7-RFQ 0006148 CMT for TJJD Final.pdf

TEXAS FACILITIES COMMISSION

P. O. Box 13047 Austin, Texas 78711-3047

REQUEST FOR QUALIFICATIONS

CONSTRUCTION MATERIALS TESTING (CMT) AND SPECIAL

INSPECTIONS FOR THE TEXAS JUVENILE JUSTICE DEPARTMENT

NEW FACILITIES

RFQ #0006148

PROJECT #24-43-2558

Posting Date: August 5, 2025

Submittal / Opening Date: September 2, 2025 @ 3:00 PM

Contents

SECTION I - GENERAL

1. SCOPE

2. CONTRACT TERM

3. STATE FUNDING

4. AGENCY POINT OF CONTACT

5. DEFINITIONS

SECTION II - PROJECT DESCRIPTION

SECTION III - STATEMENT OF WORK

SECTION IV – SCHEDULE OF EVENTS

1. SCHEDULE OF EVENTS:

2. MANDATORY PRE-SUBMITTAL TELECONFERENCES:

3. SITE VISIT (Optional)

SECTION V – SUBMITTAL REQUIREMENTS

1. ONLINE SUBMITTAL OF QUALFICATIONS

2. HUB SUBCONTRACTING PLAN (HSP) SUBMISSION

3. REQUIRED DOCUMENTS

4. CONTENTS:

5. INQUIRIES

6. SUBMISSION DEADLINES

7. RECEIPT OF SUBMITTALS

SECTION VI - EVALUATION AND AWARD

SECTION VII – POST SUBMITTAL REQUIREMENTS

1. ADDITIONAL DOCUMENTATION FROM SELECTED FIRM

2. RIGHT TO AUDIT:

3. PUBLIC DISCLOSURE

4. PROTESTS

5. ORDER PRECEDENCE:

ATTACHMENT A - EXECUTION OF SUBMITTAL

ATTACHMENT B – A/E QUESTIONNAIRE FORM

ATTACHMENT C – HUB COMPLIANCE REPORTING SYSTEM – Online HSP Process Guide

ATTACHMENT D – PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT E – TFC CRIMINAL BACKGROUND CHECK AND APPLICATION GUIDELINES

ATTACHMENT F-1 – TJJD PROGRAM OF REQUIREMENTS FOR MENTAL HEALTH YOUTH DATED

1-31-25

ATTACHMENT F-2 – TJJD PROGRAM OF REQUIREMENTS FOR VIOLENT AND AGGRESSIVE YOUTH

DATED 1-31-2025

ATTACHMENT F-3 – TJJD PROJECT IMPLEMENTATION PALN DATED 1-31-2025

ATTACHMENT G – MATERIALS TESTING SCOPE OF WORK BREAKDOWN

ATTACHMENT H – BONFIRE SUBMISSION INSTRUCTIONS

CMT & Special Inspections for the TJJD New Detention Facilities

SECTION I – GENERAL

1. SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter A, Professional Services, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting submittal of qualifications to provide construction material testing (CMT) services for Texas Juvenile Justice Department’s Project # 24-43-2558 to construct two new detention facilities; one in Ellis County and one in Brazoria County.

2. CONTRACT TERM: It is the intention of TFC to award a Contract for full prime CMT and Special Inspections services for the term of the project. Services undertaken pursuant to this RFQ will be required to commence within ten (10) calendar days of delivery of a Notice to Proceed. The Project associated with the services requested in this solicitation is anticipated to be approximately thirty (30) months or substantial completion in Summer 2028.

3. STATE FUNDING: This Contract is contingent upon the continued availability of funding. If funds become unavailable 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 Professional Services Agreement shall apply.

4. AGENCY POINT OF CONTACT: The primary contact listed below shall be the sole point of contact during this solicitation, with the exception of HUB-related questions which are to be forwarded to HUB@tfc.texas.gov. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification. If the primary contact is unavailable to answer questions in relation to this project, the secondary contact may be contacted for assistance.

A. Primary Contact:

1) Purchaser Name: James Gonzalez, CTCD, CTCM

2) Purchaser Phone: 512-936-0647

3) Purchaser Email: james.gonzalez@tfc.state.tx.us

B. Secondary Contact:

1) Purchaser Name: Omar Casas, CTCD, CTCM

2) Purchaser Phone: 512-463-1961

3) Purchaser Email: omar.casas@tfc.state.tx.us

5. DEFINITIONS:

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

B. AAMA 501.2: Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, and Sloped Glazing Systems mailto:HUB@tfc.texas.gov mailto:james.gonzalez@tfc.state.tx.us mailto:omar.casas@tfc.state.tx.us

C. Architecturally Exposed Structural Steel (AESS): steel elements intentionally left exposed to the view in a building's interior or exterior.

D. ASTM E779: Standard Test Method for determining air leakage rate by fan pressurization.

E. ASTM E2174: Standard practice for on-site inspection of installed firestop system.

F. Electronic State Business Daily (ESBD): the designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.gov/esbd

G. Good Faith Effort: Effort required by vendors when completing the HUB Subcontracting Plan, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs:

1) Using strictly HUBs for all subcontracting needs,

2) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB vendors,

3) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response,

4) Self-Performing Contract (performing all work with own materials and labor), or

5) Utilizing a Mentor Protégé relationship (a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé agreements click on link:

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

H. Historically Underutilized Business (HUB): A business who certified with the Comptroller of Public Accounts by meeting the following requirements: 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American, American woman, and/or United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with a proportionate interest that actively participates in the control, operations and management of the entity’s affairs.

I. HUB Subcontracting Plan (HSP): The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

J. Owner: The Texas Facilities Commission.

http://www.txsmartbuy.gov/esbd https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

K. Project Management Firm (PMF): The firm designated by the Owner authorized to represent the Owner during the performance of the contract. PMF is Kitchell.

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

SECTION II - PROJECT DESCRIPTION

1. Provide construction material testing services during all phases of the Project, from construction documents through the warranty phase(s). This project involves the design and construction of two advanced juvenile justice facilities for the Texas Juvenile Justice Department (TJJD). With a budget of $200 million, the project aims to modernize the juvenile detention system in Texas by creating secure, rehabilitative environments for youth offenders. These facilities will be strategically located in urban areas to enhance accessibility and community integration in two independent 30+ acre sites. One site will be located in Waxahachie, Texas (Ellis County); the other site will be located in Rosharon, Texas (Brazoria County).

The primary objectives of the project include the construction of modern facilities with cutting-edge security and rehabilitative technologies, the creation of specialized care environments for youth with severe mental health issues and violent behaviors, and the integration of the facilities within urban settings to maintain proximity to families and provide employment opportunities for staff. Sustainability will be a key focus, with the incorporation of eco-friendly design principles to minimize environmental impact and promote energy efficiency.

The facilities will feature therapeutic spaces, including therapy rooms, counseling offices, and group session areas to support mental health and rehabilitation.

Educational facilities such as classrooms, vocational training centers, and libraries will provide comprehensive educational opportunities and skill development for the youth.

Recreational areas, both indoor and outdoor, will be included to encourage physical activity and social interaction. Secure yet comfortable residential units will be designed to ensure the safety of residents and staff while minimizing an institutional atmosphere. Advanced security infrastructure, including surveillance systems and controlled access points, will maintain order and safety within the facilities.

Both sites will prioritize accessibility via public transportation and major roadways to facilitate family visits and staff commutes. Community impact considerations will involve engaging with local communities to address concerns, integrate the facilities into the urban fabric, and create local employment and community program opportunities. Environmental assessments will be conducted to ensure minimal disruption to local ecosystems and compliance with state and federal regulations.

This project represents a significant investment in Texas' juvenile justice system, aiming to create facilities that not only detain but also rehabilitate and educate youth offenders. Through careful planning, innovative design, and community collaboration, these new facilities will set a new standard for juvenile justice architecture in Texas.

2. Approximate cost of construction for both locations is two hundred million dollars ($200,000,000.00).

3. **See Attachment F-1 – TJJD Program of Requirements for Mental Health Youth, dated 1/31/2025; Attachment F-2 – TJJD Program of Requirements for Violent and Aggressive Youth, dated 1/31/2025; and Attachment F-3 – TJJD Project Implementation Plan, dated 1/31/2025 for additional information**

SECTION III - STATEMENT OF WORK

This Statement of Work (SOW) outlines the comprehensive scope of services to be provided by the selected Construction Materials Testing (CMT) firm for the Juvenile Justice Center project on behalf of the Texas Facilities Commission (TFC). The purpose of this engagement is to ensure that construction materials and workmanship comply with project specifications, building codes, and applicable standards over the entire construction duration of thirty (30) months.

1. Collaboration and Project Integration: The CMT firm shall serve as an independent entity within the project team, working separately from the Architect/Engineer (A/E) and Construction Manager at Risk (CMR). The firm will collaborate closely with TFC, A/E, CMR, Commissioning Agent (CxA), third-party testing firms, and trade contractors throughout all phases of the project, as outlined in the governing contract. Active coordination will be required during construction administration to ensure alignment of inspections, testing, and quality assurance measures.

2. Duration of Services: The CMT firm shall provide all required testing, observation, and inspection services continuously over a period of thirty (30) months, in accordance with the master project schedule, site conditions, and contractor sequencing.

3. Scope of Services: The scope of services shall be comprehensive in nature and shall include, but is not limited to, the following areas of materials testing and inspection:

A. Deep Foundation inspection and observation B. Structural Steel C. Concrete (includes reinforcing steel observation, post-tensioning steel observation, and observation for anchors cast in concrete) D. Tendon Stressing Records E. Structural Masonry F. Soils G. Sprayed Fire-Resistant Materials H. Fire-Resistant Penetrations and Joints

I. Ultrasonic Testing of Chilled Water Pipe Welds J. Field Testing and Inspections – Earthwork Observation and Field Density Testing K. On-site Concrete Observation/Testing L. Asphalt Observation/Testing M. Pre-Construction Testing N. Special Testing and Inspections:

1) High Strength Bolted and Welded Connections

2) Inspection of Architecturally Exposed Structural Steel (AESS) in Place

3) Field Weld Inspections

O. Firestopping Field Testing (ASTM E2174) P. Infrared Thermography Inspections of Building Envelope and Roof Systems Q. ASTM Window Chamber Testing R. Water Penetration Testing (AAMA 501.2) S. Whole Building Air Barrier Leakage Testing (ASTM E779)

4. Coordination Requirements: The CMT firm shall actively coordinate with the Commissioning Agent (CxA), A/E, and CMR throughout the construction phase to ensure proper scheduling and timely execution of all required testing and inspections.

The firm must maintain open lines of communication with the project team to adapt to construction progress and identify scheduling constraints or conflicts in real time.

5. Reference Documentation: Detailed requirements and testing procedures are further described in Attachment G – Materials Testing Scope of Work Breakdown, which forms a critical component of this Statement of Work. The CMT firm shall comply fully with the provisions outlined therein.

6. Compliance Requirements: All services rendered by the CMT firm must comply with the State of Texas non-discrimination requirements and all applicable federal and state regulations. Equal opportunity employment practices shall be maintained throughout the term of the contract.

SECTION IV – SCHEDULE OF EVENTS

1. SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below.

EVENT DATE

Issue RFQ

8/05/2025

Mandatory Pre-Submittal Conference 8/19/2025 Tuesday, 10:00 AM

(OR)

Mandatory Pre-Submittal Conference 8/20/2025 Wednesday, 10:00 AM Deadline for Submission of Questions 8/26/2025 Deadline for Submission of Qualifications &

HSP

9/02/2025 Tuesday @ 10:00 PM

Notification to Interview 9/12/2025

If Interviews are NOT required by TFC Award 10/16/2025 Execute Contract 11/17/2025

If Interviews are required by TFC Interviews of short-listed firms 9/23/2025 Award 10/16/2025 Execute Contract 11/17/2025

Per Texas Government Code Chapter 2166.203, The Texas Facilities Commission is using the RFQ ‘Issue Date’ as noted in the Schedule of Events above as the official 30-day notification requirement for an interview with a design professional firm.

2. MANDATORY PRE-SUBMITTAL TELECONFERENCES: The mandatory pre-submittal conferences will be held on Tuesday, August 19, 2025 at 10:00 AM and Wednesday, August 20, 2025 at 10:00 AM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one

(1) of the two (2) scheduled pre-submittal teleconferences. TFC shall reject submittals submitted by firms that did not attend one of the mandatory pre-submittal conferences.

A. Pre-Registration is required

B. Register in advance for the Tuesday, August 19th meeting with this link:

1) https://us02web.zoom.us/meeting/register/Yp23GvU4RBuyDqmgMdKy5Q

C. Register in advance for the Wednesday, August 20th meeting with this link:

1) https://us02web.zoom.us/meeting/register/BgOiQKCCR9-k09rFR_C06w

3. SITE VISIT (Optional): There will be no site visit for this project.

SECTION V – SUBMITTAL REQUIREMENTS

1. ONLINE SUBMITTAL OF QUALFICATIONS: TFC is using the eProcurement Bonfire

Interactive system. Respondents interested in submitting a response must register for a Bonfire account (no charge). Submittals must be submitted through TFC’s Bonfire Portal at: http://tfcstate.bonfirehub.com.

2. HUB SUBCONTRACTING PLAN (HSP) SUBMISSION: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc.gob2g.com, B2G Access Code:

3808392353. See Attachment C – HUB Compliance Reporting System – Online Process https://us02web.zoom.us/meeting/register/Yp23GvU4RBuyDqmgMdKy5Q%C2%A0 https://us02web.zoom.us/meeting/register/BgOiQKCCR9-k09rFR_C06w http://tfcstate.bonfirehub.com/ http://tfc.gob2g.com/

Guide for instructions on how to submit the HSP.

3. REQUIRED DOCUMENTS: Respondents shall upload their qualifications through the TFC Bonfire portal link as specified in item 2 of Attachment H – Bonfire Submission Instructions. Requested documentation includes:

A. Package 1 – Non-Scored Documentation:

1) Attachment A – Execution of Submittal

2) Acknowledgement of Addenda

3) Litigation History

4) Verification of online submission of HUB Subcontracting Plan through the B2G system. (Screen Print, Email Confirmation, etc. as evidence of online submission of HSP in B2G.)

B. Package 2 – Scored Documentation

1) Company Information

2) Attachment B – A/E Questionnaire Form

3) Relevant Experience and Qualifications

4) Proposed Methodology

5) Quality Assurance/Quality Control

C. Organization: Document pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

D. File Format: File format shall be as indicated in Attachment H – Bonfire Submission Instructions

E. Submittal Costs: Respondents to this RFQ are responsible for all costs of submittal preparation and delivery.

4. CONTENTS: Below is a summary of the required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State. Attachment A, Execution of Submittal, Attachment B, A/E Questionnaire Form, shall be returned and the online entry of the HSP shall be completed in B2G; failure to do so shall result in disqualification.

A. Company Information: <Pass/Fail>

Provide company information and answers to questions indicated below. Failure to provide information or providing incomplete information may be grounds for disqualification.

1) Company description;

2) Ownership information;

3) Physical and Mailing addresses;

4) Other company locations/offices;

5) Primary contact;

6) Office and mobile telephone numbers, and email of primary contact; and

7) 11-Digit State of Texas Vendor Identification Number.

8) Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years and if so, what were the dates and circumstances.

9) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, provide an explanation.

10) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If yes, specify dates, details, and circumstances.

11) Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

12) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

B. Relevant Experience & Qualifications: <50 pts.>

1) Proposed Project Team:

a. Provide an Organizational Chart for your proposed project team.

b. Provide résumés for each project team member and describe each member’s responsibilities for the Project.

c. Detail previous experience of team members working together on projects, and the firm’s previous experience working with major subconsultants proposed for this project. A matrix format is recommended.

2) Location:

a. Identify the location of your company’s office(s) that will directly support the Project.

b. Explain how responsive service will be provided.

3) Relevant Experience: Complete and submit Attachment B, A/E Questionnaire Form. The form can be obtained electronically at the TFC website:

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ Document #19, Index of Forms.

a. For the five (5) most relevant projects completed within the last five years, Respondent shall demonstrate experience in meeting completion date http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ schedules by providing the original duration and final duration on these five projects. Provide the location for each project. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

b. For the same five (5) most relevant projects completed within the last five years as above, Respondent shall demonstrate experience in maintaining budgets by providing the awarded budget and the final completion budget.

Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

c. In addition to the five most relevant projects detailed above, provide other pertinent project information, including past and current projects of comparable scope to the project solicited in this RFQ. Particularly indicate your firm’s experience with the following:

(1) Coordination of project incorporating multiple buildings and structures within secured and occupied sites;

(2) Projects involving work within highly visible public spaces;

(3) Experience working with CMRs and CxA in the coordination and scheduling of testing throughout the duration of the project;

(4) Experience working with large scale projects with varied testing procedures throughout a long construction period; and

(5) Other experience, expertise, or qualifications that distinguish you from others.

d. TFC will also consider the relevant experience and qualifications of major subconsultants/subcontractors, those proposed to perform approximately 15% or more of the project, listed on the HUB Subcontracting Plan.

Attachment B, A/E Questionnaire Form may be included in the submittal for each major subconsultants/subcontractors, and any additional company information provided as appropriate.

4) Minimum Qualifications:

a. Out of State vendors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

b. Negative responses and experiences from state client agencies, regulatory agencies, and TFC, which are familiar with the firm’s performance, depending on problems encountered, may be grounds for disqualification.

c. Prime respondent must be registered at the time of submission as an engineering firm or architectural form with the appropriate entity as per item (d) and (e) below or be disqualified.

d. In accordance with Texas Occupations Code Title 6, Subchapter I § 1001.405.

Practice by Business Entity; Registration, all Engineering firms submitting a response to this request for Qualifications must maintain current “business entity registration” with the Texas Board of Professional Engineers and Land Surveyors concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBPE Certificate of Registration with your response.

d. In accordance with Texas Administrative Code Title 22, Part 1, Chapter 1, Subchapter G, Rule §1.124, Business Registration, all Architectural firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of Architectural Examiners concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBAE Certificate of Registration with your response.

C. Proposed Methodology: <30 pts.>

Provide an outline of your firm’s process to implement the requirements of the RFQ Scope of Work into a finished project. Specifically, how will your firm approach and develop the various design challenges into one achievable, compliant and coherent project. This shall include, but not be limited to, the following:

1) Processes and techniques used to understand the Statement of Work

2) Processes and approach to planning testing throughout multiple scope packages and or construction phases

3) Developing pre-design acceptance requirements

4) Identifying issues, opportunities, and constraints

5) Maintaining budgets and schedules

6) Staff size, availability, and roles

7) Company workload in proportion to the project outlined in the Statement of

Work

8) Project tracking and contract administration

9) Research and problem-solving strategies

10) Coordination with Owner, A/E, CMR, and other consultants

11) Addressing stakeholders’ expectations

12) Provide detailed list of inspection qualifications and or certifications for the varied level of testing services to be provided

13) Typical scope of work outsourced to subcontractors and/or sub-consultants

D. Quality Assurance and Quality Control: <20 pts.>

1) Provide a description of your firm’s quality assurance program. Provide the name and job title of the person in your organization who oversees your quality assurance program.

2) Provide a description of your firm’s quality requirements and means of measurement. Provide a process flow chart on how quality is maintained and achieved.

3) Provide a description of your 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.

4) TFC reserves the right to require a copy of your Quality Assurance Program and Quality Control Manual which, if contracted, will become a Contract document.

E. Litigation History: <Pass/Fail>

1) Provide details of all past or pending litigation or claims filed involving Respondent within the past five (5) years.

2) Respondents involved in litigation or claims, depending on circumstances, may be disqualified.

F. Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal shall result in rejection of the response. No changes shall be made to bidder affirmations as listed on Execution of Submittal.

G. Addenda Acknowledgment: Receipt of all addenda to this RFQ should be acknowledged by returning a signed copy of each addendum signature page with the response. Any amendment to this procurement solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to solicitation submittal.

Respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFQ.

H. HUB Subcontracting Plan: Submittal Requirements: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return the HUB Subcontracting Plan shall result in rejection of the response. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

23.7% for professional services contracts

1) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal.

The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract.

2) As mandated by 34 TAC § 20.285 Respondents must submit a HSP that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB rules 34

TAC §20.285 (d).

3) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HSP. An incomplete HSP is considered a material failure to comply with the solicitation requirements.

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

TFC.

5) If TFC determines that the Respondent failed to implement the HSP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

6) HUB subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. 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/

CLASS-ITEM DESCRIPTION

907-83 Testing Services 925-42 Foundation Engineering 925-44 General Construction: Management, Scheduling, Cost

Estimation Engineering 925-55 Inspection, General Engineering 968-47 Inspection Services, Construction Type 992-34 Concrete Testing Services 992-36 Core Sample, not Concrete Testing Services 992-55 Miscellaneous Testing and Calibration Services 966-18 Copying Services (Reproduction)

7) Respondents must submit their HSP information and “Good Faith Effort” documentation through TFC’s HUB Compliance System (B2G). Please note that the HSP is referred to as the Utilization Plan (UP) in the TFC’s HUB Compliance System (B2G). The HUB Compliance Reporting System (B2G) is a resource tool to automate the HSP entry process. The online entry of the HSP will be in accordance with Texas Government Code (TGC), Section 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281 – §20.298 of the Texas Administrative Code (TAC). The HSP good faith effort controls are built into the HUB Compliance Reporting System, which drives the process to ensure HUB https://comptroller.texas.gov/purchasing/nigp/ compliance is met. The output document is the same format as the State of Texas Comptroller of Public Accounts requires HSP form.

8) See Attachment C - HUB Compliance Reporting System – Online HSP Process Guide for step-by-step guidance on submitting your HSP through the online system.

9) If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.texas.gov

10) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

5. INQUIRIES

A. All inquiries shall be submitted in writing to the purchaser identified above.

B. All inquiries submitted by email shall be in an editable format, i.e. typed in an email or submitted in Microsoft Word, as opposed to an un-editable format such as Adobe Acrobat .pdf files.

C. All inquiries will result in written responses with copies posted to the ESBD at http://www.txsmartbuy.gov/esbd and the Bonfire Portal.

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

E. Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC and the using agency will not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent. This restriction does not preclude discussions with TFC for the purpose of conducting business unrelated to this submittal. Failure to observe this restriction may be grounds for disqualification.

6. SUBMISSION DEADLINES

A. Submittals shall be uploaded via the Bonfire link in Attachment H – Bonfire

Submission Instructions by 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the Portal.

B. Follow the submittal instructions specified in the Attachment H – Bonfire Submission Instructions.

mailto:HUB@tfc.texas.gov http://www.txsmartbuy.gov/esbd%20and%20the%20Bonfire%20Portal.

C. Facsimile and email submittals are not acceptable responses to the RFQ.

D. Respondents having difficulty using the Bonfire portal should contact support using the contact information within Attachment H – Bonfire Submission Instructions. If unable to upload the documents to the Bonfire Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

E. TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the Texas Government Code (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process, the Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. Should trade secrets or proprietary or otherwise confidential information be included in the submitted electronic copy as referenced above, Respondent should mark the medium with the word “CONFIDENTIAL.” If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act.

F. TFC will not consider any exceptions and/or requests for modification to the proposed contract that are submitted after the date and time for submission of Respondents’ questions. Exceptions and/or requests submitted after this date cannot be considered as they create a possibility for a protest, which would delay award and execution. General statements of reservation of right to later review or negotiate additional items not included in the response prior to award will not be considered or allowed.

7. RECEIPT OF SUBMITTALS

A. Submittals will be received until the date and time established for receipt, then the portal will close. Only the names of the Respondents will be made public.

Tabulations will not be divulged until after contract award.

B. All submittals shall become the property of the State of Texas after the deadline/opening date.

C. Submittal shall constitute an offer for a period of ninety (90) days or until selection is made by TFC.

SECTION VI - EVALUATION AND AWARD

1. It is the intent of TFC to award a contract to the Respondent whose qualifications are considered to be ‘most qualified’ for the services solicited in this RFQ.

2. TFC reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award.

3. An evaluation committee will be established to evaluate the submittals. The committee will include employees of TFC and may include other impartial individuals who are not TFC employees. By submitting qualifications in response to this RFQ, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee.

4. The evaluation committee will evaluate and score each submittal based on the following criteria:

Criteria Weight Company Information Pass/Fail Relevant Experience and Qualifications 50 points Proposed Methodology 30 points Quality Assurance and Quality Control 20 points Litigation History Pass/Fail HUB Subcontracting Plan Pass/Fail Total 100 points

5. When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in paragraph 4 above.

6. The evaluation committee will determine if interviews/discussions are necessary.

Award of a contract may be made without interviews/discussions if in the best interest of the state. The evaluation committee may determine that discussions are necessary to clarify or verify a written submittal. TFC may, at its discretion, elect to have Respondents provide oral presentations/interviews of their submittal. Scoring of the interview shall be added to the initial scoring of the submittal. The following will be expected during an interview:

A. A short presentation detailing company history and projects relevant to the current project, and confirmation of information presented in the submittal.

B. Attendance by team members assigned to the project to represent themselves as to their relative experience and proposed involvement in the project. Representation by the Project Manager is essential in this interview.

C. An agenda for the interview will be provided by TFC requiring an elaboration of company relevant experience, proposed methodology, and quality program for the Project.

7. Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate a professional architectural/engineering agreement with the firm which is evaluated as the highest scoring firm, deemed the best value to the State. If the agreement cannot be executed, the negotiations will be formally terminated and TFC will 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 solicitation will be cancelled and may be re-issued.

8. In evaluating submittals to determine the best value for the State of Texas, TFC 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 TFC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

SECTION VII – POST SUBMITTAL REQUIREMENTS

1. ADDITIONAL DOCUMENTATION FROM SELECTED FIRM:

A. Professional liability insurance in a minimum amount of $1,000,000 and other standard business insurance coverage, as may be required by the Contract.

B. Should the award amount be equal to or greater than $500,000.00, Respondent shall be required to file a Disclosure of Interested Parties , Form 1295 with the Texas Ethics Commission.

C. Execution of an appropriate professional services contract.

2. RIGHT TO AUDIT: Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, TFC or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

http://www.txsmartbuy.com/vpts

3. PUBLIC DISCLOSURE: News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFQ and the disqualification of the Respondent to respond to any re-solicitation.

4. PROTESTS: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

5. ORDER PRECEDENCE: In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Amendments to the Contract (or Notice of Award), Signed Contract (or Notice of Award), Request for Qualifications, and Respondent’s Response to Request for Qualifications.

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ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT

WITH THEIR SUBMITTAL. MODIFICATIONS TO THIS DOCUMENT OR FAILURE TO

SIGN SHALL RESULT IN DISQUALIFICATION OF THE SUBMITTAL.

By signature hereon, the respondent affirms that:

RESPONDENT AFFIRMATIONS:

1. Having carefully reviewed the RFQ, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, if selected, Respondent hereby agrees to enter into negotiations with TFC and to refine the scope, and if agreement is reached, furnish proposal, furnish required proof of insurance, and execute the Attachment D – Professional Services Agreement.

2. Standard of Care for Architectural and Engineering Contractors: Pursuant to Section

2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus.

& Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

7. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

9. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

10. Former Agency Employees: In accordance with Section 2252.901 of the Texas Government Code, Respondent represents and warrants that for professional services contracts as described by Chapter 2254 of the Texas Government Code, if a former employee of TFC was employed by Respondent within one year of the employee's leaving the agency, then such employee will not perform services on projects with Respondent that the employee worked on while employed by

TFC.

11. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

12. Foreign Terrorist Organizations: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

13. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

14. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

15. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TFC Office of Internal Audit at 1-512- 463-1069 and the State Auditor's Office at 1-800-TX-AUDIT(892-8438).

16. Deceptive Trade Practices: Unfair Business Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex.

Bus. & Com. Code, Chapter 17, or allegations of any unfair…