19-3202600039 RFP Solicitation Final.docx

Joe Esparza, Chairman and Commissioner Representing Employers Albert Treviño III, Commissioner Representing Labor Brent Connett, Commissioner Representing the Public

Randy Townsend, Interim Executive Director RFP No. [RFP No.] Attachment 1 Page 48 of 125

Request for Proposals (RFP) for CCRC Backup Generator Solicitation No. 3202600039 Date of Release: December 8, 2025 Proposals Due: January 26, 2026, by 10:00 a.m. Central Time 909-24 Building Construction Services

Sole Point of Contact for this RFP (see Section 4.1):

Fred Warner, CTCD Purchaser V TWC Procurement Portal Table of Contents

Definitions As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below. Additional terms used in this Solicitation are defined in Attachment 2 – Uniform General Conditions (UGC).

“Addendum” or “Addenda” or “Amended Solicitation” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD and uploaded to the TWC Procurement Portal prior to the response due date.

“Additional Evaluation Activities” include Clarifications, Technical Discussions, and/or Site Visits. These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Proposals.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Competitive Range” consists of the offers or Proposals that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the Contract Time, as defined in Section 1 of the Uniform General Conditions.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.gov/esbd.

“Final Written Response Score” refers to the final scoring of the Proposal based on the Evaluation Scoring Matrix published in the Solicitation.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Proposals for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“PHS” means Procurement and HUB Services, a division of TWC.

“Project Milestone Schedule” means a construction schedule comprised of calendar days that shows all major construction milestones, trade activities, and total length of the construction project, along with any other requested information outlined in this RFP.

“Proposal” means a written offer to contract with the State, submitted in response to this Solicitation.

“Respondent” means the individual or entity that submits an offer or Proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or Proposal, such as an agent, employee, and representative.

“Sanction(s)” means monetary remedies including recoupment, payment hold, imposition of penalties or damages, exclusion, debarment, suspension, or revocation.

“Solicitation” means this Request for Proposal (RFP), including all exhibits, attachments, forms, and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Submission Due Date” refers to the date that Proposals are due in response to the Solicitation.

“Successful Respondent” means the Respondent with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“Total Score” means the Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

“TWC” means the Texas Workforce Commission.

“TWC Procurement Portal” means the online platform used by TWC for publishing solicitations informing vendors of procurement opportunities and response requirements and providing public notice of contract awards.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

The Texas Workforce Commission (TWC) is accepting proposals for the installation of backup building generator at the TWC Criss Cole Rehabilitation Center building located at 4800 North Lamar Blvd. in Austin, Texas.

PHS will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from vendors, as well as managing the receipt of Proposals for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2. Authority

TWC is soliciting the goods and/or services stated in this Solicitation under of the authority Texas Government Code § 2156.001.

1.3. Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Proposals will be published as an Addendum to the TWC Procurement Portal and a notification of the Addendum will be posted to ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

Pre-Proposal Conference (see Section 4.2 for Pre-Proposal Conference location and additional details) Attendance is Optional December 15, 2026, at 1:30 PM Central Time

Deadline to submit the draft HUB Subcontracting Plan for Courtesy HSP review Draft HSP should be submitted to: TWCHUBinfo@twc.texas.gov January 8, 2026, 5:00 P.M. Central Time

Respondent must submit its Proposal to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an Addendum posted to ESBD and the TWC Procurement Portal.

Article II. Scope of Work

2.1. Overview

Respondent must provide a detailed response package that demonstrates their construction expertise and ability to provide TWC with a best value contract to complete backup building generator installation. Include all attachments and information as required in this RFP.

2.2. Description of Services/Scope of Work/Specifications

a. Successful Respondent must provide all labor, materials, insurance, equipment and supervision required.

b. Scope of work includes the installation of a new 400kW Natural Gas generator as specified in the attached project manual and project drawings. Work includes site demolition and preparation for new equipment. The existing gas meter and regulator will be replaced to accommodate the new generator load, including associated utility upgrades, electrical work, and miscellaneous related work. Awarded contractor will need to include a manufacturer recommended maintenance agreement for the system for the first year after installation that coincides with the required one-year contractor warranty.

c. Work will be performed in an occupied building, at 4800 N. Lamar Blvd., Austin, Texas 78756, and must be conducted in a manner that will not cause major disruption to normal operations. Temporary shutdown of utilities will need to have contractor notification to project manager and building operators planned and scheduled as far ahead of the actual date of shutdown as possible so building operators can properly plan for such outages.

d. The full scope of work is outlined in Attachment 7: Project Drawings and Attachment 8: Project Manual. These documents contain binding project information including contractor use of site and premises.

e. Information about the existence of Asbestos Containing Material and Abatement Manual, if applicable, will be included in Attachment 9-Asbestos Documents.

Article III. General Information

3.1. Terms and Conditions

The Terms and Conditions identified in the Solicitation, Attachment 1 – TWC Terms & Conditions and Attachment 2 – Uniform General Conditions are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2. Contract Award

TWC intends to award one (1) Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD and the TWC Procurement Portal and notification will be sent to all Respondents immediately following execution of the Contract.

3.3. Contract Execution

If, for any reason, a Contract cannot be executed with a Respondent selected for award within thirty (30) days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

3.4. Contract Term

The Contract Term will commence on the start date identified in the Notice to Proceed and will end on the Substantial Completion date (365 calendar days) as identified in the Notice to Proceed plus ninety (90) days for closing.

Contract term from Notice to Proceed to substantial completion includes lead time of equipment as estimated by TWC AE and Engineer.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions in Attachment 1- TWC Terms and Conditions and Attachment 2 – Uniform General Conditions shall apply.

3.5. Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the Contract.

3.6. Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Respondent and TWC.

3.7. No Guarantee of Volume, Usage, or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.8. Offer Period

Proposals shall be binding for a period of ninety (90) days after the Submission Due Date. A Respondent may extend the time for which its Proposal will be honored. Upon Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.9. Costs Incurred

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Proposals, preparing for, or participating in Oral Presentations and/or Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

3.10. Public Information Act - Respondent Proposal

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 - Terms & Conditions, Section 2.4.

If Respondent asserts that information provided in its Proposal is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two (2) separate, searchable Portable Document Format (PDF) copies (Original Proposal and “Public Information Act Copy,” including attachments, of the Original Proposal) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

Respondent should not submit a Public Information Act Copy indicating that the entire Proposal is exempt from disclosure. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and this blanket claim will not be considered by TWC.

A Proposal should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its response, by submitting a Proposal, Respondent agrees to reproduction and posting on public websites by the State of Texas, including all other state agencies, without cost or liability and, additionally, agrees to allow the State of Texas to provide a copy of the Proposal to individuals making a Public Information Act request for the response.

TWC may, in its sole discretion (1) disqualify all Respondents that fail to fully comply with the requirements set forth in this section, or (2) offer all Respondents that fail to fully comply with the requirements set forth in this section additional time to comply. Submitting partial or incomplete information that suggests inclusion of confidential information constitutes failure to comply with the requirements set forth in this section.

3.11. Public Information Act – Contract Award

Within five (5) days from Contract execution, the Successful Respondent must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the original executed contract) to the TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

b. Each portion Successful Respondent claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Proposal as required in Section 3.10.(a)(2) above. The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

3.12. Respondent Waiver – Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR ANY MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.13. Insurance

For the duration of any Contract resulting from this Solicitation, the Successful Respondent shall acquire insurance with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1- TWC Terms and Conditions, Attachment 2 – Uniform General Conditions, and Attachment 5- Supplementary General Conditions.

Failure to maintain insurance coverage shall be deemed a breach of Contract.

The Sanctions and remedies will be referred to as “Sanctions.”

3.14.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of Sanctions. The Successful Respondent must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable.

3.14.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.14.4. Failure to Notify TWC of a Change of Ownership or Control or Change in Financial Condition.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required in Sections 3.16 (Change in Ownership or Financial Condition) may result in the Successful Respondent being assessed sanctions in the amount of one hundred dollars ($100) per incident.

3.14.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 - Terms and Conditions, Section 2.3 may result in the Successful Respondent being assessed sanctions in the amount of one hundred dollars ($100) per incident.

3.14.6. Failure to Produce Records or Information as part of Background Investigation.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 - Terms & Conditions, Section 2.31 may result in the Successful Respondent being assessed Sanctions in the amount of One Thousand dollars ($1000) per day for each day the records/information are not produced, or answers are not provided.

3.14.7. Failure to Produce Records or Information as part of an Audit.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 - Terms & Conditions, Sections 2.15-2.17 or requested pursuant to Attachment 1 - Terms & Conditions, Section 2.39 may result in the Successful Respondent being assessed Sanctions in the amount of One Thousand dollars ($1000) per day for each day the records/information are not produced, or answers are not provided.

3.15. Liquidated Damages

Liquidated damages are a predetermined amount of money that the parties agree to pay for breach of contract. TGC Section 2261.101 requires that the agency create and incorporate into each contract a remedies schedule. Liquidated Damages are a form of remedy. TWC may collect damages from the Successful Respondent directly or indirectly by reducing the Contract Sum in the amount of Liquidated Damages identified in Attachment 2 - Uniform General Conditions, Section 8.13 and Attachment 5 - Supplementary General Conditions. Liquidated Damages that may be assessed are not a penalty but represent a reasonable estimate of TWC’s costs and damages, which are difficult, if not impossible to calculate with accuracy in advance.

3.16. Changes in Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as possible, but no later than thirty (30) days prior to its occurrence.

Successful Respondent must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required by this section may result in the termination of the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

3.17. Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other remaining provisions will remain in full force and effect.

3.18. Bonds

Prior to beginning any work under any Contract resulting from this Solicitation, the Successful Respondent shall acquire bonds in the type and on the form listed in Attachment 2 - Uniform General Conditions, Section 3.3, Bonding Requirements.

3.19. Retainage

TWC will withhold retainage from each progress payment in accordance with Attachment 2 - Uniform General Conditions, Section 7.4.2, Retainage.

3.20. Franchise Tax – Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.21. Disclosure of Interested Parties

If TWC determines that Texas Government Code § 2252.908 may apply to a Contract award, TWC will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and TWC. A Respondent subject to this requirement must:

a. Complete TEC Form 1295, Certificate of Interested Parties at https://www.ethics.state.tx.us/filinginfo/1295/;

b. Submit the form online to TEC,

c. Print the completed form that includes the Certificate Number automatically assigned by TEC, and

d. Submit the form, signed by its authorized agency, by email to TWC.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to TWC, TWC is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. TWC may award the contract to another Respondent. TWC may seek appropriate damages for Respondent’s failure to comply with this requirement.

3.22. Subcontractor Requirements

Respondent must indicate whether or not it holds any financial interest in any Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Respondent’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Respondent must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Respondent is to be subcontracted, and the Subcontractor must comply with all applicable requirements and Terms and Conditions of TWC. TWC reserves the sole right to require the Successful Respondent to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful Respondent is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the Successful Respondent will not be reduced as a result of any such subcontracts.

The Successful Respondent’s obligation to pay Subcontractors is governed by Texas Government Code § 2251.022 (“Time for Payment by Vendor”), and any amendments thereto.

Article IV. Proposal Process

The Sole Point of Contact for this Solicitation is:

Fred Warner, CTCD Purchaser V TWC Procurement Portal All requests, questions, or other communication about this Solicitation must be made in writing and submitted to the TWC Procurement Portal and will be directed to the Sole Point of Contact.

See also, Section 4.1.5 (Exception to Sole Point of Contact) below.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact) [and Section 4.1.5 (Exception to Sole Point of Contact)], a potential Respondent and Respondent that has submitted a Proposal is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions through any means other than as provided by this Solicitation will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries). Failure to comply with these restrictions may result in disqualification of Respondent's Proposal. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Written Questions

Written questions shall be submitted in writing using the TWC Procurement Portal no later than the Respondent Questions deadline provided in Section 1.3 – Schedule of Events. Include the Solicitation section and page number to which each question applies. Questions submitted after the deadline will not be answered.

TWC will post to the ESBD and the TWC Procurement Portal the Questions & Answers and, if appropriate, an Amended Solicitation. Responses to questions will not be provided individually to prospective Respondents submitting questions.

TWC reserves the right to amend answers previously posted prior to the Proposal deadline identified in Section 1.3 (Schedule of Events). Amended answers will be posted to the TWC Procurement Portal and the ESBD. It is the Respondent’s responsibility to check the ESBD and the TWC Procurement Portal. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Only TWC's written answers to questions submitted in writing, in accordance with this section, are binding.

4.1.4 Site Visits

TWC encourages Respondents to schedule one or more Site Visits to familiarize themselves with the Project Site and existing conditions. Please contact the Sole Point of Contact to arrange for a Site Visit(s) to inspect existing conditions at the Project Site at any time during the Solicitation period. TWC will accommodate requests depending on the time and date of available TWC staff to accompany the Respondent at the site. TWC Staff will not verbally answer questions during the Site Visit; Respondent must submit questions per the procedures outlined in section 4.1.3 (Written Questions.) No points will be awarded for Site Visits.

4.1.5 Exception to Sole Point of Contact

Exceptions to Section 4.1.1 (Sole Point of Contact) are as follows:

a. A Respondent with questions relating to the HSP is permitted to direct those questions to the TWC HUB staff by sending an email to: TWCHUBinfo@twc.texas.gov.

b. The Sole Point of Contact may expressly direct that another designated TWC representative may speak to the Respondent, such as during Contract negotiations. A Respondent is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Proposal.

4.2. Pre-Proposal Conference

TWC will conduct a Pre-Proposal Conference. A prospective Respondent should attend the Pre-Proposal Conference. See Section 1.3 (Schedule of Events) for the date and time. The Pre-Proposal Conference will include an overview of the Solicitation and a presentation on the HSP requirements, if applicable to this Solicitation. A question-and-answer session will also take place regarding general, technical, and HSP (if applicable) questions.

4.2.1 Attendance

Attendance at the Pre-Proposal Conference is optional but highly recommended. There will be fifteen (15) points given to all Respondents that attend the Pre-Proposal Conference in accordance with Section 4.2 and 5.6.

Attendees are required to sign an attendance log prior to leaving the Pre-Proposal Conference.

4.2.2 Logistical Information

PHS will hold the Pre-Proposal Conference on the date and time set out in Section 1.3 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact) at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by TWC.

Location of the Pre-Proposal Conference:

4800 N. Lamar Blvd.

Auditorium Austin, TX 78756

4.2.3 Questions at the Pre-Proposal Conference

a. Attendees may submit questions in writing at the conference according to the instructions provided by TWC. All questions must be in the required format and include the information as referenced in Section 4.1.3 (Written Questions).

b. During the Pre-Proposal Conference, TWC may provide responses to questions, but only written responses will be posted in the TWC Procurement Portal and the ESBD as an Addendum to the Solicitation. Only written responses will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Proposal Deadline, answers previously posted. Amended answers will be posted on the TWC Procurement Portal and a notification of amended answers will be posted to the ESBD. Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

d. Unauthorized communications with TWC other than the Sole Point of Contact identified in Section 4.1.1 regarding this Solicitation before, during, or after the Pre-Proposal Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Proposal.

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Proposals will not be considered. The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities.

4.3.2 Proposal Format

The Proposal submitted in response to this Solicitation must:

a. Be responsive to all Solicitation requirements.

b. Be in the 8 1/2" by 11" paper layout.

c. Be clearly legible; and

d. Be presented using font type Verdana, or Arial, font size 12 pt., with one (1) inch margins and 1.5 line spacing; the sole 12-point font size exception is no less than size 10 pt. for tables, graphs, and appendices.

4.3.3 Proposal Signature

Respondent’s authorized representative must sign on all exhibits and forms requiring a signature. A Proposal without the required signatures is not responsive to the Solicitation and will be disqualified. Unsigned Proposals will not be evaluated; these Proposals will be kept with the procurement file and not be returned to the Respondent.

4.3.4 Discrepancies

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to potentially disqualify a Proposal. If Respondent fails to submit its Proposal in accordance with this Solicitation, TWC, in its sole discretion, will determine the version to be used as the original or may disqualify the Proposal. If the Respondent submits a redacted Public Information Act Proposal (see Section 3.10) as the “Original,” or only Proposal, TWC will disqualify the Proposal and it will not be evaluated. TWC will not accept submissions after the “Deadline for Submission of Proposals” in Section 1.3 (Schedule of Events) to remedy discrepancies or variations in Proposal submissions.

4.3.5 Exceptions

Each Respondent is highly encouraged, in lieu of including exceptions in a Proposal, to address all issues that might be advanced by way of exception by submitting such issues as questions pursuant to Section 4.1.3 (Written Questions).

Any exception included in a Proposal may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Proposal, Respondent is required to use Form 1 - Execution of Response of this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration. Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1- Execution of Response.

No exception, nor any other term, condition, or provision in a Proposal that differs from or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by TWC.

Excessive exceptions, exceptions which are not presented as required, or deviations by the Respondent to Attachment 1 - Terms & Conditions or Attachment 2-Unform General Conditions (UGCs), may delay negotiations resulting in a shorter Contract Term, may cause Respondent’s Proposal to be deemed non-responsive or unacceptable for award and be removed from further consideration without discussion. If a Respondent proposes exceptions to the Terms & Conditions or the Uniform General Conditions, TWC may make an award without discussion to another Respondent that did not propose exceptions to the Terms & Conditions or Uniform General Conditions.

4.3.6 Binding Offer

A Proposal should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Proposals constitute binding offers. Any Proposal that includes any type of disclaimer or other statement indicating that the Proposal, or any portion of the Proposal, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.3.5 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

Proposals must be received by PHS as prescribed no later than the date and time specified in Section 1.3 (Schedule of Events).

TWC is not responsible for Proposals emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.4.2 Submission Method-TWC Procurement Portal

TWC has implemented the eProcurement platform referred to as the TWC Procurement Portal. All Respondent submissions must be uploaded electronically to the TWC Procurement Portal link on the “Open Opportunities” tab Proposal submissions by any other method will not be accepted.

To respond to this Solicitation, Respondent must register through the TWC Procurement Portal website. There is no charge to register.

Step-by-step instructions are available at:

Creating and Uploading a Submission to the TWC Procurement Portal.

For a quick tutorial on how to upload a Proposal through the registration and submission process, visit:

TWC Procurement Portal Registration and Submission Process Video.

Any issues with uploading shall first be addressed with TWC Procurement Portal Technical Support at the contact information included in Procurement Information Summary and the TWC Procurement Portal Instructions to Respondents document.

Respondents must contact the Sole Point of Contact prior to deadline if there are issues with using the TWC Procurement Portal and an alternate submission method may be required. Failure to contact the Sole Point of Contact, well before the deadline to make alternate arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

To confirm receipt of all electronic submissions, Respondent should request a confirmation by email. Proposals must be RECEIVED by TWC by the Proposal Deadline identified in Section 1.3 (Schedule of Events).

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and upload the Proposal to the TWC Procurement Portal by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC.

4.4.3 Ownership of Proposals

All materials submitted by a Respondent will become the property of TWC and may be used as TWC deems appropriate. A Proposal will not be returned to the Respondent.

4.4.4 Modifications and Withdrawals

Prior to the Proposal submission deadline in Section 1.3 (Schedule of Events), Respondent may: (1) withdraw its Proposal by deleting the response in the TWC Procurement Portal; or (2) modify its Proposal via the TWC Procurement Portal. When amending its Proposal, Respondent must follow the instructions provided by the TWC Procurement Portal, revising the section(s) intended, submit and finalize.

4.5. Additional Information

By submitting a Proposal, the Respondent grants TWC the right to obtain any information from any lawful source, including the Comptroller’s VPTS, regarding the past history, practices, conduct, ability, and eligibility of the Respondent to supply goods and/or services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability and eligibility of any director, officer, or key employee of the Respondent. By submitting a Proposal, the Respondent releases from liability and waives all claims against any party providing information about the Respondent at the request of TWC.

TWC may contact references provided in response to this Solicitation. TWC may contact Respondent’s clients or solicit information from any available source, including the Comptroller’s VPTS.

Any information received may be grounds for disqualification if that information, in TWC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.6. Ambiguity, Conflict, or Discrepancy

Respondent must notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the Solicitation in the manner and by the deadline described in Section 4.1.3 (Written Questions).

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Respondent:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract.

b. Submits a Proposal at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.7. Changes, Modifications, and Cancellation of Solicitation TWC reserves the right to make changes to, modifications to, or cancel this Solicitation. TWC will post all Notices of cancellation or changes and modifications to the Solicitation, whether made as a result of a potential Respondent’s written inquiries or otherwise, to the TWC Procurement Portal and the ESBD.

Article V. Proposal Evaluation and Award Process

5.1. Written Proposal Evaluation

Each member of the evaluation team will read the Proposals in preparation for evaluation. The evaluation team will score all Proposals that pass initial screening (Section 5.4, Initial Compliance Screening), even if there is only one viable Proposal. Proposals will be scored against the criteria in Section 5.6 (Written Proposal Evaluation Criteria).

Proposals will be evaluated utilizing aggregated individual scoring outlined in this Article (Article V, Proposal Evaluation and Award Process). The individual evaluators’ scores will be aggregated and weighted, resulting in the Final Written Response Scores, unless BAFOs are conducted.

5.2. Conformance with State Law

Proposals shall be evaluated in accordance with Texas Government Code § 2155.074(b). TWC shall not be obligated to select the lowest priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

5.3. Evaluation Process Overview

Proposals that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Proposal. The evaluators will review the Proposals considering the criteria listed in Section 5.6 (Written Proposal Evaluation Criteria). Evaluators will individually score the Proposals.

5.4. Initial Compliance Screening

TWC will review Proposals for compliance with the responsiveness (see Attachment 4 (Proposal Submission Checklist) for a list of required information) and for demonstrated ability to meet the Minimum Qualifications (Section 5.5) required to advance to evaluations. Failure to meet the Minimum Qualifications (Section 5.5) will result in the disqualification of the Proposal.

TWC will automatically disqualify any Proposal that does not include one or more of the completed and signed (as applicable) documents listed in Attachment 4 (Proposal Submission Checklist).

All Proposals will be screened for inclusion of all required information prior to release to the evaluation team. Any non-responsive Proposal or non-responsive and/or extraneous portion of a Proposal may be excluded from further consideration for selection.

Additional information or materials included in a Proposal and not requested by TWC is considered extraneous.

5.5. Minimum Qualifications

A Respondent must meet the Minimum Qualifications listed below. Respondents that do not meet the Minimum Qualifications listed below will be disqualified from consideration.

a. Respondent must have recently been in business for a minimum of three (3) years within the past 10 years, or the principals/owners must have had ownership/executive management experience within the last three (3) years in a previous company that provided services involving installation of generators for whole buildings.

b. Respondent has submitted Form 4 – Financial Soundness Questionnaire in accordance with Section 6.4.1 Financial Soundness.

c. Respondent has submitted an HSP in accordance with Section 6.6 Hub Subcontracting Plan.

d. Respondent has submitted the Proposal in accordance with Section 4.4, (Proposal Submission and Delivery). See also the optional Proposal Submission Checklist at Attachment 4.

e. Respondent who receives an overall score on the VPTS of ” D” or below shall be disqualified from consideration for award.

5.6. Written Proposal Evaluation Criteria

TWC shall consistently evaluate and score Proposals in accordance with the following criteria. See also Attachment 3 – Evaluation Scoring Matrix.

a. Pre-Proposal Conference Attendance (15 Points) Respondent will be awarded 15 points for attendance at the Pre-Proposal Conference. Completing the information on the sign-in sheet is required to be awarded the 15 points.

b. Cost/Price or Reasonableness of Price (40 points)

c. HUB Subcontracting Plan (Pass/Fail) Completion and signing of the HUB subcontracting Plan.

d. Project Milestone…