ESBD_488780_1770732510040_RFP 303-8-20830 Austin or surrounding area TWDB 02-10-2026.pdf

Rev. July 8, 2025

Texas Facilities Commission P.O. Box 13047

Austin, Texas 78711-3047

STATE LEASING SERVICES

REQUEST FOR PROPOSALS

FOR

THE LEASE OF 8,288 SF THAT CONSISTS OF 1,788 SF OF

OFFICE SPACE & 6,500 SF OF UNCONDITIONED

WAREHOUSE SPACE IN

AUSTIN, BUDA, CEDAR CREEK, CEDAR PARK,

COUPLAND, DALE, DEL VALLE, DRIPPING SPRINGS,

ELGIN, HUTTO, KYLE, LEANDER, MANCHACA, MANOR,

PFLUGERVILLE, ROUND ROCK OR SPICEWOOD, TEXAS

FOR THE

TEXAS WATER DEVELOPMENT BOARD (TWDB)

RFP # 303-8-20830

Dated: February 10, 2026

Proposal Due Date / Opening: March 24, 2026

Contents

SECTION I - GENERAL

SCOPE:

SPECIFICATIONS:

LOCATION REQUIREMENTS:

LEASE CONTRACT:

LEASE TERM:

STATE FUNDING:

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

SECTION II – SCHEDULE OF EVENTS

SCHEDULE OF EVENTS:

SECTION III – PROPOSAL REQUIREMENTS

SUBMISSION REQUIREMENTS:

SECTION IV – SUBMISSION INSTRUCTIONS

SECTION V – PROPOSAL OPENING

SECTION VI – PROPOSAL EVALUATION AND AWARD

1) EVALUATION PROCESS:

2) SELECTION AND AWARD PROCESS:

3) PROTESTS:

4) RIGHT TO AUDIT:

5) PUBLIC DISCLOSURE:

6) ORDER PRECEDENCE:

ATTACHMENT A – STATE LEASE CONTRACT TEMPLATE

ATTACHMENT B – AGENCY SPECIFIC REQUIREMENTS/ROOM SCHEDULE

ATTACHMENT C - PROPOSAL SUBMITTAL AND EXECUTION OF PROPOSAL FORM

ATTACHMENT D - RFP CHECKLIST

SECTION I - GENERAL

SCOPE: The Texas Facilities Commission (TFC) has identified a need for lease space to meet the requirements of the Texas Water Development Board (TWDB). Pursuant to Texas Government Code, Section 2167.054, TFC is soliciting offers for 8,288 SF consisting of 1,788 usable SF of office space and 6,500 usable SF of unconditioned warehouse space in the City of Austin, Buda, Cedar Creek, Cedar Park, Coupland, Dale, Del Valle, Dripping Springs, Elgin, Hutto, Kyle, Leander, Manchaca, Manor, Pflugerville, Round Rock or Spicewood in Bastrop, Burnet, Caldwell, Hays, Travis or Williamson County, Texas, under the guidelines provided in Texas Government Code, Chapter 2167. All proposals must meet the requirements outlined in this request for proposals (RFP) to be considered for evaluation by TFC.

SPECIFICATIONS: The lease property provided shall be in accordance with the specifications herein.

TFC will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality or acceptability of work performed. TFC will decide the rate of progress of the work and the acceptable fulfillment of the Lease on the part of Lessor. See Attachment A – State Lease Contract Template and Attachment B – Agency Specific Requirements/Room Schedule for full lease space requirements.

LOCATION REQUIREMENTS: The proposed lease space must be located within one of the following zip codes: 78610, 78612, 78613, 78615, 78617, 78620, 78621, 78634, 78640, 78641, 78645, 78652, 78653, 78660, 78664, 78669, 78701, 78702, 78703, 78704, 78705, 78712, 78719, 78721, 78722, 78723, 78724, 78725, 78726, 78727, 78728, 78729, 78730, 78731, 78732, 78733, 78734, 78735, 78736, 78737, 78738, 78739, 78741, 78742, 78744, 78745, 78746, 78747, 78748, 78749, 78750, 78751, 78752, 78753, 78754, 78756, 78757, 78758, 78759, or 78616.

LEASE CONTRACT: The State of Texas’ standard lease shall be utilized. Refer to Attachment A – State Lease Contract Template. THE STANDARD LANGUAGE WITHIN THE LEASE IS NOT NEGOTIABLE. The initial term of the lease will be for five (5) or ten (10) years.

LEASE TERM: This lease shall be for a period of five (5) or ten (10) years beginning October 1 ,2027;

however, to be considered for award, respondent must complete both the five (5) year and the ten (10) year sections on Attachment C - Proposal Submittal and Execution of Proposal Form.

STATE FUNDING: This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the Contract shall apply.

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

TERM DEFINITION

ADA American Disabilities Act

Addenda/Addendum A modification of specifications issued by TFC.

Best and Final Offer

(BAFO)

A formal request made to acceptable or potentially acceptable Respondents for revision to the originally submitted proposal.

CMBL

Centralized Master Bidder’s List is a master database used by the state of Texas purchasing entities to develop a mailing list for vendors to receive bids based on the products or services they can provide to the state of Texas. Link to the CMBL is https://comptroller.texas.gov/purchasing/vendor/cmbl/

Commission or TFC Texas Facilities Commission

Contract The State Lease Contract attached to this Request for Proposal (RFP) as “Attachment A” OR it may be found under “Standard State Lease Contract” at the following link: http://www.tfc.state.tx.us/divisions/facilities/prog/leasing/

ESBD

Electronic State Business Daily is the designated website that state agencies, universities, and municipalities use to post formal solicitations (over $25K), addenda to posted solicitations, and awards. Link to the ESBD http://www.txsmartbuy.gov/esbd

Lessee State of Texas acting by and through the Texas Facilities Commission, for and on behalf of the occupying agency(ies).

Lessor A person or entity who owns or controls real property that is the subject of a lease agreement conveying rights of use and possession in exchange for payment of funds.

Occupying Agency State agency who has possession of the premise.

Respondent An individual, partnership or corporation that responds to this RFP.

RFP Request for Proposals

TAS Texas Accessibility Standards of the Texas Architectural Barriers Act, Texas Government Code, Chapter 469.

https://comptroller.texas.gov/purchasing/vendor/cmbl/ http://www.tfc.state.tx.us/divisions/facilities/prog/leasing/ http://www.txsmartbuy.com/esbd

SECTION II – SCHEDULE OF EVENTS

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.

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

EVENT DATES

Issue RFP February 10, 2026

Deadline for Submission of Questions March 3, 2026

TFC’s Posting of Response to Questions March 10, 2026

Deadline for Submission of Proposals March 24, 2026

Target Date for Award of Lease June 18, 2026

Expected Lease Start Date October 1, 2027

SECTION III – PROPOSAL REQUIREMENTS

SUBMISSION REQUIREMENTS:

1) REQUIRED NUMBER OF COPIES: Respondents shall submit one (1) original and four (4) copies of the proposal, including any required attachments. Pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal. Documents containing original signatures should be clearly marked as “Original.”

2) PROPOSAL COSTS: Respondents to this RFP are responsible for all costs of proposal preparation, oral presentations, or negotiations.

3) ACKNOWLEDGEMENT OF ADDENDA: Receipt of all addenda to this RFP should be acknowledged in the proposal or a signed copy of each addendum should be returned with the proposal. Any addenda to this RFP will be posted to the Electronic State Business Daily (ESBD) and may be viewed and obtained at the following link: http://www.txsmartbuy.gov/esbd

4) MULTIPLE RESPONSES: If submitting multiple locations/properties in response to a single solicitation, each multiple location/property must be in a separate envelope marked with the solicitation number, vendor name and address, and the solicitation opening date and time.

5) PUBLIC INFORMATION ACT: 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 submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. Do not mark your entire proposal as confidential. Should trade secrets or proprietary or otherwise confidential information be included in the submitted electronic copy, Respondent should mark the medium with the word “CONFIDENTIAL.” 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.

6) CONTENT: Below is a summary of required and requested information; proposals submitted without this information may be rejected. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State of Texas. Failure to submit a completed or signed Attachment C - Proposal Submittal and Execution of Proposal shall result in disqualification.

a) Company Information: Including, but not limited to the following:

i) Company description;

ii) Ownership (if partnership, identify each partner);

iii) Physical address (if partnership, include address of each partner);

iv) Mailing address (if partnership, include address of each partner);

v) Other company locations;

vi) Telephone and facsimile number;

vii) E-mail address of company’s primary contact; and

viii) If applicable, the name of any Property Management Company utilized by the Respondent to manage the leased property. TFC, at its sole discretion, may request the Respondent to provide a copy of any agreement between the Respondent and the Property Management Company.

b) Litigation History: Provide details of all past or pending litigation or claims filed against Respondent within the past three (3) years. Respondents involved in litigation with owners or other lessees, depending on circumstances of litigation, may be disqualified.

c) Relevant Experience and Financial Condition:

i) Provide a summary of qualifications including commercial development experience and commercial property management experience;

ii) Provide a summary of real properties currently owned and/ or managed;

iii) Provide resumes of key management personnel;

iv) Describe separately, properties currently leased to the State;

v) Provide a written statement attesting to financial capacity to perform under the terms, conditions, and specifications of the State Lease Contract; and

vi) Financial report, including latest annual report and latest quarterly report (Pass/Fail).

d) References: Respondent shall provide references with contact information, including name(s), company information, and telephone number(s). TFC requires a minimum of three (3) total references which meets the following guidelines:

i) Up to three (3) references from governmental agencies (other than the client agency requesting the space).

ii) Up to three (3) references from current tenants.

iii) If Respondent has no previous experience acting as a Lessor or within a Property Management capacity, TFC may accept applicable professional references.

e) Property Condition Statement: Provide a description of the condition of facility/property offered, including the following:

i) The original use versus current use;

ii) Age of facility offered;

iii) General condition of building/property;

iv) Security for parking and building/property;

v) Proof of TAS and ADA compliance;

vi) Description of any asbestos, mold or other hazardous abatement in the past 5 years;

vii) One (1) signed original of property condition statement; and

viii) If requested by TFC, a copy of all utility bills for the past year.

f) Attachment C - Proposal Submittal and Execution of Proposal form: Respondents shall complete this form as directed and provide a Lease Space Cost for each property to be leased in response to this RFP. This form is to 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.

i) Lessor must indicate the costs for Utilities and Janitorial services, as requested on the Attachment C – Proposal Submittal and Execution of Proposal Form. Proposals submitted without this information may be rejected. TFC reserves the right to request clarification from respondents that do not include this information and depending on the reason(s) for omission, may accept or reject the proposal. TFC reserves the right to assume costs for those services at any time during the original lease period or renewal and to reduce the monthly rental by the applicable amount.

ii) In accordance with Texas Government Code, Section 2167.003, TFC will give first consideration to structures that have been designated as Recorded Historic Landmarks, listed on the National Register of Historic Places, or have been designated landmarks by the local governing authority. Please indicate on the face of proposal submittal form if the space offered meets these requirements.

iii) Pursuant to Texas Government Code, Section 2167.009, in leasing space for the use of a state agency, TFC or the private brokerage or real estate firm assisting TFC shall give consideration to a federally owned or operated military installation or facility. Please indicate on the face of proposal submittal form if the space offered meets these requirements.

g) Evidence of Ownership or Control: TFC will NOT accept any proposal without a specific legal description AND legally enforceable documentation proving ownership or control of the property offered. Only ONE (1) location may be submitted per proposal package.

i) Property Owned by Lessor: If the property is currently owned by the Lessor, the proposal must include the following to support ownership except in situations permitted below under g.ii.:

(1) A legible copy of a recorded deed showing the name(s) of the owner(s) and legal property description. The name(s) of the owner(s) must match the names of the Lessor(s). The recorded deed must include the legal description of the property offered.

(2) If the legal description in the deed does not describe the property offered (because of re-subdivision or other reasons), Lessor shall attach a current legal description of the specific property and a plat map clearly identifying the specific property.

ii) Agent for Owner: If the property is not currently owned by the Lessor, the proposal must include the following to prove control:

(1) A legible copy of a fully executed document demonstrating control of the property offered, which may be demonstrated by a contract for sale, an exclusive option, or other legally enforceable agreement acceptable to TFC between the seller and Lessor. Any documentation submitted to prove control of the property must contain clear language specifying the legal property description and period of control, which must NOT terminate during the evaluation process and prior to award of the Lease.

(2) A copy of a recorded deed showing the name of the owner(s), which must exactly match the name of the seller(s). The recorded deed must include the legal description of the property conveyed.

(3) Proof of legal authority to act on behalf of an owner must be submitted.

(4) A proposal submitted by an agent MUST include a copy of the legally enforceable document, acceptable to TFC identifying the principal, scope and duration of the agreement.

iii) No property substitution will be allowed.

iv) All owners or potential owners of the property must be disclosed.

h) Site Plan: Proposer must provide a copy of the proposed site plan. The site plan must show the footprint of the building and the parking lot, as well as the proposed accessible route(s) into the property and between the building and parking lot, as applicable.

i) Location: Proposer must provide a copy of a city or county map indicating the location of the building/site offered. Copy of map should be no larger than 11" x 17".

j) Zoning: If new construction, the proposer must provide a current zoning map of the proposed property and surrounding properties including a map legend of the zoning overview and right of ways.

7) QUESTIONS:

a) All questions shall be in an editable format and submitted in writing to Ayra Matthews, at facsimile

(512) 236-6187 or by email to Ayra.Matthews@tfc.texas.gov.

mailto:Ayra.Matthews@tfc.texas.gov

b) All questions that result in a change to the specifications or that the TFC deems necessary for clarifications will result in written addenda posted to the Electronic State Business Daily at:

http://www.txsmartbuy.gov/esbd. TFC will notify all original bidders who were listed on the CMBL at the time of the original solicitation posting. If respondents do not have internet access, copies may be obtained through the TFC point of contact listed above. Addenda will be posted after Question Submittal Deadline date listed in Section II, Schedule of Events above.

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 will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

d) Upon issuance of this RFP, except for written questions as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with potential Lessors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal, nor does it include discussions with the TFC lease officer or representative for the purposes of negotiation or Best and Final Offer (BAFO) after the proposal submittal deadline as listed in Section II, Schedule of Events above.

8) DELIVERY OF PROPOSALS: Proposals shall be submitted to TFC by one of the following methods:

U.S. Postal Service Overnight/Express Mail Hand Deliver

TFC – Bid Services ATTN: Ayra Matthews

RFP #303-8-20830

Central Services Building

PO BOX 13047

Austin, TX 78711-3047

TFC – Bid Services ATTN: Ayra Matthews

RFP #303-8-20830

Central Services Building, Rm. 176 1711 San Jacinto Blvd.

Austin, TX 78701 Hours – 8:00 AM – 5:00 PM

TFC - Bid Services ATTN: Ayra Matthews

RFP #303-8-20830

Central Services Building 1st Floor Receptionist 1711 San Jacinto Blvd.

Austin, TX 78701 Hours – 8:00AM - 4:00 PM

SECTION IV – SUBMISSION INSTRUCTIONS

1) All proposals shall be received, and time stamped at TFC prior to 3:00 p.m. Central Time on the date specified in the Schedule of Events above in Section II. TFC reserves the right to accept late submittals.

2) Proposals should be placed in a separate envelope/package and correctly identified with the following information: Individual or company name, address, RFP number, submittal deadline/opening date and time. If submitting responses for multiple properties, each property submittal should be placed in a separate envelope and correctly identified with the aforementioned information. TFC will not bear liability for any costs incurred in the preparation and submission of proposals in response to this

RFP.

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

SECTION V – PROPOSAL OPENING

1) Proposals will be opened at the Central Services Building, 1711 San Jacinto Blvd., Austin, Texas.

2) Proposals will be received until the date and time established for receipt and then opened. Only the names of the Respondents will be made public. Prices and terms will not be divulged until after lease award. All information, documentation, and other related submission materials is subject to the Texas Public Information Act, Tex. Gov’t Code, Chapter 552.

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

4) A response to this solicitation is an offer to lease to the State of Texas based on the terms, conditions and specifications contained in the solicitation. Responses submitted shall constitute an offer for a period of ninety (90) days or until an award is made by TFC, whichever occurs earlier.

5) Offers of property, the legal status of which contemplates the State as a sublessee, will not be considered responsive to this RFP and will be returned.

SECTION VI – PROPOSAL EVALUATION AND AWARD

1) EVALUATION PROCESS:

a) TFC shall award the contract to the Respondent whose proposal is considered to provide the best value to the State of Texas, as defined by TGC, Section 2167.0021. In determining the best value, the commission may consider:

i) the cost of the lease contract;

ii) the age, type, condition and location of lease space;

iii) costs, if any, of improvements required to meet agency specifications;

iv) utility costs;

v) access to public facilities and transportation;

vi) parking availability and costs;

vii) security;

viii) telephone service availability and costs;

ix) space planning considerations;

x) direct and indirect costs of relocation;

xi) indicators of probable Lessor performance under the lease, such as the Lessor's financial resources, experience, and history of bankruptcy, litigation, and judgments;

xii) compliance with the Texas Accessibility Standards of the Texas Architectural Barriers Act, Texas Government Code, Chapter 469;

xiii) any other relevant factors related to the agency specifications and existing market conditions;

and

xiv) five or ten year lease term.

b) 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:

EVALUATION CRITERIA WEIGHT

Litigation History Pass/Fail

Location: Site Plan, Location, Zoning 5% Price 50% Relevant Experience, Financial Condition, References 20% Condition of Facility/Property 25%

TOTAL 100%

c) TFC reserves the right to reject any or all proposals submitted; award a lease to the proposer who in TFC’s opinion in accordance with TFC’s administrative code requirements offers the best value to the State; cancel the RFP process; or pursue alternate methods for providing the space requirements.

d) TFC reserves the right to conduct studies and other investigations as necessary to evaluate any proposal.

e) TFC reserves the right to waive any minor technicality noted in the submission process.

Submission of proposals confers no legal rights upon any proposer.

f) TFC reserves the right to request further documentation or information and to discuss a proposal with any proposer in order to answer questions or to clarify any aspect of the proposal.

g) Proposals shall be scored by an evaluation committee, using the criteria shown in Section VI, Para.

1(b) above. The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a lease may be made without discussions or Best and Final Offers, if in the best interest of the State. The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal. TFC may, at its discretion, elect to have respondents provide oral presentations of their proposals. A request for a Best and Final Offer will be made at the sole discretion of TFC and will be requested in writing. The designated TFC Lease Officer and TFC‘s Director of State Leasing Services will evaluate the finalists and make a recommendation for award. In the event an award does not occur, the process may continue until TFC makes an award or terminates the process. TFC may develop a “short list” of qualified proposals and may determine that the proposer(s) should submit a Best and Final Offer (BAFO).

Each “short listed” proposer will be given a reasonable opportunity for discussion and revision of its proposal.

h) A proposal presented in response to this RFP is subject to negotiation concerning any issue(s) deemed relevant by TFC. TFC reserves the right to negotiate any issue with any party. Lessor may not negotiate with any occupying agency. Any contact by Lessor with TFC or occupying agency regarding this RFP, other than those submitted in writing in accordance with Section III, Para. 7(a) above, will result in disqualification of the proposal. When space offered is to be constructed, TFC may require additional information or documentation before a lease is awarded.

i) 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.

2) SELECTION AND AWARD PROCESS:

a) A Notice of Award will be sent to the successful proposer. Execution of the State lease contract is required prior to processing any payments to Lessor.

b) A response to this solicitation is an offer to lease to the State of Texas based on the terms, conditions and specifications contained in the solicitation.

c) Responses do not become leases unless and until they are accepted by the Commission, approved by a majority vote of a quorum of the Commission members, and a standard State of Texas Lease is executed by all parties.

d) All Lease Award Notices are subject to approval by a majority vote of a quorum of the Commission members of the Texas Facilities Commission. If the Commission does not ratify the Lease, it may be terminated by the State of Texas without liability upon thirty (30) days’ notice to Lessor.

e) Pursuant to Texas Government Code, Sec. 2167.006, TFC may not enter a lease unless the real property complies with the Texas Accessibility Standards of the Texas Architectural Barriers Act, Tex. Gov’t Code, Chapter 469.

3) 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 1 Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

4) RIGHT TO AUDIT: Lessor understands that acceptance of funds under this lease 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. Lessor further agrees to cooperate fully with the above parties during the course of the audit or investigation, including providing all records requested.

Lessor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Lessor and the requirement to cooperate is included in any subcontract it awards.

5) PUBLIC DISCLOSURE: Lessor shall not provide public disclosures or news releases pertaining to this RFP without prior written approval of TFC.

6) 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: 1) Attachment A - State Lease Contract Template, 2) Addenda, 3) RFP (including attachments B-D), 4) Respondent’s response to Request for Proposal.

ATTACHMENT A – STATE LEASE CONTRACT TEMPLATE

POSTED TO THE ESBD

ATTACHMENT B – AGENCY SPECIFIC REQUIREMENTS/ROOM SCHEDULE

POSTED TO THE ESBD

WILL BE EXHIBIT B1 TO THE STATE LEASE CONTRACT

ATTACHMENT C - PROPOSAL SUBMITTAL AND EXECUTION OF PROPOSAL FORM

NOTE: LESSORS MUST COMPLETE AND RETURN THIS ATTACHMENT WITH THEIR PROPOSAL. FAILURE TO DO SO SHALL RESULT IN

DISQUALIFICATION OF THE PROPOSAL.

NOTE: NO MODIFICATIONS MAY BE MADE TO THIS PROPOSAL FORM. MODIFICATIONS TO THIS FORM, EXCEPT FOR SELF EVIDENT

ERRORS, SHALL RESULT IN DISQUALIFICATION.

NOTE: TO BE CONSIDERED FOR AWARD, RESPONDENT MUST COMPLETE BOTH THE 5 YEAR AND THE 10 YEAR SECTIONS ON THIS

ATTACHMENT C - PROPOSAL SUBMITTAL AND EXECUTION OF PROPOSAL FORM.

The Texas Facilities Commission is seeking competitive sealed proposals for a total of 8,288 usable square feet of space, which shall meet all requirements outlined in the attached lease specifications and room schedule.

LESSOR INFORMATION:

Name of Lessor: (Owner):

Address of Lessor:

Street City State Zip

Contact Information Telephone Number Fax Number E-mail Address

PROPOSED LEASE SPACE:

Name of Building Offered:

Current Status (Check All That Apply):

□ Existing Building □ To Be Constructed □ Historic Structure □ Military Installation/Facility

Street Address of Building or Site:

Latitude and Longitude from the four corners of the offered property must be shown below.

Latitude: Longitude:

City: County: State: Zip:

PROPOSED COST: 5 YEAR LEASE

NOTES: NO MODIFICATIONS MAY BE MADE TO THIS PROPOSAL FORM. MODIFICATIONS TO THIS FORM, EXCEPT FOR SELF EVIDENT ERRORS, SHALL RESULT IN DISQUALIFICATION. THE TABLE LISTED BELOW MUST BE COMPLETED IN ITS ENTIRETY; NO SPACES MAY BE LEFT BLANK. BLANK SPACES MAY BE GROUNDS FOR DISQUALIFICATION. TO BE CONSIDERED FOR AWARD, RESPONDENT MUST COMPLETE BOTH THE 5 YEAR AND THE 10 YEAR SECTIONS ON THE ATTACHMENT C - PROPOSAL SUBMITTAL AND EXECUTION OF

PROPOSAL FORM.

Name of Proposed Lessor:

Street Address of Building:

COLUMN A COLUMN B COLUMN C

1 Office Base Rent (Net Service) Monthly Rate per SF Total Monthly Base Rent

2 Office Square Footage 1,788

(A2 x B2 = C2) 4 Office Base Rent (Full Service)

5 Janitorial Cost (per month)

(Monthly by square footage)

(A2 x B5 = C5)

6 Utility Cost (per month)

(A2 x B6 = C6)

7 TOTAL Office Gross (per month)

(B2 + B5 + B6 = B7)

(C2 + C5 + C6 = C7)

8 Unconditioned Warehouse (Net Service)

9 Warehouse Square Footage (includes Lab) 6,500 $___________________

(A9 X B9 = C9)

10 Unconditioned Warehouse (Full Service)

11 Total Monthly Base Rent

(Same as B9)

(A9 X B11 = C11)

12 Janitorial Cost (per month)

(A9 x B12 = C12)

13 Utility Cost (per month)

(A9 x B13= C13)

14 Total Warehouse Gross (per month)

(B11 + B12 + B14 = B14)

(C11 + C12 + C13 = C14)

For the purpose of determining the cost of adding or deleting usable space under a lease resulting here from, Lessor will allow TFC to compute the necessary monthly cost per square foot from information set out above.

ABSOLUTELY NO PROPOSAL INFORMATION OR RESULTS WILL BE RELEASED UNTIL AFTER AN AWARD IS MADE.

PROPOSED COST: 10 YEAR LEASE

NOTES: NO MODIFICATIONS MAY BE MADE TO THIS PROPOSAL FORM. MODIFICATIONS TO THIS FORM, EXCEPT FOR SELF EVIDENT ERRORS, SHALL RESULT IN DISQUALIFICATION. THE TABLE LISTED BELOW MUST BE COMPLETED IN ITS ENTIRETY; NO SPACES MAY BE LEFT BLANK. BLANK SPACES MAY BE GROUNDS FOR DISQUALIFICATION. TO BE CONSIDERED FOR AWARD, RESPONDENT MUST COMPLETE BOTH THE 5 YEAR AND THE 10 YEAR SECTIONS ON THE ATTACHMENT C - PROPOSAL SUBMITTAL AND EXECUTION OF

PROPOSAL FORM.

Name of Proposed Lessor:

Street Address of Building:

COLUMN A COLUMN B COLUMN C

1 Office Base Rent (Net Service) Monthly Rate per SF Total Monthly Base Rent

2 Office Square Footage 1,788

(A2 x B2 = C2) 4 Office Base Rent (Full Service)

5 Janitorial Cost (per month)

(A2 x B5 = C5)

6 Utility Cost (per month)

(A2 x B6 = C6)

7 TOTAL Office Gross (per month)

(B2 + B5 + B6 = B7)

(C2 + C5 + C6 = C7)

8 Unconditioned Warehouse (Net Service)

9 Warehouse Square Footage (includes Lab) 6,500 $___________________

(A9 X B9 = C9)

10 Unconditioned Warehouse (Full Service)

11 Total Monthly Base Rent

(Same as B9)

(A9 X B11 = C11)

12 Janitorial Cost (per month)

(A9 x B12 = C12)

13 Utility Cost (per month)

(A9 x B13= C13)

14 Total Warehouse Gross (per month)

(B11 + B12 + B14 = B14)

(C11 + C12 + C13 = C14)

For the purpose of determining the cost of adding or deleting usable space under a lease resulting here from, Lessor will allow TFC to compute the necessary monthly cost per square foot from information set out above.

ABSOLUTELY NO PROPOSAL INFORMATION OR RESULTS WILL BE RELEASED UNTIL AFTER AN AWARD IS MADE.

LESSOR RESPONSIBILITIES:

1) Lessor shall comply with all federal, State of Texas, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the lease including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Lessor shall furnish TFC with satisfactory proof of its compliance.

2) Lessor shall be responsible for damage to TFC’s equipment and/or property by Lessor’s works, its negligence in work, its personnel, or its equipment. Lessor shall be responsible and liable for the safety, injury, and health of its working personnel while its employees are performing work for TFC.

3) Lessor shall provide all labor and equipment necessary to perform the lease described herein. All employees of Lessor shall be a minimum of seventeen (17) years of age and experienced in the type of work to be performed. No visitors, wives, husbands, children or other relatives of the Lessor’s employees will be allowed on state property during working hours unless they are bona fide employees of Lessor.

DAMAGE CLAIMS: LESSOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ALL OF ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS COSTS, DAMAGES, AND LIABILITIES, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACT OR OMISSION OF LESSOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF LESSOR IN THE EXECUTION OR PERFORMANCE OF THIS LEASE. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.

RESPONDENT AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

ABANDONMENT OR DEFAULT: If Lessor defaults on the lease, TFC reserves the right to cancel the lease without notice and either re-solicit or re-award the lease to the next best responsive and responsible respondent. The defaulting Lessor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specifications or scope of work is significantly changed.

SUBCONTRACTORS: Subcontractors providing a service under the Lease shall meet the same requirements as required of Lessor. A subcontract under the Lease shall not relieve Lessor of its duties and responsibilities under the Lease. If Lessor uses a subcontractor to perform any of its obligations under the Lease, then the following conditions shall apply:

1) All subcontracting shall be at Lessor’s sole expense.

2) Lessor shall be the only contact for TFC and subcontractors. Lessor shall list a designated point of contact for all TFC and subcontractor inquiries.

BIDDER AFFIRMATIONS:

By signature hereon, Lessor certifies all information submitted to be complete, true and correct.

1) All statements and information prepared and submitted in the response to this RFP are current, complete and accurate.

2) Proposer has not given, offered to give, nor intends to give at anytime 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. Failure to sign the Execution of Proposal or signing it with a false statement, shall void the submitted offer or any resulting contracts.

3) Neither the Proposer or the firm, corporation, partnership, or institution represented by the proposer or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business.

4) By signing this proposal, Proposer certifies that if a Texas address is shown as the address of Proposer, Proposer qualifies as a Texas Bidder, as defined in Section 2155.444(c) of the Texas Government Code.

5) Proposer certifies that owner is not currently delinquent in the payment of any taxes or certain debts owed in accordance with Texas Government Code, Sec. 2252.903 (Contracting With Persons Who Have Debts or Delinquencies).

6) Under Section 2155.004, Texas Government Code, the proposer certifies that the individual or business entity named in this proposal or lease is not ineligible to receive the specified contract and acknowledges that this lease may be terminated and payment withheld if this certification is inaccurate.

7) Under Texas Family Code, Section 231.006, relating to child support, the individual or business entity named in this proposal is eligible to receive the specified payment and acknowledges that this lease may be terminated, and payment withheld if this certification is inaccurate. The proposal includes the names and social security numbers of each person with a minimum of twenty-five percent (25%) ownership of the business entity submitting the proposal.

8) Proposer is in compliance with Texas Government Code, Section 669.003, relating to contracting with an executive of a state agency. If Section 669.003 applies, Proposer shall provide the following information as an attachment to this response: Name of former executive, name of state agency, date of separation from state agency, position with Lessor, and date of employment with Lessor.

9) Proposer agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

10) Proposer represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of Lessor and to bind Lessor under any lease resulting from this proposal.

11) Proposer shall be the entity that contracts with the State and shall be held liable for performance under the proposal submitted.

12) Proposer must sign this proposal (1) personally, (2) by corporate officer identifying the corporate office held, or (3) by its agent, which must provide evidence establishing authority to sign for the owner. Failure to provide the required authorizations may result in disqualification of this proposal.

13) Proposer agrees to comply with the requirements set out in the RFP, lease specifications, and terms and conditions of the State of Texas lease contract. Exceptions to any item in the RFP, specifications or contract must be in writing and included with this form. Any exception taken which gives special advantage to the proposer or seeks to avoid a mandatory requirement, term or condition will result in disqualification of this proposal.

14) Entities that Boycott Israel: Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response

15) System for Award Management (SAM): Prior to awarding state funds for goods and/or services rendered, the State of Texas will conduct a required search of your firm using the Federal System for Award Management (SAM). This is a Federal government maintained database that records and tracks organizations either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list.

16) HB1295 of the 84th Legislature mandates that you must comply with the following:

a) TGC Section 2252.908, and new rules promulgated by the Texas Ethics Commission (“TEC”) pursuant to Section 2252.908, require a disclosure of interested parties by contractors that enter into certain types of government contracts. To comply with the law and new rules, contractors must file a Disclosure of Interested Parties Form 1295 (“Form 1295”) with the TEC and TFC

b) As of January 1, 2016, the TEC has made available on its website the new filing application that must be used to file Form 1295.

c) Go to: https://www.ethics.state.tx.us/filinginfo/1295/index.php#efa_collapse1. Under the heading ELECTRONIC FILING APPLICATION, click on “LOGIN to the Application’. Information on using the new filing application is also posted on the TEC’s website as of January 1, 2016.

d) Questions concerning the Form 1295 may be directed to State Leasing Services at Leasing@tfc.texas.gov.

17) Any lease awarded under this RFP shall be governed, construed, and interpreted under the laws of the State of Texas.

18) LESSOR ASSIGNMENTS: Lessor hereby assigns to the State of Texas any and all claims for overcharges associated with any lease resulting from this RFP which arise under the antitrust laws of the State of Texas, Texas Business & Commerce Code, Chapter 15.

19) Respondent's signature herein certifies that Respondent is not currently delinquent in the payment of any debt owed to the State of Texas; including but not limited to franchise taxes and child support, and that any payments due the firm under this contract will be applied to that debt.

20) The lease is void if sold or assigned to another company without written approval to TFC. Written notification of changes to company name, address, telephone number, etc. shall be provided to TFC as soon as possible, but not later than thirty (30) days from the date of change.

21) PATENTS OR COPYRIGHTS: Lessor agrees to defend, indemnify, and hold harmless TFC and the State from claims involving infringement of patent or copyrights arising from the RFP or subsequent award of a State of Texas lease.

22) COVID-19 Vaccine Passport Prohibition: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

23) Energy Company Boycotts: If Respondent is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

24) Firearm Entities and Trade Associations Discrimination: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

25) FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

26) Texas Family Code Compliance Requirement: Under TGC, Title 5, Subtitle D, Section 231.006, Family Code (relating to child support), the individual or business entity named in this solicitation is eligible to receive the specified payment and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate. The response includes the names of each person with a minimum of twenty-five percent (25%) ownership of the business entity submitting the response. Respondents that have pre-registered this information on the CPA Centralized Master Bidders List have satisfied this requirement. If not pre-registered, Respondent shall provide the name(s) below. Upon award, Respondent shall provide TFC Procurement the Social Security number(s) of the individual(s) listed below.

https://www.ethics.state.tx.us/filinginfo/1295/index.php#efa_collapse1

Firm Owner(s), Partners, Sole Proprietors, Share Holder(s) of twenty-five percent (25%) interest:

Name: Name:

(Respondent may use bottom of page if necessary.)

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

28) 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.

29) Respondent has disclosed in writing to Agency all existing or potential conflicts of interest relative to the performance of the contract.

30) Respondent certifies that it is not prohibited for award as per Section 572.057 of the Texas Government Code.

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Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this 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.

RESPECTFULLY SUBMITTED:

Authorized Signature:

Printed Name and Title:

Telephone:

Corporate Charter #:

Texas Identification Number (TIN) #:

If a corporation, attach a corporation resolution or other official corporate documentation, which states that the person signing this proposal is an authorized person to sign for and legally bind the corporation.

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ATTACHMENT D - RFP CHECKLIST

Checklist for RFP #: 303-8-20830 Austin, Buda, Cedar Creek, Cedar Park, Coupland, Dale, Del Valle, Dripping Springs, Elgin, Hutto, Kyle, Leander, Manchaca, Manor, Pflugerville, Round Rock or Spicewood

Title: Request for Proposals for the Lease of 8,288 SF consisting of 1,788 SF of Office Space and 6,500 SF of Unconditioned Warehouse Space in Austin, Buda, Cedar Creek, Cedar Park, Coupland, Dale, Del Valle, Dripping Springs, Elgin, Hutto, Kyle, Leander, Manchaca, Manor, Pflugerville, Round Rock or Spicewood , Texas for the Texas Water Development Board (TWDB)

Opening Date: March 24, 2026 @ 3:00 P.M. CT Respondent Name

1. Submitted one (1) original and four (4) copies:

• Company Information for owner of facility/property _______

• Experience & Financial Condition for owner of facility/property _______

• References _______

• Condition of facility/property _______

One signed original of property condition statement _______

• Attachment C – Proposal Submittal and Execution of Proposal Form _______

5yr Proposed Cost sheet _______

10yr Proposed Cost sheet _______

• Ownership/Control _______

Legible copy of a recorded deed showing the name(s) of the owner(s) and legal property description _______

If property is not owned, proposal must include deed showing sellers name _______

One copy of a city or county map indicating the location _______

Agents–proof of legal authority to act on behalf of the owner _______

• Site Plan _______

• Location _______

Provide a copy of a city map, no larger than 11 x 17, Indicating location of building/site offered _______

• Zoning Map, applicable if new construction. _______

• Acknowledgment of Addenda (If applicable) _______