ESBD_441413_1753905077624_Final RFP 0006050 TSBVI Playground-7.30.25.docx

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

REQUEST FOR PROPOSALS

TSBVI Playground Austin, Texas

RFP #0006050

PROJECT #24-054-2561

Dated: July 30, 2025

Proposal Due Date / Opening: September 04, 2025, Rev. 11/12/2024

Table of Contents

RFP #0006050

TSBVI Playground Equipment, Surfacing, Shade Canopy(s), and Outdoor Furniture

1. SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting responses to this RFP for the provision of playground equipment, surfacing, shade canopy(s), and outdoor furniture delivered and installed at Texas School for the Blind and Visually Impaired (TSBVI) located at 1100 W. 45th Street in Austin, TX. Project # is 24-054-2561.

A. The TSBVI Playground is an approximately four thousand (4,000) square foot playground. The site is located on the west side of Miller Drive and the north side of Building 606 in the northwest portion of the TSBVI campus.

B. The TSBVI Playground will be designed with special emphasis on inclusive play and accessible features to facilitate access for students using wheelchairs. The new playground can include items such as spinning play equipment, a swing for wheelchairs, sensory and musical play features, accessible playground surfacing, a shade structure, and miscellaneous seating. The new playground will serve students aged 5 to 22 and must accommodate adult-sized wheelchairs. It is expected that the new playground will serve a maximum of 5-10 students and 1-5 teachers and/or staff during peak use. No aesthetic playground “theme” is required unless Respondents elect to include as part of their proposed playground design. A recommended color palette is included in Attachment E – Project Manual and Specifications.

C. For purposes of this RFP, Respondents shall consider that the equipment, surfacing, shade canopy(s), and outdoor furniture for this site will be manufactured by package, in stages and delivered and installed by scope group, and result in a fully functional and code compliant, turn-key product (See Attachment D – Compensation and Fees Packages Proposal Forms). It is anticipated that the site will be available on September 10,2025, for delivery and installation, and coordinated with the Playground Planner, McKinney York Architects (MYA), and the TSBVI academic calendar.

D. Scope will include but not limited to:

1) Playground Equipment

2) Playground Surfacing, including Miscellaneous Concrete Sidewalk connections to adjacent Existing Sidewalks as proposed in Respondent’s playground design proposal.

3) Shade Canopy(s)

4) Outdoor Furniture E. Site Plan and Specifications: See Attachment E – Project Manual and Specifications.

1) A CAD site plan file is available from the Owner upon request.

F. Turn-key Playground Design: Respondents shall submit a complete, code compliant playground design including plans, renderings, equipment list, and equipment cut sheets with RFP response.

G. Installation Schedule: Respondents shall submit a detailed installation schedule complete with breakdown and sequencing of activities. The turn-key installation completion goal for the Project is Tuesday, January 16, 2026.

H. Sensory Benefit Sheets: Respondents shall submit Sensory Benefit Sheets for all play equipment utilized in proposed turn-key playground design.

I. Accessibility: Proposed turn-key playground design shall be fully compliant with Texas Accessibility Standards (TAS).

J. Warranty: Respondents shall submit sample manufacturer standard warranties for all items included in the proposed turn-key playground design.

K. Shade Canopy(s) Design: Structural Design and Engineering Services for the playground shade canopy(s) shall be provided by the playground / shade contractor. The playground / shade contractor shall be required to provide prior to fabrication shade canopy shop drawings and engineering calculations signed and sealed by a Professional Engineer licensed to practice in the State of Texas.

L. Site Protection:

a. The Contractor shall provide all necessary materials to protect lawn areas and prevent damage to sidewalks, etc.

b. The Contractor shall be responsible at its cost to repair or replace any damage caused by the Contractor.

c. Replace level grass areas damaged during construction of the new equipment by construction personnel and or construction equipment.

d. The acceptable criteria will be the job site will remain clean and free of debris. All roll off dumpsters if used will be removed once full and at the end of the project. The Contractor will do daily trash clean up at the end of the shift. The Contractor will follow all school rules that apply to them (speed limits, pedestrian traffic, etc.). The materials laydown area will be kept neat and clean.

e. There will be no alcohol, drugs, smoking, vaping on school grounds. There are to be no firearms or ammunition brought on to school grounds. Anything that would be considered disruptive to the learning environment will not be tolerated.

M. Parking:

a. Parking spaces at times may be limited for contract work.

b. TFC will provide a designated area for equipment and materials.

c. The contractors will park in the designated parking area.

N. Waste Disposal:

a. The Contractor is responsible for removal of all trash including but not limited to: demolition materials, construction waste, boxes, skids, etc.

b. All trash will be disposed of in accordance with local, state and federal and all environmental regulations.

c. Jobsites must be cleaned daily, and materials laydown area will be kept organized and free of trash so as not to disrupt employees, students, or normal operations of the affected area. Contractor and any subcontractor working on behalf of the Contractor shall obey all school rules when working on the premises.

2. CONTRACT TERM: This service shall commence on the date the Purchase Order (PO) is issued and TFC has given a Notice to Proceed (NTP). Installation is expected to be completed under this by Tuesday, January 16, 2026.

3. LIDQUIDATED DAMAGES: Time is an essential element of the contract. Contractor’s failure to complete the Work within the Contract Time as required will cause damage to Owner. These damages shall be liquidated by agreement of Contractor and Owner, in the amount of $500.00 per day.

4. ESTIMATED BUDGET: The estimated budget for the equipment, surfacing, shade canopy(s), and outdoor furniture and associated shipping and installation described in the RFP is Four Hundred Thirty Thousand Dollars ($430,000). The estimated budget shall be for a complete, turn-key installation.

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

Primary Contact:

a) Purchaser Name: Omar Casas, CTCD, CTCM

b) Purchaser Phone: 512-463-1861

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

d) Purchaser Name: James Gonzalez, CTCD, CTCM

e) Purchaser Phone: 512-936-0647

f) Purchaser Email: james.gonzalez@tfc.texas.gov

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

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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

A. The solicitation process for this RFP will proceed according to the following schedule:

OPTIONAL PRE-PROPOSAL TELE-CONFERENCES: The optional pre-submittal conferences will be held on Thursday, 08/07/2025, 10:00 AM. Pre-registration is required to participate in the teleconference.

Pre-Registration is required

1) Register in advance for Day, 08/07/2025 meeting with link:

https://us02web.zoom.us/meeting/register/Qn992bX9RS69uiWsyCdWcw

8. PROPOSAL REQUIREMENTS:

A. SUBMISSION REQUIREMENTS:

1) Electronic Submission: TFC is using the electronic procurement system Bonfire. Proposals shall be uploaded per the instructions in Attachment I – RFP Submission Instructions and Guidelines prior to 3:00 PM on the date specified in the Schedule of Events through Bonfire Portal at: http://tfcstate.bonfirehub.com. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFP.

2) HUB Subcontracting Plan (HSP) Submission: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc.gob2g.com, B2G Access Code: 6608508611 See Attachment C – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

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

a. Package 1 – Required Documentation, Multiple Files allowed: May submit as one combined document or separately:

(1) Attachment B – Execution of Proposal.

(2) Electronic Bid Bond with associated power of attorney.

(3) Litigation History; and

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

(5) Attachment L – AP-152 Form, Comptrollers Application for Texas Identification Number.

b. Package 2 –Scored Evaluation Materials, Multiple Files allowed: Should contain the following documents. May combine or submit as separate documents:

(1) Company Information

(2) Attachment F – Contractor’s Qualifications Form.

(3) Relevant Experience and Qualifications.

(4) Proposed Methodology; and

(5) Quality Control and Safety Programs.

c. Package 3 – Attachment D – Compensation and Fees Package Proposal Forms, Single File

d. Package 4 - Proof of submission of HSP through HUB Compliance Reporting System (B2G) (Confirmation Email, Screen Print, Etc.)

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

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

6) COSTS: Respondents to this RFP are responsible for all costs of proposal preparation, samples, and delivery and any costs associated with interview and presenting a mockup workstation for review.

B. PUBLIC INFORMATION: TFC will not consider any proposal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submission, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14 point font, on the specific part or page of the submission which Respondent believes to be confidential. Respondents should also include in the filename the word “CONFIDENTIAL”. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Note that pricing is not considered confidential under the Texas Public Information Act. Upon award, a full tabulation that includes all submitted pricing and scores will be distributed to all Respondents. Do not mark your entire submission as “Confidential”.

C. CONTENTS: Listed below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Proposals that fail to include the Bid Bond, Attachment B – Execution of Proposal, HUB Subcontracting Plan submission through B2G, Attachment D – Compensation and Fees Package Proposal Forms, or Attachment F – Contractor’s Qualification Form shall be disqualified.

1) Company Information: <PASS/FAIL> Including, but not limited to the following:

a. Company description

b. Ownership information

c. Physical and Mailing addresses

d. Other company locations/offices

e. Primary Contact

f. Office and mobile telephone number, and email address of company’s Primary Contact

g. 11-Digit State of Texas Vendor Identification Number

h. Indicate if your company or any subsidiaries filed or met criteria for bankruptcy within the past five years.

i. 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, date(s), details, circumstances, and prospects for resolution.

j. Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

k. Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years (5) years and if so, why.

l. Indicate if your company has had a contract terminated for default or convenience within the past five (5) years. If so, explain the circumstances and resolution.

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

a. Complete and submit Attachment F – Contractor’s Qualifications Form.

b. Provide a free-form narrative that describes in detail additional qualifications not stated on Attachment F – Contractor’s Qualifications Form that is relevant to the scope of this solicitation.

c. Demonstration of a Respondent’s relevant experience performing this Scope of Work for the provision and turn-key installation of playground equipment, surfacing, shade canopy(s), and outdoor equipment on a secure, special needs campus. Respondent should show specific relevant experience including:

(1) Provide experience working with the manufacturers and subcontractors proposed for this project.

(2) Respondents shall show experience with the manufacture, delivery and installation of similar scopes and locations indicated above.

(3) Demonstrate project experience with installation that is expected to be completed by a deadline date

d. Provide names of top management and key employees and each person’s duties, including the background and experience of these employees; and

e. An organizational chart which shows roles and responsibilities of key individuals assigned to provide services under the contract;

f. The following minimum requirements are required of Respondents:

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

(2) Respondent shall be an authorized dealer of proposed manufacturer’s furnishings. Provide a statement on manufacturer’s letterhead stating that the respondent is an authorized dealer of their products.

(3) Respondent shall demonstrate that they have the capability to provide sufficient work staff to meet the project schedule. Additionally, the Respondent must be able to adjust staffing levels (including the ability to work after hours, including weekends) if there is an installation delay caused by the Respondent, manufacturer, or either entity’s subcontractors.

(4) Respondent must have a fully staffed, authorized service office in Central Texas.

3) PROPOSED METHODOLOGY: <20 pts.> A detailed plan outlining the processes of implementation regarding the requirements of the contract. This shall include, but not be limited to:

a. Explain your processes and techniques used to understand the services to be provided under the contract;

b. Explain how you monitor and maintain project schedules.

c. Explain how you will stage product prior to delivery

d. Explain how you will deliver and stage product at the site.

e. Explain how your Staff sizing and their roles will fulfill the requirements.

f. If awarded a Contract, explain how your existing workload will fit in proportion to the services for this project.

g. Explain how you manage and coordinate the work with Subcontractors hired by you.

h. Explain your approach in coordinating with other Contractors hired by TFC.

i. List the issue tracking software (PlanGrid, Procore, etc.) to be utilized on the project, describe how it will be utilized throughout the installation process, and provide a list of other projects where you have used this software successfully.

j. List software used to prepare playground installation drawings.

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

a. Quality Assurance: Respondent shall provide the name and job title of the person in the organization who oversees the quality assurance program. Respondent shall describe its quality assurance program, quality requirements and means of measurement to ensure high quality and responsive service.

b. Quality Control: Provide process flow charts on how quality is measured, maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 or other in-place controls for adherence to budget, quality, safety and schedule.

c. Safety Program:

(1) Respondent shall provide its workers' compensation experience modification rate (EMR) for the last five (5) years. This shall be included in the proposal on the insurance broker’s letterhead.

(2) Provide a description of your firm’s safety program and indicate the name and job title of the person in your organization who manages the program. TFC reserves the right to require a copy of your safety manual, which, if contracted, will become a contract document.

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

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

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

8) REFERENCES: <Pass/Fail> Include a minimum of three (3) references from clients for whom similar services were performed or products were provided. Include project description, contact names, position, company name, telephone number, and email address for each reference listed. Submit your references on the Attachment F – Contractor’s Qualification Form. References will be checked for those short-listed for possible award.

9) LITIGATION HISTORY: <Pass/Fail>

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

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

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

11) BID BOND: Respondents shall submit an electronic bid bond and associated Power of Attorney for the Texas Facilities Commission in the sum of not less than 5% of the base bid amount of the proposal or $25,000.00, whichever is less. No other form of security will be accepted. The Bid Bond submitted by the awarded vendor will be held until the Performance and Payment bonds have been subsequently received and approved. Within 3 business days of the due date, a hard copy of the bid bond shall be submitted to Attn: Texas Facilities Commission Procurement, RFP 0006050, 1711 San Jacinto Blvd, Austin, TX 78701.

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

b. If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their bids will be honored after this ninety (90) day period. See Attachment B – Execution of Proposal Form for additional optional bid bond verbiage.

12) HUB SUBCONTRACTING PLAN: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

· 21.1% for commodities contracts

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

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

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

c. The HUB Subcontracting Plan shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HUB Subcontracting Plan if: (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its HUB Subcontracting Plan; and (d) TFC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

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

e. HUB subcontracting opportunities may be available in the following NIGP** class/item codes and descriptions. The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. **These codes are defined by the National Institute of Governmental Purchasing (NIGP).

A complete listing of all NIGP Class & Item Codes can be found at: https://mycpa.cpa.state.tx.us/commbook/

f. Respondents must submit their HSP information and “Good Faith Effort” documentation through TFC’s HUB Compliance System (B2G). Please note that the HSP is referred to as the Utilization Plan (UP) in the TFC’s HUB Compliance System (B2G). The HUB Compliance Reporting System (B2G) is a resource tool to automate the HSP entry process. The online entry of the HSP will be in accordance with Texas Government Code (TGC), Section 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281 – §20.298 of the Texas Administrative Code (TAC). The HSP good faith effort controls are built into the HUB Compliance Reporting System, which drives the process to ensure HUB compliance is met. The output document is the same format as the State of Texas Comptroller of Public Accounts requires HSP form.

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

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

i. Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

13) Attachment L, AP-152 Form: Respondent will fill out form and submit with response.

9. QUESTIONS:

A. All questions shall be submitted through the Bonfire Portal as specified in Attachment I – Bonfire Submittal Instructions.

B. All questions will result in written responses with copies posted to the ESBD, available at: http://www.txsmartbuy.gov/esbd and the Bonfire Portal.

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

D. Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

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

10. REQUEST FOR SUBSTITUTION REQUESTS

A. Request for approval of proposed substitute items, including all materials required for that request to be reviewed, must be received no later than 3:00 pm, Monday, August 18, 2025 by the Purchaser. Substitution request submitted after the deadline will not be considered.

B. Request for approval of proposed substitute items shall be submitted on a copy of the Attachment G – Substitution Request Form.

C. The Attachment G – Substitution Request Form shall be submitted via email to the Purchaser at the email address indicated above prior to the deadline specified in the Schedule of Events. Use subject line: RFP #0006050 Substitution Request. The Purchaser will reply to confirm that the request was received. It is the responsibility of the Respondent to ensure that the substitution request was received by the deadline specified in 10 (a) above. Multiple submissions for substitution requests will be allowed as necessary.

D. Samples shall be required for certain proposed substitute items as determined by the Owner. These items shall be brought to a location directed by the Purchaser for review prior to the proposed substitution cut-off date. Instructions for sample delivery will be provided by Purchaser at the time of request.

E. Therefore, the Respondent’s proposal and the Proposal Documents shall include only those items or products originally specified or subsequently approved by the Owner in writing and issued as an addendum prior to the proposal.

11. PROPOSAL SUBMISSION:

A. Proposals shall be uploaded via the Bonfire link in Attachment I – Bonfire Submission Instructions and Guidelines prior to 3:00 PM on the date specified in the Schedule of Events. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the uploads process well in advance of the deadline to allow enough time to upload the documents into the Portal.

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

C. Telephone, facsimile, and email proposals will not be accepted.

D. Any issues with uploading shall first be addressed with Bonfire Technical Support at the contact information included in Attachment I – Bonfire Submission Instructions and Guidelines. Contact the Purchaser if there are issues with the site prior to the deadline for alternate arrangements if needed. Failure to contact the Purchaser prior to the deadline will result in submitted proposal marked as late and will be disqualified.

12. PROPOSAL OPENING:

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

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

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

13. PROPOSAL EVALUATION AND AWARD:

A. TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP. Packages will be awarded complete and not split.

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

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

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

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

F. In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, CPA’s Vendor Performance Tracking System, available at http://www.txsmartbuy.gov/vpts. Prior work performance with TFC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TFC or another State agency may be disqualified.

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

1) confirm the information contained in the proposal;

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

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

4) Evaluate Respondent’s quality and safety programs.

H. As part of the interview evaluation, and prior to interviews, short-listed Respondents shall assemble a binder with pictures, colors, and descriptions of the playground items, surfacing, outdoor furniture and shade covers representing the Manufacturer and product type that is proposed by the Respondent in their proposal. See Attachment E – Project Manual and Specifications for full details.

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

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

K. Protests: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

L. Public Disclosure: News or social media releases pertaining to this RFP or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFP and the disqualification of the Respondent to respond to any re-solicitation.

M. Right to Audit: Vendors understand that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, TFC or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

N. Protests: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

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

RFP #0006050

TSBVI Playground Equipment, Surfacing, Shade Canopy(s), and Outdoor Furniture

ATTACHMENT A – TFC STANDARD TERMS AND CONDITIONS

Available at the following link:

https://www.tfc.texas.gov/divisions/commissionadmin/prog/internal-procurement-1/sb20/

ATTACHMENT B - EXECUTION OF PROPOSAL

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

Legal Entity Name:

Address:

City, State, Zip:

RESPONDENT AFFIRMATIONS:

1. Having carefully examined the RFP, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, Respondent hereby proposes to furnish all labor, materials, and equipment necessary to complete the work in the amounts proposed in Attachment D - Compensation and Fees Furniture Package Proposal Forms.

2. Provided the proposal is accepted, the Respondent, signature herein, agrees to accept the Purchase Order and related Attachments and Exhibits and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days after issuance of the Purchase Order, TFC may retain as forfeit Bid Bond in the sum of not less than 5% of the base bid amount of the proposal or $25,000, whichever is less, and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

7. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

9. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

10. Former Agency Employees: In accordance with Section 2252.901 of the Texas Government Code, Respondent represents and warrants that for professional services contracts as described by Chapter 2254 of the Texas Government Code, if a former employee of TFC was employed by Respondent within one year of the employee's leaving the agency, then such employee will not perform services on projects with Respondent that the employee worked on while employed by TFC.

11. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

12. Foreign Terrorist Organizations: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

13. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

14. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

15. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken.