Texas Military Department Invitation for Bids

TEXAS MILITARY DEPARTMENT INVITATION FOR BIDS

IFB 3/2008 IF NOT BIDDING BID OPENING  2:00 PM Central Time DO NOT RETURN THIS FORM. (CT), 1/27/2015 BIDDER AGREES TO COMPLY WITH ALL TERMS & CONDITIONS OF THIS IFB PROJECT NO.  TX15-ENV-06 AGENCY TO INVOICE

TEXAS MILITARY DEPARTMENT P. O. BOX 5218, ATTN: JFTX-RP τ FAILURE TO SIGN WILL DISQUALIFY BIDτ AUSTIN, TX. 78763-5218

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE AUTHORIZED SIGNATURE DATE

TEXAS MILITARY DEPARTMENT 2200 W. 35TH ST., BLDG 11, 2ND FL By signing this bid, bidder certifies that if a Texas address is shown as the address of the AUSTIN, TX 78703 bidder, bidder qualifies as a Texas Bidder as defined in Comptroller of Public Accounts (CPA) 34 TAC Rule 20.32(68).

WHEN BIDDING: Each bid must be placed in a separate envelope with bid opening date and requisition number annotated immediately τ VENDOR ADDRESS AND IDENTIFICATION NUMBER τ below return address on SEALED BID ENVELOPE.

IF BIDDING, RETURN SEALED BIDS TO: TEXAS MILITARY DEPARTMENT P. O. BOX 5218, AUSTIN, TX 78763-5218 OR HAND DELIVER TO: BUILDING #11, 2nd Floor (8:00 am - 5:00 pm) OR OVERNIGHT/EXPRESS MAIL TO: 2200 W. 35TH ST., CAMP MABRY MAIL ROOM (Susana Rivera), AUSTIN, TX. 78703 (7:45 am - 4:45 pm)

Vendor ID # ______

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS. THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A PAYEE ID NUMBER:

PLEASE ENTER YOUR FEDERAL EIN: □□□□□□□□□□ Every vendor MUST have an EIN prior to receiving payment under an awarded contract. This is being required in an effort to minimize identity theft. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site: http://www.irs.gov/businesses/ CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR PARTNERSHIP AND COMPLETE SECTION 11: 

PREFERENCES See Section 2.38 of CPA’s State of Texas Procurement Manual regarding preferences. Check below to claim a preference under CPA’s 34 TAC Rule 20.38 □ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran □ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran □ Agricultural products grown in Texas □ Agricultural products offered by a Texas bidder □ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran □ Services offered by a Texas bidder 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 □ Vendors that meet or exceed air quality standards □ Recycled or Reused Computer Equipment of Other Manufacturers □ Foods of Higher Nutritional Value

TEXAS MILITARY DEPARTMENT STANDARD TERMS AND CONDITIONS: ITEMS BELOW APPLY TO AND BECOME PART OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING.

1. BIDDING REQUIREMENTS: 1.01. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form. 1.02. Bids should be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid. 1.03. Bids must be time stamped at TEXAS MILITARY DEPARTMENT (TMD) on or before the hour and date specified for the bid opening. 1.04. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract. 1.05. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. 1.06. Bid prices are requested to be firm for TMD acceptance for 30 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned. 1.07. Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right hand corner. 1.08. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the TMD based on an acceptable written reason. 1.09. Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request. 1.10. AWARD NOTICE: The State reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items at the sole discretion of the State. The State also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of the State. Any contract may also be extended up to three months at the sole discretion of the State. 1.11. Consistent and continued tie bidding could cause rejection of bids by the TMD and/or investigation for antitrust violations. 1.12. Inquiries pertaining to this IFB must include the requisition number, class/item codes, and opening date. 2. SPECIFICATION: 2.01. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov't Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc. 2.02. Unless otherwise specified, items shall be new and unused and of current production. 2.03. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA. 2.04. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address, and requisition number. Do not enclose in or attach bid to sample. 2.05. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB). 2.06. Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: Awards will be made in accordance with 34 TAC Rules 20.36(b)(3) and 20.38 (Preferences). 4. DELIVERY: 4.01. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded. 4.02. If delay is foreseen, bidder shall give written notice to the TMD and the ordering agency. Bidder must keep the TMD and ordering agency advised at all times of status of order. 4.03. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TMD to purchase the goods or services of this IFB elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder. 4.04. No substitutions permitted without written approval of TMD. 4.05. Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the State. Authorized TMD personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State's option, be returned to the bidder or held for disposition at bidder's expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and IFB 3/2008 2 interpreted under the laws of the State of Texas. The factors listed in §§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas. 7. PAYMENT: Bidder shall submit 2 copies of an itemized invoice showing State order number and agency requisition number on all copies. The State will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code. 8. PATENTS, TRADEMARKS, OR COPYRIGHTS: Bidder agrees to defend and indemnify the TMD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TMD's or the State's use of any good or service provided by the bidder as a result of this IFB. 9. BIDDER ASSIGNMENTS: Bidder hereby assigns to the TMD any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Comm. Code §15.01, et seq. 10. BIDDER AFFIRMATIONS: Signing this bid with a false statement is a material breach of contract and shall void the submitted bid and any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that: 10.01. The bidder 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 submitted bid. 10.02. Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 10.03. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of the specifications for this IFB. 10.04. Pursuant to §231.006(d), Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to §231.006, Gov't Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the Name & Social Security Numbers for each person below: Name: Social Security Number: Name: Social Security Number: Name: Social Security Number: 10.05. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract. 10.06. As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this IFB shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by TMD under §§403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas. 10.07. Pursuant to §669.003, Gov't Code, TMD may not enter into a contract with a person who employs a current or former executive head of the TMD or any other state agency until four years has passed since that person was the executive head of the TMD or any other state agency. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of the TMD or any other state agency in the past four years. If bidder does employ a person who was the executive head of the TMD or any other state agency, provide the following information: Name of Former Executive: ______Name of State Agency: ______Date of Separation from State Agency: ______Position with Bidder: ______Date of Employment with Bidder: ______10.08. In accordance with §2155.4441, Gov't Code, bidder agrees that during the performance of a contract for services it shall 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. 10.09. Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating to procurement and that bidder is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov 10.10. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any 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, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

IFB 3/2008 3 10.11. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities. 10.12. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TMD under the IFB and any resulting contract, if any, and that bidder’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety. 11. NOTE TO BIDDER: If bidder takes any exceptions to any provisions of the IFB, these exceptions must be specifically and clearly identified by section in bidder’s bid in response to the IFB and bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire IFB. If any bidder takes a ‘blanket exception’ to the entire IFB or does not provide proposed alternative language, the bidder’s bid may be disqualified from further consideration. 12. PROTEST PROCEDURES: Any actual or prospective bidder who is aggrieved in connection with this IFB, evaluation, or award of any contract resulting from this IFB may formally protest as provided in Comptroller of Public Accounts rules at 34 TAC Rule 20.384. 13. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260, Gov't Code must be used by the TMD and the bidder to attempt to resolve any dispute arising under any contract resulting from this IFB. 14. NON-APPROPRIATION OF FUNDS: Any contract resulting from this IFB is subject to termination or cancellation, without penalty to TMD, either in whole or in part, subject to the availability of state funds. TMD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TMD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TMD’s or bidder’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, TMD will not be liable to bidder for any damages, which are caused or associated with such termination, or cancellation and TMD will not be required to give prior notice. 15. TEXAS PUBLIC INFORMATION ACT: Notwithstanding any provisions of this IFB to the contrary, bidder understands that TMD will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. Within three (3) days of receipt, bidder will refer to TMD any third party requests, received directly by bidder, for information to which bidder has access as a result of or in the course of performance under any contract resulting from this IFB. Any part of the solicitation response that is of a confidential or proprietary nature must be clearly and prominently marked as such by the bidder. 16. CONFLICT OF INTEREST: Under §2155.003, Gov't Code, a TMD 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. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, 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 TMD or purchasers of other state agencies. 17. FORCE MAJEURE: Neither bidder nor TMD shall be liable to the other for any delay in, or failure of performance, of any requirement included in any contract resulting from this IFB caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense. 18. INDEPENDENT CONTRACTOR: Bidder is and shall remain an independent contractor in relationship to the TMDS. The TMD shall not be responsible for withholding taxes from payments made under any contract resulting from this IFB. Bidder shall have no claim against the TMD for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 19. INDEMNIFICATION: BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TMD, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, 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 BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS IFB. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TMD. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TMD FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TMD OR ITS EMPLOYEES. 20. RIGHT TO AUDIT: In addition to and without limitation on the other audit provisions of this IFB, pursuant to §2262.003, Texas Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state IFB 3/2008 4 auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the bidder or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. This IFB or any contract resulting from this IFB may be amended unilaterally by TMD to comply with any rules and procedures of the state auditor in the implementation and enforcement of §2262.003, Texas Government Code. Bidder will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the bidder and the requirement to cooperate is included in any subcontract it awards.

21. U.S. Department of Homeland Security’s E-Verify System By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:

1. All persons employed to perform duties within Texas, during the term of the Contract; and 2. All persons (including subcontractors) assigned by the Respondent to perform work pursuant to the Contract, within the United States of America.

Contractor shall provide, upon request of Texas Military Department, an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed.

If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated Contract.

IFB 3/2008 5

BID OPENING   2:00 PM (CT) 1/27/2015

INVITATION FOR BIDS PROJECT NO.  TX15-ENV-06 TEXAS MILITARY DEPARTMENT PAGE 6 OF 12 Continuation Page(s)

VENDOR VENDOR ID # (VENDOR NAME)

ITEM NO. CLASS & ITEM DESCRIPTION QUANTITY UNIT MAKE/MODEL UNIT PRICE EXTENSION

926-42, 72; 962-76

1. INVITATION:

In accordance with the provisions of Texas Government Code §2156.063, Solicitation of Bids, the TEXAS MILITARY DEPARTMENT (TMD) is seeking bids for a qualified vendor to plan, execute, and evaluate a 2 to 2 ½ day meeting for approximately 10-15 tribal attendees (based on historical attendance) to be held within the Austin, Travis County area to allow Texas Army National Guard (TXARNG), to conduct an annual meeting with representatives from 11 Federally Recognized Tribes desiring meaningful government to government consultation as defined in Department of Defense Instruction 4710.02 Interactions with Federally Recognized Tribes.

Services shall be performed in accordance with the attached – Statement of Work and Additional Contract Clauses.

2. HISTORICALLY UNDERUTILIZED BUSINESSES

2.1 HUB Policy Statement: It is the policy of the TMD to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. The Policy applies to all contracts with a potential value of $100,000 or more. If the TMD determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Response. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Response.

The Texas Military Department has determined that a HUB Subcontracting Plan is NOT required for this Invitation for Bids.

IFB 3/2008 6

INSTRUCTIONS TO BIDDERS

3. BIDDING REQUIREMENTS Reference the attached detailed Statement of Work for bidding requirements as follows: (1) Statement of Work (pages 1-10) (2) Attachment 1, Example Draft Agenda (page 11) (3) Attachment 2, Examples of Possible Excursions (page 12) (4) Attachment 3, TXARNG Consulting Nations (page 13) (5) Attachment 4, Best Value Bid Evaluation Criteria (page 14) (6) Exhibit C, Insurance Requirements

Texas Military Department retains all Ownership/Intellectual Property, including Rights to Data, Documents and final product.

3.1 Schedule of Events

• Issue Invitation for Bids: 1/5/2015 • Deadline for Submission of Questions: 1/9/2015 at 2:00 PM (CT) • Deadline for Posting Responses to Questions: 1/16/2015 • Deadline for Submission of Bids: 1/27/2015 at 2:00 PM (CT)

QUESTIONS: All questions shall be submitted in writing to Kristen Mt.Joy via e-mail at: [email protected] by 1/9/2015.

All inquiries will result in written responses posted to the Electronic State Business Daily (ESBD) available at http://esbd.cpa.state.tx.us/ on 1/16/2015.

Contact with personnel other than contact listed above in regards to this solicitation will be grounds for disqualification.

It is the responsibility of the interested parties to periodically check the ESBD for updates to the procurement prior to submitting a bid. The Bidder’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirement of the IFB.

IFB 3/2008 7

3.2 Bidders are invited to submit sealed bids in response to this Invitation for Bid (IFB). Please bring, or hand deliver, the sealed Invitation for Bid (IFB) to the TEXAS MILITARY DEPARTMENT, 2200 W. 35th Street, Bldg. 11, 2nd Floor, Austin, TX 78703 or U.S. Postal Service to PO Box 5218, ATTN: Susana Rivera, Bldg. 11, 2nd Floor Austin, TX 78763-5218.

3.3 The Invitation for Bid form must be received no later than 2:00 PM (CT), January 27, 2015, the bids will be time and date stamped and secured for the bid opening at 2:00 PM (CT) January 27, 2015. At this time they will be publicly opened and read aloud. Any Bid received after the specified time will be returned to sender unopened. Due to security requirements at Camp Mabry, if hand delivering please allow sufficient time to deliver bid. You must have a valid driver’s license or government issued identification card to gain access to Camp Mabry.

3.4 Each IFB form shall be placed in an envelope, properly addressed and marked clearly on the outside that an Invitation for Bid Form is enclosed. The bidder shall indicate his/her business name and address in the upper left corner. In the lower left corner the bidder shall indicate "Invitation for Bid (TX15-ENV-06)", and the bid opening date and time. No penalty or other responsibility shall be assigned to the Owner's representative for the premature opening of any bid not properly addressed and identified.

3.5 Bid cannot be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. Only corrections, deletions or additions to bid proposal forms shall be made by electronic communication provided such communication is received in correct and comprehensive form prior to the opening time of bids and is confirmed by letter over the signature of the bidder.

If written confirmation is not received within three (3) working days from the date of receipt of bids, no consideration will be given to the electronic communication modification. Show regular information on envelope and add the word: "Confirmation." No telephone corrections, additions, or deletions will be accepted.

3.6 Bid invitations will allow sufficient time for receipt of the preferred mail response. The State shall not be responsible for bids being received late, illegible, incomplete, or otherwise non-responsive.

IFB 3/2008 8

3.7 The Point of Contact representative for this IFB and required services for the TEXAS MILITARY DEPARTMENT : Susana Rivera, 512-782-5277 [email protected]

3.8 Pre-Bid Site Visit: Not applicable.

3.9 AWARD: Award will be based on the most qualified, responsive, responsible bidder and price.

3.10 INSURANCE: Upon notice of award, vendor shall provide a certificate of insurance in the amounts for each category as outlined in Exhibit C, Insurance Requirements.

4. ORDER OF PRECEDENCE: Any conflicts in terms and conditions shall be resolved with precedence given to the following order of descending priority:

a. Written Contract;

b. Conditions contained in the Invitation for Bid; and

c. Successful vendor’s response to IFB.

5. CONTRACTORS BID:

Task 1: Kickoff Meeting/Work Plan Development • Total Task 1 $______

Task 2: Coordination Meeting Logistics • Total Task 2 $______

Task 3: Development of Invitational Letters • Total Task 3 $______

Task 4: Meeting Materials • Total Task 4 $______

Task 5: Consultation Meeting Close-Out • Total Task 5 $______

Task 6: Progress Reports • Total Task 6 $______

Task 7: Deliverables Schedule • Total Task 7 $______

TOTAL FOR TASKS 1-7 • (Figure Amount):______

IFB 3/2008 9

(Written Amount):______*Services will be awarded Per Attachment 4

6. PAYMENT

7.1 Invoices shall be submitted to: Texas Military Department, ATTN: NGTX-RMA, Accounts Payable, PO Box 5218, Austin, TX 78763-5218 or via email at: [email protected]

6.1 Vendor shall submit two (2) copies of an itemized invoice showing State Purchase Order Number and Agency Project Number on all copies.

6.2 The State will incur no penalty for late payment if payment is made in thirty (30) or fewer days from receipt of goods or services and an uncontested invoice. Payment shall be made in accordance with Chapter 2251, Gov't Code.

6.3 All invoices shall be verified and certified by the designated representative or alternate representative.

6.4 After invoice is verified, certified and accepted for payment a state warrant shall be issued to the contractor utilizing funds made available by the federal government.

7. VENDOR PERFORMANCE: Contractor’s performance will be monitored and reported through the Comptroller’s Vendor Performance Tracking System as described in 34 Texas Administrative Code § 20.108 (b).

8. TERMINATION

8.1 (a) The contract, either in whole or part, is subject to cancellation without penalty by the Texas Military Department, by giving thirty (30) days written notice of intent to terminate.

8.1 (b) If the termination is for failure of the contractor to fulfill the contract obligations, the state may complete the work by contract or otherwise and the contractor will be liable for any additional cost incurred by the state.

8.1 (c) If, after termination for failure to fulfill contract obligations, it is determined that the contractor had not failed, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the state.

IFB 3/2008 10

8.1 (d) The rights and remedies of the state provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

8.1 (e) This contract is subject to cancellation without penalty either in whole or part if funds are not appropriated by the Texas Legislature, Federal Government or otherwise made available.

9. ADDITIONAL CONTRACT CLAUSES

9.1 The TEXAS MILITARY DEPARTMENT will grant relief from performance of the contract if the vendor is prevented from compliance and specific performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the vendor. The burden of proof for need of such relief shall rest upon the vendor.

9.2 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor Agency, to conduct an audit or investigation in connection with those funds.

9.3 Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through contractor and the requirement to cooperate is included in any subcontract awards.

9.4 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 Chapter 552 of the Texas Government Code (The "Public Information Act")

9.5 Any contract(s) awarded under this Invitation to Bids may be funded with state and federal funds and award is contingent upon the availability of appropriated funds or any other funds made available to the TEXAS MILITARY DEPARTMENT.

9.6 Neither the United States, nor any of its Departments, Agencies or Employees, is, or will be a party to the Invitation to Bid or any resulting contract.

9.7 Liquidated damages may be assessed as follows: In the event the successful bidder fails to deliver the requested goods or services in accordance with the deadline, the Agency shall require the successful bidder to pay $250.00 for each day of delay.

IFB 3/2008 11

9.8 Bid acceptance period: All bids will be valid for sixty (60) calendar days after the bid opening date and will constitute an irrevocable offer to the Agency for the 60 calendar day period. Such period may be extended beyond the 60 calendar day period upon mutual agreement of both parties.

9.9 Advertising of Award: The contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Agency or is considered by the Agency to be superior to other products or services.

9.10 Federal Debarment and Terrorism Regulations:

• A bidder certifies that they are in compliance with Texas Government Code, 1 TAC 113 and in compliance with executive order 13224 relating to terrorism. The current list is located at http://www.epls/gov

• (2) Neither the bidder nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal, State, or any other Government Department or entity. The Federal Excluded Persons List System (EPLS) current list is located at http://www.epls.gov

Texas Military Department Point-of-Contact for this Invitation to Bids: Susana Rivera, CTPM - (512) 782-5277

Contractors Point-of-Contact: Name: ______(Please Print) Telephone No:______

Cell No:______

IFB 3/2008 12

STATEMENT OF WORK TEXAS MILITARY FORCES FACILITIES MANAGEMENT OFFICE ENVIRONMENTAL OFFICE PO BOX 5218 AUSTIN, TX 78763

TX Army National Guard Annual Tribal Meeting for May 2015

1.0 PROJECT DESCRIPTION: The project consists of the planning, execution, and evaluation of a 2 to 2 ½ day meeting (May 2015) for approximately 10-15 tribal attendees (based on historical attendance) to be held within the Austin, Travis County Area to allow Texas Army National Guard (TXARNG), to conduct an annual meeting with representatives from 11 Federally Recognized Tribes desiring meaningful government to government consultation as defined in Department of Defense Instruction 4710.02 Interactions with Federally Recognized Tribes.

2.0 BACKGROUND: The TXARNG currently coordinates with 11 different sovereign tribal nations with historical ties to different regions of the state. The lands on which TXARNG trains and conducts daily operations may have significance to these Tribes. Other mission related activities require Federally mandated coordination regarding the historic nature of buildings, specific sites, and specific events prior to federal undertakings. For example, new construction or ground disturbing activities at large training installations are of specific interest to these nations as they may have the potential to disturb archaeological sites and features protected under the National Historic Preservation Act (NHPA) and Native American Graves Protection and Repatriation Act (NAGPRA).

The TXARNG is committed to initiating and maintaining meaningful government-to- government communication with federally recognized Tribes as mandated by Department of Defense and Federal Executive Orders (13007 Indian Sacred Sites and 13174 Tribal Consultation Memorandum for the Heads of Executive Departments and Agencies ). TXARNG has established a working relationship with many of these Tribes during previous meetings.

The goal of the meeting is to provide participants an opportunity to continue dialogue between Tribal and Guard representatives in order to assist the TXARNG with current and future projects requiring compliance with the National Environmental Policy Act (NEPA) and coordination under the National Historic Preservation Act (NHPA), American Indian Religious Freedom Act (AIRFA), Archaeological Resources Protection Act (ARPA), Native American Graves Protection and Repatriation Act (NAGPRA), Executive Order 13007- Indian Sacred Sites, and Executive Order 13175 - Consultation and Coordination with Native American Tribal Governments. Bringing Tribal participants together with the Adjutant General and/or designated command staff allows Tribal representatives to become more familiar with Guard properties and 1

discuss tribal interests and concerns in relation to cultural and natural resources on those properties. This effort can also improve efficiency in the dissemination of relevant material to the Tribes.

The meeting will be directed at providing the Tribes with an understanding of planned impacts of ongoing and future projects to TXARNG lands. This will be accomplished through presentations to the group participants. Presentations will be followed by discussion with Native American representatives, who will provide commentary, voice concerns, and make recommendations on the actions of the TXARNG with regard to Native American interests.

This meeting will serve to build upon past meetings held from 2006 onward and strengthen the foundation for future meetings to continue a long-term working relationship between the TXARNG and interested federally recognized Tribal governments. Privacy for the Tribes to talk among themselves will be provided as requested.

The meeting will also provide awareness training for Guard environmental and command staff, as well as representatives of affiliated federally recognized Tribal governments. Activities and deliverables under this contract will follow all applicable federal and state laws, as well as the Presidential Memorandum dated 29 April 1994-Government to Government Relations with Native American Tribal Governments, Department of Defense American Indian and Alaska Native Policy 27 October 1999, Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, Army Regulation (AR) 200-1, Department of Defense Instruction 4715.3, and U.S. Army National Guard, National Guard Bureau implementation guidance.

As a general guideline, travel costs are generally limited to the cost associated with reimbursing Native American Tribal representatives and invited speakers for travel and per diem associated with the meeting.

3.0 SCOPE OF WORK Attendees at the meeting will include federally recognized Native American Tribal leaders and designated representatives, State Historic Preservation Office representatives, State Archaeologists, Guard staff, and Army National Guard Directorate (ARNG-Directorate) cultural resources staff if available. The contractor will provide logistical and professional services for conducting a 2 to 2 ½ day Native American meeting between the TXARNG and Tribal representatives. Eleven different nations will be invited to send two representatives to the meeting to be reimbursed under this contract for travel and per diem, with additional representatives invited to attend at the cost of the nation (or pending availability of open slots for reimbursement). Based on assumptions derived from previous meetings, it is expected that at least 10-12 federally recognized Tribal leaders/representatives will attend although there is a probability of up to 22 attendees and should be considered in developing cost proposals. It is important to also note that TXARNG may invite representatives from National Guard Bureau and other State Army National Guard offices to attend the meeting as “observers” to facilitate discussions. These attendees would be responsible for their own travel, per diem and other logistics, but may be factored into the size of room blocks reserved, meeting rooms and 2

associated events. At the proposed kick-off meeting, the TXARNG and contractor will discuss projected numbers of attendees to determine level of meeting space, etc. In general, the TXARNG has anywhere from 4-6 representatives attending the daily meetings, including representatives of Command Staff. It is possible that an additional 4-8 attendees would be present from other agencies or Army National Guard offices.

3.1 Specified Tasks:

3.1.1 Task 1: Kickoff Meeting / Work Plan Development This task includes a kickoff meeting between the contractor and TXARNG. Within ten (10) calendar days following the receipt of the Purchase Order (PO), the contractor shall arrange and conduct a kickoff meeting with TXARNG.

The main purpose of the kickoff meeting is to provide specific guidance to the contractor in reference to the Tasks and Deliverables provided in this SOW and identify points of contact (POCs). During the kickoff meeting, the TXARNG and contractor will also develop a work plan. The work plan will initially be broad in scope and will be refined as necessary per this SOW. Primary focus will be on planned Guard projects in concert with their associated effects on the cultural and natural environment. Decisions on meeting size and room block needs will also be discussed and refined.

3.1.2 Task 2: Coordination Meeting Logistics This task addresses the need to prepare an agenda, pre-meeting inquiries, discuss meeting logistics, and develop a list of potential speakers for the meeting. Using the work plan developed during the kickoff meeting, the contractor shall provide all planning, logistics, and organization pursuant to the successful execution of the meeting. On-going communication and cooperation between the contractor and the TXARNG and the Guards will be necessary to successfully accomplish this task.

The logistical needs of the meeting, including the content and place of meeting presentations, audio-visual equipment needs, and registration materials, must all be organized for an effective meeting and will be established in consultation with TXARNG staff. In order to achieve a successful outcome, the contractor will be responsible for:

• Using the preliminary draft meeting agenda (provided), facilitate the development of the draft and final meeting agenda, and a list of presentation topics (with input from the TXARNG, NGB, and Native American Tribal representatives).

• Identify, in conjunction with TXARNG, a comprehensive list of federally recognized Tribal government participants and NGB/SHPO participants. Invite all identified parties to the meeting including those identified in ATTACHMENT 4.

• Invite guest speakers for the meeting if work plan specifies and estimated funding allows.

• Determining a best possible meeting date that suits the schedules of the TXARNG Adjutant General, the TXARNG, and the majority of interested federally recognized tribal government representatives. Currently, the week of May 18-22, 2015 has been suggested for the timing of the event, with an ice-breaker reception to be held the day before official meeting begins. Meeting will fall at beginning or end of week with 2 ½ days of meeting events (assumption 3 nights hotel, 3 to 3 ½ days meals depending on travel).

• Securing a meeting location/s and reserving a block of hotel rooms at government rates within the Austin area and providing transportation to and from meetings and activities, including at least one to two group evening events (one non-military within 60 miles of meeting hotel and one located on Camp Mabry military installation-see Attachment 2).

• Arranging for meeting space and conference needs (drinking water, limited food service, coordinating for and providing audio-visual assistance at the meeting).

• Upon selection of the hotel/conference facility, a meeting will be coordinated with the TXARNG no later than fourteen (14) calendar days prior to the meeting to discuss final details and provide a synopsis of the event that ensures all issues have been addressed.

• Arranging and paying for travel (including ground transportation), lodging, parking, meals, and morning and afternoon snacks and beverages, for Tribal members for the duration of the meeting.

• Making arrangements for a reception for the evening preceding the meeting.

• Arranging and paying for communal meals between the Guards and Tribal representatives during the meeting. Tribal representative’s per diem reimbursement would be adjusted to account for the cost of subsistence. For other attendees the contractor would be responsible for collecting monies associated with the cost of the meal and the issuance of receipts.

• Per discretion of the TXARNG, paying honorariums or fees to Tribal representatives who provide cultural training or perform in some capacity.

• Conducting follow-up phone calls, e-mail solicitations, and written correspondence, as applicable, to meeting participants to confirm attendance/non-attendance and provide logistical details.

• Assistance with the formulation and maintenance of a meeting registration list, and resolving any problems that may arise during the meeting. The contractor staff will be available throughout the meeting as well as the day prior to the meeting for last minute logistical arrangements.

• Managing the registration process during the event (e.g., sign-in sheets).

• Arranging for the documentation of meeting minutes and providing a transcript of meeting.

• Arranging for access to photocopy machine during the meeting for making copies with goal of keeping paper waste to a minimum.

• Coordinating with the TXARNG on all meeting logistics.

3.1.3 Task 3: Development of Invitational Letters The contractor will develop a draft and final invitational letter and associated documents that provide sufficient details to all meeting participants. Examples of associated documents include logistical information, registration details, and pre-meeting survey/inquiries, etc.

3.1.4 Task 4: Meeting Materials This task is focused upon the preparation of all meeting materials. The contractor will create all print media required for the meeting. Examples include participant name tags, CDs, and posters as approved by TXARNG.

The contractor (in conjunction with TXARNG) will be responsible for creating a graphic suitable for use with meeting materials.

Based on commitments to attend, an appropriate number of binders or booklets will be created for participants. Paper used in printing the meeting materials will be at least 30% post-consumer recycled content paper; and all pages will be double-side copied, as appropriate. Emphasis will be made to keep paper use to a minimum and to utilize recyclable and green materials.

At a minimum, completed packets will include:

• Participants List so attendees will be aware of who is expected to attend with complete name, address, telephone, e-mail information

• Agenda

• Speaker slides - no more than 3 per page

• Notes pages (can be combined with speaker slides)

• Directional maps to any field events for those who choose to drive

The contractor will follow up with tribal participants and/or submit a comments card for their completion. The contractor will summarize evaluation form comments and responses and incorporate into final evaluation report.

3.1.5 Task 5: Consultation Meeting Close-Out The contractor will develop a draft and final post-meeting letter to be mailed to meeting participants.

The contractor will also be responsible for submitting a final written evaluation report. This report will contain background information about the consultation meeting, record of all correspondence and contact in relation to non-attendance, a list of attendees, summary of events, summary of comments, representative sample of the invitational materials sent to tribes, detailed summary based on workshop evaluation form, a discussion of the strengths and weaknesses of the meeting, and suggestions for future meetings.

3.1.6 Task 6: Progress Reports The contractor will communicate the progress made in the completion of the SOW to the TXARNG via bi-monthly progress reports (on the 15th and final calendar day of month). The progress reports will be e-mailed to the TXARNG per this SOW.

3.2 Deliverables: All work products must be in formats currently compatible with those in use by the TXARNG. These include word-processor files, associated spreadsheets, database files, GIS data files, and digital photographs. Current TXARNG applications include Microsoft Office 2007 applications (Word, Excel, Access and PowerPoint for Windows ©) and ArcGIS for GIS-based data.

The contractor will furnish the TXARNG with final copies of all electronic data and document files on CD-ROM disks unless stated otherwise in this SOW. Text and data files will be in Microsoft Office 2007 format and Adobe Acrobat (.pdf) format. Any digital photographs will be provided in a non-proprietary format such as JPG or BMP.

3.2.1 Item 1: Kickoff Meeting / Work Plan Development The contractor is responsible for recording the kickoff meeting minutes and will provide them to the TXARNG within five (5) calendar days of the kickoff meeting.

The contractor is responsible for providing the initial draft of the work plan to the TXARNG for approval within ten (10) calendar days of the kickoff meeting.

3.2.2 Item 2: Coordination Meeting Logistics The contractor will arrange a coordination meeting with the TXARNG to discuss / plan the 6

specific presentation and logistic elements related to the execution of the meeting within forty- five (45) calendar days of the kickoff meeting. The work plan developed during the kickoff meeting will be at 75% at the completion of the coordination meeting.

The contractor shall provide a copy of the coordination meeting minutes to the TXARNG for approval within five (5) calendar days of the coordination meeting.

3.2.3 Item 3: Invitational Letters The contractor will submit draft and final invitational letters and supporting documents to the TXARNG via e-mail as determined in the work plan.

Necessary changes of the draft letter will be relayed to the contractor in order to develop final invitational letter and supporting documents for final submission to TXARNG. TXARNG will be responsible for placing final version of invitational letters and supporting documents on TXARNG letterhead for Adjutant General (TAG) signature and will also be responsible for mailing letters and supporting documents using TXARNG postage.

3.2.4 Item 4: Consultation Meeting Materials The contractor will create all print media associated with the meeting.

The contractor will be required to prepare appropriate number of binders or booklets (as detailed in Section 3.1.4) no later than five (5) calendar days prior to the planned date of the meeting. Binders for consultations will include presentations on planned impacts to Guard facilities, with specific reference to management overviews of cultural resources and natural resources. Binders will also include information provided to the contractor on Tribal and Guard attendees and contact information.

The contractor will prepare folding name table cards for all participants in meeting, name tags will be prepared as well and TXARNG will provide holders for them.

The contractor will prepare posters and signage as necessary for meeting location.

The contractor will document the event proceedings and participants using digital still photography. Digital still photographs will be in the JPEG format and will be a minimum of 5 megapixels in photographic quality. The contractor will transfer all photos taken during the event to CD and submit to the TXARNG at the conclusion of the meeting.

The contractor will develop an evaluation form for all meeting participants. The contractor will collect and summarize evaluation form comments and responses and incorporate into final evaluation report (as detailed in Section 3.2.5).

3.2.5 Task 5: Meeting Close-Out The contractor will develop a draft and final post-meeting letter to be mailed to all participants within fourteen (14) calendar days of the completion date of the meeting. TXARNG will be 7

responsible for placing the final version of the post-meeting letter on TXARNG letterhead for TAG signature. The TXARNG will also be responsible for mailing letters using TXARNG postage.

The contractor will be responsible for submitting a final written evaluation letter report. This report will contain background information about the meeting, record of all correspondence and contact in relation to non-attendance, a list of attendees, summary of events, summary of comments, representative sample of the invitational materials sent to tribes, detailed summary based on workshop evaluation form, a discussion of the strengths and weaknesses of the meeting, and suggestions for future meetings. The final evaluation report is required within fourteen (14) calendar days of the completion date of the meeting.

3.2.6 Item 6: Progress Reports The contractor will submit, at a minimum, a one to two page semi-monthly progress report to the TXARNG no later than the 15th and last calendar day of each month via e-mail, reporting on the status of the overall project. Each end of the month report shall include an accurate, current account of all work completed, number of hours spent working on the project, and deliverables furnished to the TXARNG.

3.2.7 Item 7: Deliverables Schedule

Deliverable Due Date Copies Required Meeting -10 calendar days after issue of Purchase Task 1 – Kickoff (KO) and Order (PO) 1 Copy of Meeting Minutes Work plan Development Meeting Minutes - 5 calendar days after KO meeting Draft Work Plan - 10 calendar days after KO meeting 1 Copy of Draft Work Plan Meeting – 45 calendar days after KO meeting Meeting Minutes - 5 calendar days after Coordination 1 Copy of Work Plan Task 2 – Coordination meeting (75% complete) Meeting Logistics Site Visit – no later than 14 calendar days prior to meeting 1 Copy of Meeting Minutes 1 Copy Draft and Final Task 3 – Invitational Letters Submitted as per Work Plan Invitational Letters Binders / Name tags / Posters – no later than 2 calendar Task 4 –Materials days prior to meeting. 1 CD (Digital Photographs) Evaluation Form and Meeting Photographs – At conclusion of consultation meeting 1 Copy Draft and Final post- Final Letters – Within 14 calendar days after consultation Letters Task 5 –Meeting Close-Out completion of meeting Final Written Evaluation Report – Within 14 calendar Final Written Evaluation days after completion of meeting Report

Task 6 – Progress Reports Semi-monthly (15th and final calendar day of month) 1 Copy via e-mail after issue of PO until completion of project

3.3 Government Furnished Items and Site Access The TXARNG will provide copies or access to materials for the contractor to perform the work required under this SOW. Specifically, the TXARNG will provide documentation on past and ongoing coordination and a contact mail list.

All documents, maps, photographs, visual aids, graphics, mailing lists, computer files, electronic files, and the like developed by the contractor while completing the requirements of this SOW are government property and will not be used, distributed, or published by the contractor, directly or indirectly, without specific permission provided through the TXARNG Public Affairs Office (PAO) and shall be delivered to TXARNG.

3.4 Contractor Responsibilities All consultants and personnel working on this project must have documented experience working with Native American Tribal representatives in highly sensitive situations that involve government-to-government relationships. The selected contractor must be highly experienced and knowledgeable in relevant cultural resource legislation for dealing with the Native American Graves Protection and Repatriation Act, Section 106 issues, and Executive Orders regarding

Native American consultation. Preference is for a minimum of 5 years experience working with these laws, rules and regulations. Additional preference is awarded for experience in planning and coordinating consultation meetings. See ATTACHMENT 4 for ratings matrix.

In the event the contractor requires the use of a subcontractor to assist in fulfilling the requirements of this SOW, the contractor will provide, as necessary, appropriate copies of curriculum vitae of subcontractors outlining relevant education and experience.

All submittals, meeting minutes, correspondence, data, reports, or materials collected and/or developed during this project are to be held in the strictest confidence and shall not be released without the expressed written consent of the TXARNG.

Neither the contractor nor contractor personnel shall give news releases or conduct media interviews concerning the work performed under this SOW. All public information and/or media inquiries shall be directed to the TXARNG PAO. Any requests under the Freedom of Information Act shall be directed to the TXARNG PAO.

The contractor shall be liable for all damages to persons or property, which may occur in connection with the work and services under this delivery order, and are caused by the contractor’s negligent acts without recourse against the Government.

The contractor shall furnish all materials, equipment, supplies, labor and services necessary to complete all tasks outlined in this scope of work. All costs incurred in completion of the tasks outlined in the SOW will be borne by the contractor. Timelines established in this scope must be adhered to. Any questions for the TXARNG related to this SOW shall be submitted to:

Kristen Mt.Joy NGTX-FE P.O. Box 5218 Austin, TX 78763 (512) 782-6194 [email protected]

4.0 POINT OF CONTACT TXARNG Points of Contact related to this SOW will be provided at the kickoff meeting.

ATTACHMENT 1 EXAMPLE DRAFT AGENDA

Texas Military Forces Tribal Consultation Meeting October 16 & 17, 2012

October 16: Location: Camp Mabry, Museum Conference Room 0830: Chaplain Benediction/Greetings from Command Staff and Introductions 0900: Agenda Items: 1) Current Status of Texas Military Forces Training Sites and CRM Program: a. Locations of major training sites b. Cultural Resources presently identified c. Future Cultural Resource needs ***BREAK***

2) NAGPRA Inventory a. Current Catalog b. FY13 Curation Project Inclusion of NAGPRA

***LUNCH CATERED ***

3) Memorandum of Understanding a. Current Draft s in Progress b. Set Timeline Goals for completion for those interested

4) Open Discussion/Additional Items

1600: Meeting Adjourns

1800: Meet in Lobby for Dinner Excursion to Museum

October 17: Location: Camp Bowie, Brownwood, Texas

0800: Meet to board bus to Camp Bowie 1100: Traditional Cultural Property Survey Introduction 1200: Lunch 1330: Field Visits 1700: Meeting Adjourns

ATTACHMENT 2 EXAMPLES OF POSSIBLE EXCURSIONS

Contractor, upon completion of first kick off meeting, will be encouraged to locate an off-site location for a communal dinner and excursion highlighting the Central Texas region. Contractor must factor in cost of transportation, catering, etc. in calculating costs and present at least two options to TXARNG for consideration. Suggested locales are listed below (additional locations are encouraged, particularly based on discussions in kick-off meeting):

1) Bob Bullock State History Museum, downtown Austin: The museum offers facility and catering for events, meetings rooms are available as well for possible downtown meeting. Website: http://www.thestoryoftexas.com/

2) Aquarena Center, Texas State University, San Marcos, TX: Glass bottom boat tours are offered to groups and include discussions on archaeology of area. Special Events are allowed and conference room space is available. Website: http://www.aquarena.txstate.edu/Home- page.html

3) Ladybird Johnson Wildflower Center, Austin, TX: The center is available for rentals and special events. Website: https://www.wildflower.org/

4) Waste Management’s Wildlife Habitat Park: The facility is a unique habitat for species and has a hall that may be available for rent although may have to be coordinated through official request as not advertised to general public. Website: http://austincommunitylandfill.wm.com/projects/wildlife-habitat-council.jsp

Please note that these are examples of possible excursions and TXARNG will consider many different alternative locations based on a number of factors related to transportation, safety, cost, weather, numbers of attendees.

ATTACHMENT 3 TXARNG Consulting Nations

ALABAMA-COUSHATTA TRIBE 571 State Park Road 56 Livingston, TX 77351

ALABAMA-QUASSARTE TRIBAL TOWN Creek Nations of Indians, Oklahoma P.O. Box 187 Wetumka, OK 74883

APACHE TRIBE OF OKLAHOMA P.O. Box 1330 Anadarko, OK 73005

CADDO NATION P.O. Box 487 Binger, OK 73009

COMANCHE NATION 584 NW Bingo Road Lawton, OK 73507

COUSHATTA TRIBE OF LOUISIANA P.O. Box 818 Elton, LA 70532

KIOWA TRIBE 100 Kiowa Way Carnegie, OK 73015

MESCALERO APACHE TRIBE PO Box 227 Mescalero, NM 88340

THLOPTHLOCCO TRIBAL TOWN P.O. Box 188 Okemah, OK 74859

TONKAWA TRIBE 1 Rush Buffalo Road Tonkawa, OK 74653

WICHITA & AFFILIATED TRIBES P.O. Box 729 Anadarko, OK 73005

ATTACHMENT 4

Best Value Bid Evaluation Criteria Cultural Resources Projects Texas Military Department October 2014

The following criteria will be used to evaluate the best value for Cultural Resources projects to be awarded to private contractors via public bid as facilitated by the state purchasing office. All items will be weighted so the contractor that presents the best submission in each category will receive full points for that item, and other contractor evaluations will be weighted accordingly.

1. 50 points, Price: Price shall account for 50% of points awarded based on evaluation criteria. The lowest bidder will receive 50 points out of 50 for price; other bids received will be weighted accordingly. Price submissions must be itemized by task. Tasks having expertise requirements should detail the time and cost budgeted for different qualifications of personnel.

2. 35 points, Technical Skills and Relevant Experience: Contractor must highlight technical capacity of the company and key personnel to work on the project that is open for bid. This section may include the name, function, summary of expertise, and resumes for key personnel including relevant project experience with emphasis towards the specifics of the proposed tasks. Points Awarded for experience with Military and Tribal Consultation Meetings.

3. 15 Points, Resources: Contractor must provide a brief description of the resources that will be used to complete the project if awarded. This must include labor and equipment resources that are adequate for the completion of work within the time period allotted for project completion. This should also reflect experience and technical expertise for the resources identified.

14 EXHIBIT C TEXAS MILITARY DEPARTMENT CERTIFICATE OF INSURANCE

I. INSURANCE REQUIREMENTS:

1. The contractor shall procure and maintain at its expense during the term of the contract or any extensions thereof, insurance as listed below. Insurance shall be written by companies acceptable to Texas Military Department and authorized to do business in the State of Texas. Policies shall include terms and provisions indicated below:

2. The Contractor shall obtain and maintain in full force at all times during the term of this contract insurance coverage naming the State of Texas, acting through the Texas Military Department, as an additional insured and loss payee on its policies described below.

3. Comprehensive General Liability in the amount of: $ 1,000,000.00 for the specific purchase per occurrence and of $ 2,000,000.00 for the specific purchase in the aggregate.

4. Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined limit of: $ 1,000,000.00 for the specific purchase per occurrence for bodily injury and property damage.

5. If insurance policies are not written for amounts specified above, Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability insurance is provided, it shall follow the form of the primary coverage.

6. Each policy of required insurance shall provide for ten (10) days written notice of cancellation to the Texas Military Department and include the following provisions. "It is a condition of this policy that the Company shall furnish written notice to Texas Military Department and address ten (10) days in advance of any reduction in, or cancellation of this policy."

7. Insurance shall be effective and evidence of acceptable insurance furnished to the Texas Military Department, prior to commencing any operations under this contract.

8. State that coverage will not be canceled, non-renewed or materially changed except after thirty (30) days written notice by certified mail addressed to:

Texas Military Department NGTX-RMP ATTN: Susana Rivera PO Box 5218 Austin, TX 78763-5218

9. Provide that the contractor’s insurance is primary insurance as respects to the Texas Military Department, its Officers, and Employees and Elected Representatives.