Texas Department of Criminal Justice Contracts and Procurement

Two Financial Plaza, Suite 703 Huntsville, Texas 77340

REQUEST FOR QUALIFICATIONS

FOR CONSTRUCTION MANAGER-AT-RISK

FOR

Murray Unit – Install HVAC in Inmate Housing

RFQ # 696-FD-26-Q037

Dated: 07/13/2026

Request for Qualifications and Subcontracting Plan Due Date: 08/18/2026 @ 3:00 PM CT

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TABLE OF CONTENTS

Section I General

Section II Project Description

Section III Scope of Work

Section IV Submittal Information

Attachment A Execution of Submittal

Attachment B Construction Manager-at-Risk Response Form

Attachment C Contractor’s Qualification Form

Attachment D Subcontracting Plan

Attachment E TDCJ Master Plan

Attachment F Non-Collusion Affidavit

Attachment G Construction Manager-at-Risk Service Contract Template (including

Exhibits)

Attachment H RFQ Checklist

Attachment I Pre-Submittal Conferences Schedule

Attachment J General Conditions Pricing Breakdown

Attachment K Unit Rules and Regulations

Attachment L Subcontracting Disciplines and Accompanying NIGP Codes

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REQUEST FOR QUALIFICATIONS

Construction Manager-at-Risk for

Murray Unit – Install HVAC in Inmate Housing Facility RFQ #: 696-FD-26-Q037

SECTION I

GENERAL

1. SCOPE: In accordance with the provisions of Texas Government Code (Tex. Gov’t Code), Chapter

2269.253, Subchapter F, Construction Manager-at-Risk (CM@R) Method, and Rules and Procedures adopted by the Texas Department of Criminal Justice (TDCJ), the TDCJ is requesting qualifications for a Construction Manager-at-Risk (CM@R) to provide pre-construction, construction, and post-construction Services during: the planning and design, construction, construction management, closeout, and warranty phases for the Murray Install HVAC in Inmate Housing Project, hereinafter described as (the Project). This Project shall be administered by the TDCJ. This procurement shall be a Two-Step award process with a two-part work requirement.

1.1 Step One: Submission of Qualifications: In Step One of the Request for Qualifications

(RFQ), the Respondents submit their company experience and qualifications, focusing on projects of similar size and type as the Project. The TDCJ shall evaluate the submissions for experience and qualifications as set forth in Section IV, Submittal Information. The TDCJ shall have a public opening of the RFQ’s received and read aloud the names of Respondents.

1.2 Step Two: Submission of Responses: The TDCJ shall select from Step One up to five of the highest ranked Respondents and ask them to provide pricing. The TDCJ shall have a public opening and read aloud the fees and prices stated in each response.

1.3 Public openings for Step One and Step Two shall be held via Microsoft Teams. Registration is mandatory to attend the virtual openings. Contact the Contract Specialist, Richard Daniel, at Richard.Daniel@tdcj.texas.gov to register. The Microsoft Teams invitations shall be sent one day prior to each Public Opening date.

2. ESTIMATED COST OF WORK: For consideration of this RFQ, the construction budget and

Guaranteed Maximum Price (GMP) for the "Cost of Work" is $15,434,179.00, which includes any Pre-Construction Management fees, Construction Management fees, and Construction General Conditions.

3. CONTRACT TERM: Construction shall commence within 10 calendar days after the Notice to Proceed for Construction is issued. Based on the Project information presented in this RFQ, it is anticipated that the Contract term shall be 33 months: 9 months for pre-construction and 24 months for construction. This range of time shall be used to propose a monthly not-to-exceed General Conditions Fee rate for Step Two of this RFQ. The CM@R should always be aware that this is a TDCJ correctional facility and conduct the Project in accordance with the TDCJ Unit Rules and Regulations, Attachment K. Special planning and coordination with the Unit shall be critical to ensure it operates safely without disrupting its day-to-day activities.

This RFQ is contingent upon the continued availability of funding. If funds become unavailable to the TDCJ through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the CM@R Service Contract (Contract) shall apply.

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4. DEFINITIONS:

Addendum: A modification of the specifications issued by the TDCJ.

Amendment: A written or graphic modification and/or interpretations of the Construction Documents that may add to, delete from, clarify or correct the description, Scope of Work and/or the Specifications. Amendments are issued during the proposal phase of the project

Construction Manager-at-Risk (CM@R): In accordance with Tex. Gov’t Code, Ch. 2169.251, means a construction manager-at-risk is a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a General Contractor and provides consultation to the TDCJ regarding construction during and after the design of the facility.

Contract Term: The Contract Term is the total number of days within which the Contractor shall commence and complete the Work to be performed, as originally contracted for, or as subsequently adjusted by Change Order. The Contract Term shall begin on the day designated in the Notice to Proceed.

Guaranteed Maximum Price (GMP): The maximum sum that TDCJ shall be responsible to pay for the completion of the Project.

General Conditions: Texas Government Code (Tex. Gov’t Code) 2269.001(4) defines General Conditions as “General Conditions” in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means on-site management, administrative personnel, insurance, bonds, equipment, utilities, and incidental work, including minor field labor and materials.

Good Faith Effort: In respect to the Subcontracting Plan, effort required by Respondent when completing the Subcontracting Plan, Attachment D, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs: (a) meeting the stated TDCJ goal for subcontracted needs, (b) performing a “good faith effort” of soliciting bids for each subcontracting opportunity, and allowing seven business days for responses, (c) utilizing a Self-Performing Contract (performing all work with own materials and labor), or (d) utilizing a Mentor Protégé relationship a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. A listing of Mentor Protégé agreements can be found at:

https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/.

Project Manager: The individual designated by the TDCJ authorized to represent TDCJ during the performance of the Contract.

Subcontracting Plan: The Subcontracting Plan required by Tex. Gov’t Code, Ch. 2161 and 34 Tex.

Admin. Code (TAC) §§20.281- 20.298.

Intentionally Left Blank https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

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SECTION II

PROJECT DESCRIPTION

1. The CM@R is to provide pre-construction, construction, and post-construction Services during: the planning and design, construction, construction management, closeout, and warranty phases for the construction of the Murray Install HVAC in Inmate Housing Project.

Currently the TDCJ Master Plan, Attachment E, proposes the Installation of HVAC in Inmate

Housing Project at the Murray Unit that is located at 1916 North Hwy 36 Bypass, Gatesville, TX.

76596. The proposed project is to replace heating and ventilation air handler units with new chilled water cooling and gas heating air handlers. Some ductwork may be reusable, and other ductwork may need to be replaced. The design will provide a modular chilled water plant with a cooling tower outside the secure perimeter with a buried chilled water piping loop for Inmate Housing buildings K1, K2, K3, J1, and J2.

2. THIRD PARTY TESTING: TDCJ shall provide or contract with a third party for the Testing and Balancing and Construction Materials Testing Services. Services are to be engaged through design, construction, and post-construction, and documented on Attachment J, General Conditions Pricing Breakdown.

SECTION III

SCOPE OF WORK

1. PART ONE: The CM@R shall work closely with the TDCJ and Architect/Engineer (A/E) and collaborate with all Project stakeholders during the development, completion, and implementation of the construction documents. The CM@R’s Services shall be rendered during the design process and continue throughout the construction phase and close-out of the Project, as described in the RFQ. Services shall include, but not be limited to: pre-construction Services, estimation Services, leading and assisting in constructability reviews, managing complex critical path schedules, and bidding multiple packages for construction as necessary to execute the Project scope. The number of bid packages and GMP Amendments are to be determined by the TDCJ in consultation with the A/E and CM@R.

2. PART TWO: In accordance with the approved schedule and GMP, the CM@R shall facilitate the bidding and selection of subcontractors in accordance with Subcontracting requirements and provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications, and other RFQ documents that shall be prepared by the A/E and the TDCJ.

Responsibilities of the CM@R may also include but not be limited to; demolition Services, abatement, developing and managing project control systems, managing safety control and compliance systems, managing quality control and compliance programs, preparing reports and manuals, and providing training services and documentation.

3. Documents are available for review on the Euna Bonfire Portal at https://tdcj.bonfirehub.com.

4. SUBCONTRACTORS: Subcontractors providing Services shall meet the same requirements and level of experience as required of the Respondent. No subcontract shall relieve the primary Respondent of responsibility for the Service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

4.1. Respondents planning to subcontract all, or a portion of the work, shall identify the proposed subcontractors on the Subcontracting Plan, Attachment D.

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4.2. Subcontracting shall be at the Respondent’s expense.

4.3. The TDCJ retains the right to check a subcontractor’s background and decide to approve or reject the use of submitted subcontractors.

4.4. Respondent shall list a designated contact for all TDCJ and subcontractor inquiries.

5. Respondents shall be held to have a satisfactory understanding of the approved scope of work and to have included in the response an amount sufficient to cover all work including permits, fees, etc.

SECTION IV

SUBMITTAL INFORMATION

1. SCHEDULE OF EVENTS: The TDCJ reserves the right to change the dates shown below upon written notification.

Event Date Day & Time Issue RFQ 07/13/2026 Non-Mandatory Pre-Submittal Conferences 07/21/2026 Tuesday @ 11:00 AM Deadline for Submission of Questions 07/28/2026 Deadline for Submission of Qualifications & Subcontracting Plan

08/18/2026 Tuesday @ 3:00 PM

Notification of Short List Selection 10/02/2026 Deadline for Submission of Price Response/Closing

10/12/2026 Monday @ 3:00 PM

Projected Award by the TDCJ 02/22/2027

2. NON-MANDATORY PRE-SUBMITTAL CONFERENCE AND SITE VISIT: The non-mandatory pre-submittal conference is scheduled for Tuesday, July 21, 2026, at 11:00 AM. The time and location of the pre-submittal conference can be found in Attachment I of this Solicitation.

3. SUBMISSION REQUIREMENTS:

3.1 Submission:

3.1.1 Step One: The initial response is for qualifications only.

3.1.1.1 Respondents shall submit one original of the following:

3.1.1.1.1 Execution of Submittal, (Attachment A);

3.1.1.1.2 Subcontracting Plan, (Attachment D) (if applicable);

3.1.1.1.3 Acknowledgement of Addenda;

3.1.1.1.4 Original Bid Bond Deposit, (refer to Section IV, Subsection 3.2.7);

3.1.1.1.5 Litigation History Statement;

3.1.1.1.6 Company Information;

3.1.1.1.7 Contractor’s Qualification Form, (Attachment C);

3.1.1.1.8 Budget Compliance Form;

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3.1.1.1.9 Schedule Compliance Form;

3.1.1.1.10 Experience and Qualifications;

3.1.1.1.11 Methodology; and

3.1.1.1.12 Quality/Safety Programs and Safety Record.

3.1.1.2 Pages should be numbered and contain an organized, paginated table of contents corresponding to the Section and pages of the RFQ.

3.1.1.3 Respondent shall provide submission via the Euna Bonfire portal containing a complete copy of the Response to this RFQ.

3.1.2 Step Two: For the five or fewer Respondents chosen from Step One, Respondent shall submit one original of each of the following:

3.1.2.1 CM@R Response Form, (Attachment B);

3.1.2.2 Non-Collusion Affidavit, (Attachment F); and

3.1.2.3 General Conditions Pricing Breakdown, (Attachment J).

3.1.3 Respondents to this RFQ are responsible for all costs of submittal and interview preparation and delivery costs.

3.2 Step One Contents: Below is a summary of required information. Submittals without this information shall be evaluated accordingly. The TDCJ reserves the right, in its sole judgment and discretion as to what is in the best interests of the State, to waive minor technicalities and errors. The Execution of Submittal (Attachment A), the Contractor’s Qualification Form (Attachment C), the Subcontracting Plan (Attachment D), and the Bid Bond Deposit shall be returned with the Response. Failure to do so shall result in disqualification.

3.2.1 Company Information: The company information shall include the following at a minimum:

3.2.1.1 Company description;

3.2.1.2 Ownership information;

3.2.1.3 Physical and mailing address;

3.2.1.4 Other company locations/offices;

3.2.1.5 Primary Contact;

3.2.1.6 Office and mobile telephone number and email address of company’s

Primary Contact; and

3.2.1.7 11-Digit State of Texas Vendor Identification Number.

3.2.2 Relevant Experience and Qualifications: <30 pts.>

3.2.2.1 Relevant Experience:

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3.2.2.1.1 Complete and submit Attachment C, Contractor’s Qualification

Form. Respondents should also provide a narrative that describes in detail any qualifications not enumerated on the form.

3.2.2.1.2 Indicate your firm’s experience in detail as to the following:

3.2.2.1.2.1 Any building projects of similar complexity to this

Project, and any instances in which your firm provided leadership in projects that utilized advanced technical building methods and applications.

3.2.2.1.2.2 Experience in managing Project Owner expectations as they relate to scope and schedule development.

3.2.2.1.2.3 Experience in constructing facilities within an

institutional agency that operates 24 hours a day, seven days a week.

3.2.2.1.2.4 Experience in managing a quality control and

assurance program within a fast-paced schedule.

3.2.2.1.2.5 Experience with critical path schedules.

3.2.2.1.2.6 Experience assembling accurate design phase

budgets, developing and forecasting accurate construction cost estimation.

3.2.2.1.2.7 Collaboration with Owner’s Representatives, Architects, and Engineers on budget development and budget reconciliation processes.

3.2.2.1.2.8 Experience with projects connecting with existing utility infrastructure.

3.2.2.1.2.9 Experience with incorporating sustainable

components into the project construction; however, LEED certification shall not be required.

3.2.2.1.2.10 Other experience, expertise, and qualifications that distinguish you from others.

3.2.2.1.3 Demonstrate the company’s or individual’s relevant CM@R experience in the public sector, (i.e. Federal, Counties, Schools, and other government entities) to the type of work solicited in the

RFQ.

3.2.2.1.4 Names of top management and key employees and each

person’s duties. Include the background and experience of these key employees.

3.2.2.1.5 Provide an Organizational Chart with roles and responsibilities of key individuals assigned to support the Project.

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3.2.2.1.6 Provide at least three significant problems solved by Respondent in the performance of construction management services for the projects described in the Respondent’s experience.

3.2.2.1.7 Provide a description of the most critical issues that can be foreseen relative to this Project and explain the Respondent’s approach to managing and mitigating the risks associated with them.

3.2.2.1.8 Respondent Qualifications: The Respondent shall provide evidence that demonstrates the Respondent is qualified to satisfactorily perform the specified Work and that Respondent worked in this trade for at least five years. The Respondent shall submit written evidence to include a minimum of five projects completed within the last 10 years of similar work, size, and complexity; the evidence shall include the contracting party’s name, telephone number, location, type of facility, construction cost, and the date of completion.

3.2.2.2 Additional Qualifications:

3.2.2.2.1 Out-of-state Contractors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate is to be included with the response.

3.2.2.2.2 Negative responses from owners and A/E firms that are familiar with Contractor’s performance, may be grounds for disqualification at TDCJ’s discretion.

3.2.3 Methodology and Budget/Schedule Compliance: <20 pts.>

3.2.3.1 Proposed Methodology: A proposed methodology is a detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFQ Master Plan into a realized and finished Project. This shall include, but not be limited to:

3.2.3.1.1 Processes and techniques used to understand the Master Plan.

3.2.3.1.2 Problem-solving and value engineering.

3.2.3.1.3 Maintaining budgets and schedules.

3.2.3.1.4 Staff sizing and roles.

3.2.3.1.5 Company workload in proportion to the Project outlined in the

Statement of Work.

3.2.3.1.6 Coordination of work with subcontractors and/or consultants, including a description of how subcontractors or consultants are vetted, and pricing reviewed.

3.2.3.1.7 Description of how estimating, bidding, and working on various

696-FD-26-Q037 Page 10 of 19 design packages shall be coordinated and implemented.

3.2.3.1.8 Description of your comprehensive subcontractor engagement throughout the life of the Project.

3.2.3.1.9 Description on how you plan to tailor your quality control and your quality assurance process to this Project.

3.2.3.2 Budget/Schedule Compliance: On Attachment C, Contractor's Qualifications

Form, Respondent shall demonstrate their ability to meet schedule completion dates and maintain project budgets:

3.2.3.2.1 For the five most relevant recently completed projects within the past five years, Respondent shall demonstrate experience in meeting completion date schedules by providing the original construction duration and final construction duration on their last five projects. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

3.2.3.2.2 For the same five most relevant recently completed projects as above, Respondent shall demonstrate experience in maintaining construction budgets by providing the awarded budget and the final completion budget. Variances of 5% or more shall be explained for the causation in exceeding the stated awarded budget.

3.2.4 Quality Control Program and Safety Program: <10 pts.>

3.2.4.1 Quality Assurance: The Respondent shall provide a description of the firm’s quality assurance processes and program, and the name and job title of the person in the organization who oversees said program.

3.2.4.2 Quality Control: Respondent shall describe its quality requirements and means of measurement and provide process flow charts on how quality is maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety, and schedule.

The TDCJ reserves the right to require a copy of the Respondent’s Quality Control Manual, which, if awarded, may become a Contract document after award.

3.2.4.3 Safety Program and Contractor’s Safety Record: Respondent shall provide the company’s Safety Record for the past five years. Also, provide a description of your firm’s safety program and indicate the name and job title of the person in your organization who manages your safety program. If your firm's response is scored within the highest range of responses, TDCJ reserves the right to require a copy of your Safety Manual, which, if awarded, may become a Contract document after award.

3.2.5 Litigation: <Pass/Fail>

3.2.5.1 Provide details of all litigation history, including, but not limited to, administrative claims, proceedings, and arbitration within the past five years.

3.2.5.2 Respondents involved in any past or current litigation, depending upon the

696-FD-26-Q037 Page 11 of 19 circumstances, may be disqualified.

3.2.6 Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal with the Response shall result in rejection of the Response.

3.2.7 Bid Bond Deposit(5% of total Bid): The Respondent further agrees that the Bid Deposit of 5% or $771,708.95 of the total GMP accompanying this Response, payable to the TDCJ, is the measure of damages that the TDCJ would sustain by the failure of the undersigned to execute and deliver the Contract, Performance Bond, Payment Bond, and insurance certificates, and that if the undersigned defaults in executing the Agreement and/or in furnishing the aforementioned documents within 10 consecutive days from Contract award, then the Bid Deposit shall become subject to forfeiture to the TDCJ. Bid Deposit is not required for bids totaling less than $25,000.00.

Acceptable forms of Bid Deposits are limited to an irrevocable letter of credit issued by a financial institution subject to the laws of Texas; a surety or blanket bond from a company chartered or authorized to do business in Texas and United States Treasury listed; a United States Treasury Bond; or a certificate of deposit.

Should the Respondent fail, neglect, or refuse to begin performance of the Contract after receiving the award, the amount of the Bid Bond Deposit shall be forfeited to TDCJ. Performance shall be considered to begin upon acknowledgement of the Contract award and the furnishing of the payment and performance bonds and insurance coverage.

3.2.8 Insurance Requirements for CM@Rs: The insurance requirements, located in Attachment G, CM@R Service Contract Template, shall be reviewed by an agent of your insurance company prior to submitting a Response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements.

3.2.9 Attachment D, Subcontracting Plan (Submittal Requirements) (if applicable): In accordance with the Tex. Gov’t Code, §§ 2161.181-.182 and 34 TAC §§20.281-.298, the TDCJ shall make a Good Faith Effort to comply with Subcontracting Plan requirements in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return Attachment D, Subcontracting Plan, shall result in rejection of the Response. The TDCJ Vet Heroes United in Business goals are:

• 3% for heavy construction other than building contracts,

• 3% for all building construction,

• 3% for all special trade construction contracts,

• 3% for professional services contracts,

• 3% for all other services contracts, and

• 3% for commodities contracts.

Statement of Probability: In compliance with Texas Government Code 2161.252 it has been determined there is a probability of Subcontracting opportunities available for this Solicitation and the completion of the Subcontracting Plan will be required for this solicitation.

3.2.9.1 Respondents shall make a Good Faith Effort to award necessary subcontracts by submitting a Subcontracting Plan (Attachment D) in accordance with Texas Government Code, Section 2161.181-182, 2161.252(b), and Texas Administrative Code (TAC), Title 34, Part 1, Chapter

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20, Subchapter D, Division 1, Rule 20.285.The Contractor shall submit a Subcontracting Plan as part of the bid submission. The Contractor shall seek written approval from the TDCJ prior to making any modifications to its Subcontracting Plan.

3.2.9.2 Pursuant to Tex. Gov’t Code § 2161.252(b), the TDCJ shall reject any Response that does not include a fully completed Subcontracting Plan. An incomplete Subcontracting Plan is considered a material failure to comply with the RFQ requirements.

3.2.9.3 The Subcontracting Plan shall become a provision of the RFQ between the awarded Respondent and TDCJ. The awarded Respondent can only change the Subcontracting Plan if (a) the Respondent complies with 34 TAC § 20.285; (b) the Respondent provides its proposed changes to the TDCJ for review; (c) the TDCJ approves the Respondent’s proposed changes to its Subcontracting Plan; and (d) the TDCJ and Respondent amend their Contract by submitting a revised Subcontracting Plan containing the changes approved by the TDCJ.

3.2.9.4 If the TDCJ determines that the Respondent failed to implement the

Subcontracting Plan in Good Faith, TDCJ, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, §20.285(h)(4).

3.2.9.5 Subcontracting opportunities may be available in multiple commodity class/item codes and descriptions. Attachment L, Subcontracting Disciplines and Accompanying NIGP Codes, contains the “Class” (three-digit) and “Item” (two-digit) codes of potential subcontracting trades for this RFQ. These codes are defined by the National Institute of Governmental Purchasing (NIGP). A complete listing of all NIGP Class & Item Codes can be found at:

https://comptroller.texas.gov/purchasing/nigp/

3.2.9.6 The Subcontracting Plan (Attachment D) submitted with the initial Response to this RFQ solely addresses the Part One pre-construction collaborative phase of the scope of work. A revised Subcontracting Plan shall be submitted by the awarded Respondent prior to Part Two construction.

3.2.9.7 If assistance is needed in preparing the Subcontracting Plan, potential

Respondents may contact Jemelle Spivey by email at hub@tdcj.texas.gov or by phone at (936) 437-3774.

3.3 Step Two Contents: Step Two only applies to the five or fewer Respondents chosen from the Step One qualification evaluation. Below is a summary of required information. The TDCJ reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The CM@R Response Form (Attachment B), the Non- Collusion Affidavit (Attachment F), and the General Conditions Pricing Breakdown (Attachment J) shall be submitted upon request; failure to do so shall result in disqualification.

3.3.1 Attachment B, CM@R Response Form: This form shall be completed and returned.

Respondents may not add qualifications, conditions, or exceptions to the response.

Any such representation by the Respondent may be cause for rejection of the response, at the full and sole discretion of TDCJ.

3.3.1.1 The Response: <40 pts Total.> The Response (as more fully set forth in

Attachment B, CM@R Response Form), shall be comprised of three mailto:hub@tdcj.texas.gov

696-FD-26-Q037 Page 13 of 19 components listed below. Only components 3.3.1.1.2 and 3.3.1.1.3 are utilized in computing the 40 potential points for compensation and fees.

3.3.1.1.1 A Pre-Construction Management Not-to-Exceed fee for collaboration with the TDCJ and its A/E during the pre-construction phase described in Section III, Scope of Work, Part One. This pricing component shall be negotiated with the Respondent evaluated as the highest scoring firm. If a cost cannot be agreed upon, the negotiations shall be formally terminated and TDCJ shall attempt to negotiate an agreement with the next firm in order of scoring until an agreement is reached or the list is exhausted, upon which the RFQ shall be cancelled and may be re-issued.

3.3.1.1.2 A Construction Management Fee as a percentage of the estimated Cost of Work. Such fee shall represent overhead and profit.

3.3.1.1.3 A Not-to-Exceed fee for Construction General Conditions.

3.3.2 Construction Time: The construction time-period presented in this RFQ anticipates that the construction term shall be 24 months. This range of time shall be used to propose a monthly not-to-exceed General Conditions Fee rate for Step Two of this RFQ. In contemplating the schedule and monthly fee rate. Note: This is a correctional facility and refers to the TDCJ Unit Rules and Regulations. Special planning and coordination with the facility shall be critical to keep the unit operating safely without disrupting the day-to-day activities of the unit.

3.3.3 Attachment F, Non-Collusion Affidavit: The Non-Collusion Affidavit shall be enclosed with the response.

3.3.4 Attachment J, General Conditions Pricing Breakdown: The General Conditions Pricing breakdown shall be enclosed with the response.

3.4 Inquiries:

3.4.1 All inquiries submitted shall be submitted through the Euna Bonfire portal. The

Respondent’s question(s) shall only be to clarify specific provisions in this Solicitation and shall reference the specific Section that requires clarification. Written answers to the clarification questions shall then be uploaded to Bonfire in the form of an Amendment. Respondents should only rely on the written information provided in this manner.

3.4.2 Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify the TDCJ at once. The TDCJ may then, as an option, issue Addendum clarifying the same. The TDCJ is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

3.4.3 Upon issuance of this RFQ, besides written inquiries as described above, other employees and representatives of TDCJ shall not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent or their representatives. Failure to observe this restriction may result in disqualification of any subsequent Response. This restriction does not preclude discussions between affected parties for conducting business unrelated to this RFQ.

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3.5 RFQ Submission:

3.5.1 Amending and Modifying Submittals/Public Disclosure of Submittals: No

Response may be changed, amended, or modified after it has been submitted.

However, a submittal may be withdrawn and resubmitted at any time prior to the time set for submittal closing.

3.5.2 Rejection of Submittals: Any Submittal that fails to conform to all the requirements shall be rejected.

3.5.2.1. Any response that does not accommodate to the applicable specifications shall be rejected, unless the submittal authorizes the submission of alternate responses, and the supplies responded as alternates meet the requirements specified in this RFQ.

3.5.2.2. Any Submittal that fails to adapt to the delivery schedule or permissible alternates stated in the submission, shall be rejected.

3.5.2.3. A Submittal shall be rejected when the Respondent imposes conditions that would modify requirements of the RFQ or limit the Respondent's liability to the TDCJ, since allowing the Respondent to impose such conditions would be prejudicial to other Respondents. For example, submittals shall be rejected in which the Respondent –

3.5.2.3.1 Protects against future changes in conditions, such as increased costs, if total possible costs to the TDCJ cannot be determined.

3.5.2.3.2 Fails to state a price and indicates that price shall be "price in effect at time of delivery”.

3.5.2.3.3 States a price but qualifies it as being subject to "price in effect at time of delivery”.

3.5.2.3.4 When not authorized by the RFQ, conditions or qualifies a submittal by stipulating that it is to be considered only if, before date of award, the Respondent receives (or does not receive) award under a separate RFQ.

3.5.2.3.5 Requires that the TDCJ is to determine that the Respondent's product meets applicable TDCJ specifications; or

3.5.2.3.6. Limits rights of the TDCJ under any Contract provision.

3.5.2.4 Respondent may be requested to delete objectionable conditions from a submittal provided the conditions do not go to the substance, as distinguished from the form, of the Response, or work an injustice on other Respondents. A condition goes to the substance of a submittal where it affects price, quantity, quality, or delivery of the items responded.

3.5.2.5 Any submittal may be rejected if the TDCJ determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the submittal, but the prices for individual line items as well.

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3.5.2.6 Any submittal may be rejected if the prices for any line items or sub-line items are materially unbalanced.

3.5.2.7 Submittals received from any person or concern that is suspended, debarred, proposed for debarment, or declared ineligible as of the submittal closing date, shall be rejected unless a compelling reason determination is made.

3.5.2.8 Low submittals received from Respondents determined to be not responsible.

3.5.2.9 When a Bond is required and a Respondent fails to furnish the bond in accordance with the requirements to the RFQ, the submittal shall be rejected.

3.5.2.10 The originals of all rejected submittals, and any written findings with respect to such rejections, shall be preserved by the TDCJ with the papers relating to the acquisition. After submitting a Response, if all of a Respondent's assets, or that part related to the submittal, are transferred to another corporate entity during the period between the submittal closing and the award, the transferee may not be able to take over the submittal. Accordingly, the TDCJ shall reject the submittal unless the transfer is affected by merger, operation of law, or other means not barred.

3.5.2.11 Submittals that do not include a completed Subcontracting Plan shall be rejected.

3.5.3 Notice to Respondents of Rejection of All Submittals: When it is determined necessary to reject all submittals, the TDCJ shall notify each Respondent that all submittals have been rejected and shall state the reason for such action.

3.5.4 Minor Informalities or Irregularities in Submittals: A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a submittal or variation of a submittal from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other Respondents. The defect or variation is immaterial when the effect on price, quantity, and quality of delivery is negligible when contrasted with the total cost or scope of the supplies or Services being acquired. The TDCJ either shall give the Respondent an opportunity to cure any irregularity in a response, or waive the deficiency, whichever is to the advantage of the TDCJ. Examples of minor informalities or irregularities include failure of a Respondent to:

3.5.4.1 Return the number of copies of signed submittals required by the RFQ.

3.5.4.2 Furnish required information concerning the number of its employees.

3.5.4.3 Sign its submittal, but only if:

3.5.4.3.1 The unsigned submittal is accompanied by other material indication of the Respondent's intention to be bound by the unsigned submittal (such as the submission of a submittal guarantee or a letter signed by the Respondent with the submittal referencing and clearly identifying the submittal itself); or

3.5.4.3.2 The firm submitting a Response has formally adopted or

696-FD-26-Q037 Page 16 of 19 authorized, before the date set for submittals are due, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization, and the Response carries such a signature.

3.5.4.4 Acknowledge receipt of an Addendum/Amendment to this RFQ, but only if:

3.5.4.4.1 The Submittal received clearly indicates that the Respondent received the Addendum/Amendment, such as where the Addendum/Amendment added another item to the RFQ and the Respondent submitted a Response on the item.

3.5.4.4.2 The Addendum/Amendment involves only a matter of form or has no effect on either of the following: price, quantity, quality, or delivery of the item submitted upon.

3.5.4.5 Furnish affidavits concerning the parent company and affiliates, if required.

3.5.5 Non-Resident Respondents: The attention of all Respondents is called to Tex. Gov’t Code §§ 2252.001.-004. "Nonresident Respondent" means a Respondent whose principal place of business is not in this State but excludes a Contractor whose ultimate parent company or majority owner has its principal place of business in this State.

3.5.6 Discrepancies and Ambiguities: If Respondent of proposed work is in doubt as to the true meaning of any part of the Submittal Documents or believes that discrepancies exist, the Respondent shall submit a written request for interpretation to the Contract Specialist. Such request shall reach the Contract Specialist at least 21 days prior to the time set for receipt of submittals.

3.5.6.1 The Respondent submitting a request for interpretation is responsible for its prompt, timely and actual delivery.

3.5.6.2 Interpretations or explanations shall not be made orally.

3.5.6.3 All interpretations or supplemental instructions shall be provided in

Addendum.

3.5.6.4 Copy of such an Addendum shall be issued to each entity holding Submittal

Documents.

3.5.6.5 Failure to receive such Addendum/Amendment does not relieve Respondent from any obligation under his/her Response as submitted. The Respondent is responsible to ensure receipt and acknowledgment of all Addenda/ Amendments issued and if not, may be cause for rejection of its submission.

3.5.7 Submission Acceptance: It is understood that the TDCJ reserves the right to accept or reject any and all submittals and to waive all irregularities. It is further agreed that this Submittal and Bid Bond Deposit shall be valid and not be withdrawn for a period of 100 days from the date of closing thereof.

3.5.8 Compliance with Laws: In the execution of the Contract, the Contractor shall comply with all laws, regulations, and guidelines applicable to a vendor providing services and products to the State of Texas as these laws, regulations, requirements, and guidelines currently exist and as amended throughout the term of the Contract. The TDCJ reserves the right, in its sole discretion, to unilaterally amend the Contract prior

696-FD-26-Q037 Page 17 of 19 to award and throughout the term of the Contract to incorporate any modifications necessary for the TDCJ’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements, and guidelines. The Contractor is responsible for ensuring that any substitution proposed at any time can be utilized as proposed without infringing on any patent, copyright, trademark, or other form of intellectual property, and by submitting a request for substitution to the A/E and TDCJ that the proposed substitution can be implemented without such infringement.

In reviewing substitution requests, the A/E and TDCJ shall make no determination as to the existence or potential infringement of such rights by the proposed substitution, and approval of substitution requests does not relieve the Contractor from its responsibilities under this Section. The Contractor shall indemnify, defend, and hold harmless the State of Texas and the TDCJ against any action or claim brought against the State of Texas and/or the TDCJ that is based on a claim that software infringes any patentor copyright or incorporates misappropriated trade secrets. The Contractor shall pay any damages attributable to such claims that are awarded against the State of Texas and/or the TDCJ in a judgment or settlement. If the TDCJ’s use of the software becomes, in the sole opinion of the TDCJ, subject to a claim, or is likely to become subject to a claim, the Contractor shall, at its sole expense (1) procure for the TDCJ the right to continue using such software under the terms of this RFQ; or (2) replace or modify the software so that it is non-infringing.

3.6 Receipt of Submittals:

3.6.1 Submittals shall be publicly opened by the TDCJ Contracts and Procurement

Department, via Microsoft Teams. See Attachment I for instructions on how to register to attend.

3.6.2 Submittals shall be submitted electronically via the Euna Bonfire portal. Respondents shall register at https://tdcj.bonfirehub.com to access the portal, which supports Microsoft Edge, Google Chrome, and Mozilla Firefox with JavaScript and cookies enabled. Submissions shall be uploaded, submitted, and finalized before the posted due date. Uploading large files may take time, depending on the size and internet speed, so it is strongly recommended that vendors allow at least one business day to complete the process.

3.6.3 Submittals shall be received until the date and time established for receipt, then opened.

3.6.4 Any requests or questions for additional information pertaining to the Solicitation specifications shall be submitted through the electronic bid system. Requests or questions shall be submitted by dates indicated on the Solicitation.

3.6.5 Respondents shall complete and sign all required forms by the deadline.

3.6.6 All amendments shall be issued via Public Notice on the electronic bid system. It is the

Respondent's responsibility to obtain any amendment that pertains to Solicitation.

Please check regularly for any posted amendments.

3.6.7 If a Respondent requests to withdraw a response, the Respondent may resubmit, or submit a new response, up until the advertised due date and time. All responses in the possession of the TDCJ at the due date and time shall be deemed final, conclusive, and irrevocable, and no proposal shall be subject to amendment or correction after the due date and time for submission.

https://tdcj.bonfirehub.com/

696-FD-26-Q037 Page 18 of 19

3.6.8 Respondents shall clearly indicate if any of the information contained in the proposal is confidential or proprietary in nature, by applying a legend to the page that indicates confidential or proprietary information is contained on said page. The Respondent shall indicate which paragraph contains confidential or proprietary information by inserting the words “confidential/proprietary information” in bold type, enclosed by parentheses, at the beginning of the paragraph containing such information.

3.6.9 Proposals should be submitted in PDF format, pages numbered, with a table of contents and the sections clearly labeled.

3.6.10 All submittals become the property of the TDCJ after the submittal deadline/closing dates.

3.6.11 PRE-AWARD DATA: Within five working days after official notification, the successful

Respondent shall furnish the following documents:

3.6.11.1 A letter from the Respondent's legal counsel as to Respondent’s Resident or Nonresident status along with a copy of any statute in the state of a Nonresident Respondent which grant a Resident Respondent any credit or assesses any Nonresident Respondent a penalty.

3.6.11.2 Cost breakdown information for combination submittals, if applicable.

3.6.12 Qualifications: Determination of the Contractor responsibility shall be based on the following criteria:

3.6.12.1 Have adequate financial resources, or the ability to obtain such resources, to commence operations (start-up) and fully perform the Contract without financial assistance from the department.

3.6.12.2 Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

3.6.12.3 Have a satisfactory performance record. Have a satisfactory record of integrity and business ethics.

3.6.12.4 Have the necessary organization, experience, accounting controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or Services to be performed by the prospective Contractor and subcontractors).

3.6.12.5 Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

3.6.12.6 Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

To this effect, Respondents shall be required to submit documentation to support the above (such as Balance/Income Statements, a list of current projects, a personnel list, and a list of equipment and facilities).

696-FD-26-Q037 Page 19 of 19

4. EVALUATION AND AWARD:

4.1 The intent of the TDCJ is to award the Contract to the Respondent(s) whose qualifications and pricing are considered to be the ‘best value’ to the state. When considering ‘best value’ and award, TDCJ reserves the right to set a minimum requirement regarding the criteria listed in part 4.2.

4.2 An Evaluation Committee shall be established to evaluate submittals. The committee shall include employees of the TDCJ. By submitting qualifications in response to this RFQ, Respondent accepts the RFQ and evaluation process and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the Evaluation Committee. The Evaluation Committee shall evaluate and score each submittal based on the following criteria:

Step One Criteria Weight

• Experience and Qualifications 30%

• Methodology and Budget/Schedule Compliance 20%

• Quality/Safety Programs and Safety Record 10%

• Litigation History Pass/Fail

60%

Step Two Criteria Weight

• Compensation and Fees 40% (CM Fee + Construction General Conditions)

• Step 1 Criteria 60%

100%

4.3 The Evaluation Committee shall determine if price negotiations are necessary and may negotiate final pricing per Tex. Gov’t Code §2269.254(b), (c).

4.4 In evaluating responses to determine the best value for the State of Texas, TDCJ may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System (available at http://www.txsmartbuy.com/vpts). Prior work performance with TDCJ and other State agencies or governmental entities, which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

4.5 Order of Precedence: In the event of conflicts or inconsistencies between this RFQ and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed RFQ Attachments to the RFQ, RFQs, and Respondent’s Response to RFQs.

4. EVALUATION AND AWARD: