BE NEGOTIABLE. HOWEVER, RESPONDENTS ARE PUT ON NOTICE THAT THESE PROVISIONS MAY BE APPLICABLE TO ANY CONTRACT RESULTING FROM THE RFP. 1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth
below: 1.1. OCP: The corporation, company, partnership, firm, or organization that is awarded an Official
Corporate Partnership contract by TPWD. 1.2. Party/Parties: OCP and TPWD may be referred to individually herein as a “Party” or collectively
as “Parties.” 1.3. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is
necessary or incidental to the successful completion of the contract. 1.4. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the OCP,
materials or services necessary or incidental to the performance of the contract between TPWD and OCP.
1.5. TPWD: Texas Parks and Wildlife Department, an agency of the State of Texas.
2. ORDER OF PRIORITY: In the case of conflicts between the Contract and other documents, the
following shall control in this order of priority:
2.1. The Contract 2.2. The RFP, Addendums, Exhibits, Attachments and Terms and Conditions 2.3. OCP‟s Proposal and OCP‟s Best and Final Offer
3. SPECIFICATIONS: The goods and services to be provided shall be in accordance with the contract
herein. Substitutions are not permitted without the written approval of TPWD. 4. SUBCONTRACTORS AND EMPLOYEES: Subcontractors providing service under the purchase
order/contract shall meet the same requirements and level of experience as required of the OCP. No subcontract under the contract shall relieve the OCP of responsibility for the service. If the OCP uses a subcontractor for any or all of the services proposed, the following conditions shall apply under the listed circumstances. TPWD reserves the right to waive requirements if services are considered incidental. 4.1. Respondents planning to subcontract all or a portion of the services proposed shall notify
TPWD of the proposed subcontractors prior to any work being performed.
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4.2. TPWD retains the right to check subcontractor‟s background and make determination to approve or reject the use of submitted subcontractors.
4.3. The OCP shall be the only contact for TPWD and subcontractors. Respondent shall list a
designated point of contact for all TPWD and subcontractor inquiries.
5. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of Texas Government Code shall be used by TPWD and the Respondent to resolve all disputes arising under this contract.
6. PATENTS, TRADEMARKS, OR COPYRIGHTS: OCP agrees to defend and indemnify TPWD and
the State of Texas from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of TPWD's or the State's use of any good or service provided by the Respondent as a result of this RFP.
7. TERMINATION:
7.1. Termination upon Expiration. This contract shall terminate upon full performance of all requirements contained in this contract, unless otherwise extended or renewed as provided in accordance with the contract terms and conditions.
7.2. Termination for Convenience. TPWD and OCP reserve the right to terminate the contract at
any time for convenience, in whole or in part, by providing ninety (90) calendar days advance written notice (delivered by certified mail, return receipt requested) of intent to terminate. In the event of such a termination, OCP shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. TPWD will be liable for performance limited only to the portion of work authorized by TPWD in writing and completed prior to the effective date of cancellation, provided that TPWD shall not be liable for any work performed that is not acceptable to TPWD and/or does not meet contract requirements. Termination under this paragraph shall not relieve the OCP of any obligation or liability that has occurred prior to cancellation.
7.3. Termination for Default. TPWD may, by written notice of default to the OCP, terminate this
contract, in whole or in part, for cause if the OCP fails to perform in full compliance with the contract requirements, through no fault of TPWD. TPWD will provide a thirty (30) day written notice of termination to the OCP (delivered by certified mail, return receipt requested) of intent to terminate, and TPWD will provide the OCP with an opportunity for consultation with TPWD prior to termination.
7.4. Non-Appropriation of Funds or Withdrawal of Authority. This Contract is subject to termination
or cancellation, without penalty to TPWD, either in whole or in part, subject to the availability of state funds. TPWD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TPWD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TPWD‟s or OCP‟s delivery or performance under the Contract impossible, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Paragraph, TPWD will not be liable to OCP for any damages, which are caused or associated with such termination, or cancellation and TPWD will not be required to give prior notice. However, TPWD will endeavor to provide the OCP with as much advanced notice as is practicable under the circumstances in the event of termination pursuant to this paragraph.
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7.5. Cumulative Rights and Remedies. The rights and remedies of TPWD provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
7.6. No Liability Upon Termination. If this Contract is terminated for any reason, TPWD and the
State of Texas shall not be liable to OCP for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, OCP may be entitled to the remedies provided in Government Code, Chapter 2260.
8. INABILITY TO PERFORM: A Party shall be granted relief from performance of the Contract if such
Party is prevented from performance or performance is delayed by an act of war, order of legal authority, act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, or other event or failure or other unavoidable cause outside of such Party‟s control including, without limitation, network or connectivity issues. In such an instance, the Party who has been so affected shall immediately give written notice to the other Party and shall use reasonable efforts to resume performance. The burden of proof for the need of such relief shall rest upon the Party requesting relief.
9. NO WAIVER: Nothing in this Contract shall be construed as a waiver of the state‟s sovereign
immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. TPWD does not waive any privileges, rights, defenses, or immunities available to TPWD by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract.
10. SAFETY AND ACCESS TO TPWD PROPERTY. OCP agrees to take precautions necessary to
protect persons or property against injury or damage, and be responsible for such injury or damage. Only the OCP and its employees will be allowed on TPWD property during TPWD working hours.
11. INSURANCE: To the extent applicable, OCP represents and warrants that it will, within ten (10)
business days of executing this agreement, provide TPWD with current certificates of insurance or other proof acceptable to TPWD of the following insurance coverage:
11.1. Standard Workers Compensation Insurance covering all personnel who will provide services
under this Contract; 11.2. Commercial General Liability Insurance and personal injury of reasonable and commercially
prudent limits. 11.3. OCP represents and warrants that all of the above coverage is with companies licensed in
the state of Texas, and authorized to provide the corresponding coverage. OCP also represents and warrants that all policies contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to TPWD. OCP represents and warrants that it shall maintain the above insurance coverage during the term of this Contract, and shall provide TPWD with an executed copy of the policies immediately upon request. OCP represents and warrants that all of the above coverage is with companies licensed in
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the state of Texas, with an “A” rating from A.M. Best and Company, and authorized to provide the corresponding coverage.
12. INDEMNIFICATION: OCP SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE
OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TPWD, ITS OFFICERS, AND EMPLOYEES AND OCPS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF OCP OR ANY AGENT, EMPLOYEE, SUBOCP, OR SUPPLIER OF OCP IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. OCP SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TPWD.
THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE OCP TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TPWD FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TPWD OR ITS EMPLOYEES.
13. PUBLIC INFORMATION: OCP acknowledges that any information provided to TPWD may be
subject to public disclosure pursuant to the Texas Public Information Act (Act), Chapter 552, Texas Government Code. OCP shall clearly and prominently mark as confidential and/or proprietary any information provides to TPWD that the OCP believes is confidential or proprietary or otherwise not subject to disclosure pursuant to the Act. A general disclaimer that information provided by the Contactor contains confidential information will not be sufficient to meet this requirement. In the event TPWD receives a request for information that has been appropriately marked by OCP, and if such information is not clearly otherwise subject to public disclosure (e.g., information that has been widely distributed to the public), TPWD will seek an Open Records Decision from the Office of the Texas Attorney General (OAG) pursuant to the Act and shall notify the OCP of such request for an Open Records Decision. The OCP will be responsible for submitting arguments in support of nondisclosure of the confidential information to OAG. Alternatively, if TPWD determines that such information must be disclosed, TPWD may provide the OCP advanced notice of such disclosure.
14. INDEPENDENT PARTIES: Both parties hereto, in the performance of this contract, shall act in an
individual capacity and not as agents, employees, partners, joint ventures or associates of one another. Respondent is and shall remain an independent OCP in relationship to TPWD. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever.
15. LIMITATION ON AUTHORITY OCP shall have no authority to act for or on behalf of TPWD or the
State of Texas except as expressly provided for in this Contract; no other authority, power or use is granted or implied. OCP may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or TPWD.
16. FEDERAL AND STATE STATUTORY COMPLIANCE AND CERTIFICATIONS
16.1. Applicable Laws and Venue. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas. The venue of any suit arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas.
16.2. Compliance with Legal Requirements Generally. OCP must comply with all laws,
regulations, ordinances requirements and guidelines (collectively referred to as “laws”)applicable to a OCP providing services to the State of Texas as these laws currently
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exist and as they are amended throughout the term of this Contract. TPWD reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term to incorporate any modifications necessary for TPWD or OCP‟s compliance with all applicable State and federal laws, and regulations. However, if federal or state laws or regulations or other federal or state requirements are amended or judicially interpreted so that either TPWD or the OCP cannot reasonably fulfill the Contract and if the Parties cannot agree to an amendment that would enable substantial continuation of the Contract, the Parties may be discharged from any further obligations under the Contract.
16.3. Certifications, Licenses and Permits. OCP agrees to obtain any necessary certifications,
licenses and permits. 16.4. Excluded Parties List System (EPLS). OCP agrees and acknowledges that no state funds
may be paid to an individual or firm whose name appears on the Federal Excluded Parties List System (EPLS), which is a federal government maintained database that records and tracks organizations, either known to or suspected of contributing to terrorist organizations. TPWD reserves the right, in its sole discretion, to deny and/or exclude any individual or firm from participating in any capacity in the Contract whose name appears on this list.
16.5. Felony Criminal Convictions. OCP represents and warrants that OCP has not and OCP‟s
employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, OCP has fully advised TPWD as to the facts and circumstances surrounding the conviction.
16.6. Immigration. OCP represents and warrants that it shall comply with the requirements of the
Immigration Reform and Control Act of 1986, Immigration Act of 1990, regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
16.7. Civil Rights Laws. The Parties shall comply with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and shall offer persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the basis of race, color national origin, age, and sex (in educational activities) or disability.
16.8. Conflict of Interest. Under §2155.003, Government Code, a TPWD employee may not have
an interest in, or in any manner be connected with a contract or proposal for a purchase of goods or services by TPWD; 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. OCP certifies that it has not given, offered to give, nor intends to give or offer to give at anytime hereafter, directly or indirectly, any benefit, including, but not limited to, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, service, promise, obligation, or contract for future reward or compensation, to a public servant in connection with this Contract. OCP further certifies that OCP has no actual or potential conflicts of interest in providing services to TPWD under this Contract and that OCP‟s provision of services under this Contract would not reasonably create an appearance of impropriety.
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16.9. Drug-Free Workplace Requirements. OCP shall comply with the applicable provisions of the
Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq. ET SEQ.) and maintain a drug-free work environment.; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the OCP shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued.
16.10. Antitrust.
16.10.1. OCP certifies that neither OCP nor anyone acting for OCP has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business.
16.10.2. OCP hereby assigns to TPWD, any and all claims for overcharges associated with
this Contract which arise under the antitrust laws of the United States 15 U.S.C., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).
16.11. Contract Eligibility. Pursuant to Section 2155.004, Government Code, OCP certifies that
OCP has not received compensation for participation in the preparation of the specifications for the RFP and that OCP is not ineligible to receive this Contract. OCP acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
16.12. Delinquent Obligations to the State. Pursuant to Section 231.006 (d), Family Code,
regarding child support, OCP certifies that OCP is not ineligible to receive the specified payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. OCP agrees that any payments due under this Contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.
16.13. Executive Head of State Agency. OCP certifies that it is in compliance with section 669.003
of the Government Code, relating to contracting with executive head of a State agency. 16.14. Suspension, Debarment, and Terrorism. OCP certifies that it is eligible to participate in this
Contract and has not been subject to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that OCP is in compliance with the State of Texas statutes and rules relating to procurement and that OCP is not listed on the federal government‟s terrorism watch list as described in Executive Order 13224.
16.15. Electronic and Information Resources Accessibility (Technology Access) Standards. This
paragraph shall apply to the extent applicable under state law. As Required by 1 Tex. Admin. Code Chapter 213 (Applicable to State Agency and Institution of Higher Education Purchases Only) Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 Tex. Admin. Code Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. OCP shall provide the Texas Department of Information Resources (“DIR”) with the URL to its Voluntary Product Accessibility Template (“VPAT”) for reviewing compliance with the State of Texas
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Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). If OCP is not listed with the “Buy Accessible Wizard” or is unable to supply a URL to its, VPAT, then OCP shall provide DIR with a report that addresses the same accessibility criteria in substantively the same format.
16.16. Federal Disaster Relief Fraud. OCP agrees and acknowledges pursuant to Section
2155.006(b) of the Texas Government Code, that this Contract does not include financial participation by a person who, during the five-year period preceding the date of the Contract has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, OCP acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
16.17. Buy Texas. To the extent applicable, OCP agrees to comply with Texas Government Code
2155.4441, pertaining to use of products produced in the State of Texas. OCP represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and in a comparable period of time when compared to non-Texas products and materials.
16.18. Deceptive Trade Practices. OCP represents and warrants that it has not been the subject of
allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that OCP has not been found to be liable for such practices in such proceedings. OCP certifies that it has no officers who have served as officers of other entities who have been the subject allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings.
16.19. ASSIGNMENT: This Contract may not be assigned, sold, or transferred without the express written consent of TPWD. An attempted assignment after the event of the contract award without TPWD approval will constitute a material breach of contract.
16.20. SEVERABILITY: In the event that any provision of this Contract is later determined to be
invalid, void, or unenforceable, then the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
16.21. AMENDMENTS: Except as expressly provided in elsewhere in this Contract, this Contract
may be amended only upon written agreement between TPWD and OCP; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void from the initiation.
16.22. NOTICES: Any written notices required under this Contract will be by either hand delivery to
OCP‟s office address specified in the Execution of Proposal, Exhibit A, of this Contract or by
RFP No. 802-12-17437 Page 26 of 31
U.S. Mail, certified, return receipt requested, to TPWD, Attn: Purchasing, 4200 Smith School Road, Austin, TX 78744. Notice will be effective on receipt by the affected party. Either party may change the designated notice address in this Section by written notification to the other party.
16.23. HEADINGS. Headings are solely for the Parties' convenience, are not a part of this
Contract, and will not be used to interpret this Contract. The singular form will include the plural and vice versa. This Contract will not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared it. Unless otherwise indicated, all references to sections are to sections in this Contract.
RFP No. 802-12-17437 Page 27 of 31
Attachment A
Texas Parks & Wildlife Department Brand and Slogan (Not complete list)
Other registered service marks and subbrands:
RFP No. 802-12-17437 Page 28 of 31
EXHIBIT A EXECUTION OF PROPOSAL
NOTE: RESPONDENTS SHALL COMPLETE AND RETURN THIS EXHIBIT WITH THEIR PROPOSAL. Failure to do so will result in disqualification of the proposal.
1 By signature hereon, the Respondent certifies that:
1.1 All statements and information prepared and submitted in the response to this RFP are current, complete and accurate.
1.2 The Respondent has not given, offered to give, nor intends to give at anytime hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Failure to sign the Execution of Proposal or signing it with a false statement shall void the submitted offer or any resulting contracts.
1.3 Respondent certifies that the Respondent or the firm, corporation, partnership, or institution represented by the Respondent or anyone acting for such firm, corporation, or institution in connection with this RFP is not ineligible to enter a Contract resulting from this RFP, including the terms and conditions contained in Section III of this RFP.
1.4 Respondent certifies that it is in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, respondent will complete the following information in order for the RFP to be evaluated: 1.9.1 Name of former executive:____________________________ 1.9.2 Name of state agency:________________________________ 1.9.3 Date of separation from state agency:___________________ 1.9.4 Position with Respondent:_________________________________ 1.9.5 Date of employment with Respondent:_______________________
2 Ties. In the case of a tie between two (2) or more Respondents, the award will be made in accordance with preferences as outlined in TAC, Title 34, Part 1, Chapter 20, Subchapter C, Section 20.38. If a tie still exists after review of preferences claimed by Respondents, TPWD will draw lots to break the tie.
Check below if preference claimed under TAC, Title 34, Part 1, Chapter 20, Subchapter C, Section 20.38
PREFERENCES See Section 2.38 of the State of Texas Procurement Manual regarding preferences.
□ Goods produced or offered by a Texas Respondent that is owned by a Texas resident service-disabled veteran □ Goods produced in Texas or offered by a Texas Respondent that is not owned by a Texas resident service-
disabled veteran □ Agricultural products grown in Texas □ Agricultural products offered by a Texas Respondent □ Services offered by a Texas Respondent that is owned by a Texas resident. By signing this RFP, Respondent
certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20.
□ Service-disabled veteran □ Services offered by a Texas Respondent that is not owned by a Texas resident □ Service disabled veteran □ Texas Vegetation Native to the Region □ USA produced supplies, materials or equipment □ Products of persons with mental or physical disabilities □ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel □ Energy Efficient Products □ Rubberized asphalt paving material □ Recycled motor oil and lubricants □ Products produced at facilities located on formerly contaminated property □ Products and services from economically depressed or blighted areas □ OCPs that meet or exceed air quality standards □ Recycled or Reused Computer Equipment of Other Manufacturers □ Foods of Higher Nutritional Value
RFP No. 802-12-17437 Page 29 of 31
RESPONDENT (COMPANY/FIRM): ____________________________________ SIGNATURE: ________________________________________________________ NAME (TYPED/PRINTED): ___________________________________________ TITLE: ______________________________________________________________ DATE: ______________________________________________________________ STREET: ________________________________________________________ CITY/STATE/ZIP: ______________________________________________________ TELEPHONE AND FASCIMILE NO.: _____________________________________ TEXAS IDENTIFICATION NUMBER (TIN): _______________________________ E-MAIL ADDRESS: ______________________________________________________
RFP No. 802-12-17437 Page 30 of 31
EXHIBIT B COMPANY PROFILE
Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this RFP. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.
Company Name:
Number Years in Business: Number of Employees:
Principal place of business (Corporate Headquarters):
Address:
City, State, Zip:
Facility responsible for servicing the contract: If different than Principal place of business
Address:
City, State, Zip:
Contact Person regarding company’s proposal submission to the solicitation:
Name / Title:
Phone Number:
Email Address:
Personnel who will be responsible for the management and OCP effort solicited in this RFP.
Name/Title:
Description of firm's background, history, and qualifications (you may add pages for this section)
RFP No. 802-12-17437 Page 31 of 31
2
EXHIBIT C PROPOSED METHODS
On a separate sheet, Respondent shall provide the following information:
1. Category for which Exclusivity is Desired
2. Proposed Cash Investment to TPWD
3. Proposed Same as Cash Investment to TPWD, if applicable. (see Section 1, section 3.3.2) Be as specific
as possible, including the brand, model and quantity.
4. Proposed Promotions to Raise Revenue for TPWD or Increase Visitation to TPWD Sites, and proposed
timeline, if applicable. Provide as much detail as possible, including advertising or other efforts to
support.
5. Proposed Licensed Products, if applicable (see Section I, section 7). Provide as much detail as possible,
including advertising or other efforts to support.
6. Proposed In-Kind, if applicable (see Section II, section 3.3.3.) Provide as much detail as possible,
including the brand, model and quantity.
