ESBD_434095_1752605271293_REV dates Final RFP 5714-RS Killeen Vet Cemetery Expansion.pdf

TEXAS GENERAL LAND OFFICE

AND

VETERANS LAND BOARD

are

REQUESTING COMPETITIVE SEALED PROPOSALS

for

Construction Services for the

CTSVC-Killeen - Phase 3 Expansion FAI-TX-23-35 Project in Killeen, Texas

REQUEST FOR PROPOSALS NO. 5714-RS

GLO/VLB Project Number 223001

Class 909 / Items 24, 77; Class 912 / Items 23, 31

Release Date: July 15, 2025 Deadline for Submission: August 22, 2025 at 2:00 p.m. CT

Solicitation Point of Contact: Bob Sonnier CTCD, CTCM Bob.Sonnier@glo.texas.gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

Texas General Land Office and Veterans Land Board -i- RFP No. 5714-RS mailto:Steve.Villarreal@glo.texas.gov

Texas General Land Office and Veterans Land Board -ii- RFP No. 5714-RS

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

2.2.3 Environmental and Wildlife Protection

2.2.4 Permits and Fees

2.2.5 Reporting Requirements and Milestone/Work Progress Schedule

2.3 UNIFORM GENERAL CONDITIONS AND CONTRACT DOCUMENTS

2.4 CONSTRUCTION PERIOD AND CONTRACT TERM

2.5 LIQUIDATED DAMAGES

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.2.5 Pre-Proposal Conference (Optional)

3.2.6 Pre-Proposal Site Visits (Optional)

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

Texas General Land Office and Veterans Land Board -iii- RFP No. 5714-RS

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

4.2 SHORT LIST

4.3 INTERVIEWS

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 TECHNICAL PROPOSAL

5.3 PAST PROJECTS

5.4 MAJOR SUBCONTRACTOR INFORMATION

5.5 LITIGATION HISTORY

5.7 CONFLICTS

5.8 FINANCIAL CAPABILITY

5.8.1 Financial Capability Review

5.8.2 Annual Reports

5.9 SAFETY INFORMATION

5.10 QUALITY CONTROL PROGRAM

5.11 COST CONTROL PROGRAM

5.12 NON-COLLUSION AFFIDAVIT

5.13 PERFORMANCE AND PAYMENT BONDS

5.13.1 Performance Bond

5.13.2 Payment Bond

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

Texas General Land Office and Veterans Land Board -iv- RFP No. 5714-RS

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 INSURANCE

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 PROTEST

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

7.4.2 Affirmations and Solicitation Acceptance

7.6 CERTIFICATE OF INTERESTED PARTIES

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE .............................................. A-1 EXHIBIT B. FEDERAL AFFIRMATIONS ............................................................................................ B-1 EXHIBIT C. SAMPLE CONTRACT ....................................................................................................... C-1 EXHIBIT D. CONTRACTOR’S PROPOSAL FORM ............................................................................ D-1 EXHIBIT E. HUB SUBCONTRACTING PLAN .................................................................................... E-1 EXHIBIT F. HUB SUBCONTRACTING PLAN PRESENTATION ..................................................... F-1

Texas General Land Office and Veterans Land Board -1- RFP No. 5714-RS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (GLO) and the Veterans Land Board (VLB), is seeking a highly skilled contractor to construct the proposed Phase 3 - Crypts and Columbarium Expansion to the Central Texas State Veterans Cemetery in Killeen, Texas (the Project).

Texas State Veterans Cemeteries are built through a partnership between the State of Texas and the United States Department of Veterans Affairs (VA), and are managed by the VLB.

This project will expand the number of columbarium niches and burial crypts for the benefit and continuing recognition of Texas Veterans who have served in the United States Armed Forces.

The project will 'encompass' an administration annex building, a new committal shelter, cortege lane restroom, a columbarium plaza and double-depth pre-placed crypts as well as roads and grounds with supporting infrastructure. The facility must be constructed to meet all VA and State construction standards. The approximate cost range for the project (base, base + add/alts) is $11 to $12.5 million

The GLO will consider proposals from firms, joint ventures, or other business arrangements that demonstrate the ability to perform the work within the guidelines of this RFP and the regulations of the GLO and any other local and federal regulatory agencies having jurisdiction over the project.

The GLO/VLB will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, Exhibit B, Federal Affirmations, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO/VLB and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“A/E” means the GLO/VLB’s Architect/Engineer for the Project, Baeza Engineering

PLLC.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

http://www.glo.texas.gov/

Texas General Land Office and Veterans Land Board -2- RFP No. 5714-RS

“Agency” means the GLO and VLB.

“BAFO” means Best and Final Offer.

“Base Time” means the number of calendar days proposed by Contractor on the Contractor’s Proposal Form to achieve substantial completion of the Project.

“Columbaria(um)” means a structure of vaults lined with recesses for cinerary urns.

“Construction Documents” means the drawings, specifications, and other documents governing the construction of the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract including without limitation, the Project Manual, this Solicitation, the Engineer’s specifications and drawings, the Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contractor” means the Respondent(s) awarded a contract under this Solicitation.

“CPF” means the Contractor’s Proposal Form.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“GLO” means the Texas General Land Office.

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

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code, §2161.252 and 34 TAC §20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP is included in this Solicitation as Exhibit E and must be included with the Solicitation Response.

“NCA” means United States Department of Veterans Affairs - National Cemetery Administration

“Notice to Proceed” or “NTP” means written notice provided by the GLO/VLB to begin construction of the Project.

Texas General Land Office and Veterans Land Board -3- RFP No. 5714-RS

“ODR” means Owner’s Designated Representative, a representative of the GLO/VLB responsible for Project oversight.

“OSHA” means the United States Occupational Safety and Health Administration.

“Owner” means the GLO/VLB.

“PIA” means the Public Information Act, Chapter 552, Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Project Manual” means the project manual developed by the GLO/VLB’s A/E that contains, among other items, the bidding documents, Uniform General and Supplementary Conditions, Special Conditions, and Technical Specifications sections.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“Special Conditions” means the documents containing terms and conditions which may be unique to the Project. Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and Supplementary General Conditions.

“State” means the State of Texas and any state agency; the GLO/VLB or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“Substantial Completion” means the date determined and certified by Contractor, A/E, and Owner when the Work, or a designed portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.

“Supplementary General Conditions” means procedures and requirements that modify the Uniform General Conditions. Supplementary General Conditions, when used, have precedence over the Uniform General Conditions.

“TAC” means Texas Administrative Code.

“TSVC” means Texas State Veterans Cemetery.

“Uniform General Conditions” or “UGCs” means the governing contractual terms and conditions as amended in the Project Manual.

Texas General Land Office and Veterans Land Board -4- RFP No. 5714-RS

“VBA” means the United States Department of Veterans Affairs – Veterans Benefits Administration

“VLB” means the Texas Veterans Land Board.

1.3 AUTHORITY

The GLO/VLB is soliciting the services listed herein under Chapters 2155-2156 and 2269, Texas Government Code and Chapter 164, Texas Natural Resources Code.

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Texas General Land Office and Veterans Land Board -5- RFP No. 5714-RS

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The scope of work for the Project includes all labor, materials, tools, equipment, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the work for the Project. Work items include, but are not limited to, the following:

1. General Conditions including mobilization and set up.

2. Construction of 4,700 crypts and 4,000-niche columbaria plaza, a new committal service shelter, the addition of Space Force flag pole and service seals, plus other site improvements associated with grading and drainage improvements, landscaping, and irrigation work as specified in the project drawings and Project Manual. The cost of purchasing and delivering the crypts will be tracked as a specific billable line item. Burial Sections 11 & 12 will be required as early turnover.

3. Add Alternate 1: Resetting the 2013 columbaria expansion capstones as specified in the project drawings and Project Manual.

4. Add Alternate 2: The addition of a motorized main entry gate as specified in the project drawings and Project Manual.

5. Add Alternate 3: The addition of a new restroom at the cortege lane as specified in the project drawings and Project Manual.

6. Add Alternate 4: The addition of standard burial fields at Sections 7 and 8 as specified in the project drawings and Project Manual (required as early turnover).

7. Add Alternate 5: The addition of in-ground cremains fields at Sections 16 and 17 as specified in the project drawings and Project Manual.

The Project is located within the Central Texas State Veterans Cemetery located at 11463 Tx-195, Killeen, Texas 76542. In addition to the above-mentioned items, Contractor shall provide all other items shown on the plans and described in the specifications to fully complete the Project.

A full description of the Project including detailed drawings, specifications and other contract documents may be found in the Project Manual, as prepared by the A/E. The Project Manual is included in the Construction Documents, which may be obtained from the Miller Imaging & Digital Solutions Plan Room, as described below in Section 2.3.

The selected Contractor shall be bound to specific terms and conditions found in Exhibit C, the GLO/VLB’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

Texas General Land Office and Veterans Land Board -6- RFP No. 5714-RS

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

2.2.2 OSHA Compliance

In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

2.2.3 Environmental and Wildlife Protection

Special work procedures are required to address protection of the sensitive coastal environment, including wildlife inhabiting the Project area. These procedures are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.4 Permits and Fees

Solicitation Responses must provide for the application for and securing of all permits that will not be acquired by the GLO/VLB, and for all inspection and license fees required for the Project. Permits and other authorizations already obtained are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.5 Reporting Requirements and Milestone/Work Progress Schedule

The selected Contractor(s) shall submit a recommended Milestone/Work Progress Schedule for agreement between the GLO/VLB and the Contractor, along with any other submittals required in the Construction Documents, prior to contract award.

The Milestone/Work Progress Schedule shall be based on the Base Time number of calendar days proposed by the Contractor on the Contractor’s Proposal Form.

Contractor’s failure to meet any milestone may subject the Contractor to liquidated damages. Additionally, all Project deliverables must be accepted by the ODR prior to approval of Contractor’s requests for payment.

Texas General Land Office and Veterans Land Board -7- RFP No. 5714-RS

The GLO/VLB reserves the right to request additional reporting at any phase of this Project to maintain internal contract management and reporting requirements.

2.3 UNIFORM GENERAL CONDITIONS AND CONTRACT DOCUMENTS

Any contract resulting from this RFP shall be governed by the GLO/VLB’s Uniform General Conditions, Supplementary General Conditions, and Special Conditions, as included in the Project Manual.

Contract Documents, including the Project Manual, may be downloaded at no cost from Miller Imaging & Digital Solutions PlanRoom: Miller Imaging & Digital Solutions Online Planroom For assistance with or questions related to Miller's PlanRoom please call Miller IDS at 512.381.5292 or email dsc@millerids.com.

2.4 CONSTRUCTION PERIOD AND CONTRACT TERM

The selected Contractor shall not begin any work under any contract resulting from this Solicitation until receipt of a Notice to Proceed (“NTP”) from the GLO/VLB. Construction must be substantially completed within the time period proposed by Contractor on the Contractor’s Proposal Form and shall be confirmed prior to contract execution. The GLO/VLB, at its own discretion, may extend any contract awarded pursuant to this Solicitation, subject to terms and conditions mutually agreeable to both parties.

All changes in the scope of work, the Contract Sum and/or the Contract Time shall be documented by a Change Order, in accordance with the Change Order procedure described in the Uniform General Conditions, included in the Project Manual.

2.5 LIQUIDATED DAMAGES

If Contractor fails to achieve Substantial Completion within the Contract Time, Contractor shall be liable to the GLO/VLB for liquidated damages of $500.00 per day until the Contractor achieves Substantial Completion. The GLO/VLB’s damages for Contractor’s failure to perform its obligations under a contract resulting from this RFP are impossible or difficult to estimate and the amount of liquidated damages specified is a reasonable forecast of just compensation and is not a penalty.

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https://www.millerplanroom.com/ https://www.millerplanroom.com/ mailto:dsc@millerids.com

Texas General Land Office and Veterans Land Board -8- RFP No. 5714-RS

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation July 15, 2025

Pre-Proposal Conference (Optional) Zoom Meeting

July 24, 2025 at 10:00 a.m. CT

Pre-Proposal Site Visits (Optional) Central Texas State Veterans Cemetery 11463 TX-195, Killeen, TX 76542

July 25, 2025 at 10:00 a.m. CT

Deadline for Submitting Questions July 30, 2025 at 2:00 p.m. CT

Anticipated Release Date of Answers to Questions August 8, 2025

Deadline for Submission of Solicitation Responses (including HUB Subcontracting Plan)

August 22, 2025 at 2:00 p.m. CT

Evaluation Period August 25, 2025 to September 9, 2025

Contractor Selection and Notice of Award September 10, 2025

Contract Award, Negotiation and Execution October 20, 2025 to December 1, 2025

Deadline for Bonds and Insurance December 10, 2025

Pre-Construction Conference and Notice to Proceed December 12, 2025

NOTE: These dates represent a tentative schedule of events. The GLO/VLB reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

Texas General Land Office and Veterans Land Board -9- RFP No. 5714-RS

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO/VLB’s Purchasing Department, addressed to the person listed below.

Name: Bob Sonnier, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800.998.4456 or 512.475.4109 Email: Bob.Sonnier@glo.texas.gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Mahsa Azadi, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Phone: 800.998.4456 or 512.475.4141 Email: Mahsa.Azadi@glo.texas.gov

Notwithstanding the above, Respondents may direct questions about the state’s Historically Underutilized Businesses (HUB) Program or HUB Subcontracting Plans (HSPs) to the GLO/VLB HUB Team contacts listed in Section 5.6 of this Solicitation.

3.2.2 Clarifications

The GLO/VLB will allow written requests for clarification of this Solicitation.

Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above.

Respondents’ names shall be removed from questions in the responses released.

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

a. Identifying Solicitation number in email subject

b. Section number

c. Text of passage being questioned

d. Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

Texas General Land Office and Veterans Land Board -10- RFP No. 5714-RS

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http:/www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO/VLB, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO/VLB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

3.2.5 Pre-Proposal Conference (Optional)

The GLO/VLB will be virtually hosting an optional pre-proposal conference on July 24, 2025 at 10:00 a.m. Central Time via Zoom. To join this meeting, click the link below or copy and paste into your browser, and follow the instructions from Zoom using the meeting ID and password provided:

Join Zoom Meeting:

Pre-Proposal Conference Link

Meeting ID: 875 5077 2032 Passcode: 754332

The pre-proposal conference is optional, and all Respondents are invited to attend.

3.2.6 Pre-Proposal Site Visits (Optional)

The GLO/VLB will be hosting one optional pre-proposal site visit on July 25, 2025, at 10:00 a.m. Central Time. The site visit will be located at the Central Texas State Veterans Cemetery located at 11463 Tx-195, Killeen Texas, 76542.

The pre-proposal site visit is optional; however, Respondents are strongly encouraged to visit the site and assess the work to be performed and all Respondents are invited to attend.

http://www.txsmartbuy.gov/esbd https://txglo.zoom.us/j/87550772032?pwd=eLWvIal8eHvIb4p71kKwCidJF94eJn.1

Texas General Land Office and Veterans Land Board -11- RFP No. 5714-RS

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

a) One Proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled “RFP 5714-RS (Respondent Name) Part 1; and

b) One HUB subcontracting plan, submitted as one .pdf file; titled “RFP 5714-RS (Respondent Name) Part 2.”

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Respondent(s) will be assumed to have studied the plans and specifications, visited the proposed work site, and to have understood all existing conditions and measurements. Respondent(s) shall include in its CPF a bid amount sufficient to cover all work, including, but not limited to, all permits and fees.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 40 pages in length. Exhibit A, Exhibit B, Exhibit D, Exhibit E, signed acknowledgments of Addenda, past projects, résumés, and the Non-Collusion Affidavit are considered supporting documentation and are not included in the page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

Texas General Land Office and Veterans Land Board -12- RFP No. 5714-RS

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted. Respondent proposals shall be binding for a period of 120 days after they are opened.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses using the following Box™ link:

Upload Response Here!

The GLO/VLB shall not accept Solicitation Responses submitted by any other means. Please contact the point-of-contact listed in Section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

https://txglo.app.box.com/f/2067fe28ca4c4dcda5943a40e0e099b2

Texas General Land Office and Veterans Land Board -13- RFP No. 5714-RS

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

This Solicitation is being issued in accordance with Texas law, including, without limitation, Texas Government Code, § 2155.149, relating to VLB purchases for the TSVC program and Chapter 164, Texas Natural Resources Code, regarding the VLB’s powers and duties. Solicitation Responses shall be evaluated in accordance with Chapters 2155, 2156, and 2269, Texas Government Code. The GLO/VLB shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas. “Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, § 2155.074 and §2156.007.

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.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have recently been in the general construction business within the past five years for a minimum of five (5) years, or the principals/owners must have had ownership/executive management experience in a previous company that provided general construction services for a minimum of five (5) years;

4.1.2.2 Respondent shall have demonstrated experience in meeting completion dates and construction schedules; and

4.1.2.3 Respondent must be financially solvent and adequately capitalized, as demonstrated by the financial information requested in Article V of this Solicitation and determined by the GLO/VLB’s Procurement Financial Analysis process, as affirmed by the GLO/VLB’s Chief Financial Officer or their designee.

Texas General Land Office and Veterans Land Board -14- RFP No. 5714-RS

4.1.2.4 Respondents shall have demonstrated experience in cemetery, masonry and irrigation construction noting projects of similar scope completed in the last five (5) years

4.1.3 Selection Criteria

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

4.1.3.1 Cost (40%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (25%);

4.1.3.3 Technical Proposal, including proposed methodology and schedule for the completion of the Project (25%);

4.1.3.4 Safety record, quality control program and cost controls (5%); and

4.1.3.5 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

The GLO/VLB assembles an evaluation committee to evaluate each responsive Solicitation Response. Each evaluator completes one evaluation worksheet for each response. The evaluator evaluates each proposal individually against the requirements of the solicitation document, and not against other responses. The evaluator assigns the number of points he or she believes each Solicitation Response merits out of the possible points indicated on the evaluation worksheet for each selection criterion. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; whether the proposed price is within the advertised estimated budget; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO/VLB’s

Texas General Land Office and Veterans Land Board -15- RFP No. 5714-RS needs as specified in the Solicitation. Each evaluator scores Solicitation Responses independently and impartially. Scores are not divulged between committee members until after they have been finalized, submitted, and compiled by the purchaser. Members may ask questions of the purchaser, agency legal counsel, and designated technical experts if they are unable to find information, do not understand information in a response, or require technical assistance. The purchaser averages all evaluators’ total scores for each Respondent to determine Respondent rankings.

4.2 SHORT LIST

The GLO/VLB may develop a short list of finalists after an initial evaluation of the Solicitation Responses. However, the GLO/VLB is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.3 INTERVIEWS

The GLO/VLB may, but is not required to, conduct oral interviews with some or all Respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible 20 points. The score received for the oral interview will be added to the score received from the evaluation of a Respondent’s written proposal.

Respondents will be provided with notice of any such interview and are responsible for their own presentation equipment. Failure to participate in the requested interview may eliminate a Respondent from further consideration. The GLO/VLB is not responsible for any costs incurred by the Respondent associated with the interview.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO/VLB’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs. In conducting discussions, the GLO/VLB shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO/VLB evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the VLB from Respondent.

Scores for any of the applicable selection criteria included in the VLB’s request for BAFO shall be replaced by the BAFO scores.

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4.5 CONTRACT AWARD

It is the intent of the GLO/VLB to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Chief Clerk of the GLO/Executive Secretary of the VLB, and, if applicable, the VLB during a regularly scheduled meeting. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO/VLB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of

Respondent’s point of contact for any resulting contract under this Solicitation;

and

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f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the VLB may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO/VLB and assign alternative staff of equal ability and qualifications. The GLO/VLB reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of Respondent may also qualify as subcontractors. Please evaluate your Key Staffing Profile and HUB Subcontracting Plan accordingly.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three completed projects of similar type and size performed within the last five (5) years, preferably for state and/or local government entities. Include at least one non-GLO/VLB project. Information provided shall include:

a. Client name;

b. Project description;

c. Total dollar amount of project;

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d. Total project duration;

e. Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f. Client project manager name, telephone number, and e-mail address.

5.4 MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the activity that constitutes the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor the Respondent intends to utilize in performance of the work must also be included in the Respondent's HUB Subcontracting Plan. If a major subcontractor will not be utilized for this Project, so indicate in the appropriate section of the Solicitation Response.

5.5 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Responses 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.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO/VLB is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO/VLB encourages the use of Historically Underutilized

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Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code, §2161.181 and §2161.182, and the GLO/VLB’s HUB policy and rules, the GLO/VLB makes a good-faith effort to increase HUB participation in its contracts. The GLO/VLB does this by contracting directly with HUBs or indirectly through subcontracting.

The State of Texas HUB Subcontracting Plan form is included with this Solicitation as Exhibit E. A Solicitation Response that does not contain a HUB Subcontracting Plan (“HSP”) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO/VLB determines that the HSP was not developed in good faith.

Please refer to the cover letter included with Exhibit E for specific instructions for locating potential HUB subcontractors utilizing the state’s Centralized Master Bidders List

(“CMBL”).

A presentation describing the procedure for completing the HSP is included with this Solicitation as Exhibit F.

Respondents may direct questions about HSPs or the HUB program to the HUB Team contacts listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Stella Roland Stella.Roland@glo.texas.gov 512.662.6899

Vonda White Vonda.While@glo.texas.gov

5.6.1 Post-Award HSP Requirements

The GLO shall review and evaluate each HSP prior to contract award and, if accepted, the finalized HSP shall become part of each selected Provider’s contract.

After contract award, the GLO will coordinate post-award meetings with the selected Providers to discuss HSP reporting requirements. The selected Providers must maintain business records documenting compliance with their HSPs and must submit monthly subcontracting reports to the GLO by completing the HUB Prime Contractor Progress Assessment Report. This monthly report is required as a condition for payment to report to the GLO the identity of and the amount paid to all subcontractors. HUB Progress Assessment Reports will be sent to:

hub@glo.texas.gov.

mailto:hub@glo.texas.gov

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As a condition of award, a selected Provider is required to send a notification to all selected subcontractors identified in the accepted/approved HSP. A copy of the notification must be provided to the HUB Program Office at hub@glo.texas.gov within ten (10) days of the contract award.

Provider shall obtain prior written approval from the GLO before making any changes to the HSP. Proposed changes must comply with the HUB Program good-faith effort requirements relating to the development and submission of an HSP. The requirements for an HSP change request will be covered in the post-award meeting.

Failure to meet the HSP post-award requirements will constitute a breach of contract and will be subject to remedial actions. The GLO may also report noncompliance to the Comptroller of Public Accounts in accordance with the provisions of the Vendor Performance and Debarment Program (see 34 TAC §20.585 relating to Debarment and 34 TAC §20.586 relating to Procedures for Investigations and Debarment).

5.7 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

5.8 FINANCIAL CAPABILITY

5.8.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee’s demonstration of financial solvency and adequate capitalization. Within three

(3) business days of a potential awardee’s acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

• Annual Reports, as described in Section 5.6.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity’s accounts receivable and inventory. A more comprehensive list of review factors follows:

mailto:hub@glo.texas.gov

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• Current Ratio • EBIT/Tangible Net Assets

• Quick Ratio • Return on Equity

• Cash Ratio • Receivables Turnover Ratio

• Solvency Ratio • Average Collection Period

• Debt to Equity Ratio • Inventory Turnover Ratio

• Capitalization Ratio • Days Sales of Inventory

• Debt Ratio • Altman Z-score

• Operating Profit Margin

A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

5.8.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit an annual report that includes:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect Respondent’s financial ability to perform this contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit an annual report that includes:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract;

OR

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4) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee.