ESBD_406275_1743611119489_RFP 0004520 ADD #1.docx

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

REQUEST FOR PROPOSAL

FOR

TFC State Surplus Store Electrical Modifications

PROJECT #24-055-4201

RFP # 0004520 Addendum #1

Posting Date: 3/31/2025

Proposal / HSP Due Date: 04/30/2025, 3:00 PM

RFP # 0004520

TFC State Surplus Store Electrical Modifications Addendum #1

Table of Contents

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SECTION I – GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter §2269 Subchapter D, Competitive Sealed Proposal Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is soliciting proposals for TFC State Surplus Store Electrical Modifications, Project 24-055-4201, located at 6506 Bolm Road in Austin, TX. The project scope consists of demolishing existing low voltage panels in the building and replacing them with new panels as shown on plans. The distribution feeders from the main distribution panel to the low voltage panels will be removed and replaced with new in existing conduit. All work associated with the demolition and installation of the panels will fall under the scope of the Contractor. Installation of a new main switchboard with connections for the existing solar panels will need to be installed by the Contractor. The Contractor must coordinate with The Utility Company on any shutdowns and reconnection of the existing solar equipment. The Contractor must also coordinate the shutdown with the Owner. A manual transfer switch with an integrated docking station is to be installed by the Contractor.

2) ESTIMATED BUDGET: The estimated construction budget for the services described in the Request for Proposal (RFP) is Four Hundred Thousand Dollars ($375,000.00).

3) CONTRACT TERM: Construction is required to commence at 6:00PM on 08/22/2025 through 6PM 08/31/2025 for shutdown and installation.

4) 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 Construction Services Contract shall apply.

1. 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 of 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:

a. Purchaser Name: Omar Casas, CTCD, CTCM

b. Purchaser Phone: 512-463-1861

c. Purchaser Email: omar.casas@tfc.texas.gov B.) Secondary Contact:

a. Purchaser Name: James Gonzalez, CTCD, CTCM

b. Purchaser Phone: 512-936-0647

c. Purchaser Email: james.gonzalez@tfc.state.tx.us

5) DEFINITIONS: list definitions specific to this solicitation

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

SECTION II – STATEMENT OF WORK

1) PROJECT DESCRIPTION: Provide all materials, equipment, labor, coordination and supervisory activities necessary to complete construction of the project as more fully described in the Attachment D – Project Manual, and Attachment E – Project Drawings, which include specifications, drawings, and other contract documents, prepared by the A/E of record, Huitt Zollars, and TFC.

2) ESBD POSTING: Documents are available for review on the state of Texas Electronic State Business Daily (ESBD) at http://www.txsmartbuy.gov/esbd. Select ‘Texas Facilities Commission - 303’ from the Agency Name drop-down box and ‘Posted’ from the Status drop-down box.

3) ASBESTOS ABATEMENT: For the consideration of this RFP, TFC is assessing any known asbestos materials in the existing facility to be abated prior to demolition and construction. Any asbestos abatement of the building is to be considered outside of the construction contract and budget of this RFP.

4) SATISFACTORY UNDERSTANDING: Respondents will be held to have studied the plans and specifications, to have visited the proposed work site, to have satisfactory understanding regarding all existing conditions and measurements, and to have included in the Attachment B – Contractor’s Proposal Form an amount sufficient to cover all work including permits, fees, etc.

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

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

b. Subcontracting shall be at the respondent’s expense.

c. TFC retains the right to check subcontractor’s background and make determination to approve or reject the use of submitted subcontractors.

d. The respondent shall be the only contact for TFC and subcontractors. Respondent shall list a designated point of contact for all TFC and subcontractor inquiries.

SECTION III – SCHEDULE OF EVENTS, CONFERENCES AND SITE VISITS

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

Mandatory Pre-Submittal conferences On Site

1st PSC 2nd PSC

04/11/2025, 1:00 PM, Friday 04/14/2025, 1:00 PM, Monday 04/15/2025, 1:00 PM, Tuesday

2) MANDATORY PRE-PROPOSAL CONFERENCES: Mandatory pre-submittal conferences will be held on Monday, April 14th, 2025, at 1:00 PM and Tuesday, April 15th, 2025 at 1:00PM. The conferences will be held at 6506 Bolm Road in Austin, TX. Meet at the front of the Store. Respondents must have an employee of their firm attend at least one (1) of the two (2) pre-submittal conferences. TFC shall reject qualifications submitted by firms that did not attend one of the mandatory pre-submittal conferences.

3) SITE VISIT: Will immediately follow the Proposal Conferences.

SECTION IV – SUBMISSION REQUIREMENTS

1) ELECTRONIC SUBMISSIONS:

a) BONFIRE SUBMISSION: TFC is using the eProcurement Bonfire Interactive. Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals shall be uploaded per the instructions in Attachment H – Bonfire Submittal Instructions 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 RFQ.

b) 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: 6508129161. See Attachment C – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

2) REQUIRED DOCUMENTS: Respondents shall submit documentation through the TFC Bonfire portal link as specified in item 2 of Attachment I – Bonfire Submission Instructions. Requested documentation includes:

a) Package 1: Required Documentation

1) Attachment G – Non-Collusion Affidavit

2) Acknowledgement of Addenda.

3) Electronic Bid Bond with Associated Power of Attorney.

4) Litigation History.

b) Package 2: HUB Subcontracting Plan

1) Evidence of submission of HSP in B2G online system (Screen print, confirmation email, etc.)

c) Package 3 – Qualification Documentation

1) Company Information.

2) Attachment C – Contractor’s Qualification Form.

3) Relevant Experience and Qualifications.

4) Proposed Methodology.

5) Quality Control & Safety Program; and

d) Package 4 – Pricing

1) Attachment A – Contractor's Proposal Form

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

f) File format shall be as indicated in Attachment I – Bonfire Submittal Instructions.

3) PROPOSAL COSTS: Respondents to this RFP are responsible for all costs of proposal preparation and delivery.

4) CONTENTS: Below is a summary of required information. Proposals submitted without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment A – Contractor's Proposal Form, the Attachment B – Contractor’s Qualification Form, the HUB Subcontracting Plan, the Attachment G – Non-Collusion Affidavit, and the Bid Bond shall be returned with the response. Failure to do so shall result in disqualification.

A) Company Information: <Pass/Fail> Including, but not limited to the following:

1) Company description

2) Ownership information

3) Physical and Mailing addresses

4) Other company locations/offices

5) Primary Contact

6) Office and mobile telephone number, and email address of company’s Primary Contact

7) 11-Digit State of Texas Vendor Identification Number

8) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years.

9) 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.

10) 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.

11) 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, why.

12) Indicate if your company has had a contract terminated for default or convenience within the past five years. If so, explain the circumstances and resolution.

B) Relevant Experience and Qualifications: <25 pts.>

13) Relevant Experience:

(Complete and submit the Attachment B – Contractor’s Qualification Form. The form can be obtained electronically at the TFC website: http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ Document #1, Index of Forms.

(A) Provide free-form narrative that describes in detail any qualifications and other projects not enumerated on Attachment B – Contractor’s Qualifications Form.

(B) Particularly indicate your firm’s experience with the following:

(1) Installation of Austin Energy Photovoltaic equipment and interconnection to existing power system.

(2) Installation of generators and docking station

(3) Installation of Lighting Inverters for Emergency lighting

14) Project Team:

(A) Demonstrate the Company’s or Individual’s relevant experience to the type of work solicited in the RFP.

(B) Names of top management and key employees and each person’s duties. Identify the Project Manager and Superintendent for this project. Include the background and experience of these key employees.

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

15) Budget/Schedule Compliance: On the Attachment B – Contractor's Qualification Form, Contractor shall demonstrate their ability to meet schedule completion dates and maintain project budgets.

(A) For the five (5) most relevant recently completed projects within the past five (5) years, contractor shall demonstrate experience in meeting completion date schedules by providing the original construction duration and final construction duration on their last five projects. Provide the location of 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 recently completed projects as above, contractor shall demonstrate experience in maintaining construction budgets by providing the awarded budget and the final completion budget. Variances of 5% or more shall be explained for the reason in exceeding the stated awarded budget.

16) Minimum Qualifications:

(A) Out of State contractors 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 from Owners and A/E firms that are familiar with contractor’s performance, depending on problems encountered, may be grounds for disqualification.

b) Proposed Methodology: <20 pts.>

1) Proposed Methodology: A detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFP Scope of Work into a realized and finished project. This shall include, but not be limited to:

(A) Processes and techniques used to understand the Statement of Work.

(B) Problem solving, issue tracking, and punch list management.

(C) Value engineering approach.

(D) Maintaining budgets and schedules.

(E) Staff sizing and roles.

(F) Company workload in proportion to the Project outlined in the Statement of Work; and

(G) Coordination of work with subcontractors and/or consultants.

(H) Awareness of equipment lead times.

(I) Communication/Coordination during the construction process.

c) Quality Control Program & Safety Program: <5 pts.>

1) Quality Control:

(A) Provide the name and job title of the person who oversees the quality control program.

(B) Describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved.

(C) Describe policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule.

(D) TFC reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

2) Safety Program and Safety Record:

(A) Safety Program:

(1) Indicate the name and job title of the person in your organization who manages your safety program.

(2) Provide a description of your firm’s safety program.

(3) TFC reserves the right to require a copy of your safety manual if your firm's proposal is scored within the highest range of proposals, which will become a Contract Document after award.

(B) Contractor’s Safety Record:

(1) Provide the company’s workers' compensation experience modification rate (EMR) for the last five years as part of the submittal. This shall be submitted in your response on your insurance carrier’s letterhead.

d) Litigation: <Pass/Fail>

1) Provide details of all past or pending litigation or claims filed against Respondent within the past five (5) years. Large national or global entities may submit litigation history for only the local or regional that will be providing services under this contract, if awarded.

2) Respondents involved in litigation, depending upon the circumstances, may be disqualified.

e) Attachment G – Non-Collusion Affidavit: The Attachment G – Non-Collusion Affidavit must be enclosed with the submitted proposal. The Attachment G – Non-Collusion Affidavit form can be obtained electronically at the following link: http://tfc.state.tx.us/divisions/facilities/prog/construct/formsindex, the ‘Forms Index’, Document #3.

f) Attachment A – Contractor's Proposal Form: Provide pricing on the Attachment A – Contractor’s Proposal Form. Respondents may not add qualifications, conditions, clarifications or exceptions to the proposal. Any such representation by the respondent may be cause for rejection of the proposal at the full and sole discretion of TFC.

g) Acknowledgement of Addenda: Receipt of all addenda to this RFP shall be acknowledged by returning a signed copy of the signature page of each addendum with the response. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting qualifications. 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 RFP.

h) Bid Bond:

1) Respondents shall submit an electronic bid bond and associate Power of Attorney for the Texas Facilities Commission in the sum of not less than 5% of base bid amount of the proposal. No other form of security will be accepted. Respondent must submit a hard copy of the Bid Bond within three (3) business days of proposal opening. Address for submission is Texas Facilities Commission, Attention Procurement, 1711 San Jacinto Blvd Austin TX, 78701.

2) Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security will be forfeited to TFC. Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required security bonds and insurance coverage.

3) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their bids will be honored after this ninety (90) day period.

i) Insurance Requirements for Contractors: The insurance requirements, located in the Attachment F – Construction Services Contract Template, shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements. Questions regarding insurance can directed to TFC's Insurance Analyst at insurance@tfc.texas.gov.

j) HUB Subcontracting Plan:

1) 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:

(A) 11.2% for heavy construction other than building contracts,

(B) 21.1% for all building construction,

(C) 32.9% for all special trade construction contracts,

(D) 23.7% for professional services contracts,

(E) 26.0% for all other services contracts, and

(F) 21.1% for commodities contracts.

2) 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. Failure to complete and submit the HUB Subcontracting Plan shall result in rejection of the response.

3) As mandated by 34 TAC § 20.285 Respondents must submit an HUB Subcontracting Plan 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).

4) 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.

5) The HUB Subcontracting Plan 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.

6) 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).

7) 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/

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.state.tx.us.

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.

k) AP-152 Form: Complete and submit the Attachment H – AP-152 Form.

5) INQUIRIES:

a) All inquiries shall be submitted through the Bonfire Portal as specified in Attachment I – Bonfire Submittal Instructions.

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

c) Any respondents finding discrepancies between the drawings and specifications, or in doubt as to their exact meaning, shall notify TFC at once. TFC, may then, as an option, issue addenda clarifying same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications. Any respondent who has objections to the use of a material, appliance or method of construction as shown or specified, shall register written objections with purchaser. In the case of contradictory work item requirements between documents, the more stringent requirement shall apply.

d) Upon issuance of this RFP, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential vendor or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal.

SECTION V – PROPOSAL SUBMISSION

1) Proposals shall be uploaded via the Bonfire link in Attachment I – Bonfire Submittal Instructions prior to 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, allow enough time to upload the documents into the Portal.

2) Follow the submittal instructions specified in the Attachment I – Bonfire Submittal Instructions.

3) Facsimile and email submittals are not acceptable responses to the RFP.

4) Respondents having difficulty using the Bonfire portal should contact the support number contained in the Attachment I – Bonfire Submittal 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.

5) 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 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 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. 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. Do not mark your entire proposal as “CONFIDENTIAL”.

6) 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 / 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) The intent of TFC is to award a contract to the vendor whose proposal is considered to provide ‘best value’ to the state. When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

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 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 RFP, Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee.

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

5) When considering vendor qualifications, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in paragraph 4 above.

6) The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. Scoring of the interview shall be in addition to initial evaluation scores. A breakdown of the lump sum into a schedule of values based on the Construction Specifications Institute divisions of work per the Project Manual included in this RFP may be required of qualified respondents prior to the interview. 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 relevant experience and proposed involvement in the Project. Representation by the Project Manager and the Superintendent is a critical component of the interview.

c) Agenda questions for the interview will be provided by TFC requiring an elaboration of company relevant experience and qualifications, proposed methodology, and quality and safety programs.

7) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.155 (b), (c). Award of a contract may be made without negotiations, if in the best interest of the State. The evaluation committee will evaluate the finalists and make a recommendation for award. If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent 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 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, the Vendor Performance Tracking System available at http://www.txsmartbuy.gov/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.

9) ADDITIONAL DOCUMENTATION FROM AWARDED CONTRACTOR:

A) Execution of an appropriate Contractor’s contract.

10) 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 awarded.

11) 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.

12) PROTESTS: Protests 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.

13) ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Proposal, and Respondent’s Response to Request for Proposal.

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ATTACHMENT A – CONTRACTOR'S PROPOSAL FORM

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS WHICH DO NOT INCLUDE THIS ATTACHMENT SHALL BE DISQUALIFIED. THE PROPOSAL SHALL BE DISQUALIFIED IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

Proposing Firm's Name

Address

City, State ZIP

Having carefully examined the RFP, solicitation documents, drawings and specifications for the referenced project, as well as the premises and conditions affecting the work, as prepared by A/E firm, we hereby propose to furnish all labor, materials, equipment, coordination and supervisory activities necessary to complete the work for the following amounts and times.

Base Time: The respondent, by the signature of their authorized representative below, further agrees that, if awarded the contract, the work will be substantially complete within the calendar days indicated herein following the date of a Notice to Proceed.

Base Time 90 calendar days

By signature hereon, the Respondent certifies that:

1. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment F – Construction Services Contract Template and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days as required by the contract, TFC may retain as forfeit the Bid Bond in the sum of 5% of Base Bid Amount and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

2. Liquidated Damages: Should the respondent fail to complete the work within the contract period, including all officially approved extensions thereto, the Owner has determined liquidated damages at $2000.00per day.

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: Contractor certifies that it will comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; and (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. 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. Contracts with Former or Retired Agency Employees: Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Respondent will not allow any former employee of TFC to perform services under any contract resulting from this Solicitation during the twelve (12) month period immediately following the employee’s last date of employment from 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 business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

17. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

18. Employment of Lobbyist: Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

19. Disclosure of Interested Parties: Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Execution of Submittal apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation. Respondent represents and warrants that if selected for award of a contract as a result of the Solicitation, Respondent will submit to Agency a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

20. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

21. Texas Corporate Franchise Tax Certification: Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

22. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

23. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

24. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

25. Excluded Parties: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

26. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity.