ESBD_428085_1749852831197_00 TxDMV RFQ 608-25-91113 for Commissioning Agent.pdf

RFQ No. 608-25-91113 Page 1 of 21

REQUEST FOR QUALIFICATIONS

FOR

CAMP HUBBARD RENEWAL COMMISSIONING SERVICES

RFQ No. 608-25-91113

Date of Release: Friday, June 13, 2025

Responses Due: Monday, July 7, 2025, by 3:00 p.m. Central Time

NIGP Class/Item Code(s):

911-13 (C.I.P. (Capital Improvement Planning), Commissioning)

RESPONSES RECEIVED THAT ARE MISSING REQUIRED INFORMATION AND

DOCUMENTATION, UNSIGNED, OR AFTER THE DUE DATE AND TIME STATED

HEREIN, WILL NOT BE EVALUATED.

Prepared and Posted by:

Jason Adams, MS, CTCD, CTCM

Texas Department of Motor Vehicles

Finance and Operations Division – Purchasing Section 4000 Jackson Avenue

Austin, Texas 78731 jason.adams@txdmv.gov

RFQ No. 608-25-91113 Page 2 of 21

TABLE OF CONTENTS

SECTION ONE – GENERAL INFORMATION

1.1. Executive Summary

1.2. Background Information

1.3. Key Definitions

1.4. Legal Authority

SECTION TWO - STATEMENT OF WORK

2.1 Project Description

2.2 General Scope of Work

2.3 Systems to be Commissioned

2.4 Contract Award and Term

2.4.1 Contract Award and Execution

2.4.2 Contract Term

SECTION THREE – ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Changes, Amendment, or Modification to Solicitation

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Questions

3.3.5 Clarification

3.3.6 Responses

3.4 Solicitation Response Composition

3.4.1 Generally

3.4.2 Submission in Separate Parts

3.4.3 Page Limit and Supporting Documentation

3.4.4. Exceptions and Assumptions

3.5 Solicitation Response Submission and Delivery

3.5.1 Deadline

3.5.2 Delivery

3.5.3 Alterations, Modifications, and Withdrawals

SECTION FOUR – EVALUATION, AND AWARD

4.1 Evaluation

4.1.1 General

4.1.2 Minimum Qualifications

4.1.3 Evaluation Criteria

4.1.4 Evaluation Committee

4.2 Interviews

4.3 Negotiation

SECTION FIVE – STATEMENT OF QUALIFICATIONS

5.1 Response Content

RFQ No. 608-25-91113 Page 3 of 21

5.1.1 Title Page

5.1.2 Table of Contents

5.1.3 Company Information

5.1.4 Executive Summary

5.1.5. Relevant Experience & Qualifications (60 points)

5.1.6. Methodology (30 points)

5.1.7. Quality Assurance / Quality Control (10 points)

5.2 Litigation History

5.3 HUB Subcontracting Plan

SECTION SIX – POST SUBMITTAL REQUIREMENTS

6.1 Additional Documentation from Selected Firm:

6.2 Texas Franchise Tax; Right to Transact Business in the State

6.3 Sample Contract Signature Document

6.4 Standard of Care for Architectural and Engineering Contractors

6.5 Right to Audit

6.6 Public Disclosure

6.7 Protests

6.8 Order of Precedence

6.9 State Funding

SECTION SEVEN – LIST OF SOLICITATION EXHIBITS

RFQ No. 608-25-91113 Page 4 of 21

SECTION ONE – GENERAL INFORMATION

1.1. Executive Summary

The Texas Department of Motor Vehicles (“TxDMV”) is requesting submittal of qualifications from professional firms to provide professional commissioning services for the Construction, Acceptance and Warranty phases of the TxDMV Camp Hubbard Renewal project in Austin, Texas.

This RFQ provides Respondents with the information necessary to prepare and submit

Qualifications for consideration.

To be considered for award, a Respondent must execute Exhibit A, TxDMV Respondent’s

Preferences, Affirmations, and Solicitation Acceptance, and provide all other required information and documentation as set forth in this Solicitation.

1.2. Background Information

TxDMV is a dynamic state of Texas (“State”) agency dedicated to customer service, consumer protection, and the success of motor vehicle-related industries, and is established in accordance with Tex. Transp. Code ch. 1001. The stated mission of the agency is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.”

The public interacts with the TxDMV personnel daily to register their vehicles, obtain license plates, acquire parking placards for disabled drivers, address complaints associated to the motor vehicle industry, and more. Additionally, each year the agency registers almost 25 million vehicles; regulates vehicle dealers; credentials buses and big trucks for intrastate and interstate commerce; issues oversize and overweight permits; and awards grants to other State agencies, local governments, organizations, and concerned parties in an effort to raise public awareness of and reduce vehicle related burglaries and thefts.

For more information about TxDMV please visit https://www.txdmv.gov/.

1.3. Key Definitions

Refer to Exhibit B, TxDMV Uniform Terms and Conditions, for additional definitions.

Additionally, as used in this Solicitation or any exhibit or attachment incorporated and made part of this Solicitation, the following terms and acronyms have the meaning set forth below, unless the context clearly indicates otherwise. All other terms have their ordinary and common meaning.

“Addendum” means a written clarification or revision to this Solicitation being issued by TxDMV and posted to the ESBD. This term may also be referred to in its plural form as “Addenda.”

“A/E” means the Architect/Engineer. A/E for the project is Marmon Mok Architecture under contract with the Texas Facilities Commission.

“Contract” means the Contract awarded by TxDMV to a Contractor under this Solicitation, if any, and includes this Solicitation and any document attached hereto including the TxDMV Contract

Terms and Conditions, any Solicitation Addendum, the Contractor’s Response including the signed Respondent’s Preferences, Affirmations, and Solicitation Acceptance, any Contract https://statutes.capitol.texas.gov/docs/TN/htm/TN.1001.htm https://www.txdmv.gov/

RFQ No. 608-25-91113 Page 5 of 21 amendment, and the TxDMV Signature Document (or Purchase Order) along with any additional attachments incorporated therein.

“CMR” means the awarded Construction Manager at Risk. CMR for the project is Flintco

Construction under contract with the Texas Facilities Commission.

“CxA” means Commissioning Agent and may also be identified as the Professional Services

Provider (PSP).

“ESBD” means the “Electronic State Business Daily,” an online application administered by the

Texas Comptroller of Public Accounts that is used for publishing procurement opportunities that exceed $25,000.00 in total estimated value and providing public notice of contract awards. The

ESBD may currently be accessed at: http://www.txsmartbuy.com/esbd.

“Exhibit” means the document(s) or information that are attached hereto and part of this

Solicitation, and may be included by reference and made part of any Contract that may result from this Solicitation.

“Fiscal Year” means the Texas state fiscal year from September 1st through August 31st of each year. May also be referred to as “State Fiscal Year” or “Texas Fiscal Year.” This term is not to be confused with federal fiscal year or calendar year.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas

Government Code.

“HUB Subcontracting Plan (HSP)” means the Historically Underutilized Business (HUB)

Subcontracting Plan required by Chapter 2161 of the Texas Government Code (TGC) and by Title

34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

“Owner” means the Texas Department of Motor Vehicles.

“Owner’s Designated Representative (ODR)” means the firm designated by the Owner authorized to represent the Owner during the performance of the contract. Owner’s Designated

Representative is Freese and Nichols Inc, under contract with the Texas Facilities Commission.

“Project Manager” means the individual designated by the Owner authorized to represent the

Owner during the performance of the Contract.

“Project Team” means the Owner, Texas Facilities Commission PM, ODR, CMR, A/E and its consultants.

“PSP” means the Professional Services Provider and may also be identified as Commissioning

Agent (CxA), or successful Respondent.

“Respondent” means the individual or entity that submits a Response to this Solicitation. This term also includes anyone acting on behalf of the individual or entity that submits a Response, such as an employee, representative, or agent.

http://www.txsmartbuy.com/esbd

RFQ No. 608-25-91113 Page 6 of 21

“Solicitation” means this “Request for Qualifications,” along with all other documents referenced in or attached to this Solicitation, and any addendum thereto, if any, and posted to the

ESBD, soliciting Responses for the proposed Deliverables set forth herein. May also be referred to as “RFQ.”

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

“Proposal Content” means the Respondent’s response to this Solicitation and may also be called

“Solicitation Response.”

“VPTS” means the Vendor Performance Tracking System, an online tool that shares vendor performance information between State agencies and public institutions of higher education that is maintained by the Texas Comptroller of Public Accounts. Additional information regarding

VPTS may currently be accessed at: https://www.txsmartbuy.com/vpts.

1.4. Legal Authority

TxDMV has the statutory authority to issue this Solicitation and award any Contract that may result therefrom in accordance with Chapter 2254 of the Texas Government Code, and Chapter

1001, Subchapter F, of the Texas Transpiration Code.

SECTION TWO - STATEMENT OF WORK

2.1 Project Description

The successful respondent shall serve as the Commissioning Agent (CxA) for the Owner, providing professional commissioning services during the Construction, Acceptance and Warranty phases of the TxDMV Camp Hubbard Renewal Project.

The Texas Department of Motor Vehicles will renovate and reconstruct their seven-building headquarters complex in Austin, TX located at 4000 Jackson Ave, to increase organizational efficiency and improve motor vehicle service statewide. The project is being constructed in multiple phases and includes:

• Construction of a new 141,000 SF energy efficient office building;

• Renovation of an existing 106,800 SF five floor office building;

• Demolition of four existing buildings; and

• Construction of site amenities including courtyards, landscaping, and surface parking.

Cost of construction: Estimated to be $100,000,000.00.

Schedule: CMR Notice to Proceed with Construction was issued in January 2025 and has an expected duration of 900 calendar days.

2.2 General Scope of Work

The PSP will work closely with TXDMV, TFC, ODR and collaborate with A/E, CMR, and contractors during all phases of the Project, as described in Contract. Promptly communicate with https://www.txsmartbuy.com/vpts

RFQ No. 608-25-91113 Page 7 of 21 pertinent parties, including topics regarding information needs and responses to needs of other parties.

The professional Commissioning Scope of Services includes enhanced commissioning services for construction, post-construction, and warranty phases necessary and/or reasonably inferable from Exhibit D, Owner’s Project Requirements, Exhibit C, Building Systems Narratives and

Commissioning Specifications and Exhibit E, Sample Professional Services Contract

Signature Document template.

Services are to include, but are not limited to:

2.2.1 Review of all construction documents and construction progress documentation.

2.2.2 Review and comment on contractor RFIs and submittals as required. Review

Architectural ASIs and provide comments as required in relation to commissioning.

2.2.3 Perform periodic observations of building materials and/or systems installations to observe and document findings in an inspection report.

2.2.4 Attending selected project construction meetings to obtain information on construction progress. Review project construction meeting minutes for revisions/substitutions relating to the commissioning process.

2.2.5 Coordination with TxDMV, A/E, ODR, TFC, and CMR to address issues identified during all phases.

2.2.6 Develop Acceptance Requirements for the Project in accordance with all applicable guidelines and standards.

2.2.7 Develop and update commissioning plan throughout the project.

2.2.8 Update commissioning specifications.

2.2.9 Conduct site visits and provide comments during Construction.

2.2.10 Conduct Commissioning Meetings as appropriate to phase of project. Deliver review and observation reports as appropriate.

2.2.11 Review completed Start-up Reports and completed Pre-Functional Checklists.

2.2.12 Review Test and Balance Reports and conduct verification testing on up to 20% of air devices listed in reports.

2.2.13 Coordinate and witness equipment testing, verification and documentation of correctly operating equipment and systems.

2.2.14 Provide submittal reviews, installation verification, and functional performance testing to ensure the project requirements.

2.2.15 Provide input on the overall master schedule where commissioning related tasks are to be performed.

2.2.16 Develop procedures for an issues log to track all commissioning related issues, deficiencies, and resolutions.

2.2.17 Provide access to commissioning process and document storage software for an appropriate amount of time (for unlimited number of project users with training and support for all parties using the software).

2.2.18 Develop a Systems Manual which shall include all essential information about the new building's systems and equipment, including design documentation, operational procedures, preventative maintenance details, and training materials.

Facilitate training for equipment, systems and controls with TxDMV Operations staff.

2.2.19 Provide post-occupancy Thermal Comfort Surveys during the peak cooling and peak heating times of the year. Develop and distribute a report to the design and

RFQ No. 608-25-91113 Page 8 of 21 construction teams for the appropriate action to address the occupant concerns.

Administer follow-up surveys after any resulting corrective actions.

2.2.20 Respondents project deliverables will be in the form of a final commissioning report. The commissioning report must include written narratives and other documentation of the commissioning process duties, such as written test procedures, test results, recommendations, meeting records, deficiency records, etc.

2.3 Systems to be Commissioned

The following systems and assemblies will be commissioned:

2.1.1 Fire Suppression systems.

2.1.2 Life safety and security systems

2.1.3 Fire and smoke detection systems.

2.1.4 Vertical transport systems

2.1.5 Plumbing systems

2.1.6 Mechanical systems

2.1.7 Heating, Ventilation, & Air Conditioning (HVAC) systems including smoke control and fire/smoke dampers

2.1.8 Building automation systems

2.1.9 Central utility plant and water pumping systems

2.1.10 Electrical power and lighting systems

2.1.11 Photovoltaic systems

2.1.12 Emergency power systems including generators and automatic transfer switches

2.1.13 Data and Communication systems (fire alarm, data, safety and security)

2.1.14 Uninterruptable power supply (UPS) systems

2.1.15 Irrigation systems

2.1.16 Building envelope systems

2.4 Contract Award and Term

2.4.1 Contract Award and Execution

TxDMV intends to award one Contract as a result of this Solicitation. Any award is contingent upon approval of the Executive Director or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within

15 days of TxDMV’s determination to seek to contract with that Respondent, TxDMV may negotiate a Contract with the next highest scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.4.2 Contract Term

The initial term of any Contract resulting from this Solicitation is anticipated to be from the

Contract effective date until August 31, 2028, unless extended, renewed, or terminated sooner in accordance with the terms and conditions of the Contract. TxDMV, at its sole and absolute discretion, may extend or renew any Contract awarded pursuant to this Solicitation for up to any period(s) of time, provided the Contract term, including all extensions or renewals, do not exceed five years.

RFQ No. 608-25-91113 Page 9 of 21

SECTION THREE – ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

Event Date/Time

Solicitation Posting Date to ESBD June 13, 2025

Deadline for Submitting Questions or Requests for

Clarification

June 20, 2025, at 3:00 p.m. CST

Tentative Date for TxDMV Responses to Questions or

Clarifications through Addendum Posted on the ESBD

June 24, 2025

HUB Subcontracting Plan Courtesy Review

(Encouraged but Not Required)

Deadline for Submission of Solicitation Responses

(Note: Responses must be RECEIVED by TxDMV by the deadline.)

July 7, 2025, at 3:00 p.m. CST

Anticipated Contract Start Date August 1, 2025

Respondents must submit their Responses to TxDMV 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: The above-referenced dates are tentative. TxDMV reserves the right to modify these dates at any time upon notice posted to the ESBD. Additionally, at the sole discretion of

TxDMV, 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. Each Respondent is responsible for checking the ESBD for updates.

3.2 Changes, Amendment, or Modification to Solicitation

TxDMV reserves the right to change, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to award, if it is in the best interest of the TxDMV and will post such on the ESBD. Respondents are responsible for checking the ESBD for updates to this Solicitation prior to submitting their Response and by the deadline set forth in Section 3.1.

A Respondent’s failure to check the ESBD does not release it from the requirements of any

Addenda nor permit it to increase or withdraw its Response.

If a Respondent has submitted its Response prior to an addendum being posted to the ESBD, the

Respondent may email the signed addendum to the TxDMV Sole Point of Contact identified in

Subsection 3.3.1 with a copy to purchasing@txdmv.gov before the by the deadline set forth in

Section 3.1.

The Respondent when submitting a Response, must acknowledge each Solicitation

Addendum, if any, by returning a signed copy of the Addendum with its Response. Failure to comply with this requirement may result in disqualification of the Response.

3.3 Inquiries

3.3.1 Sole Point of Contact

mailto:purchasing@txdmv.gov

RFQ No. 608-25-91113 Page 10 of 21

All requests, questions, or other communication about this Solicitation shall be made in writing to

TxDMV, addressed to the person listed below (“Sole Point of Contact”). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of

Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the

Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Jason Adams, MS, CTCD, CTCM

Contract Specialist

(512) 465-4181 mailto:jason.adams@txdmv.gov

3.3.2 Prohibited Communication

On issuance of this Solicitation, except for the written inquiries described in Section 3.3.1 above, TxDMV, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these requirements may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the TxDMV HUB coordinator at hub@txdmv.gov. The TxDMV

Sole Point of Contact identified in Subsection 3.3.1 must be copied on the email.

b. Where it is expressly directed by the Sole Point of Contact that another designated TxDMV representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole

Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Questions

TxDMV will allow written questions and requests for clarification of this Solicitation. Questions must be submitted via email to the Point of Contact listed in Section 3.3.1 above. Respondents’ names will be removed from questions in any responses released. Questions must include the

Solicitation RFQ No. 608-25-91113 in the email Subject line. Please provide company name, address, e-mail address, and name of contact person when submitting questions.

Note: Questions or other written requests for clarification must be received by the Point of

Contact by the deadline set forth in Section 3.3.1 above. However, TxDMV, at its sole discretion, may respond to questions or other written requests received after the deadline via Addendum posted on the ESBD.

mailto:

mailto:name@txdmv.gov mailto:HUB@TxDMV.gov

RFQ No. 608-25-91113 Page 11 of 21

3.3.5 Clarification

Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in the Solicitation in the manner and by the deadline for submitting questions. If a Respondent fails to properly and timely notify the Point of Contact of such issues, the Respondent submits its Solicitation at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the Solicitation and any resulting Contract,

(2) shall not contest the interpretation by TxDMV of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

3.3.6 Responses

TxDMV’s responses to questions or other written requests for clarification may be posted on the

ESBD. TxDMV reserves the right to amend answers prior to the deadline of Solicitation

Responses. Amended answers may be posted on the ESBD. It is Respondent's responsibility to check the ESBD or contact the Point of Contact for updated responses. TxDMV also reserves the right to decline to answer any question or questions or to provide a single consolidated response of all questions they choose to answer in any manner at the sole discretion of TxDMV.

3.4 Solicitation Response Composition

3.4.1 Generally

Responses, including all documents required by this Solicitation, are due by the Response

Deadline. If TxDMV, in its sole discretion, determines all or any portion of a Response submitted is received late, is illegible, or is otherwise nonresponsive due to equipment failure or user error, the Response or applicable portion of the Response will be considered late and will be rejected.

TxDMV will notify the Respondent if its Response was rejected.

3.4.2 Submission in Separate Parts

Submit one (1) searchable PDF, bookmarked and linked Table of Contents for each of these two parts.

a. Statement of Qualifications;

b. Required Signed Exhibits A and H

c. Optional Exhibits I and J

d. HUB Subcontracting Plan (“HSP”).

3.4.3 Page Limit and Supporting Documentation

The Statement of Qualifications should not exceed a 40-page limit, not including appendices or attachments. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the tab, page, section, and/or paragraph where the supporting information can be found.

3.4.4. Exceptions and Assumptions

RFQ No. 608-25-91113 Page 12 of 21

Respondent is highly encouraged, in lieu of including exceptions in its Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.1, Schedule of Events.

Furthermore, TxDMV must reject any Response that includes exceptions or assumptions that materially change the specifications or requirements of the Solicitation. TxDMV reserves the right to accept or reject any exceptions, assumptions, or additions. Any exceptions, assumptions, or additions to the terms, conditions, or specifications contained in this Solicitation, including all attachments thereto, by a Respondent and submitted with its Response are deemed rejected by

TxDMV and will not become part of any Contract that may result from this Solicitation, unless

TxDMV expressly agrees to such exceptions, assumptions, or additions in writing. For the avoidance of doubt, the execution of a written Contract or issuance of a PO by TxDMV that may or may not reference the Respondent’s Response is not sufficient to, and does not, demonstrate

TxDMV’s acceptance of any exceptions, assumptions, or additions in the Response, unless expressly stated. Any exception, assumption, or addition included in a Solicitation Response may result in a Respondent not being awarded a Contract.

If a Respondent includes assumptions (business, economic, legal, programmatic, practical, or otherwise) in its Solicitation Response, the Respondent is required to use the Assumptions Form included as Exhibit I, Assumptions Form, to this Solicitation and provide all information requested on the form. Any assumption that does not provide all required information in the format set forth in the Assumptions Form may in the sole discretion of TxDMV, be rejected without consideration.

If a Respondent includes exceptions in its Solicitation Response, the Respondent is required to use the Exceptions Form attached as Exhibit J, Exceptions Form, to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in the Exceptions Form may, in the sole discretion of TxDMV, be rejected without consideration.

3.5 Solicitation Response Submission and Delivery

3.5.1 Deadline

Solicitation Responses must be received no later than the date and time specified in Section 3.1

Schedule of Events. In order to ensure that all documents are submitted before the deadline, TxDMV recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the Portal.

3.5.2 Delivery

Respondents must deliver Solicitation Responses via the hyperlink that will be provided by

TxDMV via an addendum to this solicitation no later than June 30th, 2025. Solicitation

Responses submitted by any other method (e.g., mail, email, facsimile, telephone) will not be considered.

Respondents having difficulty using the link should contact the Point of Contact in Section 3.3.1.

If unable to upload the documents to the link, contact the Point of Contact prior to the deadline to

RFQ No. 608-25-91113 Page 13 of 21 make alternate arrangements. Failure to contact the Point of Contact prior to the deadline will result in deeming submittal non-responsive or late.

TxDMV will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission errors that may lead to disqualification (including substantive or administrative) or nonreceipt of the Respondent’s Solicitation Response.

NOTE: All Solicitation Responses become the property of TxDMV after submission. It is the

Respondent’s responsibility to appropriately deliver the Solicitation Response to TxDMV by the specified date and time.

3.5.3 Alterations, Modifications, and Withdrawals

Prior to the Solicitation submission deadline, a Respondent may: (1) withdraw its Solicitation

Response by submitting a written request to the Point of Contact identified in Section 3.3.1; or (2) modify its Solicitation Response by submitting a written amendment to the Point of Contact identified in Section 3.3.1. TxDMV may request Solicitation Response modifications at any time.

SECTION FOUR – EVALUATION, AND AWARD

4.1 Evaluation

4.1.1 General

Solicitation Responses shall be evaluated in accordance with Chapter 2254 of the Texas

Government Code. Solicitation Responses must not include any information regarding

Respondent's fees, pricing or other compensation.

TxDMV will make the selection based on demonstrated competence and qualifications; and to a

Respondent that negotiates a fair and reasonable price.

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

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation

Responses 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 may be rejected, in the sole discretion of the TxDMV.

a. Generally:

i. Respondent must have functioned as the principal commissioning provider/authority for at least three (3) projects of similar size and scope within the last ten (10) years.

ii. Respondents must be authorized to do business in the State of Texas.

iii. Out of State vendors doing business in Texas must have a Certificate of

Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

RFQ No. 608-25-91113 Page 14 of 21

b. Licenses and Certifications:

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

1001.405. Practice by Business Entity; Registration, all Engineering firms submitting a response to this request for Qualifications must maintain current “business entity registration” with the Texas Board of

Professional Engineers concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBPE Certificate of Registration with your response.

ii. In accordance with Texas Administrative Code Title 22, Part 1, Chapter

1, Subchapter G, Rule §1.124, Business Registration, all Architectural firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of

Architectural Examiners concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBAE Certificate of Registration with your response.

c. Respondent firms must either be

i. designated as a certified commissioning firm by a nationally recognized organization, or

ii. have staff dedicated to the project that maintains a commissioning certification with the Building Commissioning Association or

ASHRAE.

4.1.3 Evaluation Criteria

Solicitation Responses shall be consistently evaluated and scored by the evaluation committee in accordance with the following criteria:

Item Weight

Relevant Experience and

Qualifications

60 points

Proposed Methodology 30 points

Quality Assurance/Quality Control 10 points

Total 100 points

In evaluating submittals to determine the most qualified respondent, TxDMV may consider information related to past contract performance of a Respondent including, but not limited to, the

Vendor Performance Tracking System, available at http://www.txsmartbuy.com/vpts. Prior work performance with TxDMV, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

TxDMV reserves the right to waive minor informalities in a Solicitation Response if it is in the best interest of TxDMV. A “minor informality” is an omission or error that, in the TxDMV’s determination if waived or modified when evaluating Solicitation Responses, would not give a http://www.txsmartbuy.com/vpts

RFQ No. 608-25-91113 Page 15 of 21

Respondent an unfair advantage over other Respondents or result in a material change in the

Solicitation Response or Solicitation requirements.

4.1.4 Evaluation Committee

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

4.2 Interviews

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

The following will be expected during an interview:

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

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

Manager is essential in this interview.

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

4.3 Negotiation

Giving priority in order of the ranking determined by the scores, TxDMV will undertake to negotiate a professional services contract with the firm, which is evaluated as the highest scoring firm, deemed the most qualified. If the agreement cannot be executed, the negotiations will be formally terminated and TxDMV will attempt to negotiate an agreement with the next firm in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

SECTION FIVE – STATEMENT OF QUALIFICATIONS

5.1 Response Content

Respondents must provide satisfactory evidence of their ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified services on time. As a part

RFQ No. 608-25-91113 Page 16 of 21 of the Solicitation Response requested in Section Three, Respondent must provide the following information:

5.1.1 Title Page

Must include:

A. TxDMV Camp Hubbard Renewal Commissioning Services

B. RFQ No. 608-25-91113

C. Respondent’s firm/organization legal name

5.1.2 Table of Contents

The Response should be submitted with a table of contents that clearly identifies and denotes the location of each section and subsection of the Response. Additionally, the table of contents should clearly identify and denote the location of all enclosures, appendices, and attachments to the

Response.

5.1.3 Company Information

Provide company information including the following information:

A. Company Description.

B. Ownership information.

C. Physical and Mailing addresses.

D. Other company locations/offices.

E. Primary contact with whom TxDMV may contact regarding the solicitation period.

F. Phone numbers and email address of primary contact.

G. Respondent’s State of Texas Taxpayer Number (TIN).

H. Indicate if your company has failed to complete a project or had a contract terminated for default or convenience. If yes, provide an explanation.

I. Indicate whether your company or any of its subsidiaries filed for or met criteria for bankruptcy within the past five years. If yes, explain the circumstances.

J. 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.

K. 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 on organization and company direction.

This page should be signed by an individual who is authorized to commit the Respondent to the services stated in this RFQ.

5.1.4 Executive Summary

RFQ No. 608-25-91113 Page 17 of 21

Respondents should submit an Executive Summary that provides a concise summary of the plan proposed to meet the requirements of this Solicitation, the Respondent’s approach to providing the requirements identified by TxDMV and a description of what uniquely qualifies Respondent for this contract. The Executive Summary should exclude cost information.

5.1.5. Relevant Experience & Qualifications (60 points)

A. Proposed Project Team:

a. Brief history of the Respondent’s firm, a description of its management structure, and organizational chart(s).

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

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

d. Describe, in graphic and written form, the proposed project assignments and lines of authority and communication for principals and key professional members of each consultant that will be involved in the Project. Indicate the estimated percentage of time these individuals will be involved in the Project.

B. Location.

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

Project.

b. Explain how responsive service will be provided.

C. Relevant Experience.

a. As stated in the minimum qualifications, Firm must have functioned as the principal commissioning provider/authority for at least three (3) projects of similar size and scope within the last ten (10) years.

b. For the Respondent’s five (5) most relevant projects completed within the last five years, Respondent shall demonstrate experience in meeting the requirements of this solicitation by providing:

i. Project name and location.

ii. Project description and size in gross square feet.

iii. Project delivery method, Contractor and A/E team.

iv. Project Construction cost.

v. Description of Commissioning services provided.

vi. Deliverables provided.

vii. Names of consultant firms, if used, and their area of expertise.

viii. Technology and software used and the value it provided.

ix. Post occupancy and warranty phase services.

x. Describe any contributions that saved the project money and/or time and how those contributions were quantified.

D. Licenses and Certifications

RFQ No. 608-25-91113 Page 18 of 21

a. Provide any additional licenses or certifications in addition to those required in the minimum qualifications.

5.1.6. Methodology (30 points)

This section should include a well-defined work plan consistent with the project objectives and scope of work, demonstrating the ability of the Respondent to complete services defined within the scope of work. The Proposer must provide the following information:

a. The firm’s process for developing a Commissioning Plan, updating and documenting results for various building systems.

b. The firm’s approach to commissioning HVAC systems for comparable buildings including central utility plants.

c. A list of Commissioning Management software and tracking tools (such as BIM360 field, Cx Alloy, Latista Field, etc.) that the firm uses. Briefly describe experience with each and indicate your preferred software.

d. The firm’s approach to facilitating O&M training for facility operations and maintenance staff.

e. The firm’s process for performing post-substantial completion commissioning activities such as follow-up functional testing, warranty-phase reviews, and energy performance verification, to ensure that building systems continue to meet the project’s performance requirements after occupancy.

5.1.7. Quality Assurance / Quality Control (10 points)

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

b. Respondent shall describe its quality requirements and means of measurement. Provide a process flow chart on how quality is maintained and achieved.

c. Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule.

5.2 Litigation History

a. Respondent must include in its Solicitation Response a complete disclosure of any alleged or significant contractual failures. In addition, Respondent must disclose any civil or criminal litigation or investigation pending over the last five years that involve Respondent or in which Respondent has been judged guilty or liable.

b. Solicitation Response may be rejected based upon Respondent's prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

5.3 HUB Subcontracting Plan

RFQ No. 608-25-91113 Page 19 of 21

TxDMV HUB staff have reviewed the opportunities available through this Solicitation and determined that subcontracting opportunities are probable for all or part of the required

Deliverables. Therefore, Respondents must complete, sign, and return Exhibit F, HUB

Subcontracting Plan (HSP), with Solicitation Responses. Failure to comply with this requirement may result in disqualification of the Response. Respondents should include all subcontractors in their HSP, and whether they are a HUB firm or not. For instructions on how to complete the HSP, Bidders should review Exhibit G, HUB HSP Instructions.

The HUB Program rules may be access at: https://comptroller.texas.gov/purchasing/vendor/hub/, which provides instructions to assist with finding historically underutilized businesses on the

State’s Centralized Master Bidders List (“CMBL”) to be used when preparing the HSP.

The link to all necessary forms: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

If further assistance is needed in preparing the HSP, the Bidder or its authorized representative may contact the TxDMV HUB staff.

SECTION SIX – POST SUBMITTAL REQUIREMENTS

6.1 Additional Documentation from Selected Firm:

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

B. Should the award amount be equal to or greater than $1,000,000.00, Respondent shall be required to file a Disclosure of Interested Parties, Form 1295 with the Texas Ethics

Commission.

6.2 Texas Franchise Tax; Right to Transact Business in the State

The Texas franchise tax is a privilege tax imposed on each taxable entity formed, organized, or doing business in the State. The Respondent must provide either its 11-digit Texas Comptroller of

Public Accounts’ Taxpayer Number or its 9-digit Federal Employer’s Identification Number

(“FEIN”) in Exhibit A, TxDMV Respondents Preferences, Affirmations, and Solicitation

Acceptance, when submitting its Solicitation Response.

6.3 Sample Contract Signature Document

If Respondent is selected, respondent agrees to enter into negotiations with TxDMV to refine the scope, furnish a pricing proposal, furnish required proof of insurance and execute a Professional

Services Contract Document, a sample of which is attached hereto as Exhibit E.

6.4 Standard of Care for Architectural and Engineering Contractors

Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference

Section 271.904(d) of the Texas Local Government Code, the successful Respondent for any

Contract that may result from this Solicitation shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

RFQ No. 608-25-91113 Page 20 of 21 similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

6.5 Right to Audit

Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, TxDMV 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 subcontracted awards.

6.6 Public Disclosure

News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without TxDMV’s prior written authorization. In the exercise of

TxDMV’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFQ and the disqualification of the Respondent to respond to any re-solicitation.

6.7 Protests

If a Respondent wishes to file a protest in connection with this Solicitation or any award resulting therefrom, they may do so in accordance with the rules published by TxDMV in Title 43 of the

Texas Administrative Code, Part 10, Chapter 210, Subchapter C, § 210.42.

6.8 Order of Precedence

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

6.9 State Funding

A Contract resulting from this Solicitation is contingent upon the continued availability of funding.

If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the Professional Services Agreement shall apply.

SECTION SEVEN – LIST OF SOLICITATION EXHIBITS

Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance (Ver.

1.10)

Exhibit B, TxDMV Contract Uniform Terms and Conditions (Version 2.0)

RFQ No. 608-25-91113 Page 21 of 21

Exhibit C, Building Systems Narratives and Commissioning Specifications

Exhibit D, Owner's Project Reqs_TFC_TxDMV edit 11.17.2021

Exhibit E, Sample Professional Contract Signature Document

Exhibit F, HUB HSP Form

Exhibit G, HUB HSP Instructions

Exhibit H Disclosure of Potential Conflicts of Interest

Exhibit I, Assumptions Form

Exhibit J, Exceptions Forms

(Remainder of Page Intentionally Left Blank)