01 RFQ 721-27011 Technical Review Services FINAL.pdf

REQUEST FOR QUALIFICATIONS (RFQ) –

SERVICES RFQ NO.: 721-27011

Technical Review

ISSUED BY:

Procurement and Payment Services

FOR:

The Medical Complex Project

PROCUREMENT OFFICER:

Tyler Steen

E-mail: tyler.steen@austin.utexas.edu

VetHUBs CONTACT: Gary Hampton

Vendor Management Office

E-mail: utvethub-hsp@austin.utexas.edu

QUALIFICATIONS ARE DUE IN THE UNIVERSITY BONFIRE PORTAL SHOWN

BELOW NO LATER THAN:

September 14, 2026 at 2:00pm

UT Bonfire Portal

NOTE: A public opening of responses will not be conducted for this RFQ.

mailto:tyler.steen@austin.utexas.edu mailto:utvethub-hsp@austin.utexas.edu

TABLE OF CONTENTS

Section 1 – Project Overview and Scope of Services

Section 2 – Proposal Evaluation

Section 3 – Instruction to Respondents

Section 4 – Project General Information

Appendix’s (Refer to Bonfire)

SOLICITATION SCHEDULE

The following is the anticipated solicitation schedule including a brief description for milestone dates:

Solicitation Milestone Proposed Date

RFQ Issued August 24, 2026

Pre-Submittal Conference (virtual) August 28, 2026 at 10:00 AM (local time) To join the Meeting:

https://utexas.zoom.us/j/84468430550 Deadline for Questions from Respondents August 31, 2026 at 12:00 PM (local time)

RFQ Proposal Submittal Deadline September 14, 2026 at 2:00 PM (local time)

Short Listed Firms Interview October 5, 2026*

*This is an anticipated date. Schedule may shift depending on the total number of qualifications received.

NOTE: The University reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFQ and posted in the University Bonfire portal for your convenience.

https://utexas.zoom.us/j/84468430550

Section 1 – Project Overview and Scope of Services

1.1 Project Overview

The University of Texas at Austin is pursuing the design and construction of a premier academic medical center and utility plant in North Austin. These projects will be developed in a greenfield site within the UT Pickle Research Campus (PRC), located near Shoal Creek and bound by West Braker Lane to the north, Highway 183 to the west, and the MoPac Expressway to the east. The program consists of an academic medical center along with a central utility plant with installation of the associated central utility district and campus infrastructure.

The UT Dell Medical Center (DMC) project is approximately 2,646,000 gross square feet (BGSF), that includes inpatient care, ambulatory services, cancer care, research, education, and administrative functions within a cohesive campus environment. The project will be delivered in multiple phases with Phase 1 Substantial Completion to occur in Summer 2030. The academic medical center has identified a sustainability goal for LEED for Healthcare Gold certification and facilities to comply with the 2022 FGI guidelines.

The central utility plant is approximately 255,000 gross square feet (BGSF), excluding cooling towers, generator building, storage tanks, and other exterior spaces. The central utility plant is currently designed for 40MW of power generation (normal power), 19,000 Tons chilled water, 82,500 MBH heating hot water, and no steam distribution. The Central Utility Plant will include, but not be limited to, electrical power infrastructure, including microgrid capabilities, thermal energy systems (heating and cooling), emergency and standby power systems, domestic and sanitary utility piping, utility distribution systems for all systems, including underground tunnels, duct banks, piping, and supporting infrastructure. The project may also include thermal energy storage, battery storage, cooling towers, and associated systems typical of central utility plant operations.

1.2 Contract Term

It is anticipated that the contract term for contract(s) award resulting from this solicitation, if any, will be one (2) year with the option to renew for two (2) additional one-year terms if required. Further, University reserves the right to extend the contract term on a month-to-month basis, not to exceed six

(6) months upon the expiration of the initial term and any successive renewal term.

1.3 Background and Special Circumstances

The purpose of this engagement is to provide comprehensive support for technical review cycles and constructability assessments. This team will coordinate closely with the project leaders and design partners to ensure the academic medical center design, specifications and deliverables meet quality, code, guidelines, standards, owner’s requirements, and industry standards.

1.4 Scope of Work, Activities, and Deliverables

UT Austin is seeking to contract with a qualified architectural / engineering firm registered to practice in the State of Texas to assist the UT Austin Technical Review Team in the review of the Project Contract Documents (drawings and specifications) for the project described above, including participation in design

Steen, Tyler @Hawver, Travis I transferred this over from you SOW doc. Please confirm it is accurate.

Hawver, Travis Yes, Looks good.

meetings covering the various scopes or work. Additionally, the Firm will also be expected to assist the respective Designer of Records (DORs) in the development of working project owner design guides, standards, and specifications. Firm shall have proven experience and technical expertise, including codes and regulations, in the field of healthcare design, utility plants and construction. Due to the abbreviated timeline for completion of Phase 1, Respondents must demonstrate the ability to provide reviews in a timely manner for the following disciplines including, but not limited to:

• Civil / Site

• Architecture

• Interior Design

• Mechanical, Plumbing, and Electrical

• Structural

• Fire Protection and Life Safety Compliance

• Architectural Acoustics, Building System Noise and Vibration Control

• Hospital Equipment

• Food Service

• Building Envelope

• Tunnels and Waterproofing

• Elevators

Reviews shall be conducted for each phase of design (schematic, design development, and construction document) by the same team members to ensure continuity of knowledge and familiarity with the project. In addition to formal reviews, services shall include meetings to discuss design options prior to formal submittals and comments from the technical review team. All documents shall be reviewed for accuracy and coordination, and conformance with UT Design and Construction Standards and applicable adopted codes and standards applicable to the project. Design criteria and project specific specifications will be developed by the design teams as the project progresses through the design development phase.

1.4.1 Firm will be provided with access to electronic files and documents to be used for the project reviews, list of applicable codes, existing design criteria, and applicable technical specifications.

• Task: After the firm receives the submittal for the phase of work, review all documents included in the package for accuracy, coordination, and conformance with UT Design and Construction Standards and applicable UT adopted Codes. Develop comments to address concerns, deficiencies, or questions raised during the review of documents.

• Connect: During the review period, the firm will be required to give a weekly report consisting of review progress, and question/answer session to facilitate the review process and avoid assumptions that may delay the process and deliverables.

• Deliverable: The technical review and comment workflow is still being finalized but will likely include making comments to the design documents within Bluebeam (or similar tool) and preparing a report in a format provided by UT Austin.

1.5 Schedule and Milestones

Project review cycles are anticipated to last for approximately 24 months and will include both complete design packages and early enabling design packages. The Firm should anticipate multiple packages broken down into specific project areas and multiple simultaneous packages at times. Estimated dates for document reviews are:

UT Dell Medical Center:

• Early enabling packages – October 2026, January 2027, May 2027

• SD: 50% - October 2026, 100% - December 2026

• DD: 50% - March 2027, 100% - June 2027

• CD: 50% - November 2027, 100% - April 2028

Central Utility Plant and Infrastructure:

• Early enabling packages – October 2026, November 2026, March 2027

• SD: 100% - October 2026

• DD: 100% - April 2027

• CD: 50% - July 2027, 100% - December 2027

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Section 2 – Proposal Evaluation

2.1 General Selection

The successful Respondent, if any, selected by University through this solicitation will be the Respondent that submits a response on or before the Submittal Deadline that meets or exceeds the requirements of this solicitation and is the most advantageous to University.

The evaluation of responses and the selection of Contractor will be based on the information provided in the response and other information available to University. University may consider additional information if University determines the information is relevant.

In accordance with the Texas Education Code (Sections 51.9335, 73.115 and 74.008), the University may acquire goods or services by the method that provides the best value to the University of Texas at Austin.

All information requested by University should relate to one of the referenced criteria noted in the Texas Education Code.

2.2 Evaluation Criteria

An Evaluation Committee (“Committee”) will review all responses to determine which Respondent have qualified for consideration according to the criteria stated herein. The Committee’s evaluations will be based on all available information, including qualification statements, subsequent interviews, if necessary, reports, discussions, reference checks, and other appropriate checks. The highest rated Respondent(s) evaluated by the Committee may be invited to make an oral presentation of their written proposal to the Committee.

Qualifications will be evaluated using the following criteria:

Criteria Scored Criteria Weight Respondent’s Statement of Qualifications and Availability to Undertake the Services 10%

Project Team’s Ability to Provide Relevant Services 20%

Respondent’s Performance on Past Representative Projects 15%

Respondent’s Management Procedures and Methods 15%

Respondent’s Experience and Approach to Forward Looking Strategies and Designs

25%

Respondent’s Ability to Identify and Resolve Problems on Past Projects 15%

Total Points 100 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.73.htm#73.115 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.74.htm#74.008

2.3 Advancement Criteria

The University, at its sole discretion, may determine a competitive range for shortlist including the use of interviews and/or presentations. The University may enter into negotiations with shortlisted vendors under the RFQ and proceed with multiple awards.

2.4 Eligibility for Award

For a Respondent to be eligible to be awarded the contract, the response must be responsive to the solicitation and the University must be able to determine that the Respondent is responsible and has the resources and capacity to perform the resulting contract satisfactorily. Responsive responses are those that comply with all material aspects of the solicitation, conform to the solicitation documents, and meet the requirements set forth in this solicitation. Responses, which do not comply with all the terms and conditions of this solicitation, may be rejected as non-responsive.

When considering “most qualified” and award, the University reserves the right to set a minimum score requirement regarding the non-cost evaluation criteria listed in the table above.

2.5 Responsible Respondent

Responsible proposers, at a minimum, must meet the following requirements:

2.5.1 Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract.

2.5.2 Be able to comply with the required performance schedule, taking into consideration all existing business commitments.

2.5.3 Have a satisfactory record of past performance.

2.5.4 Have the necessary personnel and management capability to perform any resulting contract.

2.5.5 Be qualified as an established firm regularly engaged in the type of business necessary to fulfill the resulting contract requirements.

2.5.6 Certify that the firm is not delinquent in any tax owed to the State of Texas under Chapter 171, Tax Code.

2.5.7 Be otherwise qualified and eligible to receive an award under applicable laws and regulations;

and

Respondent(s) may be requested to submit additional written evidence verifying that the firm meets the minimum requirements described above and as necessary, to perform the requirements of the solicitation and be determined a responsible respondent. Failure to provide any requested additional information may result in the respondent being declared non-responsive and the proposal being rejected.

A person is not eligible to be considered for award of this solicitation or any resulting contract or to be a subcontractor of the respondent or prime contractor if the person assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that person or a prime contractor an unfair advantage over other proposers.

Only individual firms or lawfully formed business organizations may apply. This does not preclude a Respondent from using subcontractors or contractors. University will contract only with the individual firm or formal organization that submits a response to this RFQ.

In the event that only one (1) Proposal Response is received in reply to this RFQ or only one (1) Response passes the Initial Responsiveness Screening, the University will review the Response for compliance with specifications, identify any areas of non-compliance, and if applicable, identify questions that need to be asked of the Respondent to clarify the Response. The Response must meet all required technical specifications.

Section 3 – Instruction to Respondents

3.1 General Instructions

3.1.1 Respondent(s) should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

3.1.2 Responses and any other information submitted by Respondent in response to this solicitation shall become the property of University.

3.1.3 University will not provide compensation to Respondent(s) for any expenses incurred by the

Respondent(s) for response preparation or for any demonstrations that may be made, unless otherwise expressly stated. Respondent(s) submit responses at their own risk and expense.

3.1.4 Responses, which are qualified with conditional clauses, or alterations, or items, not called for in the solicitation documents, or irregularities of any kind are subject to disqualification by University, at its option.

3.1.5 Each response should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this solicitation. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of University needs.

3.1.6 University makes no guarantee that an award will be made as a result of this solicitation and reserves the right to accept or reject any or all responses, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this solicitation or resulting Agreement when deemed to be in University’s best interest. Representations made within the response will be binding on responding firms. University will not be bound to act by any previous communication or response submitted by the firms other than this solicitation.

3.1.7 Respondents wishing to submit a “No-Response” are requested to return the first page of the Execution of Offer (ref. APPENDIX ONE). The returned form should indicate your company's name and include the words “No-Response” in the Comment section of the table provided.

3.1.8 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal.

3.2 Preparation and Submittal Instructions

All APPENDIXs noted are to be properly completed and submitted with response. Signature by an authorized officer of Respondent must appear on the Execution of Offer (ref. APPENDIX ONE) of the submitted electronic copy of the response.

3.3 Document Format and Content

3.3.1 Proposal must be signed by Respondent’s company official(s) authorized to commit such proposal on behalf of the Respondent. Failure to sign and return these forms may subject your proposal to disqualification.

3.3.2 Response to this solicitation must include a response to the requirements set forth above.

3.3.3 Responses must be typed on letter-size (8-1/2” x 11”) paper. University requests that qualifications be submitted in an organized electronic fashion resembling a binder format to include section tabs as further defined below. Preprinted electronic material should be referenced in the proposal and included as labeled APPENDIXs. Sections should be divided in a simple to follow manner for ease of reference.

3.3.4 Responses shall be submitted to the University via the official sourcing portal noted in the solicitation announcement and on the first page of this Solicitation. Electronic response files should clearly indicate the company name on the file. Respondents shall upload files individually and not upload folders. Any questions regarding the submittal process shall be submitted to the Procurement Contracting Officer of record as noted on the project detail page in advance before the Submittal Deadline.

3.3.5 Respondent must submit all material identified in the submittal instructions electronically in responding to the solicitation as individual and separate documents.

3.3.6 The solicitation response must be received electronically via the sourcing portal prior to the due date listed in the events schedule on the project details page of this solicitation (as amended). The responses will be time, dated, and secured for the solicitation opening. Responses are held until the submission date. Any Response received after the specified time and date noted on the project details page will not be considered under any circumstance.

3.3.7 University shall not be responsible for failure of electronic equipment or operator error. Late or otherwise non-responsive responses will not be considered.

3.3.8 Telephone, Facsimile (“FAX”) or electronic mail (email) qualifications are not acceptable when in response to this solicitation.

3.4 Respondent’s Response

General: Your Response should clearly define (i) Respondent’s total capacity and capabilities, (ii) Respondent’s qualifications to perform the work as outlined in this Solicitation, (iii) Respondent’s ability to perform the services outlined in the Scope of Services, At a minimum, your Technical Response shall include the following:

3.4.1 Cover letter

The cover letter shall not exceed 1 page in length, summarizing key points in the response, and shall briefly furnish background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation, corporate charter number), number and location of offices, location of company headquarters/main office, total number of employees’ company-wide and total number of employees in the State of Texas, and principal lines of business.

Certify that the firm is legally permitted or licensed to conduct business in the State of Texas for the services offered.

Only lawfully formed business organizations may apply. University will contract only with the individual firm or formal organization that submits a response to this RFQ.

3.4.2 Respondents’ Statement of Qualifications and Availability to Undertake the Services

3.4.2.1 Provide a statement of interest for the services including a narrative describing the qualifications as they pertain to this particular solicitation for the Respondent.

3.4.2.2 Provide a statement on the availability and commitment of the Respondent and its principal(s) and the assigned professionals to undertake the services proposed in this solicitation.

3.4.2.3 Provide a brief history of the Respondent who will undertake the services proposed in this solicitation.

3.4.2.4 Describe the Respondent’s proposed team, identifying members of the Firm proposed for this solicitation.

3.4.3 Project Team’s Ability to Provide Relevant Services

3.4.3.1 The Respondent’s ability to provide services relevant to this solicitation will be evaluated on the basis of the experience and success of those individuals named to your project team regardless of the firm with whom the individual was associated when the submitted experience was conducted. Current capabilities of the team will be evaluated on the basis of the experience and capacity (current workload and availability) of the individuals assigned.

State of Texas registration of key team involved in project will be required wherever applicable.

3.4.3.1.1 Identification of the single point of contact for the Professional Services team.

3.4.3.1.2 Identification of key personnel to be assigned to the project.

3.4.3.1.3 Organizational chart illustrating names, titles, and roles for key participants proposed by the Professional Services firm.

3.4.3.1.4 Resumes for each key individual on the team and definition of that person's role in each stage of the strategic planning. Include their experience with similar projects, the number of years with the firm, and their city of residence.

3.4.3.1.5 No substitutions of any team members may be made without prior approval by the University. Specific individuals for the prime proposed by Respondent are expected to be submitted as part of the planning team, should the Respondent be selected.

3.4.3.2 Clearly identify the members of the proposed team who worked on the listed projects in

Criteria 3.4.4 and describe their roles in those projects

3.4.4 Respondent’s Performance on Past Representative Projects List a minimum of three (3) projects for which the Respondent has provided services that are most related to this solicitation. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

• Project name and location.

• Project description.

• Project owner, including complete contact information.

• Size of the planning project, in gross square feet.

• Length of time required from inception of the effort to completion of the portion of the work relevant to the scope of this solicitation.

• Description of Respondent’s contracted responsibility for the project (prime professional, joint venture).

• Describe the professional services the Respondent provided for the project.

• Describe how the project is similar and why the services provided are most relevant to the project described in this solicitation.

• Describe novel approaches by the Respondent in orchestrating the planning study and/or providing deliverables which are most relevant to the project described in this solicitation.

• Representative of the Respondent responsible for coordinating the portion of the work most relevant to the project described in this solicitation.

• Indicate whether the project included creation of a website or similar digital model.

Describe the Respondent’s role in creating and maintaining the website during the project.

Provide a link to the website, if available.

• References (for each project listed identify the following):

o The Owner’s representative who served as the day-to-day liaison during the phase of the project most relevant to the project described in this solicitation, including a contact phone number.

• Length of business relationship with the project Owner.

References shall be considered relevant based on the specific project participation and experience of the Respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFQ process.

3.4.5 Respondent’s Management Procedures and Methods

3.4.5.1 Management Procedures and Methods: will be evaluated based on processes and procedures demonstrated relative to scope of work required by this solicitation.

3.4.5.2 State briefly what Respondent believes to be the most pertinent considerations and challenges that must be addressed in projects of this type.

3.4.5.3 Methods of team organization and communication - Discuss how Respondent will coordinate the scope of work to be provided under this solicitation; Need Analysis - Identification and Analysis of Current and Projected Statistics and Need, Space Analysis, Be specific with regard to internal and external communications, quality control and responsible individuals, including their location (e.g., on-site or specific office).

3.4.5.4 Discuss how Respondent is likely to communicate information including; data analysis, constraints, planning concepts, and alternatives developed as part of this solicitation via a computer-based, digital method, or some other method.

3.4.5.5 Please address how the Respondent will be able to respond quickly as issues arise during the project. If local representatives in Austin or Texas are being proposed, please identify.

3.4.6 Respondent’s Experience and Approach to Forward Looking Strategies and Designs

3.4.6.1 Describe Respondent’s approach to future-backwards strategies and designs, beginning with desired future state many years out and likely future available solutions, rather than beginning with what exists today and what current best practices are.

3.4.6.2 Describe proposed project team’s experience with similar projects for similar institutions and with similar future orientation.

3.4.6.3 Provide examples of specific forward-looking designs from prior similar projects.

3.4.7 Respondent’s Ability to Identify and Resolve Problems on Past Projects

3.4.7.1 Describe Respondent’s understanding of the administrative challenges and opportunities associated with providing professional services to the University of Texas at Austin, and proposed strategies for resolving these issues.

3.4.7.2 Describe proposed project team’s experience with similar projects for similar institutions.

3.4.7.3 For any combination of a minimum of three (3) projects listed in response to Criteria 3.4.4 describe any conflicts with the Owner and describe the methods used to resolve those conflicts.

3.5 Respondent’s Required APPENDIXs (Pass/Fail)

3.5.1 Respondent’s Proposal, addressing responses to questions in Section 3 – Instructions to Respondents

3.5.2 Signed and Completed Execution of Offer (ref. APPENDIX ONE)

3.5.3 Response to Contract Terms and Conditions, provide list of exceptions or redlines (ref.

APPENDIX TWO)

3.5.4 Submitted VetHUB SP (VetHUB Subcontracting Plan) (ref. APPENDIX THREE)

3.5.5 Access by Individuals with Disabilities (ref. APPENDIX FOUR)

3.6 Respondent’s Financial & Disclosure Requirements

3.6.1 Respondent shall provide a copy of its financial statements for the past two (2) years, if requested by University.

3.6.2 Respondent shall provide a financial rating of the Respondent entity and any related documentation (such as a Dunn and Bradstreet analysis) that indicates the financial stability of Respondent.

3.6.3 Respondent shall confirm if they are currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, Respondent shall explain the expected impact, both in organizational and directional terms.

3.6.4 Respondent shall provide any details of all past or pending litigation or claims filed against Respondent that would affect its performance under the Agreement with University (if any).

3.6.5 Respondent shall confirm if currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, Respondent will specify the pertinent date(s), details, circumstances, and describe the current prospects for resolution.

3.6.6 Respondent shall confirm any relationship exist (whether by family kinship, business association, capital funding agreement, or any other such relationship) between Respondent and any employee of University. If yes, Respondent shall explain.

3.6.7 Respondent shall disclose the name of any and all individuals who own 25% of the Respondent entity. This disclosure is mandatory pursuant to §231.006, Family Code, and will be used for the purpose of determining whether an owner of Respondent with an ownership interest of at least 25% is more than 30 days delinquent in paying child support.

3.6.8 Further disclosure of this information is governed by the Texas Public Information Act (ref. Chapter 552, Government Code), and other applicable law.

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Section 4 – Project General Information

RESPONDENT(S) ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS

DIRECTED.

4.1 Overview

The University is seeking responses from qualified firms in accordance with the terms, conditions, and requirements set forth in this solicitation. Qualified Respondents are invited to submit a written response outlining qualifications and willingness to provide the services described in the Scope of Services, and in accordance with the terms, conditions and requirements set forth in the solicitation. The solicitation provides sufficient information for interested parties to prepare and submit responses for consideration by University.

By submitting a response, Respondent certifies that it understands the solicitation and has full knowledge of the scope, nature, quality, and quantity of services to be performed, the detailed requirements of services to be provided, and the conditions under which services are to be performed. Respondent will provide Services in accordance with all applicable law regulations, and professional standards.

University reserves the right to make single, multiple or no award for the services described herein and as deemed in its own best interest.

All applicable APPENDIXs contained in the solicitation shall be completed. Failure to do so may result in the Respondents response or submittal being declared non-responsive to the solicitation requirements.

Any exceptions taken to the terms of the solicitation, including the proposed contract terms must be specific.

Where exceptions are taken, University shall determine the acceptability of the proposed exceptions.

All exceptions shall be referenced by utilizing the corresponding section, paragraph and page number in the solicitation and APPENDIX TWO.

4.1 Veteran Heroes United in Business (VetHUB)

All agencies of the State of Texas are required to make a good faith effort to veteran heroes united in business (VetHUBs) in receiving contract awards. The goal of the VetHUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the VetHUB program, if under the terms of any agreement or contractual arrangements resulting from this solicitation, contractor subcontracts and Work, then Contractor must make a good faith effort to utilize VetHUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Responses that fail to comply with the requirements contained in this Section will constitute a material failure to comply with advertised specifications and may be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this solicitation. Respondent acknowledges that, if selected by University, its obligation to make a good faith effort to utilize VetHUBs when subcontracting any Work will continue throughout the term of all agreements and contractual arrangements resulting from this solicitation. Furthermore, any subcontracting of Work by the Respondent is subject to review by University to ensure compliance with the VetHUB Program.

4.1.1 Statement of Probability: University has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, an VetHUB SP is required as a part of the Respondent’s response.

4.1.2 Respondents must complete and submit the SP via Bonfire in accordance with the Terms and Conditions of this solicitation. Refer to APPENDIX THREE for instructions on how to access the VETHUB SP. Respondents that fail to submit the VETHUB SP may be considered non-responsive to this solicitation as required by 2161.252, Government Code.

Questions regarding this VetHUB SP may be directed to:

Contact: Vendor Management Office

Email: utvethub-hsp@austin.utexas.edu

4.1.3 Respondent will be expected to make a good faith effort when filling out the VetHUB Subcontracting Plan.

4.1.4 All modifications to the VetHUB SP must be made via email. Contractors may proceed with any changes in scope or subcontractors only when the change request has been approved by the Vendor Management Office.

4.1.5 At the same time Respondent submits its response (no later than the Submittal Deadline (ref. Project Detail Page). University will review Respondent’s VetHUB prior to opening the response to confirm Respondent submitted the VetHUB SP. Respondent’s failure to submit the VetHUB SP will result in University’s reject of the response as non-responsive due to material failure to comply with advertised specifications.

4.1.6 University may offer Respondent an opportunity to seek informal review of its draft

VetHUB SP by University’s Vendor Management Office before the Submittal Deadline. A cursory review is designed to help address questions Respondent may have about how to complete its VetHUB SP properly. Concurrence or comment on Respondent’s draft VetHUB SP by University will not constitute formal approval of the VetHUB SP and will not eliminate the need for Respondent to submit its final VetHUB SP to University.

4.2 Public Information

Respondent is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

University may seek to protect from disclosure all information submitted in response to this RFQ until such time as a final agreement is executed.

mailto:utvethub-hsp@austin.utexas.edu

Upon execution of a final agreement, University will consider all information, documentation, and other materials requested to be submitted in response to this solicitation, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (ref. Chapter 552, Government Code). Respondents will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.104, 552.110, 552.113, and 552.131, Government Code.

4.3 University Contact

Any questions or concerns regarding this solicitation shall be directed to the Procurement Officer listed on the detail page. University specifically requests that Respondent restrict all contact and questions regarding this solicitation to the Procurement Officer. The Procurement Officer must receive all questions or concerns no later than the date and time listed in the Solicitation Schedule.

4.4 Questions, Inquiries, and Interpretations

Responses to questions or inquiries, which directly affect an interpretation or change to this solicitation, will be issued in writing by addendum (amendment) and all addenda will be posted in the University Bonfire portal (see page 1). All such addenda issued by University prior to the time that responses are received shall be considered part of the solicitation, and the Respondent shall be required to consider and by submitting a response to the solicitation, acknowledges receipt and understanding of all addenda in their response.

Questions submitted will be answered at the sole discretion of the University, who reserves the right to decline to respond to any question.

Only those University replies to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarification will be without legal effect.

4.5 Commitment

The respondent understands and agrees that this solicitation and any resulting agreement is issued predicated on anticipated requirements for the materials or services described herein and that University has made no representation, guarantee, or commitment with respect to any specific quantity of or dollar value to be furnished under any resulting agreement. Further Respondent recognizes and understands that any cost borne by the Respondent, which arises from Respondent’s performance under any resulting agreement, shall be at the sole risk and responsibility of Respondent.

4.6 Acquisition from other Sources

University reserves the right and may, from time to time as required by University’s operational needs, acquire services of equal type and kind from other sources during the term of the agreement without invalidating in whole or in part, the agreement or any rights or remedies University may have hereunder.

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4.7 Obligation and Waivers

THIS IS A SOLICITATION FOR RESPONSES AND IS NOT A CONTRACT OR AN OFFER TO CONTRACT.

A PROPERLY COMPLETED VENDOR APPLICATION IS REQUIRED AND IS A CONDITON OF A

CONTRACT AWARD.

THIS SOLICITATION DOES NOT OBLIGATE UNIVERSITY TO AWARD A CONTRACT OR PAY ANY

COSTS INCURRED BY THE RESPONDENT IN THE PREPARATION AND SUBMITTAL OF A RESPONSE.

UNIVERSITY, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO ACCEPT ANY RESPONSE AND/OR

REJECT ANY AND ALL RESPONSE OR A PART OF RESPONSE, WITHOUT REASON OR CAUSE,

SUBMITTED IN RESPONSE TO THIS SOLICITATION.

UNIVERSITY RESERVES THE RIGHT TO REJECT ANY NON-RESPONSIVE OR CONDITIONAL

RESPONSE. UNIVERSITY RESERVES THE RIGHT TO WAIVE ANY INFORMALITIES, IRREGULARITIES

AND/OR TECHNICALITIES IN THIS SOLICITATION, THE RESPONSE DOCUMENTS AND / OR

RESPONSES RECEIVED OR SUBMITTED.

BY SUBMITTING A RESPONSE , RESPONDENT AGREES TO WAIVE ANY CLAIM IT HAS, OR MAY

HAVE, AGAINST UNIVERSITY AND ITS BOARD OF REGENTS OR AGENTS ARISING OUT OF OR IN

CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION OR RECOMMENDATIONS OF ANY

RESPONSE; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, RESPONSE PACKAGE, OR

RELATED DOCUMENTS; (3) THE REJECTION OF ANY RESPONSE OR ANY PART OF ANY RESPONSE;

AND/OR (4) THE AWARD OF A CONTRACT, IF ANY.

UNIVERSITY RESERVES THE RIGHT TO WITHDRAW THIS SOLICITATION AT ANY TIME FOR ANY

REASON; REMOVE ANY SCOPE COMPONENT FOR ANY REASON AND TO ISSUE SUCH

CLARIFICATIONS, MODIFICATIONS AND/OR AMENDMENTS AS DEEMED APPROPRIATE.

UNIVERSITY RESERVES THE RIGHT TO NEGOTIATE TERMS AND CONDITIONS INCLUDING SCOPE,

STAFFING LEVELS, AND FEES WITH THE HIGHEST RANKED RESPONDER OFFERING THE BEST

VALUE. IF AGREEMENT CANNOT BE REACHED WITH THE HIGHEST RANKED RESPONDER,

UNIVERSITY RESERVES THE RIGHT TO NEGOTIATE WITH THE NEXT HIGHEST RANKED

RESPONDER AND SO ON UNTIL AGREEMEMENT IS REACHED. WHEN AN AGREEMENT IS

REACHED, UNIVERSITY WILL SUBMIT ITS RECOMMENDATIONS TO THE ADMINISTRATION FOR

APPROVAL AND AWARD OF THE CONTRACT.

UNIVERSITY IS AN EQUAL OPPORTUNITY/EDUCATIONAL INSTITUTION, WHICH DOES NOT

DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, PREGNANCY, AGE, DISABILITY, CITIZENSHIP, VERTERAN STATUS AND GENETIC INFORMATION.

4.8 Contract Award

Award of a contract, if awarded, will be made to the Respondent who (a) submits a responsive response; (b) is a responsible respondent; and (c) offers the best value to University, other factors considered.

4.9 Award Authority

A responsive response and a responsible Respondent are those that meet the requirements of and are as described in this solicitation. University may award a contract, based on initial responses received, without discussion of such response. Accordingly, each initial response should be submitted on the most favorable terms. An award under this Solicitation, and the resulting contract, if any, may require approval by UT System Board of Regents.

4.10 Type of Agreement

Contractors, if any, will be required to enter into a contract with University in the form that (i) includes terms and conditions substantially similar to the terms and conditions set forth in APPENDIX TWO, and (ii) is otherwise acceptable to University in all respects (Agreement).

4.11 Evaluation Process

University will select Contractor by using the competitive process described in this Section. Any response that is not submitted by the Submittal Deadline or that is not accompanied by the required number of completed and signed originals of the VetHUB SP may be rejected by University as non-responsive. (ref. Section 4.1). Upon completion of the initial review and evaluation of responses, University may invite one or more selected Respondents to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a response prior to selection of Contractor.

4.12 Acceptance of Solicitation Terms

Respondent (1) accepts [a] Solicitation Evaluation Process (ref. Section 2), [b] Criteria for Selection (ref. Section 3), [c] Respondent’s response (ref. Section 3, [d] terms and conditions of the Agreement (ref. APPENDIX TWO), and [e] all other requirements and specifications set forth in this solicitation; and (2) acknowledges that some subjective judgments must be made by University during this solicitation process.

4.13 Postponement of Solicitation Due Date/Time

Notwithstanding the date/time for receipt of responses established in this solicitation, the date and time established herein for receiving responses may be postponed solely at University’s discretion.

4.14 Oral Presentations

During the process of selecting a company to provide the required services, oral presentations may or may not be held. Each Respondent should be prepared to make a presentation to University. The presentations must show that the Respondent clearly understands the requirements of the solicitation and has a strategic plan and approach to complete the work.

4.15 Appropriated Funds

The purchase of a service or product, which arises from this solicitation, is contingent upon the availability of appropriated funds. University shall have the right to terminate the resulting contract at the end of the current or each succeeding fiscal year if funds are not appropriated by the University for the next fiscal year that would permit continuation of the resulting contract. If funds are withdrawn or are not available, the University reserves the right to terminate the resulting contract by giving the selected contractor a thirty (30) day written notice of its intention to terminate without penalty or any further obligations on the part of University or the contractor. Upon termination of the contract, the University shall not be responsible for any payment of any service or product received that occurs after the end of the current contract period or the effective date of termination, whichever is the earlier to occur. University fiscal year begins on September 1 and ends on August 31.

4.16 Ethics Conduct

Any direct or indirect actions taken to unduly influence competitive purposes, to circumvent equal consideration for competitive Respondents, or to disregard ethical and legal trade practices will disqualify vendors and contractors from current and future consideration for participation in University orders and contracts.

4.17 No Third-Party Rights

The resulting contract shall be made for the sole benefit of the University and the contractor and their respective successors and permitted assigns. Nothing in the resulting contract shall create or be deemed to create a relationship between the Parties to the contract and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary.

4.18 Withdrawal or Modification

No response may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension.

However, a response may be withdrawn and resubmitted any time prior to the time set for receipt of qualifications. No response may be withdrawn after the submittal deadline without approval by the University, which shall be based on the Respondent’s submittal, in writing, of a reason acceptable to University.

4.19 Validity Period

Responses are to be valid for University acceptance for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Responses, if accepted, shall remain valid for the life of the Agreement.

4.20 Terms and Conditions

Respondents must comply with the requirements and specifications contained in this solicitation, including the Terms and Conditions (ref. APPENDIX TWO). If there is a conflict among the provisions in this solicitation, the provision requiring Respondent to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence: 1) University Terms and Conditions, 2) University referenced solicitation including all amendments issued by University, 3) the solicitation response as accepted and awarded by University.

Respondent may offer for University's consideration alternate provisions to the Terms and Conditions. Alternates proposed must refer to the specific article(s) or section(s) concerned.

General exceptions such as “company standard sales terms apply" or "will negotiate" are not acceptable.

Respondent’s exceptions will be reviewed by University and may result in disqualification of Respondent’s response as non-responsive to this solicitation. If Respondent’s exceptions do not result in disqualification of Respondent’s response, then University may consider Respondent’s exceptions when University evaluates the Respondent’s responses.

Respondent’s silence as to the terms and conditions shall be construed as an Indication of complete acceptance of these conditions as written.

The University shall not agree to any exceptions taken to the following terms and conditions for use of a proposed solution under the resulting contract:

4.20.1 Arbitration.

4.20.2 Limit of Liability.

4.20.3 Indemnification by University.

4.20.4 Wavier of class action by University.

4.20.5 Agree to personal jurisdiction or subject matter jurisdiction.

4.20.6 Any law other than Texas law.

4.20.7 Use of University Logos, except with written permission.

4.20.8 Cannot monetize or sell any data or use University data to train Artificial

Intelligence

4.20.9 Mediation; and

4.20.10 Waiver of trial by jury

4.21 Submission Waiver

By submitting a response to this Solicitation, the Offeror or respondent agrees to waive any claim it has or may have against The University of Texas at Austin and The University of Texas System and its Regents, employees or agents arising out of or in connection with (1) the Administration, evaluation or recommendation of any offer or response; (2) any requirements under the solicitation, the solicitation or response package or related documents; (3) the rejection of any offer or any response or any part of any offer or response; and/or (4) the award of a contract, if any.

4.22 Indemnification

Contractor shall indemnify, pay for the defense of, and hold harmless The University and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of Contractor’s negligence, recklessness, or willful acts and/or omission in rendering any services hereunder. Contractor shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, Workers' Compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning Contractor or any employee and shall further indemnify, pay for the defense of, and hold harmless the College of and from any such payment or liability arising out of or in any manner connected with Contractor’s performance under this Agreement.

4.23 Payment Terms

Section 51.012, Education Code, authorizes University to make payments through electronic funds transfer methods. Respondent agrees to accept payments from University through those methods, including the automated clearing house system (ACH). Respondent agrees to provide Respondent’s banking information to University in writing on Respondent letterhead signed by an authorized representative of Respondent. Prior to the first payment, the University will confirm Respondent’s banking information. Changes to Respondent’s bank information must be communicated to University in writing at least thirty (30) days before the effective date of the change and must include an IRS Form W-9 signed by an authorized representative of Respondent.

University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with §151.309, Tax Code, and Title 34 TAC §3.322.