ESBD_363502_1722290569634_HHS0014827 RFP Revised per Addendum No. 3.pdf

HHSC Solicitation No. HHS0014827 (Revised per Addendum No.3)

Cecile E. Young, Executive Commissioner

REQUEST FOR COMPETITIVE SEALED PROPOSALS

FOR A GENERAL CONTRACTOR

Project 20-104-ABL-B Generator Replacement at Abilene SSLC

RFP No. HHS0014827 (Revised per Addendum No. 3)

Date of Release: June 17, 2024 Proposals Due: August 13, 2024

HUB Subcontracting Plans Due: August 14, 2024

NIGP Class/Item Codes:

910-52: Maintenance and Repair Services, Building

912-40: Demolition Services 936-39: Generators, Portable and Stationary, Including Parts and Accessories Maintenance and Repair

Revised: January 2024 Page 2 of 27

TABLE OF CONTENTS

Section 1 – General Information, Historical Background, and Requirements

1.1 General Information

1.2 Historical Background

1.3 Definitions

1.4 Public Information

1.5 Respondent Waiver – Intellectual

Property

1.6 Type of Contract

1.7 Changes, Addenda, or Modification

1.8 Informalities

1.9 Questions

1.10 Clarifications

1.11 Exceptions

1.12 Assumptions

1.13 Submission of Proposals

1.14 Point-of-Contact

1.15 Standards of Conduct for Vendors

1.16 Prohibited Communication

1.17 Evaluation of Proposals

1.18 Other Information

1.19 Initial Compliance Screening

1.20 Owner’s Reservation of Rights

1.21 Acceptance of Evaluation Methodology

1.22 No Reimbursement for Costs

1.23 Pre-Proposal Conference

1.24 Facility Site Visit and Walk Through

Logistical Information

1.25 Interviews

1.26 Questions or Requests for Clarification

by Owner

1.27 Eligible Respondents

1.28 HUB Subcontracting Plan

1.29 Protest

Section 2 – Project Information and Schedule of Events

2.1 Project Location, Summary, and Budget

2.2 Schedule of Events

Section 3 - Requirements for Competitive Sealed Proposals

3.1 Minimum Qualifications

3.2 Selection Criteria

Section 4 - Format of Proposals and Submission Checklist

4.1 General Instructions

4.2 Formatting and Page Size

4.3 Table of Contents

4.4 Pagination

4.5 Submittal Checklist

Section 5 – Solicitation, Contract, and Construction Documents

5.1 Bidding Requirements and Documents

5.2 Required Response Information

5.3 Disclosure of Interested Parties

5.4 Secretary of State Certificate of Fact

5.5 Construction Documents and

Distribution

Section 6 – General Terms

6.1 Governing Law and Venue

6.2 Force Majeure

6.3 Refund

List of Exhibits

Exhibit A - Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects Exhibit B - Historically Underutilized Business Submittal Requirements Exhibit C - Draft General Construction Services Contract including:

Attachment A - Contract Affirmations for State Architectural/Engineering and Construction Projects Attachment B - Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions Attachment C - Project Special Conditions Attachment D - Facility Specific Policies Attachment E - Prevailing Wage Rates Attachment F – Respondent’s Pricing and Execution of Proposal Form Attachment G – Respondent’s HSP Attachment H1 – Revised Project Drawings Attachment H2 - Project Manual Attachment H3 - Updates to Project Drawings per Addendum No. 3 Attachment I – Negotiated Modifications to the Proposal

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Attachment J – Uniform Terms and Conditions, Vendor

Exhibit D - Exceptions and Assumptions Form Exhibit E - Respondent’s Information, Disclosures, and Financial Form

Exhibit F - Respondent’s Pricing Proposal Form Exhibit G - Evaluation Tool Exhibit H – Campus Map

REQUEST FOR COMPETITIVE SEALED PROPOSALS

SECTION 1 – GENERAL INFORMATION, HISTORICAL BACKGROUND, AND

REQUIREMENTS

1.1 General Information

The Health and Human Services Commission (“Owner”), for and on behalf of its Health and Specialty Care System Division (“HSCS”), is soliciting Competitive Sealed Proposals (“Proposals”) for selection of a General Contractor (“Contractor”) to provide general construction and construction administration services to the Owner for Project No. 20-104- ABL-B, Generator Replacement at Abilene SSLC (the “Project”), in accordance with the terms, conditions, and requirements set forth in this Solicitation.

1.1.1 This Solicitation is being issued to select a Contractor for the Project as provided by Texas Government Code, Section 2155.144(b-2) and Chapter 2269, Subchapter D.

1.1.2 The Owner will select the Proposal that offers the “best value” for the agency based on the published selection criteria and on its ranking evaluation. The Owner will first attempt to negotiate a Contract with the selected Respondent. The Owner may discuss with the selected Respondent options for a scope or time modification and any price change associated with the modification. If the Owner is unable to reach a Contract with the selected Respondent, the Owner will formally end negotiations with that Respondent and proceed to the next qualified Respondent in the order of the selection ranking until a contract is reached or all Proposals are rejected, and the Solicitation is canceled.

1.2 Historical Background

The Owner is responsible for oversight of all Texas Health and Human Services agencies, which includes overseeing and coordinating the planning and delivery of health and human services programs throughout the state of Texas. For more information about the Owner, its programs, or its facilities, please visit https://hhs.texas.gov.

As part of its responsibilities, the Owner owns and operates 13 state supported living centers and 10 state hospitals (the “Facilities”) across the State of Texas. The Owner offers programs at the Facilities 24 hours a day, 7 days a week, 365 days a year in both urban and rural settings. Facility programs and operations fall under the direction of HSCS. There are 24 campuses (note one facility has two separate campuses) with a total of 1,490 buildings encompassing approximately 9 million square feet of space. Construction dates for the Facilities range from 1857 to 2023, with new or planned construction in Terrell, Wichita Falls, Amarillo, San Antonio, Harlingen, Lubbock, and El Paso. A majority of the Facilities’ buildings are serviced and connected by aging utility, roadway, walkway, cabling, https://hhs.texas.gov/

Revised: January 2024 Page 4 of 27 mechanical, electrical, and plumbing systems, and other such infrastructure. Many buildings have been renovated, modified, and added to over time with many now serving different purposes than when originally designed and built. In addition to Life Safety Codes, State Fire Marshal, and other such requirements, the Facilities (depending on program) may be subject to Centers for Medicare and Medicaid Services and/or the Joint Commission standards and inspections.

1.3 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. Refer to Exhibit C, Draft General Construction Services Contract and attachments to Exhibit C for additional definitions (e.g., Change Order, Contract Documents, Contractor, Deliverable, Effective Date, Project, Services, and Work).

“Addendum/Addenda” means written clarification(s) or revision(s) to this RFP issued by the Owner.

“Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) deemed confidential under state or federal confidentiality laws.

“Contract” means the agreement entered into by the Owner and selected Respondent, which may incorporate the contents of this RFP and the selected Respondent’s Proposal, except as specifically provided to the contrary in the Contract and any amendments to the Contract.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000.00 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“HHSC” or “Owner” means the Health and Human Services Commission established under Texas Government Code Chapter 531, its officers, employees, and authorized agents.

“HUB” means Historically Underutilized Business, as defined by Texas Government Code Chapter 2161.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000.00 or more where subcontracting opportunities have been determined by the state agency to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“Proposal” means all information and materials submitted by a Respondent in response to this RFP. Also, may be referred to as “Submittal” and “Solicitation Response” in this Solicitation, exhibits, attachments or Addenda.

“Public Information Act Copy” means an additional copy of a Respondent’s Proposal that has been redacted (blacked out) by the Respondent as set out in Section 1.4.1.3 of this Solicitation.

http://www.txsmartbuy.com/esbd

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“Respondent” means the entity responding to this RFP.

“RFP” means this Request for Competitive Sealed Proposals including any exhibits, attachments and Addenda, if any. Also may be referred to as “Solicitation” in this RFP, exhibits, attachments or Addenda.

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

“Texas Health and Human Services agencies” or “HHS” as used in this Solicitation, exhibits, attachments or Addenda, means both HHSC and the Texas Department of State Health Services, separately or combined.

1.4 Public Information

1.4.1 Solicitation Responses and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post contracts and Solicitation Responses on its public website and to provide such information to the Legislative Budget Board for posting on its public website.

Under the PIA, certain information is protected from public release. If Respondent asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Respondent must:

1.4.1.1 Mark Original Solicitation Response:

a. Mark the Original Solicitation Response, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

b. Mark the bottom of each page on the Solicitation Response that contains information that Respondent claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL INFORMATION”;

c. Identify, adjacent to each portion of the Solicitation Response that Respondent claims is exempt from public disclosure, the claimed exemption from disclosure;

d. Do not redact any content in the Original Solicitation Response;

1.4.1.2 Certify in Original Solicitation Response Exhibit A – HHS Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects, v. 2.0: Certify, in the designated section of the HHS Solicitation Affirmations, Respondent’s confidential information assertion and the filing of its Public Information Act Copy; and

1.4.1.3 Submit Public Information Act Copy of the Solicitation Response:

Submit a separate “Public Information Act Copy” of the Original Solicitation Response (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

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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 Times New Roman font or larger);

b. Each portion of the Solicitation Response that Respondent claims is exempt from public disclosure must be redacted (blacked out); and

c. Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Solicitation Response as required in Section 1.4.1.1(c), above.

The only difference in required markings and information between the Original Solicitation Response and the “Public Information Act Copy” of the Solicitation Response will be redactions - which can only be included in the “Public Information Act Copy.” (There must be no redactions in the Original Solicitation Response).

1.4.2 By submitting a Solicitation Response, Respondent agrees that, if Respondent does not mark the Original Solicitation Response, provide the required certification in the Exhibit A – HHS Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects, and submit the Public Information Act Copy, Respondent’s Solicitation Response will be considered to be public information that may be released to the public without notice to the Respondent in any manner including, but not limited to, in accordance with the Public Information Act, posted on HHSC’ public website, and posted on the Legislative Budget Board’s public website.

1.4.3 If a Respondent submits partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this section, HHSC, in its sole discretion and in any Solicitation, reserves the right to request a new “Public Information Act Copy” or clarification concerning potentially confidential information during contract negotiations.

1.4.4 Respondent should not submit a Public Information Act Copy indicating that the entire Solicitation Response is exempt from disclosure. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable.

1.4.5 A Solicitation Response should not be marked or asserted as copyrighted material.

If Respondent asserts a copyright to any portion of its response, by submitting a response, 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 Solicitation Response to individuals making a PIA request for the response.

1.4.6 HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Respondent acknowledges that all information, documentation, and other materials submitted in the Solicitation Response may be subject to public disclosure under the PIA. HHSC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings

Revised: January 2024 Page 7 of 27 of the Office of the Texas Attorney General. 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. HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

1.4.7 For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, please refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, please visit the attorney general’s website at http://www.texasattorneygeneral.gov.

1.5 Respondent Waiver – Intellectual Property

SUBMISSION OF ANY DOCUMENT TO HHSC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF

TEXAS, HHSC FROM ANY CLAIM OF INFRINGEMENT BY HHSC REGARDING

THE INTELLECTUAL PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD

PARTY FOR ANY MATERIALS SUBMITTED TO HHSC BY RESPONDENT.

1.6 Type of Contract

The Contract will be in the form of the Owner’s General Construction Services Contract in Exhibit C, which incorporates by reference all attachments referenced therein including, but not limited to, Attachment B, Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions (“General Conditions”) to Exhibit C of this Solicitation and awarded under this RFP as a fixed price contract.

1.7 Changes, Addenda, or Modification to RFP

The Owner reserves the right to change or modify any provision of this RFP by addenda, or to withdraw this RFP at any time prior to award if it is in the best interest of the Owner. Any such revisions will be posted on the ESBD. It is the responsibility of Respondent to periodically check the ESBD to ensure full compliance with the requirements of this RFP.

1.8 Informalities

The Owner reserves the right to waive minor informalities in a Proposal if it is in the best interest of the Owner. A “minor informality” is an omission or error that, in the Owner’s determination if waived or modified when evaluating Proposals, would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Proposal or RFP requirements.

1.9 Questions

The Owner will allow written questions and requests for clarification of this RFP. Questions must be submitted in writing and sent by email to the Owner’s Point-of-Contact listed in

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Section 1.14. Respondents’ names will be removed from questions in any responses released.

Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

a. Identifying RFP number

b. Section Number

c. Paragraph Number

d. Page Number

e. Text of Passage being questioned

f. Question(s)

Note: Questions or other written requests for clarification must be received by the Point-of-Contact by the deadline in the Schedule of Events. Please provide company name, address, phone number, e-mail address and name of contact person when submitting questions.

1.10 Clarifications

Respondents must notify the Owner’s Point-of-Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in the RFP in the manner and by the deadline for submitting questions. If a Respondent fails to properly and timely notify the Owner’s Point-of-Contact of such issues, the Respondent submits its Proposal at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the RFP and any resulting Contract, (2) shall not contest the interpretation by Owner of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction. Responses to questions or other written requests for clarification may be posted as addenda on the ESBD. The Owner reserves the right to modify addenda prior to the deadline for submission of Proposals. It is Respondent’s responsibility to check the ESBD. The Owner also reserves the right to decline to answer any question or questions or to provide a single consolidated response for one or more questions at the Owner’s sole discretion.

1.10.1 Requests for clarification regarding Revised Project Drawings (Attachment H1 of

Exhibit C) and Project Manual (Attachment H2 of Exhibit C) shall be communicated through the Owner’s Point-of-Contact, identified in Section 1.14 below. Any response from the Owner will be in the form of an Addendum, which will be posted to the ESBD and shall be acknowledged by the Respondent on the Respondent’s Pricing Proposal Form (Exhibit F).

1.10.2 Respondents shall consider only those clarifications and interpretations to the

(Attachment H1 of Exhibit C) and Project Manual (Attachment H2 of Exhibit C) that the Project Architect/Engineer issues through the Point-of-Contact, identified in Section 1.14 below, by Addendum. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Proposals.

1.11 Exceptions

The Owner will consider more favorably Proposals that offer no or few exceptions, reservations, or limitations to the terms and conditions of this RFP.

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1.11.1 Respondent shall carefully review the Owner’s draft Contract (Exhibit C) and all attachments. Respondent must expressly state in its Proposal all terms and conditions of the Owner’s draft Contract (including any contract attachments) that Respondent will require to be changed before Respondent will sign the Contract.

However, Respondent must be willing to accept Owner’s draft Contract without change or modification or, if Respondent will require changes, Respondent must provide all draft language it proposes for each change requested. In addition to proposed edits, Respondent must provide a reasonable and articulable explanation of why the Respondent requests each change. Redlining Owner’s draft Contract or its attachments or providing a statement with the intent or an implication that the Contract will require further discussion is insufficient.

1.11.2 If a Respondent includes exceptions in its Proposal, Respondent is required to use the Exceptions and Assumptions Form included as Exhibit D to this RFP and provide all information requested on the form. Any exception for which the Respondent does not provide all required information without qualification in the format set forth in Exhibit D may be rejected without consideration.

1.11.3 Respondents are highly encouraged, in lieu of including exceptions in their Proposals, to address all issues that might be advanced by way of exception by submitting such issues to the Owner as questions or requests for clarification. Any exception included in a Proposal may result in a Respondent not being awarded a Contract.

1.11.4 No exception, nor any other term, condition, or provision in a Proposal that differs, varies from or contradicts the terms and conditions in this RFP will be considered to be part of any Contract resulting from this RFP unless expressly made a part of the Contract in writing by the Owner.

1.11.5 A Proposal should be responsive to the RFP as worded, not with any assumption that any or all terms, conditions, or provisions of the RFP will be negotiated.

Furthermore, all Proposals constitute binding offers. Any Proposal submitted in response to this RFP that includes any type of disclaimer or other statement indicating that the Proposal does not constitute a binding offer may be disqualified.

1.12 Assumptions

Respondent must identify on the Exceptions and Assumptions Form, Exhibit D, any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the RFP. The Owner reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by the Owner.

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1.13 Submission of Proposals

1.13.1 Proposal and HSP Deadline and Location: The Owner will receive Proposals and HSPs at the times and location described below.

Proposal: Tuesday, August 13 by 10:30 a.m. Central Time HSP: Wednesday, August 14 by 10:30 a.m. Central Time

Express / Overnight/ Priority Mail:

Health and Human Services Commission Attn: Response Coordinator Tower Building Room 108 1100 W. 49th St., MC 2020

Austin, Texas 78756

Hand Delivery Address:

Health and Human Services Commission Procurement and Contracting Services

Attn: Bid Room Coordinator 1100 West 49th Street, Mail Code 2020

Austin, Texas 78756

Label:

RFP No. HHS0014827

Purchaser’s Name Will Andres Due Date and Time: XXXXX Name of Company: XXXXX

1.13.1.1 Submit one electronic copy of the Original Proposal and if applicable, one electronic copy of the Public Information Act Copy, on one or two USB Flash Drive(s) that are labeled “Proposal” and “PIA Copy.” The Respondent’s signed Pricing Proposal Form must be included within the Proposal.

1.13.1.2 If an HSP is required, Respondent must submit in accordance with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule §20.285(b)(2) and as specified herein. Submit one electronic copy of the Exhibit B, HSP, on one separate USB Flash Drive(s) that is labeled

“HSP.”

1.13.1.3 Submit security bond in separate sealed envelope within the Proposal package referenced in Section 1.13.5.

1.13.1.4 If using GPS to locate 1100 W. 49th Street, the proper location may not be accurate depending on the GPS service. To locate the PCS Building, please specify the following street address within your smartphone's GPS App:

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5189 Grover Ave.

Austin, TX 78756

The above residential address corresponds to ⑤ on the map below.

When you reach this location, you will be immediately adjacent to parking lot 7, east of Grover Ave.

Look for the single-story, beige-colored building, adjacent to the large parking lot. The hand delivery location has signage attached to the exterior wall of the building stating: PROCUREMENT & CONTRACTING SERVICES, BLDG. F, and is indicated on the map above with arrows.

Proceed to parking lot 8 (east side of this Building) and walk to the “East Entrance.” The Solicitation Response becomes the property of HHSC after submission and will not be returned to Respondent.

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1.13.2 Late submissions will be returned to the Respondent unopened. The Owner will not be held responsible for any Proposal that is mishandled prior to receipt by Owner.

It is Respondent’s responsibility to mark appropriately and deliver the Proposal to the Owner by the specified date and time. The Bid Room Coordinator identified in Section 1.13 will identify the official time clock at the Proposal submittal location identified above.

1.13.3 Respondent must deliver its Proposal and HSP material by one of three methods:

(i) U.S. Postal Service, by express mail or priority mail; (ii) overnight delivery by common carrier; or (iii) hand delivery to the address listed above by the deadline stated in Section 1.13.1. The Owner will not acknowledge or receive any submissions that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.13.4 Properly submitted Proposals and HSPs will not be returned to the Respondents.

1.13.5 Proposals and HSP materials must be enclosed in a sealed envelope, box, or container addressed to the Bid Room Coordinator identified in Section 1.13.1; the Proposal package must clearly identify the Submittal deadline, the RFP Number, Point-of-Contact, and the name and return address of the Respondent.

1.13.6 Properly submitted Proposals will be opened publicly and the names and any monetary proposals will be read aloud after the HSPs, if applicable to the RFP, are received by the Owner.

1.13.7 Prior to the RFP submission deadline, a Respondent may: (1) withdraw its Proposal by submitting a written request to the Owner’s Point-of-Contact; or (2) modify its Proposal by submitting a written amendment to Owner’s Point-of-Contact.

1.14 Point-of-Contact

All requests, questions, or other communication about this RFP shall be made in writing via email to the following individual, as the Owner’s representative and Point-of-Contact for this RFP. The Owner takes no responsibility for a potential Respondent’s emails that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any HHSC antivirus or other security software. All other communications between Respondents and other Owner staff members or the project Architect/Engineer(s) concerning the RFP are strictly prohibited. Failure to comply with these requirements may result in disqualification of Respondent’s Proposal.

Name Will Andres, CTCM, CTCD Title PCS Purchaser Address Procurement and Contracting Services Building

1100 W. 49th St., Mail Code 2020 Austin, TX 78756

Phone 512-776-2899 Email will.andres@hhs.texas.gov mailto:will.andres@hhs.texas.gov

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1.14.1 The only exception to the Point-of-Contact is the HUB Coordinator. Any questions relating to the HUB Subcontracting Plan must be directed to the HUB Coordinator Bob McCurdy at bob.mccurdy@hhs.texas.gov.

1.15 Standards of Conduct for Vendors

Pursuant to Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter D, Rule §391.405(a), Contractors, Respondents, and vendors interested in working with HHSC are required to implement standards of conduct for their own personnel and agents on terms at least as restrictive as those applicable to HHSC. These standards must adhere to ethics requirements adopted in rule, in addition to any ethics policy, or code of ethics approved by the HHSC executive commissioner. A Respondent must sign and submit all ethics, disclosure, confidentiality, and other forms required under the procurement and any resulting contract.

The standards of conduct must include the ten standards of ethical conduct set forth in Section I of the HHS Ethics Policy, located at https://www.hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-ethics-policy.pdf, and requirements to comply with ethical standards set forth in federal and state law (including, but not limited to, Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter D, Rule §391.405(a)).

Standards of conduct of any Contractor, Respondent, or vendor may be reviewed and/or audited by the State Auditor and HHSC. The Contractor, Respondent, or vendor must cooperate with the review and/or audit. Additionally, pursuant to Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter D, Rule §391.405(a), HHSC may examine a Respondent’s standards of conduct in the evaluation of a bid, offer, proposal, quote, or other applicable expression of interest in a proposed purchase of Goods or Services.

Any vendor, Contractor, or Subcontractor, that violates a provision of Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter D may be barred from receiving future contracts or have an existing contract canceled. Additionally, HHSC may report the vendor’s actions to the Comptroller of Public Accounts for statewide debarment, or law enforcement.

1.16 Prohibited Communication

On issuance of this RFP, except for the written inquiries for questions and clarifications, the Owner, its representative(s), or authorized representatives will not answer any questions or otherwise discuss the contents of this RFP with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through the Owner’s Point-of-Contact. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this RFP. Failure to comply with these requirements may result in disqualification of Respondent’s Proposal.

1.17 Evaluation of Proposals

mailto:bob.mccurdy@hhs.texas.gov

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Proposals shall be evaluated in accordance with Texas Government Code, Section 2155.144(d) and Chapter 2269. The Owner shall not be obligated to accept the lowest priced Proposal but shall make an award to the Respondent that provides the “best value” to the state of Texas. When considering “best value” and award, Owner reserves the right to set a minimum point requirement regarding the weighted qualifications criteria listed in Section

3.2. Proposals shall be consistently evaluated and scored in accordance with the requirements described in this RFP and in Exhibit G, Evaluation Tool. Forty percent (40%) of the evaluation will be based on the Respondent’s Pricing Proposal Form (Exhibit F); the remaining evaluation will be based on the Respondent’s qualifications. All responsive Proposals will be reviewed, evaluated, and ranked by the Owner.

1.18 Other Information

The Owner may contact references provided in response to this RFP, Respondent’s clients, or solicit information from any available source, including owner’s and/or Architect/Engineer’s familiar with Respondent’s work on past projects, opposing litigant from a public proceeding or their counsel, and the Comptroller’s Vendor Performance Tracking System.

1.19 Initial Compliance Screening

The Owner will perform an initial screening of all Proposals received. Unsigned Proposals and Proposals that do not meet minimum qualifications or do not include all required forms and information may be subject to rejection without further evaluation.

1.20 Owner’s Reservation of Rights

The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.21 Acceptance of Evaluation Methodology

By submitting Proposals in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent may require subjective judgments by the Owner.

1.21.1 The Owner reserves the right to reject any Proposal if the Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the Owner’s estimate of the construction cost.

1.22 No Reimbursement for Costs

Respondents understand that issuance of this RFP in no way constitutes a commitment by Owner to award a Contract or to pay any costs incurred by a Respondent in the preparation

Revised: January 2024 Page 16 of 27 of a response to this RFP. The Owner is not liable for any costs incurred by a Respondent prior to issuance of or entering into a formal agreement, Contract, or purchase order. Costs of developing a Proposal, preparing for or participating in interviews and 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.

1.23 Optional Pre-Proposal Conferences/Webinars and Mandatory Site Visits

HHSC will conduct one optional pre-proposal webinar that will be held at the dates and times described below. Attendance at the pre-proposal webinar is optional. Attendance at the site visit is mandatory.

Optional Pre-Proposal Webinar:

Tuesday, June 25, 2024 at 2:00 p.m. Central Time

Please register for the webinar at:

https://attendee.gotowebinar.com/register/339355907393795934

After registering, you will receive a confirmation email containing information about joining the webinar.

1.24 Facility Site Visit and Walk Through Logistical Information

All Respondents are required to attend one Facility Site Visit as specified in Section 2.2 (Schedule of Events). Potential Respondents should be prepared to complete one of the scheduled tours; additional tours will not be offered.

a. Site Visit no. 1:

Wednesday, June 26, 2024 at 9:00 a.m. Central Time Pre-registration is requested to allow for space accommodations.

Please register for the site visit at: https://forms.office.com/r/yuLSFQMaA8

b. Site Visit no. 2:

Thursday, June 27, 2024 at 9:00 a.m. Central Time Pre-registration is requested to allow for space accommodations.

Please register for the site visit at: https://forms.office.com/r/uBTycDxff0

Visitors will check in at the Main Entrance and proceed to the Maintenance Building 681, where they will meet with Abilene SSLC staff. See Exhibit H - Campus Map.

https://attendee.gotowebinar.com/register/339355907393795934 https://forms.office.com/r/yuLSFQMaA8 https://forms.office.com/r/uBTycDxff0

Revised: January 2024 Page 17 of 27

1.25 Interviews

The Owner may require an interview from any or all Respondents. Respondents will be provided with advance notice of any such interview and are responsible for their own presentation equipment. Failure to participate in the interview, if required, may eliminate a Respondent from further consideration. The Owner is not responsible for any costs incurred by the Respondent in preparation for any interview. A singular non-competitive interview of the highest scoring Respondent is a clarification exercise based upon the Respondent’s initial proposal and is not scored: it is a final award consideration to determine if the agency wants to initiate contract negotiations with that Respondent. If deemed necessary and appropriate by Owner, evaluation and scoring of competitive interviews from selected acceptable, or potentially acceptable, Respondents may be used. A competitive interview process is a secondary evaluation method that is scored. Scores from a competitive interview process will replace the scoring of the initial evaluation, and will serve as the final selection tool, using the initial evaluation criteria defined in Section 3.2.2.

1.26 Questions or Requests for Clarification by Owner

The Owner reserves the right to ask questions or request clarification from any Respondent at any time during the RFP process, including during interviews or site visits.

1.27 Eligible Respondents

Only companies or lawfully formed business organizations may apply. This does not preclude a Respondent from using subcontractors. The Owner will contract only with the individual, company, or formal business organization that submits a Proposal.

1.28 HUB Subcontracting Plan

It is the policy of the Owner, and all Texas Health and Human Services agencies, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses in all contracts. Accordingly, the Owner includes a HSP when subcontracting opportunities are probable and a contract has an expected value of $100,000.00 or more. The HSP is applicable for the life of the contract, including any subsequent amendments and renewals after award of the contract as related to the original HSP. If the Owner determines that subcontracting opportunities are probable, then Respondents are required to submit a completed HSP. Failure to submit a required HSP will result in rejection of the Proposals.

Additional information regarding the applicability of the HSP requirement is set forth in Exhibit B.

1.29 Protests

Protests relating to the purchase of goods and services by Owner are governed by the Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C.

SECTION 2 – PROJECT INFORMATION AND SCHEDULE OF EVENTS

2.1 Project Location, Summary, and Budget

Revised: January 2024 Page 18 of 27

Project Location: Abilene State Supported Living Center 2501 Maple Street Abilene, Texas 79602

Project Summary: The scope of work includes, but is not limited to, the following:

Furnishing all layout, survey, plant, labor, supervision, quality control, materials, equipment, machines, tools, appliances, services, supplies, and incidentals and of performing all operations in connection with this project for generator replacement, in strict accordance with these plans, specifications, and the contract documents.

For complete project information, refer to Attachments H1, Revised Project Drawings and H2, Project Specifications of Exhibit C - Draft General Construction Services Contract.

Project Estimate: The approximate cost for construction of the Project is $4,680,000.

2.2 Schedule of Events

Event Date/Time Issuance of the RFP Monday, June 17, 2024 Optional Pre-Proposal Webinar Tuesday, June 25, 2024

2:00 p.m. Central Time Mandatory Site Visit #1 Wednesday, June 26, 2024 at 9:00 a.m. Central Time

OR

Mandatory Site Visit #2 Thursday, June 27, 2024 at 9:00 a.m. Central Time Deadline for submitting Questions Wednesday, July 3, 2024 by 5:00 p.m. Central Time

Deadline for Courtesy HSP Review Monday, August 5, 2024 by 12:00 p.m. Central Time

Deadline for submission of Proposals (NOTE: Proposals MUST be RECEIVED by Owner by the deadline.)

Tuesday, August 13, 2024 by 10:30 a.m.

Central Time

Deadline for submission of HSP (NOTE: HSPs MUST be RECEIVED by Owner by the deadline.)

Wednesday, August 14, by 10:30 a.m. Central Time

Opening of Proposals - Proposals will be publicly opened by Webinar at the date and time specified. Webinar Link is:

https://attendee.gotowebinar.com/register/3841661081674497887 Respondents’ pricing information will be sent by email.

Thursday, August 15, at 10:00 a.m. Central Time

Anticipated Notice of Award Monday, September 16 Anticipated Contract Start Date September 2024 https://attendee.gotowebinar.com/register/3841661081674497887

Revised: January 2024 Page 19 of 27

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the Deadline for Submission will be published by posting an Addendum to the ESBD. After the Deadline for Submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any contract that may result from this Solicitation.

SECTION 3 – REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS

3.1 Minimum Qualifications (Pass or Fail)

Respondents must meet the minimum qualifications listed below. The Owner, in its sole discretion, may reject Proposals that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential Contract.

3.1.1 Respondent must:

a. Submit a completed Proposal in accordance with Section 5;

b. Affirm by its signature on Exhibit F, Respondent’s Pricing and Execution of

Proposal Form, that Respondent’s personnel, including subcontractors, who will be assigned to the Project have all licenses and permits required to perform the work described;

c. Affirm by its signature on Exhibit F that it has been in business for a minimum of five years, or the principals/owners must have a minimum of five years recent ownership/executive management experience in a previous company that provided construction services of similar scope and complexity;

d. Affirm by its signature on Exhibit A, Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects, acceptance to be bound by all state of Texas required contract clauses.

e. Submit a letter of intent from a surety company indicating Respondent is financially solvent, adequately capitalized, and able to obtain performance and payment bonds for the entire construction cost of the proposed project. The information submitted must indicate Respondent’s total bonding capacity, available bonding capacity and current backlog;

f. Submit a compliant HSP, as set forth in Section 1.28;

g. Submit references for three listed projects of comparable scope and complexity.

References shall be considered relevant based on specific project participation https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

Revised: January 2024 Page 20 of 27 and experience with the Respondent. The Owner may contact references during any part of this RFP process. The Owner reserves the right to contact any other references at any time during the RFP process; and

h. Submit a security bond in the form of a cashier’s check, certified check, or original bid bond payable to the Health and Human Services Commission, in an amount not less than 5% of the largest possible total proposed cost, including consideration of alternates, to be held by the Owner’s representative in accordance with Section 6 of Exhibit F. No other form of security will be accepted.

3.2 Selection Criteria

Proposals shall be consistently evaluated and scored in accordance with the following steps:

3.2.1 Level 1 Evaluation (Pass or Fail)

Level 1 evaluation begins with determining whether a Proposal meets the minimum qualifications listed in Section 3.1 including review of Respondent’s financial stability and risk (Exhibit E, Respondent’s Information, Disclosures, and Financial Form).

3.2.2 Level 2 Evaluation

Level 2 continues with further review of the responsive Proposals submitted based on the evaluation criteria in Exhibit G, Evaluation Tool. Each Respondent must provide all information required for evaluation as set forth within Section 5 of the RFP. The evaluation criteria categories are:

a. Relevant Construction Service Ability and Experience - Evaluation

Criteria 1.1, 1.2, and 1.3 (30% Value)

b. Quality and Safety Programs - Evaluation Criterion 2.1 (5% Value)

c. Proposed Methodology- Evaluation Criteria 3.1, 3.2, 3.3, 3.4, and 3.5

(25% Value)

d. Respondent’s Pricing Proposal - Evaluation Criterion 4.1 (40% Value)

(Exhibit F, Respondent’s Pricing Proposal Form)

SECTION 4 – FORMAT OF PROPOSALS AND SUBMISSION CHECKLIST

4.1 General Instructions

4.1.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the Respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the Owner’s needs. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Respondent should focus on the instructions and requirements of the RFP.

4.1.2 Proposals shall consist of answers to questions and statements referenced throughout the RFP. It is not necessary to repeat the RFP requirement in the Proposal response;

Revised: January 2024 Page 21 of 27 however, the RFP section number should be included in the corresponding answer or with any submitted information.

4.1.3 Respondent shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection.

4.1.4 Proposals and any other information submitted by Respondent in response to this

RFP shall become the property of the Owner.

4.1.5 Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

4.1.6 The Owner makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this RFP. Any awarded Contract is subject to appropriations and the continuing availability of funds. The Owner reserves the right to cancel, make partial award, or decline to award a Contract under this RFP at any time in its sole discretion. Further, the Owner reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any items/requirements from this RFP when deemed to be in Owner's best interest.

4.1.7 Proposals shall consist of answers to questions referenced in Section 5 of the RFP.

It is not necessary to repeat the question in the Proposals; however, it is essential to reference the question number with the corresponding answer.

4.1.8 Proposals received without the information and documentation required in this RFP may be DISQUALIFIED. The Owner, in its sole discretion, will review all Proposals received and determine if any Proposals will be disqualified or if additional time will be permitted for submission of the incomplete or missing documentation. If additional time will be permitted, Respondents will be notified in writing of the opportunity to provide the missing documentation by a specified deadline. Failure by a Respondent to submit the requested documentation by the deadline WILL result in disqualification.

4.2 Formatting and Page Size

4.2.1 Proposals shall be digitally formatted for letter-size (8-1/2” x 11”) and combined into a single document, when possible, with divider pages before each section.

4.2.1.1 ALL DOCUMENTS SHALL BE SUBMITTED AS A SEARCHABLE

ADOBE® PDF FILE. HOWEVER, IF RESPONDENT IS UNABLE

TO SUBMIT A SEARCHABLE PDF FILE, IT SHOULD SUBMIT

DOCUMENTS IN MICROSOFT OFFICE® FORMATS (WORD®

AND EXCEL®) OR IN A FORM THAT MAY BE READ BY

MICROSOFT OFFICE® SOFTWARE, EXCLUDING ANY

DOCUMENTS WITH SIGNATURES THAT SHALL BE

SUBMITTED AS A PDF FILE.

Revised: January 2024 Page 22 of 27

4.2.1.2 HHSC IS NOT RESPONSIBLE FOR DOCUMENTS THAT

CANNOT BE READ OR CONVERTED. UNREADABLE

PROPOSALS MAY BE, AT HHSC’S DISCRETION, REJECTED AS

NONRESPONSIVE.

4.2.2 Additional attachments shall NOT be included with the Proposals.

4.2.3 Separate and identify each evaluation criteria response to Section 3 of this RFP by use of a divider sheet with…