ESBD_377739_1727372743630_303-2-01738 RFP Document.docx

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

REQUEST FOR PROPOSALS

Refrigeration Repairs and Services

RFP #303-2-01738

Dated: September 26, 2024

Proposal Due Date / Opening: October 22, 2024

Rev. 7/10/2023

Table of Contents

RFP 303-2-01738

Refrigeration Repairs and Services

1)

2) SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting responses to this Request for Proposal for the provision of refrigeration repairs and maintenance services for TFC on ice machines, walk-in coolers, walk-in freezers, hot boxes, refrigerators, other commercial appliances, and associated equipment located in various facilities throughout Texas, with most services performed in Austin, Texas as further described in Attachment H – TFC Building List. Attachment H – TFC Building List, may or may not be all inclusive; however, Vendor may provide services in each facility in which TFC provides services whether listed or not. TFC anticipates multiple awards from this solicitation. See Attachment A – Service Contract for full description of services to be provided under this solicitation.

3) CONTRACT TERM: This service shall begin on the date of the Contract, as defined below, is executed by both parties, and shall expire on August 31, 2026. The contract may be renewed for two (2) additional two (2) year renewal periods, provided the renewal is executed prior to expiration of the current contract term. Any renewals shall be in writing and at the same terms and conditions, plus any approved changes.

4) AGENCY POINT OF CONTACT: The contact listed below shall be the sole point-of-contact during this solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification.

a) Purchaser Name: Monica Presson, CTCM|CTPM

b) Purchaser Phone: (512) 463-1879

c) Purchaser Email: monica.presson@tfc.texas.gov

5) DEFINITIONS: The following definitions apply to this Request for Proposal (RFP):

6) SCHEDULE OF EVENTS: TFC reserves the right to change the dates in the Schedule of Events set forth below upon written notification to prospective Respondents through a posting of an addendum on the ESBD.

a) The solicitation process for this RFP will proceed according to the following schedule:

MANDATORY PRE-PROPOSAL

QUESTIONS

SUBMISSION DEADLINE

MANDATORY PRE-PROPOSAL CONFERENCE

i) Attendance of at least one of the scheduled pre-proposal conferences is mandatory. Only those Respondents whose names and represented firm are on the registration log shall be allowed to submit a response. Please do not be late.

ii) The MANDATORY Pre-Proposal Tele-Conference is scheduled for:

PPC1: October 8, 2024, 2:00 PM

PPC2: October 9, 2024, 11:00 AM

iii) Pre-registration for the pre-proposal tele-conference is requited. Register for the tele-conference at the link below:

PPC1: https://us02web.zoom.us/meeting/register/tZUpc-GhrDwoG9EHn1zPzl8gCywWULTlCNxc

PPC2: https://us02web.zoom.us/meeting/register/tZcucO6trzIqHNNqj4ElWOvnZeEZlUPymx9-

7) PROPOSAL REQUIREMENTS:

a) SUBMISSION REQUIREMENTS:

i) Electronic Submission: TFC is using the electronic procurement system Bonfire. Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals shall be uploaded per the instructions in Attachment K – RFP Submission Instructions and Guidelines prior to 3:00 PM on the date specified in the Schedule of Events. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFP.

ii) 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: 9607386544. See Attachment C – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

iii) Required Uploads: Respondents shall submit upload each of the following packages:

(1) Package 1 – Required Documentation:

(a) Attachment B – Execution of Proposal;

(b) Litigation History; and

(c) Addenda Acknowledgement (Signed signature block for each issued addenda)

(2) Package 2 – Scored Evaluation Materials: Should contain the following documents.

(a) Attachment G – Contractor’s Qualifications Form;

(b) Copies of Required Licenses.

(3) Package 3 – Attachment E – Compensation and Fees

(4) Online submission of HSP through HUB Compliance Reporting System (B2G)

iv) File Formats Allowed: Unless specified elsewhere, all submitted documents shall be in Adobe Acrobat (.PDF) format, version 9.0 or higher.

v) File Organization: If combining files in packages, pages should be numbered and contain an organized table of contents corresponding to each section.

vi) COSTS: Respondents to this RFP are responsible for all costs of proposal preparation and delivery and any costs associated with interview.

b) PUBLIC INFORMATION: TFC will not consider any proposal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") 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 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 submission, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14 point font, on the specific part or page of the submission which Respondent believes to be confidential. Respondents should also include in the filename the word “CONFIDENTIAL”. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. 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. Note that pricing is not considered confidential under the Texas Public Information Act. Upon award, a full tabulation that includes all submitted pricing and scores will be distributed to all Respondents. Do not mark your entire submission as “Confidential”.

c) CONTENTS: Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. Proposals submitted without all the required information may be rejected. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Proposals that fail to submit the Attachment B – Execution of Proposal, HUB Subcontracting Plan, Attachment E – Compensation and Fees, or Attachment G – Contractor’s Qualification Form shall be disqualified.

i) RELEVANT EXPERIENCE AND QUALIFICATIONS: <25 pts.>

(1) Complete and submit Attachment G – Contractor’s Qualifications Form.

(2) Assigned certified technician resumes.

(3) The following minimum requirements are required of Respondents:

(a) Out of state Respondent’s doing business in the State of Texas shall have a Certificate of Authority to do business in Texas, a copy of which shall be submitted with proposal.

ii) PROPOSED METHODOLOGY: <20 pts.> A detailed plan outlining the processes of implementation regarding the requirements of the contract.

(1) Complete and submit Attachment G – Contractor’s Qualifications Form.

iii) QUALITY & SAFETY PROGRAM: <5 pts.>

(1) Complete and submit Attachment G – Contractor’s Qualifications Form.

(2) List of training classes offered.

iv) ATTACHMENT E - COMPENSATION AND FEES: <50 pts.> Include pricing on the Attachment E – Compensation and Fees. Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered and may be cause for rejection of the proposal, at the full and sole discretion of TFC.

v) ATTACHMENT B - EXECUTION OF PROPOSAL: The Attachment B – Execution of Proposal shall be completed as directed, signed by the individual or an authorized agent of the business entity submitting the proposal, and returned with the proposal. Failure to sign where indicated will result in disqualification of proposal.

vi) ADDENDA ACKNOWLEDGEMENT: Respondents should acknowledge receipt of all addenda to this RFP by returning a signed copy of each addendum with the submitted proposal.

vii) LITIGATION: <Pass/Fail>

(1) Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.

(2) Respondents involved in litigation, depending upon the circumstances of the litigation, may be disqualified at the sole discretion of TFC.

viii) INSURANCE: Prior to the commencement of work under this Contract, Vendor agrees to carry and maintain insurance in the types and amounts required during the term of the contract, to furnish certificates of insurance including corresponding policy endorsements, and make available, at no cost to TFC, copies of policy declaration pages as evidence thereof, if requested. Any questions concerning insurance requirements may be submitted TFC’s Insurance Analyst by email to: insurance@tfc.state.tx.us.

i) HUB SUBCONTRACTING PLAN: 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. 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:

· 26.0% for other service

Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan is required as a part of the Respondent's Proposal. The Respondent shall develop and administer a HUB Subcontracting Plan as a part of the Respondent's Proposal. Failure to complete and submit the HUB Subcontracting Plan shall result in rejection of the response.

(1) As mandated by 34 TAC § 20.285 Respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements.

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

(3) The HUB Subcontracting Plan shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HUB Subcontracting Plan 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 HUB Subcontracting Plan; and (d) TFC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

(4) If TFC determines that the Respondent failed to implement the HUB Subcontracting Plan in good faith, TFC, in addition to any other remedies, may report non-performance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

(5) HUB subcontracting opportunities may be available in the following NIGP** 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://mycpa.cpa.state.tx.us/commbook/

(6) 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 compliance is met. The output document is the same format as the State of Texas Comptroller of Public Accounts requires HSP form.

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

(8) For assistance regarding HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.state.tx.us

(9) 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.

8) QUESTIONS:

a) All non-HUB related questions shall be submitted through Bonfire Porta by the date and time specified in the Schedule of Events above.

b) All questions will result in written responses posted in an addendum to the ESBD and Bonfire.

c) It is the responsibility of the interested parties to periodically check the ESBD for updates to the solicitation prior to submitting a proposal. Respondent’s failure to periodically check the ESBD or acknowledge addenda will in no way release the respondent from any obligations detailed in the addenda. Any additional costs incurred to meet the requirements of the RFP are the sole responsibility of each respondent.

d) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

9) PROPOSAL SUBMISSION:

a) Submittals shall be uploaded via the Bonfire link in Attachment K – RFP Submission Instructions and Guidelines prior to 3:00 PM Central Time on the date specified in the Schedule of Events. There is a 1000 MB limit on individual file size.

b) All proposals shall be fully uploaded and submitted by 3:00 PM on the date specified in the Schedule of Events above. TFC reserves the right to accept late submittals.

c) Telephone, facsimile, and email proposals will not be accepted.

d) Any issues with uploading shall first be addressed with Bonfire Technical Support at the contact information included in Attachment K – RFP Submission Instructions and Guidelines. Contact the Purchaser if there are issues with the site prior to the deadline for alternate arrangements if needed. Failure to contact the purchaser prior to the deadline to make alternative arrangements will disqualify any subsequent submittal of response.

10) PROPOSAL OPENING:

a) Only the names of the Respondents will be made available after the opening date and time.

b) All submitted Proposals become the property of TFC after the RFP submittal deadline/opening date.

c) Proposals submitted shall constitute an offer for a period of ninety (90) days or until award is made by TFC, whichever occurs earlier.

11) PROPOSAL EVALUATION AND AWARD:

a) TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP.

b) When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in Subsection (d) below.

c) TFC also reserves the right to solicit any service that would normally be performed using this contract if it deems that by doing so would be in the best interest of the State of Texas.

d) An evaluation committee will be established to evaluate the submitted proposals. The committee will include employees of TFC and may include other persons invited by TFC to participate. By submitting a proposal in response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the proposals may involve some subjective judgments by the evaluation committee. The Evaluation Committee will evaluate and score each proposal based upon the following criteria:

e) The Evaluation Committee will determine if BAFOs are necessary. Award of the contract may be made without BAFOs. A request for a BAFO is at the sole discretion of TFC and will be extended in writing.

f) In evaluating proposals 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, CPA’s 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. In addition, Respondents involved in litigation with TFC or another State agency may be disqualified.

g) Based on ranking determined by the scores, TFC may conduct interviews and/or oral presentations with those firms determined to be the most qualified. Such interviews are intended to:

i) confirm the information contained in the proposal;

ii) evaluate Respondent’s methodology and work plan for the contract; and

iii) evaluate the structure of contract team including qualifications of individual team members and other subcontractors. Scoring of the interview may replace part or all of the scoring of the proposal.

h) Based on these and other factors which may apply, TFC in accordance with the TGC, Section 2156.121, will enter into the contract with the Respondent(s) that is determined to be most appropriate for the services to be provided, but if an agreement cannot be reached, may proceed with the next ranked Respondent, and so on as provided by statute.

i) TFC reserves the right to award or not award the contact if no responses are deemed acceptable and may re-solicit as determined necessary in the best interest of the State of Texas.

j) 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.

k) Public Disclosure: News or social media releases pertaining to this RFP 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 RFP and the disqualification of the Respondent to respond to any re-solicitation.

l) State Auditor’s Right to Audit: The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

m) Order Precedence: In the event of conflicts or inconsistencies between this RFP and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Purchase Order issue as a result of this solicitation, Attachments to RFP, Request for Proposal, and Respondent’s response to RFP.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

RFP No. 303-2-01738 Refrigeration Repairs and Services

ATTACHMENT A – SERVICE CONTRACT

Provided for reference only. Do not submit with proposal.

(Posted on the ESBD)

ATTACHMENT B - EXECUTION OF PROPOSAL

Must be signed and returned with response. Failure to submit Attachment B – Execution of Proposal through the Bonfire online system will result in disqualification of submitted response.

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

Instructions on how to complete and submit your HUB Subcontracting Plan.

Failure to submit an HSP through B2G online system will result in disqualification of submitted response.

B2G Access CODE: 9607386544

(TO BE ATTACHED AS “EXHIBIT E” TO SERVICES CONTRACT)

ATTACHMENT D – HUB QUICK INFORMATION

ATTACHMENT E - COMPENSATION AND FEES

Must be filled out in its entirety and returned with response. Failure to submit Attachment E – Compensation and Fees through the Bonfire online system will result in disqualification of submitted response.

(TO BE ATTACHED AS “EXHIBIT B” TO SERVICES CONTRACT)

ATTACHMENT F – EXAMPLE INVOICE

ATTACHMENT G - CONTRACTOR’S QUALIFICATIONS FORM

Must be filled out in its entirety and returned with response. Failure to submit Attachment G – Contractor’s Qualifications Form through the Bonfire online system will result in disqualification of submitted response.

ATTACHMENT H – TFC BUILDING LIST

(TO BE ATTACHED AS “EXHIBIT A” TO SERVICES CONTRACT)

ATTACHMENT I - CRIMINAL BACKGROUND CHECKS AND APPLICATION GUIDELINES

Provided as reference material. Criminal background checks are only required from awarded vendor for staff that will perform services on-site.

Available on the TFC Forms Index as document ‘5E’ https://www.tfc.texas.gov/divisions/facilities/prog/construct/formsindex/

(TO BE ATTACHED AS “EXHIBIT C” TO SERVICES CONTRACT)

ATTACHMENT J - BONDS

Provided as reference material only. No bonds are required for proposal submission.

Available on the TFC Forms Index as documents ‘2a’ and ‘2b’ https://www.tfc.texas.gov/divisions/facilities/prog/construct/formsindex/

(TO BE ATTACHED AS “EXHIBIT D” TO SERVICES CONTRACT)

ATTACHMENT K - RFP SUBMISSION INSTRUCTIONS AND GUIDELINES

Opening Date: October 22, 2024 @ 3:00 PM CT

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Commodity Codes

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

2. Upload your submission at:

https://tfcstate.bonfirehub.com/opportunities/147874

The Question period for this opportunity starts Sep 26, 2024 3:00 PM CDT. The Question period for this opportunity ends Oct 11, 2024 12:00 PM CDT. You will not be able to send messages after this time.

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Oct 22, 2024 3:00 PM CDT. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Texas Facilities Commission uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us image2.png image1.png