Request for Proposals for Air Quality Monitoring … Request for Proposals for Air Quality Monitoring Services, December 21, 2015 Page 2 of 27 Proposal Checklist Content and format

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Capital Area Council of Governments

Request for Proposals for Air Quality Monitoring Services

General The Capital Area Council of Governments (CAPCOG) is a regional planning commission and political

subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of

1965, as amended, Chapter 391 of the Local Government Code and is requesting proposals from

qualified contractors for procurement of professional services to operate and maintain eight air quality

monitoring stations located in Central Texas from March 1, 2016, to February 28, 2018.

Timeline Milestone Date

Request for Proposals (RFP) Issued Mon., Dec. 21, 2015

Deadline for Questions Friday, January 8, 2016, 5 pm CST

Final Response to All Questions Posted & Distributed Monday, January 11, 2016, 5 pm

Proposals due to CAPCOG Tuesday, January 19, 2016, 1 pm CST

CAPCOG Review Committee Makes Recommendation Fri., January 22, 2016

CAPCOG Executive Committee Meeting to Approve Contract Wed., February 10, 2016

Anticipated Contract Start Date Wed. February 17, 2016

Deadline for Completing All Site-Set-Ups for 2016 Wed., March 1, 2016, 12 am CST

NOTICE: Prospective proposers who have received this document from a source other than the CAPCOG

Air Quality Program should immediately contact the CAPCOG Air Quality Program and provide their

name, company, and email address in order that addendum to the RFP or other communication can be

sent to them. Any prospective proposers who fail to provide the CAPCOG Air Quality Program with this

information assume complete responsibility in the event they do not receive communications from the

program after the RFP issue date.

CAPCOG Request for Proposals for Air Quality Monitoring Services, December 21, 2015

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Proposal Checklist Content and format required for this proposal are found in Section 0.

Required Proposal Element ☒

1. Transmittal or Cover Letter ☐

2. Executive Summary ☐

3. Organizational Profile ☐

4. Work Plan ☐

5. Budget Narrative ☐

6. Budget Spreadsheet ☐

7. Relevant Experience and Qualifications ☐

8. Management Plan and Key Staff ☐

9. References ☐

10. Attachments (Resumes, Organizational Charts, Etc.) ☐

11. Signed Certification of Compliance with Small, Disadvantaged, Minority, Women-Owned, and Historically Underutilized Business Policy (Exhibit 1)

☐

12. Signed Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Lower-Tier Covered Transactions (Exhibit 2)

☐

13. Signed Certification Regarding Lobbying (Exhibit 3) ☐

14. Conflict of Interest Questionnaire (Exhibit 4) ☐

15. Copy of Current Certificate of Commercial Liability Insurance Coverage ☐

16. Copy of Current Certificate of Worker’s Compensation Insurance Coverage ☐

17. Copy of Current Certificate of Automobile Insurance Coverage ☐

18. Insurance Quotes Documenting Marginal Cost of Added Insurance Coverage for CAMS 1603

☐

Background CAPCOG has operated monitoring stations in the region since 2003, and is receiving funding from the

Texas Commission on Environmental Quality (TCEQ) to continue to operate eight air quality monitoring

stations for a two-year period beginning on March 1, 2016. CAPCOG is requesting proposals from

qualified and experienced professionals and organizations to operate these stations.

CAPCOG owns eight air quality monitoring stations in Central Texas used to monitor ozone (O3)

concentrations, fine particulate matter (PM2.5) concentrations, wind speed (WS), wind direction (WD),

outdoor temperature (temp.), and relative humidity (RH). These monitoring stations are considered

research monitors and are therefore not considered regulatory monitors. The following table describes

the site locations and the types of measurements that are collected at each of these Continuous Air

Monitoring Stations (CAMS). More details about these stations may be obtained from TCEQ’s website at

www.tceq.texas.gov.

The equipment that will be used in this project is owned by either CAPCOG or TCEQ.

http://www.tceq.texas.gov/


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Table 1. CAPCOG Air Quality Monitoring Stations

TCEQ Site Number

AQS Number Address City County Property Owner Measurements

CAMS 601 481490601 636 Roznov Road, Roundtop,

TX Fayetteville Fayette

Lower Colorado River Authority

O3, PM2.5, WS, WD, Temp.

CAMS 614 482090614 29400 Ranch Road 12, Dripping

Springs, TX Dripping Springs

Hays Dripping Springs

Independent School District

O3, WS, WD, Temp., RH

CAMS 684 480210684 1884 State Highway 71 W,

Cedar Creek, TX Cedar Creek Bastrop

Lower Colorado River Authority


CAMS 690 484910690 500 Overlook Dr., Georgetown,

TX Georgetown Williamson

U.S. Army Corps of Engineers


CAMS 1603 484531603 7412 W. Slaughter Lane, Austin,

TX Austin Travis

Austin Independent

School District


CAMS 1604 480551604 214 Bufkin Lane, Lockhart, TX Lockhart Caldwell City of Lockhart O3, WS, WD, Temp.,

RH

CAMS 1675 482091675 599 Staples Road, San Marcos,

TX San Marcos Hays

City of San Marcos


CAMS 6602 484916602 200 College Street, Hutto, TX Hutto Williamson Hutto

Independent School District



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The monitoring services will entail two distinct tasks:

Task 1: O3 monitoring at all eight stations from March 1, 2016 – Nov. 15, 2016, and March 1,

2017 – Nov. 15, 2017; and

Task 2: PM2.5 monitoring at CAMS 601 from March 1, 2016 – August 31, 2016, with two possible

extensions out to August 31, 2017, and February 28, 2018, dependent on CAPCOG receiving

funding from TCEQ for this project.

Contract Amount and Performance Period The total contract amount for this RFP will be no more than $250,000, and will have an anticipated

performance period of February 17, 2016 to February 28, 2018.

Scope of Work

Task 1: Ozone Monitoring CAPCOG collects ozone and meteorological data at all eight ozone monitoring stations during the

region’s ozone monitoring season that is reported to TCEQ’s LEADS system. For 2016 and 2017, CAPCOG

will be operating these stations between March 1 and November 15 in accordance with a Quality

Assurance Project Plan (QAPP) that is subject to approval by the TCEQ. With the exception of changes

that CAPCOG may make to procedures for calibrations, CAPCOG expects this QAPP to be identical to the

QAPP that was used for its monitoring in 2014 and 2015. This document is being included as a

supplement to this RFP.

Work under Task 1 will involve:

Setting up all stations prior to March 1 each year, including performing an initial five-point

calibration;

Preparing a beginning of the year inventory of all equipment that will be used and their

locations;

Checking TCEQ’s website daily to ensure that data is being accurately collected and identifying

any potential problems;

Coordinating any repairs needed to ensure that equipment operates as intended;

Performing preventative maintenance regularly according to TCEQ’s Standard Operating

Procedures (SOPs) for ozone stations, including any general site maintenance such as periodic

mowing, etc.;

Performing five-point manual calibrations of ozone analyzers each month;

Validating data that is collected and reported to TCEQ’s LEADS system;

Notify CAPCOG of any problems that arise;

Rectifying problems as they arise;

Shutting down stations after November 15;

Submitting monthly reports on activities each month along with invoices; and

Submitting a report for the entire ozone season to CAPCOG no later than November 30 each

year.


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The contractor must comply with all conditions imposed on CAPCOG in each of these site leases,

including adding the site owner as an “other insured” party on their liability coverages as specified in

these agreements. The contractor will also be subject to all of the terms of CAPCOG’s Fiscal Year 2016-

2017 near-nonattainment grant agreement with TCEQ.

In addition to these tasks, the contractor will be expected to provide general consulting services to

CAPCOG as needed to complete this project. For example, if CAPCOG needs to purchase replacement

equipment or relocate equipment currently installed, the contractor will be expected to advise CAPCOG

on logistical requirements that would enable CAPCOG to make informed decisions about the best way to

proceed.

Data Quality Objectives and QAPP Data quality objectives that will be used for this project can be found in Appendix A of the 2014-2015

Quality Assurance Project Plan (QAPP) CAPCOG is developing a draft QAPP for this project based on the

2014-2015 QAPP with minor modifications which will be submitted to TCEQ by December 31, 2015. The

final QAPP will be subject to the agency’s review and approval prior to CAPCOG having authorization to

proceed with this contract.

The one area in which there may be a substantive change in the QAPP is the set of calibration

procedures that will be used. In 2014 and 2015, the five levels that were used were 0 ppb, 90 ppb, 200

ppb, 300 ppb, and 400 ppb. Options that CAPCOG is considering include changing the 90 ppb test to a 70

ppb test in order to match that level to the level of the new ozone National Ambient Air Quality

Standard (NAAQS), and using 0 ppb, 55 ppb, 70 ppb, 85 ppb, and 115 ppb in order to match the break

points for the new ozone Air Quality Index.

To accommodate the change in levels we must verify that the calibration equipment would be able to

accurately and consistently deliver any concentration below current levels before changing over to a

lower concentration. Therefore, each vendor’s proposal should include a discussion of the capabilities of

the vendor’s calibration equipment to test alternative calibration points in the 0 ppb to 200 ppb range,

including the specific points mentioned above..

Since CAPCOG’s ozone monitoring is primarily concerned with collecting data on peak ozone

concentrations, calibration and preventative maintenance should be scheduled in such a way as to

minimize the possibility that they would cause data loss during a peak 8-hour ozone concentration,

especially when ozone is predicted to be “moderate” or worse. In general, this would mean avoiding 10

am to 6 pm for any such work if ozone levels are predicted to be “moderate” and rescheduling the work

to a different day if ozone is predicted to be “unhealthy for sensitive groups” or worse.

Task 1.1: Site Set-Ups Prior to March 1 in 2016 and 2017, the contractor will need to complete site set-ups for ozone and

meteorological equipment at all eight monitoring stations. Site set-ups will include:

Powering on the station’s ozone analyzers, meteorological instruments, phone system, modem,

battery back-up, and air conditioning equipment (if applicable);

Testing equipment to verify that they are working properly;

Calibrating ozone analyzers and meteorological equipment (as described under the

“calibrations” section of this RFP);


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Verify that data is being transmitted to and received by TCEQ;

Taking a start-of-season inventory of each station;

Notifying the TCEQ and CAPCOG that the stations are operational; and

Verifying that data is being reported out to TCEQ’s website.

Task 1.2: Maintenance From March 1 to November 15 each year, the contractor will maintain all eight ozone stations.

Maintenance includes all preventative maintenance procedures TCEQ uses for its monitoring stations as

described in CAPCOG’s 2014-2015 QAPP.1 This subtask also involves any non-routine maintenance

required as a result of problems that may arise throughout the performance period.

Task 1.3: Calibrations In addition to performing an initial calibration in February of each ozone season, the contractor will be

required to perform five-point calibrations on each ozone analyzer each and every month of the ozone

season with the exception of November (March, April, May, June, July, August, September and October).

These calibrations should involve testing five ozone concentrations reported by the analyzers deployed

in the field against known ozone reference concentrations and making adjustments to the field

analyzer’s slope and intercept in order to ensure that high-quality data is being reported to TCEQ’s

LEADS network. If the tests show that data quality objectives are not being met, the contractor will

notify CAPCOG and take remedial steps to correct the problem.

Calibrations should not occur any sooner than 15 days apart or any later than 45 days apart at the same

station. Therefore, if a monitoring station set-up is completed at 1 pm on February 29, 2016, the

contractor will need to complete the March calibration between 1 pm on March 15, 2016, and 11:59 pm

on March 31, 2016, in order to ensure that a calibration occurs in March but does not occur sooner than

15 days after the last calibration. If the contractor completes a calibration at 1 pm on March 16, 2016,

then the April calibration can occur between 1 pm on April 1, 2016, and 11:59 pm on April 30, 2016.

CAPCOG does not own and will not be providing an ozone transfer standard for this project. The

contractor will be required to use its own transfer standard in order to complete these calibrations.

Task 1.4: Data Validation Data validation procedures are described in CAPCOG’s 2014-2015 QAPP2 and will involve:

Daily reviews of sampling data that is reported to TCEQ’s LEADS system in order to confirm that

all data is being collected and reported properly and that none of the instruments are reporting

anomalous data that do not compare well to other stations;

Monthly review of the entire previous month’s data and making any needed entries in TCEQ’s

LEADS system.

Task 1.5: Site Shut-Downs At the conclusion of each ozone season, the contractor will shut off and secure all equipment no sooner

than November 16 and no later than November 30. Shut down procedures will include performing a

1 Subject to change based upon TCEQ’s review and approval of CAPCOG’s 2016-2017 QAPP.

2 Subject to change based upon TCEQ’s review and approval of CAPCOG’s 2016-2017 QAPP.


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final, year-end five-point calibration, taking a year-end inventory of equipment, powering down all

equipment, and securing the facility.

As directed by CAPCOG staff, the contractor may also need to bring some of the equipment back to

CAPCOG offices or store equipment at their own offices between ozone seasons. The inventory will be

incorporated into the final report for the ozone season described under Task 1.7 described under Task

1.7 below.

Task 1.6: Monthly Reports Monthly activity reports will be required to be submitted to CAPCOG by the 10th of each month along

with each monthly invoice that documents the contractor’s work on Tasks 1.1 through 1.5. Reports

should include data completeness statistics, results of calibrations, operator logs, any deviations from

the approved QAPP, data validation procedures employed, and any other information needed for

CAPCOG to verify that the data quality objectives were met.

Task 1.7: Annual Reports Following site-shut downs, the contractor will need to prepare a final report covering all activities

performed during that ozone season up through site shut-down. In addition to the data completeness

statistics, calibration results, operator logs, deviations from operator logs, and data validation

procedures employed, the report should also include a year-end equipment inventory similar to the

beginning of year inventory. Unlike the monthly reports, the final report must be submitted to CAPCOG

by November 30 of each year. This report must be approved by TCEQ prior to final acceptance by

CAPCOG and must meet state accessibility requirements.

Special Provisions Regarding Insurance Coverage CAPCOG’s site lease agreement for the Gorzycki Middle School site (CAMS 1603) requires higher

insurance limits than CAPCOG would otherwise require of a contractor. CAPCOG is prepared to pay for

the marginal cost associated the added insurance requirements for this one site only. A comparison of

the insurance coverage required by CAPCOG for all other sites and the coverage required for Gorzycki

Middle School is provided in the table below.

Table 2: Comparison of Insurance Coverage Limits Requirements

Coverage Gorzycki MS All Other Sites

Commercial General Liability – Each Occurrence

$2,000,000 $100,000

Commercial General Liability – Annual Aggregate

$4,000,000 $300,000

Commercial General Liability – Personal and Advertising Injury

$2,000,000 $100,000

Commercial General Liability – Excess Liability Coverage

$1,000,000

Worker’s Compensation – Bodily Injury (per employee)

$500,000 $100,000

Worker’s Compensation – Disease (per employee per disease)

$500,000 $300,000


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Coverage Gorzycki MS All Other Sites

Automobile Liability – Combined Bodily Injury and Property Damage

$1,000,000 $300,000

Proposers must provide:

a copy of the certificate for current commercial liability,

a copy of the certificate for current workers’ compensation,

a copy of the certificate for current automobile insurance coverage, in order to demonstrate

that they meet the requirements for all sites other than CAMS 1603, and

a quote or quotes from their current insurance carrier documenting the marginal cost of

bringing their own limits up to those required for CAMS 1603.

Providing one quote for the minimum requirements CAMS 1603 and a quote for the minimum

requirements for all other stations will be sufficient to demonstrate the marginal cost associated with

the added insurance requirements CAPCOG must meet for CAMS 1603. The selected contractor will be

required to provide such documentation at least five business days in advance of any change in

insurance coverage or rates once the contract has been executed.

Task 2: Particulate Matter Monitoring CAPCOG collects PM2.5 data at CAMS 601 (Fayetteville) year-round using a Tapered Element Oscillating

Microbalance (TEOM) instrument under a contract with TCEQ. The contractor will be required to comply

with the TCEQ’s QAPP for PM2.5 and TCEQ’s Chemical Hygiene Plan. CAPCOG’s site lease agreement for

this site involves trained LCRA personnel performing weekly site visits to perform preventative

maintenance, so the contractor would not be required to provide that service for this project, but would

be expected to stay in touch with LCRA personnel and address any issues identified by them during

regular maintenance visits. Monthly and quarterly instrument checks and reports will need to be

submitted to the TCEQ QA/QC officer at [email protected], with a copy sent to Andrew Hoekzema at

[email protected].

The contractor will be required to provide an 85% data return quarterly from the TEOM and the F460

used at CAMS 601. If the 85% data return is not achieved, assignable cause must be identified.

Assignable causes may include circumstances beyond the control of the contractor. Neglect of the site is

not an assignable cause.

The current contract CAPCOG has with TCEQ provides funding for conducting PM2.5 monitoring at CAMS

601 through August 31, 2016. For this contract, CAPCOG will need the contractor to begin work on PM

monitoring at Fayette.

The charges for this task are limited to $822.99 per month from May 1, 2016 through August 31, 2016.

This period will be referred to as Task 2.1: Fayette PM2.5 Monitoring FY 16. To the extent that certain

costs associated with performing the work required for this task may also be necessary in order to

perform the ozone monitoring work (such as travel to and from the site and maintenance of the

meteorological instruments), the proposal may assign those costs exclusively to the ozone monitoring

mailto:[email protected]



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task if the vendor wishes. Since there are some months in which the only monitoring operations

CAPCOG will be undertaking will be the PM2.5 monitoring at CAMS 601, the proposal will also need to

include costs for monthly PM2.5 monitoring for September 1, 2016, through February 28, 2018. Extended

PM2.5 monitoring into FY 2017 (September 1, 2016 – August 31, 2017) will be Task 2.2 and is contingent

upon renewal of CAPCOG’s funding for this work. Extended PM2.5 monitoring into FY 2018 through

February 28, 2018, will be Task 2.3 and is also contingent upon further renewal of CAPCOG’s funding for

this work.

Summary of Deliverables & Due Dates The following table summarizes the scheduled tasks that will need to be completed as part of this

project.

Table 3: Summary of Scheduled Tasks

Task Number Deliverable Time Frame

1.1 Completion of O3 Site Set-Ups Prior to March 1, 2016, and Prior to March 1, 2017

1.2 O3 Site Maintenance March 1 – November 15, 2016 and March 1 – November 15, 2017

1.3 Scheduled O3 Site Calibrations Each month, March 1 – October 31, 2016 and March 1 – October 31, 2017

1.4 O3 Site Data Validation Procedures

March – November 2016 March – November 2017

1.5 O3 Site Shut-Downs November 16 – November 30, 2016 and November 16 – November 30, 2017

1.6 O3 Monitoring Monthly Reports

No later than the 10th of each month for each preceding month

1.7 O3 Monitoring Annual Reports No later than November 30, 2016 No later than November 30, 2017

2.1 FY 2016 PM2.5 Monthly and Quarterly Verification Reports

No later than the 15th of each month for each prior period (month or quarter) covering March 1, 2016 – August 31, 2016


No later than the 15th of each month for each prior period (month or quarter) covering September 1, 2016 – August 31, 2017


No later than the 15th of each month for each prior period (month or quarter) covering September 1, 2016 – August 31, 2017

Each contractor’s proposal should provide the total costs for each task listed above, as well as a month-

by-month, site-by-site breakdown for tasks 1.2, 1.3, 1.4, 1.5, 2.1, 2.2, and 2.3. The contractor should also

provide in its budget narrative the proposed labor rate that will be charged for any extra work not

specifically scheduled above. The marginal cost of any additional insurance coverage should be listed as

a separate line-item expense.


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Requirements for Proposal The proposal is limited to 20 pages (front and back), not including a cover page/letter and attachments.

All applications must be submitted as both PDF format and Microsoft Word Format with margins not

less than one inch. Text type must be 12 point or larger. Below is a summary of required information.

Proposals should be organized accordingly.

1) Executive Summary (1 page)

2) Organizational Profile (1 page)

3) Work Plan (5-9 pages)

4) Budget (3-4 pages)

5) Management Plan and Key Staff (3-4 pages)

6) References (1 page)

7) Attachments

Executive Summary Provide a 1-page overview of how the project will meet the goals of the proposal.

Organizational Profile Provide a 1-page description of your organization in terms of its history, primary business, and former

and current customers. Please include, at a minimum:

Ownership information, including any Historically Underutilized Business (HUB) vendor

information;

DUNS Number;

Physical Address;

Mailing Address;

Primary contact name;

Office phone number for primary contact;

Cell phone number for primary contact;

Fax number for primary contact; and

E-mail address for primary contact.

Work Plan Provide a work plan that describes your technical approach to complete work described in Tasks 1 and 2.

Focus in particular on how specifically how you would complete the work beyond the descriptions of the

work included in this RFP. For example, explain how your firm would ensure that monthly ozone

calibrations were completed on-time such that they avoided interfering with a potential high 8-hour

ozone measurement, or the exact data validation procedures that your firm would use. The work plan

should include details such as the estimated number of hours of work that would be required to

complete the work and any other types of inputs that would be required under this contract. These

estimates should be able to tie directly to the costs in the budget narrative.


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Budget Provide a budget narrative for this project with enough detail that cost effectiveness can be evaluated.

Budget components should include a breakdown of activities at each station on a monthly basis and

costs of report preparation. Proposals should use the following tables to present the costs for Tasks 1

and 2. All per-unit costs presented in the budget narrative will be used as the basis for the contract

entered into and any extensions, if approved by CAPCOG. The information below is available in Excel –

please complete the Excel spreadsheet with budget numbers and submit along with the proposal. Note

that the cost for CAMS 1603 site set-up should include the marginal cost of the added insurance

required to operate that station.

Table 4. Budget for Task 1.1: Ozone Monitoring Site Set-Ups

Description Per-Unit Cost Units Quantity Period (2016 & 2017) Total Cost

CAMS 601 Set-Up $ Seasons 2 February $




CAMS 1603 Set-Up (incl. extra insurance)

$ Seasons 2 February $




Total for Set-Ups n/a n/a n/a n/a $

Table 5. Budget for Task 1.2: Ozone Monitoring Site Maintenance

Description Per-Unit Cost Units Quantity Period (2016 & 2017)

Total Cost

CAMS 601 Maintenance $ Months 17 Mar. 1 – Nov. 15 $








Total for Site Maintenance n/a n/a n/a n/a $


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Table 6. Budget for Task 1.3: Ozone Monitoring Monthly Calibrations


Total Cost

CAMS 601 Calibrations $ Months 16 Mar. 1 – Oct. 31 $








Total for Monthly Calibrations

n/a n/a n/a n/a $

Table 7. Budget for Task 1.4: Ozone Monitoring Data Validation


Total Cost

CAMS 601 Data Validation $ Months 17 Mar. 1 – Nov. 15 $








Total for Data Validation n/a n/a n/a n/a $

Table 8. Budget for Task 1.5: Ozone Monitoring Site Shut Downs


Total Cost

CAMS 601 Shut Down $ Seasons 2 Nov. 16 – Nov. 30 $

CAMS 614 Shut Down $ Season 2 Nov. 16 – Nov. 30 $







Total for Shut Downs n/a n/a n/a n/a $


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Table 9. Budget for Task 1.6: Ozone Monitoring Reports


Total Cost

2016 Monthly Reports $ Report 9 April – December $

2017 Monthly Reports $ Report 9 April – December $

Total for Ozone Season Reports

n/a n/a n/a n/a $

Table 10. Budget for Task 1.7: Ozone Monitoring Reports


Total Cost

2016 Ozone Season Report $ Report 1 Nov. 16 – Nov. 30 $

2017 Ozone Season Report $ Report 1 Nov. 16 – Nov. 30 $

Total for Ozone Season Reports

n/a n/a n/a n/a $

Table 11. Budget for Fayette PM2.5 Monitoring FY 16-18)

Description Per-Unit Cost Units Quantity Period Total Cost

Task 2.1: FY 16 Operations $ Months 6 3/1/16 – 8/31/16 $



Total for Fayette PM2.5 n/a n/a n/a 3/1/16 – 2/28/18 $

Table 12. Budget Summary by Task

Task Total Cost

Task 1.1: Ozone Monitoring Site Set-Ups $

Task 1.2: Ozone Monitoring Site Maintenance $

Task 1.3: Ozone Monitoring Monthly Calibrations $

Task 1.4: Ozone Monitoring Data Validation $

Task 1.5: Ozone Monitoring Data Validation $

Task 1.6: Ozone Monitoring Monthly Reports $

Task 1.7: Ozone Monitoring Season Final Reports $

TASK 1: OZONE MONITORING SUBTOTAL $

Task 2.1: Fayette PM2.5 Monitoring FY 16 Operations $



TASK 2: FAYETTE PM2.5 MONITORING SUBTOTAL $

PROJECT TOTAL FOR TASKS 1 AND 2 $

The project total for Tasks 1 and 2 must be at or below $250,000 in order to be considered responsive

to this RFP.


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In addition to these defined costs, the proposal should also include other relevant cost estimates if

additional work is required beyond this defined scope of work. For instance, if a piece of equipment

needs to be repaired, additional staff time may be required. This would be billable at whatever rate was

provided in the proposal. These costs should be consistent with the costs quoted in the budget table. At

a minimum, this should include:

Hourly labor rates; and

The estimated number of hours required for typical types of repairs for ozone analyzers and

meteorological equipment used in this project.

Management Plan and Key Staff Describe the role of key staff in the project including the identification of the project manager. Provide

detail on the proportion of time each staff member will allocate to each part of the project. Provide a

summary of each individual’s work history and qualifications to complete work on this project. Describe

other qualified staff available to complete the project if one of the individuals listed in the proposal

terminates employment with the contractor or is otherwise unavailable prior to completion of the

project. Full resumes should not be included in this section.

References Provide at least three (3) references (complete with contact information) that can vouch for your

organization’s ability to complete the work. For each reference, include a brief description of the project

or projects that the person would be able to speak about. At least three references should be provided,

including at least one that can specifically vouch for the vendor’s work in Texas. If the vendor has

previously completed work for CAPCOG, do not list CAPCOG personnel references.

Submission of Proposals Vendors must submit proposals in PDF format or a Microsoft Word format via e-mail to

[email protected] no later than 1:00 p.m. (Central Standard Time), Tuesday, January 19, 2016.

Please put “Attention Air Quality Monitoring Services RFP” in the e-mail subject line. Printed proposals

will not be accepted.

Pages should be numbered and contain an organized, paginated table of contents corresponding to the

sections and pages of the RFP.

Updates and Additional Information Updates and additional information related to this RFP may be obtained from the CAPCOG website,

www.capcog.org, in the “About CAPCOG” section. Any requests for additional information regarding this

RFP may be faxed to Andrew Hoekzema at (512) 916-6001 by Friday, January 8, 2016, 5 pm CST, or

emailed to [email protected] by the same deadline. Requests for additional information received

and associated responses will also be posted on the CAPCOG Web site in the “About CAPCOG” section.


http://www.capcog.org/



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Method of Payment Payment shall be made for services rendered and billed by the Contractor and received by CAPCOG on a

monthly basis. CAPCOG is not liable for any costs incurred by a proposer in preparing and submitting a

proposal.

Proposal Review and Selection Process

Review Committee Once proposals are received by CAPCOG, they will be distributed to members of a review committee

comprising:

1. CAPCOG’s Air Quality Program Manager;

2. A member of the City of Austin Air Quality Program staff;

3. A representative of Williamson County’s Conservation Foundation;

4. Fred Blood, an air quality consultant for CAPCOG; and

5. One additional member of the Clean Air Coalition Advisory Committee.

Evaluation Criteria Between January 15, 2016, and January 22, 2016, each member of the review committee will score

proposals according to the following scoring criteria:

1. Work Plan: 25 points

2. Budget: 15 points

3. Management Plan and Key Staff: 35 points

4. References: 25 points

The work plan will be evaluated based on how well the proposed approach describes the work that will

be completed and the likelihood that the proposed approach would successfully fulfill CAPCOG’s

expectations for this contract.

The budget will be scored based on the level of detail provided and the costs quoted.

The management plan and key staff will be evaluated based on the demonstrated capability of the

vendor to carry out the work described in this RFP. Key factors that will be considered include:

Experience working with the specific instruments that will be used in this contract;

Experience working with TCEQ’s LEADS system for data reporting and validation;

Prior performance in CAPCOG projects, if applicable;

Availability of staff to respond to problems quickly when they occur;

References will be evaluated based on the relevancy of the reference to the work that will be completed

and the strength of the recommendation. Upon receipt of a proposal, CAPCOG’s Air Quality Program


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Manager will call each reference to notify that person that he or she was listed as a reference and that

CAPCOG would be sending that person an e-mail with some questions:

You have been listed as a reference for [vendor] for an air quality monitoring proposal. Do you

know [vendor]?

What projects has [vendor] completed that you have knowledge of and would be able to

evaluate the performance for?

Overall, how would you evaluate [vendor’s] performance for these projects?

Were there any problems that arose in [vendor’s] performance?

CAPCOG Executive Committee Approval CAPCOG will negotiate and contract with the selected contractor following Executive Committee

approval. The anticipated start date for the contract is February 17, 2016. The selected contractor will

be required to complete all start-up procedures between the execution date of the contract and the end

of the day on February 28, 2016.

Other Provisions

Additional Information CAPCOG may request in writing additional information from a proposer relating to the proposal and the

proposer agrees to furnish it within a reasonable time.

Use of Copyrighted Material in Proposal CAPCOG reserves an irrevocable, nonexclusive, and royalty-free right to use, reproduce, and copy, for a

governmental purpose, all copyrighted material included in the proposal.

Amendment or Withdrawal of Proposal A proposer may not amend its proposal after its receipt by CAPCOG. However, CAPCOG may waive an

error in or omission from a proposal if the error or omission is not material.

Except as provided in the next paragraph, a proposer may not withdraw or cancel the proposal, without

the written permission of CAPCOG, for a period of 90 calendar days following the due date for

proposals.

A proposer may withdraw the proposal if there is a material mistake in the proposal and resubmit the

proposal with the mistake corrected before the due date for proposals.

Award of Contract CAPCOG will award the contract to the responsible proposer whose proposal is the most advantageous

to CAPCOG.

CAPCOG reserves the right to reject any or all proposals. If CAPCOG rejects all proposals, it may solicit

new proposals if a new solicitation is in CAPCOG’s best interest.

Once the contractor is selected, CAPCOG reserves the right to negotiate its terms with the successful

proposer.


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A proposer selected as a result of this solicitation may be subject to a criminal background check as a

condition to entering into a contract.

Resolution of Protested Solicitation or Contract Award An unsuccessful proposer who wants to protest the solicitation process or contract award may refer to

CAPCOG’s policies included as Exhibit 5 to this RFP.

Documents Incorporated by Reference The following documents are incorporated by reference into this RFP and are posted online:

CAPCOG’s FY 2016-2017 Near-Nonattainment Grant Agreement with TCEQ;

CAPCOG’s FY 2016-2017 Near-Nonattainment Proposal for Grant Activities with TCEQ;

CAPCOG’s Contract with TCEQ for Fayette PM2.5 Monitoring and all related Amendments;

CAPCOG’s Site Lease Agreements and all related amendments for all eight CAMS;

CAPCOG’s 2014-2015 QAPP for Ozone Monitoring;

CAPCOG’s 2015 Ozone Monitoring Report.

Other Contractual Requirements

Section 1.113 CAPCOG Procurement Policies: Public Access to Procurement Information 1. All procurement information in CAPCOG’s possession is public information, and is subject to

disclosure to third parties upon request, unless exempted from disclosure by the Texas Public

Information Act.

2. If a bidder/offeror believes that information in the bid or proposal is proprietary and is not

disclosable to a third party, the bidder/offeror must clearly mark the information as proprietary

and inform CAPCOG in writing that the bidder/offeror will contest disclosure of the information

if disclosure is requested under the Texas Public Information Act.

3. If the allegedly proprietary information is clearly marked as such and CAPCOG was informed of

the bidder/offeror’s desire to keep the information confidential, CAPCOG agrees to use the

information only to evaluate the bid or proposal and to take reasonable precautions to protect

the information from unauthorized disclosure to third parties. CAPCOG agrees to refuse to

disclose the information, if requested to do so under the Texas Public Information Act, and

instead to request an Attorney General’s opinion on whether the information may be disclosed.

CAPCOG agrees to inform the bidder/offeror of any request for disclosure of the information

under the Texas Public Information Act.

4. CAPCOG’s sole obligation to protect allegedly proprietary information contained in bids or

proposals is described in this Section 1-113.

5. A copy of this Section 1-113 shall be included in each solicitation for bids by CAPCOG.

Certifications All contracts awarded by CAPCOG are subject to the provisions of the following:


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Compliance with Small, Disadvantaged, Minority, Women-Owned, And Historically Underutilized

Business Policy

Small, Disadvantaged, Minority, Women-Owned and Historically Underutilized Businesses:

Federal Assistance or Contract Procurement Requirements

Debarment, Suspension, Ineligibility and Voluntary Exclusion For Lower-Tier Covered

Transactions

Lobbying

Conflict of Interest Questionnaire

Appendix A to this RFP includes certifications of compliance with each of the above provisions. All

proposers must submit the completed, signed certifications with their proposal in order to be

considered.


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General Terms and Conditions of Procurement Contract Note: The following terms and conditions may not apply to all procurement contracts. Some terms and

conditions may be modified or deleted, and others added, depending on the particular contract.

Contractor will be furnished a copy of the General Terms and Conditions for its contract after the

contract award is made.

Sec. 1. Independent Contractor 1.1. Contractor is not an employee or agent of CAPCOG, but provides goods and performs

services under this contract solely as an independent contractor.

Sec. 2. Assignment and Subcontracting 2.1. Contractor may not assign its rights or subcontract its duties under this contract without the

prior written consent of CAPCOG. An attempted assignment or subcontract in violation of this Sec. 2.1 is

void.

2.2. [CAPCOG consents to Contractor subcontracting with ____________, but the] [If CAPCOG

consents to subcontracting, each] subcontract is subject to all of the terms and conditions of this

contract, and Contractor agrees to furnish a copy of this contract to each of its subcontractors.

2.3. Notwithstanding CAPCOG's consent to subcontracting under Sec. 2.2, Contractor remains

solely responsible for performance of this contract.

Sec. 3. Performance Bond and Liability Insurance [3.1. Contractor agrees to furnish CAPCOG with a performance bond, in the amount of the total

contract price, guaranteed by a corporate surety satisfactory to CAPCOG and conditioned on

Contractor's satisfactory performance of this contract. Contractor agrees to deliver the performance

bond to CAPCOG within 30 calendar days after the effective date of this contract, and to maintain the

bond in effect throughout the term of this contract.]

[Contractor represents that it is self-insured and certifies that its self-insurance provides at least

the following coverages for possible claims arising out of performance or nonperformance of this

Contract and made by a third party against CAPCOG:]

3.2. Contractor agrees to maintain throughout the term of this contract (1) commercial general

liability insurance with the minimum coverages of $______________ for each occurrence,

$__________________annual aggregate, and $___________________ personal and advertising injury,

plus $__________________ excess liability coverage; (2) Texas workers' compensation insurance with

coverage satisfying the statutory requirements plus Employers’ Liability insurance with minimum

coverages per employee of $________for bodily injury and $_________ for disease for each accident;

and (3) comprehensive automobile liability insurance with limits of at least $_____________ combined

single limit for bodily injury and property damage for each occurrence.

3.3. Contractor agrees to name CAPCOG an additional insured on each of the insurance policies,

except the worker's compensation policy, maintained under Sec. 3.2. Each of Contractor’s insurance

policies maintained under Sec. 3.2 must contain provisions (1) that the insurer will notify CAPCOG in

writing at least 30 calendar days in advance of (i) cancellation or nonrenewal of the policy, (ii) any


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reduction in the policy amounts, and (iii) deletion of CAPCOG as an additional insured; and (2) waiving

subrogation in CAPCOG’s favor.

3.4. Contractor agrees to furnish CAPCOG a copy of the declarations page or a certificate of

insurance for each insurance policy maintained under Sec. 3.2 within 30 calendar days after the effective

date of this contract.

Sec. 4. Indemnification 4.1. CONTRACTOR AGREES AT ITS OWN EXPENSE TO DEFEND CAPCOG, ITS GOVERNING BODY

MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY CLAIM, SUIT, OR ADMINISTRATIVE

PROCEEDING, AND TO INDEMNIFY THEM AGAINST ANY LIABILITY (INCLUDING ALL EXPENSES AND

REASONABLE COUNSEL FEES INCURRED), ARISING OUT OF THE INTENTIONAL, GROSSLY NEGLIGENT, OR

NEGLIGENT WRONGFUL ACT OR OMISSION OF CONTRACTOR'S GOVERNING BODY MEMBER, OFFICER,

EMPLOYEE, OR AGENT UNDER THIS CONTRACT.

4.2. IF CONTRACTOR IS SERVED WITH PROCESS IN A SUIT OR PROCEEDING DESCRIBED IN SEC.

4.1, CONTRACTOR AGREES PROMPTLY TO FURNISH CAPCOG WITH A COPY OF THE PROCESS.

4.3. CONTRACTOR AGREES THAT IT’S OBLIGATIONS UNDER SECS. 4.1 AND 4.2 APPLY TO CAUSES

OF ACTION ACCRUING DURING THE TERM OF THIS CONTRACT, AND THAT FOR THIS PURPOSE THE

OBLIGATIONS WILL SURVIVE THE ENDING OR EARLY TERMINATION OF THIS CONTRACT.

Sec. 5. Records and Inspections 5.1. Contractor agrees to maintain records adequate to document its performance, costs, and

receipts under this contract. Contractor agrees to maintain these records at Contractor's office address

described in Sec.16.2.

5.2. Subject to the additional requirement of Sec. 5.3, Contractor agrees to preserve the records

for four years after receiving its final payment under this contract.

5.3. If an audit of or information in the records is disputed or the subject of litigation,

Contractor agrees to preserve the records until the dispute or litigation is finally concluded, regardless of

the ending or early termination of this contract.

5.4. CAPCOG is entitled to inspect and copy, during normal business hours at Contractor's offices

where they are maintained, the records maintained under this contract for as long as they are

preserved.

5.5. CAPCOG is also entitled to visit Contractor's offices and talk to its personnel during normal

business hours to assist in evaluating its performance under this contract.

5.6. _________________________ and the Texas State Auditor have the same inspection,

copying, and visitation rights as CAPCOG.

Sec. 6. Proprietary or Confidential Information 6.1. All information in CAPCOG's possession is public information, and is subject to disclosure to

third parties upon request, unless excepted from disclosure by the Texas Public Information Act.


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6.2. If Contractor believes that information it submits to CAPCOG is proprietary or confidential

and is not disclosable to a third party, Contractor must clearly mark the information as proprietary or

confidential and inform CAPCOG in writing that the Contractor will contest disclosure of the information

if disclosure is requested under the Texas Public Information Act.

6.3. If the allegedly proprietary or confidential information is clearly marked as such and

CAPCOG was informed of Contractor's desire to keep the information confidential, CAPCOG agrees to

use the information only in performing this contract and to take reasonable precautions to protect the

information from unauthorized disclosure to third parties. CAPCOG agrees to refuse to disclose the

information, if requested to do so under the Texas Public Information Act, and instead to request an

Attorney General's decision on whether the information may be disclosed. CAPCOG agrees to inform

Contractor of any request for disclosure of the information under the Texas Public Information Act.

6.4. CAPCOG’s sole obligation to protect allegedly proprietary or confidential information

submitted by Contractor is described in this Sec. 6.

Sec. 7. Intellectual Property 7.1. For purposes of this Sec. 7, "intellectual property" means a discovery or invention for which

patent, trademark, or trade secret rights may be acquired; designs, plans, maps, computer programs,

reports, manuals, or other copyrightable materials; and any other materials in which intellectual

property rights have been or may be acquired.

7.2. If Contractor creates intellectual property in the performance of this contract or purchases

intellectual property with contract funds, Contractor shall promptly notify CAPCOG of the creation or

purchase and supply CAPCOG with sufficient technical detail to identify the property and describe its

likely applications.

7.3. CAPCOG and _________ each reserves an irrevocable, nonexclusive, and royalty-free right

to use, reproduce, copy, sell, or license, and to license others to use, reproduce, copy, sell, or license, for

a governmental purpose, any intellectual property created in the performance of this contract or

purchased with contract funds.

7.4. Contractor agrees to include the following notice on each publication produced with funds

received under this contract for public distribution:

Prepared in cooperation with [Contractor], [Grantor], and the Capital Area Council of

Governments. The contents of this publication reflect the views of [Contractor], which is solely

responsible for the opinions and data it contains. The contents do not necessarily reflect the official view

or policies of the Capital Area Council of Governments or of the [Grantor].

Sec. 8. Nondiscrimination and Equal Opportunity 8.1. Sec. 8.2 summarizes the nondiscrimination and equal opportunity requirements applicable

to Contractor's performance under this contract that are set out in detail in title ____, parts

_____________, Code of Federal Regulations. Contractor agrees to comply with the detailed

requirements.

8.2. Contractor shall not exclude anyone from participating under this contract, deny anyone

benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this


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contract because of race, color, national origin, religion, sex, age, disability, handicap, or veteran status.

Contractor agrees to identify itself as an Equal Opportunity/

Affirmative Action Employer and to identify any special considerations required by law in all recruitment

advertisements.

Sec. 9. Affirmative Action Procurement, Debarment, Anti-lobbying, Disclosure of Conflict

of Interest 9.1. Contractor (and any Subcontractor) agrees to sign the applicable certificates and comply

with the affirmative action procurement, debarment, anti-lobbying, and conflict of interest disclosure

requirements set out in Exhibits 1, 2, 3, and 4 to this Attachment.

Sec. 10. Force Majeure 10.1. Subject to the requirements of Sec.10.2 and 10.3 and the limitation of Sec.10.4, a party's

obligations under this contract are suspended during any period the party is unable to perform its

obligations because of work stoppage or strike resulting from a labor dispute; fire, flood, wind,

earthquake, or other natural or man-made disaster; epidemic, riot, sabotage, rebellion, domestic or

foreign terrorism, or war; governmental intervention; or other cause beyond the party's control.

10.2. Sec.10.1 does not apply unless the party invoking it notifies the other party of the force

majeure event within five business days after it occurs, describing the nature of the event in detail and

estimating its likely duration. The party invoking Sec.10.1 has the burden of proving that the force

majeure event exists.

10.3. If the other party is reasonably satisfied that the force majeure event exists, it shall notify

the invoking party that the obligations of this contract are suspended from the effective date of the

event throughout its duration. The party invoking Sec. 10.1 shall notify the other party within five

business days after the force majeure event ends. When the force majeure event ends, the obligations

of this contract are reinstated for the remainder of the contract's term.

10.4. If the obligations of this contract are suspended because of a force majeure event for a

cumulative period of more than 30 calendar days, CAPCOG may terminate this contract in whole or part

for convenience under Sec.13.

Sec. 11. Dispute Resolution 11.1. The parties desire to resolve disputes arising under this contract without litigation.

Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute

between them. To this end, the parties agree not to sue one another, except to enforce compliance

with this Sec.11, toll the statute of limitations, or seek an injunction, until they have exhausted the

procedures set out in this Sec.11.

11.2. At the written request of either party, each party shall appoint one non-lawyer

representative to negotiate informally and in good faith to resolve any dispute arising under this

contract. The representatives appointed shall determine the location, format, frequency, and duration

of the negotiations.

11.3. If the representatives cannot resolve the dispute within 30 calendar days after the first

negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin


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for mediation in accordance with the Center's mediation procedures by a single mediator assigned by

the Center. Each party shall pay half the cost of the Center's mediation services.

11.4. The parties agree to continue performing their duties under this contract, which are

unaffected by the dispute, during the negotiation and mediation process.

Sec. 12. Suspension or Termination of Contract for Unavailability of Funds 12.1. Contractor acknowledges that CAPCOG is a governmental entity without taxing power and

agrees that CAPCOG may suspend its payment obligations under or terminate this contract in whole or

part if CAPCOG learns that funds to pay for all or part of the goods or services will not be available at the

time of delivery or performance. If CAPCOG suspends or terminates only part of this contract for

unavailability of funds, Contractor agrees to perform the unsuspended or unterminated part if CAPCOG

so requests.

12.2. CAPCOG agrees to encumber its funds for the full contract price when the contract is

awarded, and to use all reasonable means to ensure the availability of funding for payment.

12.3. CAPCOG suspends or terminates this contract for unavailability of funds by giving

Contractor notice of the suspension or termination, as soon as it learns of the funding unavailability,

specifying the suspension or termination date, and describing the part or parts suspended or

terminated. CAPCOG agrees to promptly return to Contractor at CAPCOG's expense any unpaid-for

goods Contractor shipped to CAPCOG before receiving notice of suspension or termination.

12.4. If this contract is terminated for unavailability of funds under this Sec.12, Contractor is

entitled to compensation for goods it furnished and services it performed before it received notice of

termination. However, CAPCOG is not liable to Contractor for costs it paid or incurred under this

contract after or in anticipation of its receipt of notice of termination.

Sec. 13. Termination of Contract for Convenience 13.1. CAPCOG may terminate this contract in whole or part for its convenience. CAPCOG

terminates this contract for convenience by giving Contractor at least 30 calendar days' notice of the

termination, specifying the termination date, and describing the part or parts terminated.

13.2. Upon receipt of the termination notice, Contractor agrees to stop work on or before the

termination date, cancel all subcontracts and orders entered into under this contract, and settle all

claims resulting from cancellation of the subcontracts and orders. If CAPCOG terminates only part of the

contract, Contractor agrees to complete the unterminated part if CAPCOG so requests.

13.3. At CAPCOG's request, following termination of the contract for convenience, Contractor

agrees to transfer title and deliver to CAPCOG, at CAPCOG's expense,

________________________________ produced in performing this contract. Contractor agrees to

preserve and protect the ___________________ until they are delivered to CAPCOG.

13.4. Contractor agrees to submit to CAPCOG a written termination claim itemizing and

documenting the amounts due because of termination of the contract. If Contractor does


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not submit the termination claim within 90 calendar days from the effective date of termination;

Contractor's termination claim is barred.

13.5. If Contractor's termination claim is timely submitted, complete, and correct, CAPCOG

agrees to pay Contractor the following amounts in full settlement of Contractor's claim: (l) the

reasonable cost of all goods supplied or services performed through the date of termination plus a

reasonable profit on the goods and services if it appears, had the contract been completed, that

Contractor would have made a profit on supplying the goods and performing the services; and (2) the

reasonable cost of settling and paying claims resulting from cancellation of subcontracts and orders.

However, CAPCOG's total payment under this Sec.13 may not exceed the total contract price, less

amounts already paid Contractor under this contract, any lawful set-offs against the contract price, and

the contract price for any work not terminated.

Sec. 14. Termination for Breach of Contract 14.1. If CAPCOG or Contractor breaches a material provision of this contract, the other may

notify the breaching party describing the breach and demanding corrective action. The breaching party

has five business days from its receipt of the notice to correct the breach, or to begin and continue with

reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a

reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so,

either party may terminate the contract for breach by notifying the other party of the termination date,

or either party may invoke the dispute resolution process of Sec.11.

14.2. If this contract is terminated for breach under Sec. 14.1, Contractor is entitled to

compensation for goods it provided or services it performed before it received notice of termination.

However, CAPCOG is not liable to Contractor for costs it paid or incurred under this contract after or in

anticipation of its receipt of notice of termination.

14.3. [If CAPCOG terminates this contract for breach under Sec. 14.1, CAPCOG may proceed

against the surety on Contractor's performance bond.]

14.3. Neither termination for breach under Sec.14.1 [nor proceeding against the surety on

Contractor's performance bond under Sec. ] waives CAPCOG's claim for damages resulting from the

breach, and CAPCOG among other remedies may set-off compensation owed Contractor an amount

necessary to satisfy CAPCOG's claim.

Sec. 15. Effect of Termination for Unavailability of Funds, Convenience, or Breach 15.1. The expiration of this contract or it early termination under Sec.12 for unavailability of

funds, Sec.13 for convenience, or Sec.14 for breach does not affect Contractor's obligations:

(l) To defend and indemnify CAPCOG in accordance with Sec. 4;

(2) To preserve its records and permit inspection, copying, and auditing of its records and

visitation of its premises and personnel in accordance with Sec. 5;

(3) To repay CAPCOG for items of cost reimbursed but subsequently disallowed by audit.


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Sec. 16. Notice to Parties 16.1. Notice to be effective under this contract must be in writing and received by the party

against whom it is to operate. Notice is received by a party: (l) when it is delivered to the party

personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return

receipt requested, to the party's address specified in Sec.16.2 and signed for on behalf of the party; or

(3) three business days after its deposit in the United States mail, with first-class postage affixed,

addressed to the party's address specified in Sec.16.2.

16.2. CAPCOG’s address is 6800 Burleson Road, Building 310, Suite 165, Austin, TX 78744,

Attention: Executive Director. Contractor's address is ___________________________.

16.3. A party may change its address by providing notice of the change in accordance with Sec.

16.1.

Sec. 17. Miscellaneous 17.1. The individual signing this contract on behalf of a party warrants that he or she is legally

authorized to do so and that the party is legally authorized to perform the obligations undertaken.

17.2. If attached, Exhibits 1, 2, 3, and 4 are part of this contract.

17.3. This contract states the entire agreement of the parties, and an amendment to it is not

effective unless in writing and signed by all parties.

17.4. This contract is binding on and inures to the benefit of the parties' successors in interest.

17.5. [This contract is performable in Travis County, Texas, and Texas law governs the

interpretation and application of this contract.]

17.6. This contract is executed in duplicate originals.


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PROCUREMENT PROTEST PROCEDURE

Protest in Writing An unsuccessful bidder/offeror/quoter may protest the procurement process by following this

procedure. The protest must be made within five business days of the date the basis of the protest to

the procurement process became known or should have become known to the protester, whichever is

earlier. The protest must be submitted in writing to CAPCOG, to the attention of the contact person,

and identify and be signed by the protester. The protest must identify the bid/proposal/quote or

contract award or both being protested and must specifically describe the basis for the protest,

including, if relevant, the qualifications of the winning bidder/offeror/quoter; the suitability of the

supplies, equipment, or services offered; alleged irregularities in the procurement process; citation to

each law or policy allegedly violated; and all additional, pertinent information regarding the

procurement process.

Action Following Protest Upon receipt of the written protest, CAPCOG shall furnish a copy of the protest to all of the other

bidders/offerors/quoters and suspend the procurement process until the protest is resolved. CAPCOG

shall also suspend award of the contract, or its performance if already awarded, until the protest is

resolved unless (1) there is a bona fide emergency justifying the immediate award or the start of

performance or completion of the contract; or (2) federal or state law requires award or completion of

the contract by a particular date.

Informal Resolution of Protest Upon receipt of the written protest, the contact person shall communicate in writing with the protester

within three business days after receipt and attempt to resolve the protest informally. If the protest

cannot be informally resolved between the contact person and protester within three business days

after the contact person’s first written communication with the protester, the protester may request the

Executive Director to decide the protest. The request must be in writing and be received by the

Executive Director within three business days after the last written communication between the contact

person and protester. The contact person shall summarize the efforts to resolve the protest, and

recommend a decision on the protest, in a memorandum to the Executive Director, which shall be

marked “Confidential – Intragency Memorandum” on each page, and forward the complete

procurement file to the Executive Director.

Decision by Executive Director on Protest Upon receipt of the request, the Executive Director, or her or his designee appointed in writing to act for

the Executive Director on the protest, shall decide the protest. The Executive Director (or designee) shall

review the entire procurement file and may interview CAPCOG employees and communicate in writing

with the protester and others with information about the procurement process and contract award (if

made). The Executive Director shall decide the protest within 10 business days following receipt of the

request. The decision must be in writing, signed by the Executive Director, and a copy of the decision

furnished to the protester and to all of the other bidders/offerors/quoters for the procurement. The

Executive Director’s decision on the protest is final unless the protestor is permitted to appeal to the

Executive Committee’s Procurement Protest Appeal Subcommittee.


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Appeal to Executive Committee’s Appeal Subcommittee The Executive Director may permit appeal of the Executive Director’s decision denying the protest to the

Executive Committee’s Procurement Protest Appeal Subcommittee if the protester requests the appeal

in writing and the request is received by the Executive Director within five business days following the

date of the decision. In deciding whether to permit the appeal, the Executive Director shall consider the

dollar amount of the bid/proposal/quote or contract award and the cost to CAPCOG of delaying the

award or performance of the contract; the protester’s good faith in requesting the appeal; the

seriousness of the alleged violation of CAPCOG’s Procurement Policy or applicable law; the novelty of

the protest; and any other factors relevant to the Executive Director’s decision denying the protest. The

Executive Director’s decision to permit or reject appeal to the Subcommittee must be in writing, made

within five business days following receipt of the protestor’s request, and shall be furnished to the

protester and to all of the other bidders/offerors/quoters for the procurement.

The decision of the Executive Committee’s Procurement Protest Appeal Subcommittee on the appeal is

final unless the protester files suit challenging the decision, in a court of competent jurisdiction in Travis

County, Texas, within 15 business days following the date of the decision.

Action Following Final Decision on Protest If the Executive Director denies the protest, and there is no timely appeal or court challenge, the

procurement process shall resume and the contract awarded or the award confirmed if already made

before the protest was received. If the Executive Director sustains the protest, or the appeal or court

challenge is successful, the Executive Committee shall revoke the contract award (if made), reject all the

bids/proposals/quotes, and solicit new bids/proposals/quotes if in CAPCOG’s best interest.

After the protest is finally resolved, CAPCOG shall notify the grantor agency, if any, of the details of the

protest.