TEXAS MILITARY DEPARTMENT INVITATION FOR BIDS

IF NOT BIDDING -- DO NOT RETURN THIS FORM BIDDER AGREES TO COMPLY WITH ALL TERMS & CONDITIONS OF THIS IFB BID OPENING: 3:00 PM Central Time (CT), 5/16/2017 BID NO. : TX17-2024-ENV AGENCY TO INVOICE BID NAME: CAMP BOWIE MAMMAL SURVEYS TEXAS MILITARY DEPARTMENT P.O. BOX 5218 AUSTIN, TX 78763-5218 FAILURE TO SIGN WILL DISQUALIFY BID

DESTINATION OF GOODS IF DIFFERENT THAN ABOVE CAMP BOWIE TRAINING CENTER AUTHORIZED SIGNATURE DATE 5601 FM 45 S BROWNWOOD, TX 76801-9734 By signing this bid, bidder certifies that if a Texas address is shown as the address of the 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 VENDOR CONTACT INFORMATION AND IDENTIFICATION opening date and requisition number annotated immediately below return address on SEALED BID ENVELOPE. Company Name: IF BIDDING, RETURN SEALED BIDS TO: Company Remit Payment to Address: TEXAS MILITARY DEPARTMENT P. O. BOX 5218, AUSTIN, TX 78763-5218 City, State and Zip Code: OR HAND DELIVER TO: BUILDING 11 Printed Name of Representative: (8:00 am - 5:00 pm) Email Address: OR OVERNIGHT/EXPRESS MAIL TO:

2200 W. 35TH ST. CAMP MABRY MAIL ROOM Phone Number: (7:30 a.m. – 4:00 p.m.) Fax Number: ATTN: JENNIFER FELICIANO AUSTIN, TX. 78703

Before payees can receive payments from the State of Texas, they must first be set up on Texas Identification Number System (TINS) with a unique 11- digit Texas Identification Number (TIN). Bidder’s Texas Identification Number #: ______THE FEDERAL EMPLOYERS IDENTIFICATION NUMBER (EIN) WILL BE USED TO ESTABLISH A TEXAS IDENTIFICATION NUMBER:

PLEASE ENTER YOUR FEDERAL EIN #: ______Every bidder 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: ______

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 o Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran o Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran o Agricultural products grown in Texas o Agricultural products offered by a Texas bidder o Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran o Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran o Texas Vegetation Native to the Region o USA produced supplies, materials or equipment o Products of persons with mental or physical disabilities o Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel o Energy Efficient Products o Rubberized asphalt paving material o Recycled motor oil and lubricants o Products produced at facilities located on formerly contaminated property o Products and services from economically depressed or blighted areas o Vendors that meet or exceed air quality standards o Recycled or Reused Computer Equipment of Other Manufacturers o Foods of Higher Nutritional Value IFB: TX17-2024-ENV Camp Bowie Mammal Surveys

TEXAS MILITARY DEPARTMENT INVITATION FOR BIDS Continuation Page(s)

Class & Item: 926-40, 42 & 958-97

1. INVITATION: In accordance with the provisions of Texas Government Code §2156.063, Solicitation of Bids, the Texas Military Department (TMD) is seeking bids from a qualified vendor to conduct planning level surveys for mammals in accordance with the requirements outlined in this Invitation for Bid (IFB). All submissions will be reviewed to ensure that the vendor submission meets or exceeds the minimum qualifications. TMD will evaluate all bids received and will award based on best value to the State of Texas and the Texas Military Department.

2. SCHEDULE OF EVENTS

Issue Invitation for Bids: April 28, 2017 Deadline for Submission of Questions: May 4, 2017, 5:00 p.m. CT Responses to Questions Posted on ESBD: May 9, 2017, 5:00 p.m. CT Deadline for Receipt of Bids: May 16, 2017, 3:00 p.m. CT

3. HISTORICALLY UNDERUTILIZED BUSINESSES: 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 that a HUB Subcontracting plan MUST be submitted with their response. This contract is not expected to exceed $100,000 however all bidders are encouraged to make a good faith effort to utilize HUB vendors when possible.

4. QUESTIONS REGARDING SOLICITATION: a. All questions shall be submitted in writing to Jennifer Feliciano via email at [email protected].

b. The individual(s) listed above may be telephoned or emailed for clarification of the scope of work only. No authority is intended or implied that scope of work may be amended or alternates accepted prior to bid opening without written approval of the Texas Military Department.

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

d. Deliver questions in writing by the due date to the Procurements and Contracts Representative by e-mail, mail or other delivery. It is preferred to receive questions by e-mail to document proof of delivery date and time. Please label the mailing envelope containing questions with Solicitation Name, Solicitation Number and the Due Date for Responses. TMD has sole discretion as to whether to respond to questions.

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

5. ADDENDA TO SOLICITATIONS: a. Any changes to the Solicitation, deadline dates, and all responses to questions will be posted as addenda on the ESBD. All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding.

b. 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.

6. SUBMISSION REQUIREMENTS: a. By submitting a response to this solicitation, Bidder certifies that they meet all the terms and conditions listed within this solicitation and all accompanying attachments.

b. All bids must be organized and submitted in the order established by this Section. Failure to arrange the bid in the manner set forth in this IFB and/or failure to include all required documents may result in disqualification.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys

c. Bidder shall submit (2) original copies of entire proposal to include the following: i. Executed Invitation for Bid document with Company Information. Bidder must ensure that all areas requiring information is complete. ii. Corporate Overview. Describe the company’s history, size and stability. Also include company locations, primary contract and contact information. Indicate if the company currently provides the services outlined in the IFB. Bidder must provide the name, title, phone number and email address of the key contacts. iii. A list of engagements of comparable complexity and sensitivity to the requirements in this IFB that have been performed within the last five (5) years; iv. A key staffing profile and resumes for staff that will be responsible for the performance of service including a listing of personnel with a minimum of 2 years’ documented experience in mammal survey projects in environmentally sensitive areas; v. A detailed description of the resources available and how the resources will be utilized by the bidder to ensure services are performed in accordance with the IFB requirements. This may include but not limited to equipment, personnel or other resources; and vi. A minimum of three (3) verifiable references from clients for whom the Respondent has performed comparable services of similar scope and size. Contacts should include company name, contact name and phone number. Must be clients within the past 5 years. vii. Completed bid price sheet.

d. Response Procedures: Each Invitation for Bid form shall be: i. Placed in an envelope, properly addressed and marked clearly on the outside that an Invitation for Bid Form is enclosed. ii. The bidder shall indicate his/her business name and address in the upper left corner. iii. In the lower left corner, the bidder shall indicate "Invitation for Bid – TX17-2024-ENV” and the bid opening date and time. iv. Secure all documents in a manner that readily permits copying, i.e., binder clips or three-ring notebook. v. Response must be organized with index tabs and in designated order as listed in this section.

e. 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.

f. Cost of Preparing the Response: The Bidder is responsible for all costs incurred in the preparation and submission of a response.

g. Changes and exceptions to the Terms and Conditions; Exceptions that are not advantageous to TMD may result in the deduction of points in the evaluation or disqualification of the Response.

h. Submission of Responses: Responses become Texas Military Department records and cannot be returned.

i. Delivery of Response: 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 West 35th Street, Bldg. 11 Austin, TX 78703

or via U.S. Postal Service to: TEXAS MILITARY DEPARTMENT Attn: Jennifer Feliciano P.O. Box 5218, Bldg. 11 Austin, TX 78763-5218

j. Receipt: The Invitation for Bid response must be received in the TMD Purchasing & Contracts section prior to the due date listed on the first page of this solicitation. The bids will be time, date stamped, and secured for the bid opening. At Bid Opening time they will be publicly opened and read aloud. Any Bid received after the specified time will not be considered under any circumstance and 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.

k. 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.

l. Due Date/Late Response: It is Responder’s responsibility to ensure timely delivery of the Response to Texas Military

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys Department, Purchasing and Contracts Section by the date and time on the Cover Page. Late responses will not be considered under any circumstances. TMD will not be responsible for failure of service on the part of the U.S. Postal Service, courier companies, or any other form of delivery service chosen by the Responder. TMD will not be responsible for bids being received late, illegible, incomplete or otherwise non-responsive.

m. Acceptance of Responses: TMD may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TMD may accept or reject all or any part of any response, waive procedures for submitting Responses, waive formalities and/or minor technicalities, and award by item or groups of items, whichever best serves the interests of TMD. TMD may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TMD. TMD shall be the sole judge of the best interests of TMD. TMD may award one or more contracts for all or part of the Work.

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

o. Public Information: The Response is a public record. By signing and submitting a response, Responder hereby acknowledges:

i. That the Response and subsequent documents submitted to TMD are subject to the Texas Public Information Act (PIA); ii. That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TMD may in its sole discretions deem a Response as non-compliant; and iii. That bidder grants a royalty-free, non-revocable, world-wide, perpetual license to reproduce, any copyrighted portions of the Response and subsequent documents to comply with LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

7. AWARD Award will be based on the most qualified, responsive, responsible bidder and price. TMD will consider best value for the state as directed by Texas Government Code § 2155.074 when awarding a Contract.

8. EVALUATION CRITERIA TMD shall evaluate all responses to this IFB to determine best value in accordance with the following criteria.

Points Price 60 Technical Skills and Relevant Experience 20 Resources 20 Total 100

An award will be made on an all or none basis. Only responses submitted by the bid opening, with required submittal documents, including attachments, addendums, amendments and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response. TMD reserves the right to waive informalities and minor irregularities in bids received.

TMD reserves the right to consider respondent qualifications, equipment, facility, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information; disqualify bid based on unsatisfactory reference checks, reports and records of service.

9. ORDER OF PRECEDENCE Any conflicts in terms and conditions shall be resolved with precedence given to the following order of descending priority: a. Purchase Order; b. Conditions contained in the Invitation for Bid; and c. Successful Vendor’s response to IFB.

10. TMD STANDARD TERMS AND CONDITIONS Vendor shall adhere to the terms and conditions as outlined in Attachment A – TMD Standard Terms and Conditions and Attachment C – Additional Contract Clauses.

11. SCOPE OF WORK Vendor shall provide services as outlined in Attachment B – Scope of Work (SOW).

12. MINIMUM QUALIFICATIONS A contract shall be awarded ONLY to a contractor who is experienced in providing services in accordance with the SOW (Attachment B). In addition, the awarded contractor should have at least 10 years of experience working on mammal survey projects in environmentally sensitive areas.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys 13. WORK SCHEDULE The schedule will be determined by the Project Manager and the bidder’s point of contact. Work shall be conducted Monday through Friday between the hours of 8:00 AM to 5:00 PM unless other arrangements are made in advance with Project Manager, Contracting and/or TMD staff.

14. CONTRACT TERM AND EXTENSIONS/RENEWAL OPTIONS Upon award, the initial term of this contract will be for 24 months beginning no later than June 1, 2017.

If funding becomes available and at its sole and absolute discretion, the Texas Military Department may renew the contract for up to two (2) additional one (1) year periods upon written, mutual consent of both parties under the same or different terms subject to appropriation of funds for this project.

In case the established period of the year is not suitable to provide the requested service, with reasonable notification and with proper Agency’s approval the completion date will be extended at no cost up until the project is completed.

15. CONTRACT MANAGEMENT The Texas Military Department Contract Administrator or Designee shall: a. Monitor the performance of this contract. Any non-compliance issues shall be documented in writing and presented to Contractor.

b. It is very important that all services be provided as stated. Failure to do so may result in contract cancellation.

c. Monitor the quality and acceptability of the requested services and the manner of performance, and rate of progress of the work.

d. Determine if the services performed are not acceptable and request the Contractor visit the facility to review and correct all non-performance issues immediately.

e. Perform, at any time, an audit to ensure compliance with the terms and conditions of this contract.

f. Immediately document in writing all noncompliance issues and present to the Contractor in person or by mail, fax or e- mail.

g. Request, at their discretion, an on-site meeting, if warranted, with the Contractor and/or their designated supervisor to take immediate action to remedy non-compliance issues in the timeframe provided in the written documentation and/or as documented at the on-site meeting.

h. Request the Contractor to remove any employee for cause, including but not limited to: Poor or non-performance of work, theft, abusive language or behavior, improper attire, in accordance with the terms and conditions of the contract.

i. Make temporary changes in the assignments, task, and task frequencies. Such changes shall not be considered modification of the contract and shall not affect the amount of payment to the Contractor.

16. PAYMENT Invoices shall be submitted to: Texas Military Department, Accounts Payable, P.O. Box 5218, Austin, TX 78763-5218 or via email at: [email protected] a. Contractor shall submit two (2) copies of an itemized invoice. All invoices shall contain the following information for each individual employee listed on the billing: i. Full Name ii. Date and Number of hours worked iii. Shift worked

b. 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.

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

d. 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.

17. VENDOR PERFORMANCE a. A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of §2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov't Code. Respondents may fail this selection criterion for any of the following conditions: i. Historic reports were graded on a satisfactory/unsatisfactory scale. The score will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory,” ii. Vendors will still receive an overall grade that includes consideration of both historic reports and new

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys reports, iii. New reports will be graded on the A-F scale, iv. A score of less than 90% in the Vendor Performance System, v. Currently under a Corrective Action Plan through the CPA, vi. Having repeated negative Vendor Performance Reports for the same reason, vii. Having purchase orders that have been cancelled in the previous 12 months for non-performance (i.e. late delivery, etc.).

b. Contractor performance information is located on the CPA web site at: http://www.window.state.tx.us/procurement/prog/vendor_performance/

c. TMD may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.108) TMD may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of TMD, and any negative findings, as determined by TMD, may result in non-award to the Respondent.

d. Vendor’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).

18. TERMINATION 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.

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.

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.

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.

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.

19. ADDITIONAL CONTRACT CLAUSES a. 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.

b. 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.

c. 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.

d. 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").

e. The Texas Military Department has a policy of being a smoke-free agency which includes but not limited to electronic cigarettes. The policy reflects our commitment to providing a healthy environment for all our employees and visitors. This policy prohibits smoking within any state building or on the grounds. Contractor by acceptance of this contract, agrees to abide by this policy when on the property of the Texas Military Department.

f. 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.

g. 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.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys

h. 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.

i. 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.

j. 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.

k. Federal Debarment and Terrorism Regulations:

i. 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: https://www.sam.gov/portal/SAM/##11#1.

ii. 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 current list is located at: https://www.sam.gov/portal/SAM/##11#1.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys ATTACHMENT “A” 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: 1.1. 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. 1.2. 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. 1.3. Bids must be time stamped at Texas Military Department (TMD) on or before the hour and date specified for the bid opening. 1.4. 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. 1.5. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. 1.6. 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. 1.7. 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. 1.8. 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. 1.9. 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: 2.1. 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. 2.2. Unless otherwise specified, items shall be new and unused and of current production. 2.3. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA. 2.4. 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. 2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (IFB). 2.6. 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: 4.1. 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. 4.2. 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. 4.3. 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. 4.4. No substitutions permitted without written approval of TMD. 4.5. 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 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.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys 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: 10.1. 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. 10.2. 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. 10.3. 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: 10.4. 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. 10.5. 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. 10.6. 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 Agency: Position with Bidder: Date of Employment with Bidder:

10.7. Pursuant to §572.069, Gov’t Code, bidder certifies that it has not employed and will not employ a former TMD employee or state officer who participated in a procurement or contract negotiation for TMD involving bidder within two years after the state officer or employee left state agency employment or service. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 10.8. 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. 10.9. 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.sam.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. 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: TX17-2024-ENV Camp Bowie Mammal Surveys 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 AND LIABILITY: 19.1. Acts or Omissions: Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 19.2 Infringements a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL IFB: TX17-2024-ENV Camp Bowie Mammal Surveys BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. b) Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement. c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor’s sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing. 19.3 Taxes/Workers’ Compensation/Unemployment Insurance – Including Indemnity 1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR’S AND VENDOR'S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/ OR WORKERS’ COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. 2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS’ FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 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 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. NEWS RELEASES, ADVERTISEMENTS AND PUBLICITY: Bidder must not make any news releases, public announcements, or public disclosures, nor will it have any conversations with representatives of the news media, pertaining to this contract, without the express, prior written approval of TMD, and then only in accordance with explicit written instructions from TMD. Bidder must not use the name of the State of Texas or TMD in any advertisement, promotion or otherwise for any purpose regarding this contract without the express prior written consent of TMD. TMD is not authorized to provide endorsements. 22. INSURANCE REQUIREMENTS Contractor represents and warrants that it will, within five (5) business days of award provide TMD with current certificates of insurance of the following coverage: Workers Compensation & Employers Liability: Contractor must maintain Workers' Compensation insurance coverage in accordance with statutory limits. Workers Compensation: Statutory Limits Employers Liability: Each Accident $1,000,000 Disease- Each Employee $1,000,000 Disease-Policy Limit $1,000,000 This Web site (Coverage starts with 406 of the Labor code) addresses what Texas requires of WC. http://www.tdi.texas.gov/wc/act/index.html. Commercial General Liability: Occurrence based: Bodily Injury and Property Damage each occurrence limit: $1,000,000 Aggregate limit: $2,000,000 Medical Expense each person: $5,000 Personal Injury and Advertising Liability: $1,000,000 Products /Completed Operations Aggregate Limit: $2,000,000 Damage to Premises Rented to You: $50,000 IFB: TX17-2024-ENV Camp Bowie Mammal Surveys Umbrella/Excess Liability: Contractor may combine its primary and Excess/Umbrella Liability limits to meet the minimum required coverage for any line of coverage; however, if it chooses this option, the coverage will be written at least as broad as those requirements defined above. Minimum Limit: $1,000,000 Note: The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M. Best, and authorized to provide the corresponding coverage. 23. 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. The 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. 24. DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST; CERTAIN CONTRACT PROHIBITED: Pursuant to §2261.252, Gov't Code, the Department may not enter into a contract for the purchase of goods or services with a private vendor if certain positions within the agency including the Adjutant General, Executive Director, General Counsel or the Procurement Director or their covered family members have a financial interest in the vendor. Any contract found to violate Government Code 2261.252 is void.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys PRICE SHEET

ITEM CLASS & ITEM: 926-40, 42 & 958-97 QTY UNIT MAKE UNIT EXTENSION NO. DESCRIPTION /MODEL PRICE

1. Bidder is to provide pricing for the services as described in this Invitation for Bid (IFB). Bidder must consider all specifications, requirements, terms and conditions when preparing a response to this IFB. Pricing should reflect the total work effort in accordance with Section 9 of Attachment B. Bid Items:

Personnel Equipment Supplies Travel Indirect Cost (if applicable)

Total Work Effort

NOTE: Pricing must remain good for 60 days.

Award(s) will be made in the best interest of the State, and Bidders must specify if bidding all or none.

The TMD has the right to cancel this bid at the discretion of the agency.

2. OPTIONS TO ADD SERVICES

TMD in its sole discretion may add services at the rates listed in the contract at any time throughout the life of the contract. TMD will work with awarded contractor to determine the estimated number of hours and requirements. A purchase order change notice will be issued to initiate the additional services.

3. OPTIONS TO EXTEND OR RENEW

SERVICES

If funding becomes available and at its sole and absolute discretion, the Texas Military Department may renew the contract for up to two (2) additional one (1) year periods upon written, mutual consent of both parties under the same or different terms subject to appropriation of funds for this project.

Renewal Year 1 1 YR Renewal Year 2 1 YR

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys ATTACHMENT “B”

SCOPE OF WORK FOR INTERAGENCY AGREEMENT FY2017

MAMMAL SURVEYS ON CAMP BOWIE TRAINING CENTER

1. Background:

The Texas Military Department (TXMD) on behalf of the Texas Military Forces (TXMF) is soliciting a proposal for an interagency agreement focused on conducting a two-year Planning Level Surveys (PLS) for mammals on Camp Bowie. Camp Bowie is an 8,753 acre Texas Army National Guard (TXANG) training site in Brown County, Texas. The Camp Bowie Integrated Natural Resource Management Plan (INRMP) requires periodic PLS's for mammals. These survey results will be compared with data from past mammal surveys to identify changes in the mammal community and their potential causes. This will aid in identifying needed changes to management and land use practices to prevent impacts to the mammal community. It is the responsibility of the primary investigator to identify and acquire all necessary permits before beginning work.

Historic surveys produced species occurrence lists for Camp Bowie. While useful, this level of information is not as functional for management purposes as needed. The protocol developed for this survey should provide additional meaningful and comparable baseline data, such as species distribution, relative abundance in different habitat types and for the installation as a whole. Methods should include those used for historic surveys, such as Sherman trap arrays, game camera surveys and pitfalls to remain comparable, but may incorporate other methods as well. Marking methods that do not cause pain to the animals are much preferred, as long as they last the duration of trapping events.

2. Project Objectives:

The main goal and objective of this project is to gain a better understanding of the mammal population, distribution and individual species abundance of mammals on Camp Bowie Training Center. The end results will be added to our existing survey data and will be used to better understand species population trends.

3. Scope:

Upon completion of the project, the Texas Army National Guard expects to have an updated species list of mammals on Camp Bowie, habitat in which these species are predominately using as well as recommendations for future surveys and species conservation needs.

4. Tasks:

Task 1: Conduct periodic mammal surveys on Camp Bowie from June 1, 2017 through May 31, 2019 as appropriate.

Task 2: Provide quarterly reports about the status and progress of the project by e-mail.

Task 3: Immediately notify TXMF contact of any rare or species of concern encountered.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys Task 4: Provide a final report of survey results, comparison with historic data, identification of changes in the mammal community and possible reasons, management recommendations, and maps of survey locations and findings.

Task 5: Provide GIS shape files and data of survey results.

Task 6: Provide a dataset of all captures and encounters, including locations in UTM coordinates, in Excel or Access format (Projected Coordinate System should be UTM Zone 14).

Task Work Milestones Projected Completion Date Number

4.1 Conduct periodic mammal survey on Camp May 31, 2019 Bowie Training Center

4.2 Provide quarterly reporting Quarterly (3 months) from Start date of June 1, 2017 4.3 Reporting rare and endangered species When sighted 4.4 Final Report May 31, 2019

4.5 GIS survey maps and other mapping devices used May 31, 2019

4.6 Excel data spread sheet May 31, 2019

5. Delivery:

Quarterly reports should be provided by email to keep TXMF up to date with progress and status of the project. The contractor will immediately notify TXMF if rare or species of concern are encountered, and provide the UTM coordinates, date, time, and other pertinent information. A final report must be submitted to TXMF containing survey results, a comparison with historic data identifying any changes to the mammal community and possible causes, management recommendations, raw data in an appendix, and maps of survey locations and findings in pdf format. A draft of the final report is required for TXMF comments prior to final submission. GIS layers with areas surveyed and locations of captures are required as an ArcGIS shape file in ArcGIS 10 or greater format. GIS data must have FGDC compliant metadata and be provided in WGS84, UTM zone 14N. A dataset of individuals captured, capture locations in UTM's as described above, and other pertinent data in Excel or Access format must be submitted as well. Copies of appropriately labeled photos will be provided with the final data. All deliverables should be submitted in digital format on a CD or via email if appropriate.

Work on this contract must be substantially begun prior to June 1, 2017. The Performing Agency shall provide final products on or before May 31, 2019.

5.1 Deliverables Summary

1) Quarterly reports regarding status of project, and notifications of rare species encountered. Quarterly reports should be sent by email only.

2) Final report should include datasets, GIS data and final summary results including, comparison of datasets and management recommendations.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys 3) The end task deliverables must be delivered to the project manager (PM) for Texas Army National Guard (Nicholas Kolbe) on or before the end date of project (May 31, 2019).

4) Delivery method should be by email and hard copy to the below addresses. Email: [email protected] Hardcopy Mail: Texas Military Department-Camp Mabry Bldg. 1 2200 West 35th St. (NGTX-FE) Austin, TX 78703

6. Contractor Requirements: 6.1. Respondent's should have at least 10 years of experience working on mammal survey projects in environmentally sensitive areas. 6.2. Personnel working on-site for this project must have documented a minimum 2+ years' experience in on mammal survey projects in environmentally sensitive areas. 6.3. PM may ask for project history and references prior to contract award. 6.4. Respondent must submit with proposal a key staffing profile and resumes for staff that will be responsible for the performance of the services requested. 6.5. A good faith effort to minimize site disturbance and environmental impact must be demonstrated by the contractor throughout the execution of this project. 6.6. Contractor must comply with all applicable laws and regulations related to project. 6.7. Contractor must coordinate all site activity with PM, Training Center Manager, or Range Control. 6.8. Any equipment refueling must be done with extreme caution in area designated by PM, and Contractor must keep a spill kit with a minimum of 10 lbs. of absorbent material (kitty litter), shovel and trash bags with ties on site at all times. 6.9. Contractor must make a good faith effort to take all applicable safety precautions. Keep a first aid kit on site at all times. 6.10. Contractor must be available for on-site meetings with the PM as needed. 6.11. If needed the contractor will provide disposal and cleanup plan per project. 6.12. Safety plan and control measures will be in place by both parties.

7. Work schedule: Schedule is to be determined by Project Manager (PM) and Contractor's point of contact (POC).

Contractor must obtain authorization and coordinated work schedule with the PM before commencing work. Contractor is not to assume that contract award is permission to commence work.

A work day is defined as Monday - Friday on non-federally recognized holidays. Any work on the weekends or holidays must be coordinated with PM and training center POC.

Site access must be coordinated by the Contractor, PM and/or POC on the military installation. Any delays caused by site access conflicts or weather must be communicated to the PM.

Weather will be an important factor in determining project schedule. Services described should be completed within the initial contract term, unless unforeseen circumstances or weather delays. Weather delays, which are defined as days including precipitation events exceeding one quarter inch of rain. Unforeseen circumstances or weather delays must be reported to the PM within twenty-four (24) business hours of lost work time occurrence. Upon mutual agreement in writing between both parties any delays caused by TMD or reasonable circumstances beyond contractor's control will be allowed.

IFB: TX17-2024-ENV Camp Bowie Mammal Surveys Visits for field work must be scheduled around training and other military activities, and will not be allowed to interfere with such activities. The contractor is responsible for coordinating and scheduling visits and access with Camp Bowie staff. The contractor will call to confirm access approximately two weeks prior to scheduled visits. This will allow rescheduling of visits if necessary. All equipment placed in the field during the project should be clearly labeled and removed at project completion unless otherwise approved.

8. Place of Performance: Mammal surveys will be completed on Texas Army National Guard Camp Bowie Training Center located at 5601 FM 45 S, Brownwood, TX 76801-9734, in Brown County, TX.

9. Instructions: a) Bid/Proposal Items submission: Cost proposals should reflect the total work effort and include personnel, equipment and supplies, and travel. No more than 85% percent of the total budget may be paid to invoices prior to receipt of final deliverables. Army National Guard regulation (NGR 5-1, paragraph 5-3c) allows for 10% of the contracted amount to allocated to indirect cost (i.e. overhead for universities). Additional or substitute contractor initiated activities may be included in the proposal. Proposals should include a description of methodology, estimated field work schedule, and any other pertinent information. b) Payments: Invoices will indicate work completed during a billing period and be supported by information in Progress Reports. Invoices will take thirty days for processing. Invoices should be submitted to Texas Military Department ATTN: NGTX-RMA PO Box 5218 Austin, TX 78763 c) Security: All work will be conducted on an active military training site where live fire and dismounted training operations are conducted on a regular basis. Contractor must coordinate all activities at the training site with the training center point of contact (POC). Site access must be coordinated by the Contractor and the onsite POC for the military training site. d) Travel: Please include travel requirement including travel dates, duration of stay on project site, locations of lodging, departure dates, etc. Note, there may be the possibility to stay on the military base. These accommodations will need to be made prior to visiting the project site by contacting the PM and/or POC for the military instillation.

10. TMD Project Manager (PM)/ Point of Contact (POC): Nicholas Kolbe, Wildlife Biologist Tel. 512- 782-5315 Cell. 830-708-9065 [email protected]

ATTACHMENT C ADDITIONAL CONTRACT CLAUSES

GENERAL INFORMATION: Much of the acquisition support for the Texas National Guard is accomplished by State Contracts funded in whole or in part by the Federal Government, which contracts incorporate into this contract as through set out in full herein the following clauses required by the Federal Government.

ENVIRONMENTAL STANDARDS:

By signing this agreement or accepting funds under this agreement, the contractor assures that he/she will:

1. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7414) and Clean Water Act (33 U.S.C. 251, et.seq.), as implemented by Executive Order 11738 (3 CFR, 1971-1975 Comp. P. 799) and Environmental Protection Agency (EPA) rules at 40 CFR Part 15. These requirements relate generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder. In accordance with the EPA rules. the contractor further agrees that it will:

A. Not use any facility on the EPA's List of Violating Facilities in performing any award that is nonexempt under 40 CFR 15.5, as long as the facility remains on the list.

B. The above paragraph of this section shall not apply to any armory, base, training site, or other facility or portion thereof, the operation and maintenance of which is funded under this agreement, that is currently listed as a violating facility, on the effective date of the agreement, pursuant to 40 CFR Part 15; nor, shall such listing be the basis for state's termination for cause of this agreement or for State's disallowance of any cost otherwise allowable under this agreement. The contractor agrees to cooperate to remediate, as expeditiously as possible, for any facility the operation and maintenance of which is within the scope of this contract, the condition giving rise to the listing of any such facility as violating facility according to applicable statutes, regulations, or other agreements subject to the availability of funds.

NONDISCRIMINATION:

By signing this agreement or accepting funds under this agreement, the contractor assures that he/she will comply with applicable provision of the following, national policies prohibiting discrimination:

1. On the basis of race, color, or national origin, in Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et.seq.), as implement by DOD regulations 32 CFR Part 195.

2. On the basis of race, color, religion, sex, or national origin, in Executive Order 11246 (3 CFR, 1964- 1965 Comp. P. 339), as implemented by Department of Labor regulations issued thereunder (41 CFR Part 60);

3. On the basis of handicap, in Section 504 of the Rehabilitation Act of 11973 (29 U.S.C. 794) as implemented by Department of Justice regulations at 28 CFR part 41 and DOD Regulations at 32 CFR Part 56; and,

4. On the basis of Age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et.seq.) as implemented by Department of Health and Human Services regulations at 45 CFR Part 90.

DRUG-FREE WORK PLACE:

a. The contractor agrees that he/she will comply with the 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.) and maintain a drug free workplace.

b. The Final Rule, Government Wide Requirements for Drug-Free Workplace (Grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28), Subpart f) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the recipient covenants and agrees to comply with all the provisions thereof, including any amendments to the Final Rule that may hereafter be issued.

LOBBYING:

The contractor agrees that it will not expend any Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered Federal actions:

1. The awarding of any Federal contract:

2. The making of any Federal Grant:

3. The making of any Federal loan:

4. The entering into of any cooperative agreement: and

5. The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement covered by 31 U.S.C. 1352.

DEBARMENT AND SUSPENSION:

a. The contractor shall not make any award or permit any award (sub-grant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension".

b. The Final Rule, Government wide Debarment and Suspension (Non-procurement, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 25) to implement the provisions of Executive Order 12549, "Debarment and Suspension" is incorporated by reference and the contractor/vendor covenants and agrees to comply with all the provisions thereof, including any amendments to the Final Rule that may hereafter be issued.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT:

The recipient agrees that it will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this agreement, the Contract Work Hours and Safety Standards Act shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less that 1/1/2 times the basic rate of pay. This Act is applicable to any construction contract awarded in excess of $2,000, and

in excess of $2,500 for other contracts which involve the employment of mechanics or laborers.

DAVIS-BACON ACT

When required by Federal assistance program legislation, such as the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, environmental remediation construction will have the provisions of the Davis-Bacon Act (40 U.S.C. 276a. as supplemented by Department of Labor regulations (29 CFR Parts I, 3 and 5), inserted in construction contracts over $2,000 that are awarded by State and State contractors and subcontractors.) a. The Recipient agrees that it will comply with the Davis Bacon Act (40 U.S.C. 276a to a-7) as supplemented by U.S. Department of Labor regulations (29 CFR Part 5). All rulings and interpretations of the Davis-Bacon Acts contained in 29 CFR Part 5 are incorporated by reference in this agreement. As applied to this agreement, the Davis -Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the Federal Government provides assistance funding for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a provision that no laborer or mechanic employed directly upon the site of the work shall receive less that the prevailing wage rates as determined by the U.S. Secretary of Labor.

EQUAL EMPLOYMENT OPPORTUNITY:

a. This clause applies to contracts awarded in excess of $10.000, by grantees and their contractors or subgrantees.

b. By signing this agreement or accepting funds under this agreement, the contractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity”, as amended by Department of Labor regulations (41 CFR Chapter 60).

CARGO PREFERENCE:

This clause applies to any agreement under which international air travel may be supported by U.S. Government funds.

Travel supported by U.S. Government funds under this agreement shall use U.S. Flag air carriers (air carriers holding certificates under 49 U.S.C. 41 102) for international air transportation of people and property to the extent that such services is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 401 18) and the interpretative guidelines issued by the Comptroller of General of the United States in the March 31 , 1981, amendment to Comptroller General Decision B 138942.

BUY AMERICAN ACT:

The recipient agrees that it will not expend funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of understanding between the United State of America and the European Economic Community of Government Procurement, and the North American Free Trade Agreement (NAFTA), provide the EC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

COPELAND “ANTI-KICKBACK ACT”:

The contractor agrees that he/she will comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulation (29 CFR Part 3). As applied to this agreement, the Copeland "Anti-Kickback" Act makes it unlawful to induce, by force, intimidation, threat or procuring dismissal from employment, otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

RELOCATION AND REAL PROPERTY ACQUISITION:

The State assures that it will comply with 49 CFR Part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and regulations issued thereunder (49 CFR Part 24). The Act provides for fair and equitable treatment of persons displaced by Federally assisted programs or persons whose property is acquired as a result of such programs.

HATCH ACT:

The State agrees to comply with the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328), as implemented by the Office of Personnel Management at 5 CFR Part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to the activity financed in whole or part with Federal Funds.

NATIONAL HISTORIC PRESERVATION:

a. This clause applies to any construction, acquisition, modernization, or other activity that may impact a historic property.

b. The recipient agrees to identify to the awarding agency any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and to provide any help the awarding agency may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 ( 16 U.S>C. 470. et seq.), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR Part 800 and Executive Order 1 1593 (3 CFR, 1971 - 1975 c. Comp., p. 559)

ENERGY CONSERVATION:

The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act ( P.L. 94-163, 89 Stat. 871 ).

ACCESS TO AND MAINTENANCE OF RECORDS:

The State, NGB, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract, for the purpose of making audit, examination, or reproduction, until three (3) years after final payment, final contract termination settlement, and all other pending matters are closed. The Contractor will include this requirement in all first-tier subcontracts.

BIO-BASED PRODUCT CERTIFICATION:

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products ( within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS:

a. In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture ( USDA )-designated items unless- (1) The product cannot be acquired- (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following: (i) Spacecraft system and launch support equipment (ii) Military equipment, i.e., a product or system designed or procured for combat or combat- related missions. b. Information about this requirement and these products is available at http://www.usda.gov/biopreferred.