ESBD_497746_1777067566710_RFQ-0008505_AE_Svcs_for_TSU_Law_Bldg_Final_Addendum 2.docx

TEXAS FACILITIES COMMISSION

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

REQUEST FOR QUALIFICATIONS FOR A/E SERVICES FOR DESIGN OF THE

TEXAS SOUTHERN UNIVERSITY – SCHOOL OF LAW

RFQ #0008505 Addendum #2

PROJECT #26-001-2578

Posting Date: April 8, 2026 Submittal / Opening Date: Tuesday, May 05, 2026, at 3:00 pm

Contents

RFQ #0008505 Addendum #2

TEXAS SOUTHERN UNIVERSITY SCHOOL OF LAW

REV. 10/10/2024

SECTION I - GENERAL

1. SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter A, Professional Services, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting submittal of qualifications to provide prime professional architectural/engineering (A/E) services for Project #26-001, for Texas Southern University’s Law School in Houston, Texas to support the successful execution and completion of design, construction, furnishings, fixtures, and equipment for the new building and related parking as detailed in Attachment F – Program of Requirements. Project will be on hold for up to 120 calendar days contingent upon property acquisition.

The Owner has engaged Broaddus and Associates as the Owner’s Representative for Project Management (PM) services.

2. CONTRACT TERM: It is the intention of TFC to award a Contract for full prime professional architectural/engineering (A/E) services for the term of the Project. Services undertaken pursuant to this RFQ will be required to commence within fourteen (14) calendar days of delivery of a Notice to Proceed for design. The Project is anticipated to be approximately thirteen hundred and eighty days (1,380) calendar days which includes construction.

3. 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 Professional Services Agreement shall apply.

4. 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. If primary is unavailable, Respondent may reach out to the secondary contact. Note: HUB-related questions may be submitted to the TFC OBO team as referenced in Section V- Submittal Requirements, 4. CONTENTS, Item H. HUB Subcontracting Plan, 9).

A. Primary Contact:

1) Purchaser Name: James Wooley, CTCD, CTCM

2) Purchaser Email: james.wooley@tfc.texas.gov B. Secondary Contact: If the contact above is not available, the contact listed below may be contacted.

1) Purchaser Name: Rico Gamino, CTCD, CTCM

2) Purchaser Email: rico.gamino@tfc.texas.gov

5. DEFINITIONS:

A. Addendum: A modification of the specifications issued by TFC.

B. Electronic State Business Daily (ESBD): the designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.gov/esbd C. Good Faith Effort: Effort required by vendors when completing the HUB Subcontracting Plan, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB vendors, C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, D) Self-Performing Contract (performing all work with own materials and labor), or E) Utilizing a Mentor Protégé relationship (a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé agreements click on link: https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/ D. HUB Subcontracting Plan (HSP): The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

E. Historically Underutilized Business (HUB): A business which meets ownership requirements as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, §20.282 Definitions F. HUB Subcontracting Plan: The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by TGC, Chapter 2161 and by Title 34, Chapter 20, Part 1, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

G. Owner: The Texas Facilities Commission.

H. Owners Representative (Project Management Firm, PMF): The firm designated by the Owner authorized to represent the Owner during the performance of the contract. Owner’s Representative is Broaddus and Associates, Inc.

I. Project Manager: The individual designated by the Owner authorized to represent the Owner during the performance of the Contract.

J. Respondent: An individual, partnership, or corporation that responds to this RFQ.

K. RFQ: Request for Qualification L. Rough Order of Magnitude (ROM): An early-stage, high-level estimate of a Project’s cost or duration. It is typically used during initiation to determine feasibility before detailed requirements exist.

M. TSU: Texas Southern University

SECTION II - PROJECT DESCRIPTION

1. The State of Texas envisions the new Thurgood Marshall School of Law (TMSL) as a new facility offering premiere educational accommodations to further establish its national ranking and draw students from across the country. The Project brings the complete cohort of School of Law programs and functions, now scattered across the campus, into one efficient structure. This space will serve TSU’s law students, student body, faculty, staff, and a compendium from community of law.

The structure will be located at the east side of campus on the northwest quadrant of the intersection of Scott St. and Wheeler Avenue with approximately 235,000 to 250,000 gross square feet, in a 4-story building. This site provides strong visibility and connectivity because of these arterials. The site will also serve as the eastern entrance to TSU’s Tiger Walk, a designated pedestrian thoroughfare. A parking garage and skybridge are currently not within the scope of this Project but may be added at TFC’s sole discretion.

The construction of the new School of Law building will allow the existing TMSL building(s) to remain in use until the new building is complete. Once occupying the new facility, future deferred maintenance could be undertaken more cost effectively than while occupied. Any demolition or renovation of the existing building is not included within the scope of this Project.

The TSU’s Administrators anticipate the following programmatic elements:

A. Administrative Departments: Includes the Dean’s Office, Admissions, Financial Aid & Registrar, the Communications Department, the Board of Advocates, the Office of Assessments & Strategic Planning, and the Chaired Suite. Support spaces such as meeting spaces are included within this programmed element.

B. Earl Carl Institute / Law School Clinic: Serves as a fully functioning firm where students gain real world experience working for clients through the pro bono offerings of the four clinics. Waiting areas, interview rooms, and private offices should reflect professional standards and mirror the look and feel of professional law firm aesthetics.

C. Law Library: Serves as the academic and collaborative hub of TMSL. Spaces will include library stacks, a reading room, offices, and will integrate traditional research resources with advanced research technology to support modern legal education.

D. Teaching & Learning Spaces / Court Room Simulation: Designed to support a wide range of instructional modalities essential to modern legal education, while encouraging collaboration. Each space will prioritize flexibility, technology integration, and accessibility to ensure an optimal learning environment for students and faculty. Classrooms will support lecture-based instruction, seminars, collaborative workshops, and simulation exercises.

E. Auditorium: Seminar space accommodating 600 people with integrated technology platforms such as tele-instruction capabilities. Support spaces for the auditorium include a large pre-function space and small kitchen to support catering and casual breakout space for events.

F. Faculty & Staff Support Spaces: Includes faculty / staff lounges and a faculty library. Faculty library will include desking and areas for light stacks. Lounges will be located adjacent to administrative departments for efficiency.

G. Cafeteria: Will provide a primary dining venue for law students and faculty, with limited capacity to accommodate community members during events and peak periods. Designed for efficiency and comfort, the space will feature a full-service kitchen capable of supporting diverse menu offerings and high-volume meal preparation for 800 people (divided into 3 shifts). Seating will be organized to promote informal interaction and collaboration, reinforcing the academic community while providing a welcoming environment for visitors.

H. Student Support Spaces: Will include a career services center with space for training and meeting spaces, student organization space, student offices, a wellness center which includes individual respite rooms on each floor as well as a spiritual respite room, counseling rooms, and lactation rooms, and a student commons.

I. Lobby / Public Spaces: The main lobby on the ground floor will be a ceremonial lobby that can also function as a space to host events for the college. This space will include public restrooms and a security station and have higher ceilings throughout with the opportunity for overlook from upper floor spaces.

J. Outdoor Space: Can be located either at ground level or at a roof terrace and functions as an additional collaboration space for students and faculty.

2. The construction cost of the Project is estimated to be between $185,000,000 to $200,000,000.

3. THIRD PARTY CONSULTANTS: TFC shall provide or contract with third-party firms for Testing, Adjusting and Balancing (TAB) Services, Registered Accessibility Specialist (RAS) review, Commissioning Authority (CxA), and Construction Materials Testing (CMT), and others as needed to support the Project.

4. See ATTACHMENT F – Program of Requirements (POR) Texas Southern University (TSU) School of Law 26-001-2578. Dated February 27, 2026” for additional information.

SECTION III - STATEMENT OF WORK

The Texas Facilities Commission (TFC) is seeking an Architectural/Engineering (A/E) firm to provide site planning, utilities connection planning, capacity verification, utility design and documentation; site development design and documentation (grading, drainage, paving, and landscaping); and Architectural and Engineering design and documentation for a fully functional facility.

A/E services shall be offered with the understanding of full compliance with non-discrimination requirements of the State of Texas by the A/E.

1. Phase 1: SCHEMATIC DESIGN. Architectural and Engineering scope of services shall include, but not be limited to, the following:

A. Detailed on-site investigations, review of existing documents, verify and validate items in POR B. A list of necessary testing and inspections to be provided to Owner including, but not limited to, ADA compliance, commissioning (CxA), building enclosure commissioning (BECxA), testing, adjusting and balancing (TAB) services, environmental testing, and construction materials testing (CMT), and structural and civil engineering inspections C. Assistance in evaluation and interview of a Construction Manager-at-Risk (CMR) selection D. Assistance to CMR to prepare order-of-magnitude cost estimates for correction of deficiencies by repair or replacement, as recommended by the Owner’s Representative E. Assistance in developing priorities with Rough Order of Magnitude (ROM) estimates for the purposes of adjusting the scope of work to match available funding F. Research, evaluate, and present to the Owner any energy conservation strategies and alternatives for consideration, including the availability of rebates from the local utility. If rebates are available, coordinate with the local utility to complete all necessary documentation to accomplish rebates.

G. Presentation of findings to Owner for review and approval in a final document. Upon acceptance of Phase 1 findings, and written authorization by Owner, proceed with Phase 2

2. Phase 2: DESIGN DEVELOPMENT. Architecture and engineering scope of services shall include, but is not limited to, the following:

A. Detailed design and documentation of construction plans and specifications B. Provide the Owner with a list of items to be tested and/or inspected including, but not limited to, ADA compliance, commissioning (CxA), building enclosure commissioning (BECxA), testing, adjusting and balancing (TAB) services, environmental testing, and construction materials testing (CMT), and structural and civil engineering inspections C. Coordinate with third party commissioning agent throughout design and construction administration D. Assist Construction Manager-at-Risk during subcontractor solicitation for development of guaranteed maximum price E. Presentation of construction development documents to Owner for review and approval and acquire final written sign-off from Owner. Upon acceptance of Phase 2 with written authorization by Owner, proceed with Phase 3

3. PHASE 3: CONSTRUCTION DOCUMENTS. Architecture and engineering scope of services shall include, but is not limited to, the following:

A. Detailed drawings and specifications:

1) Updated design to align with revised cost estimate

2) Complete set of construction drawings

3) Detailed specifications for all materials and systems

4) Coordination of all disciplines (architecture, structure, MEP, landscape)

5) Update cost estimates and budget alignment

6) Review and acceptance of final construction documents with written sign-off from TFC and TSU

B. Bidding and Negotiation:

1) Assistance with drafting bid package documents

2) Value engineering as required

3) Coordinate with third party commissioning agent throughout design and construction administration

4) Provide the Owner with a final list of items to be tested and/or inspected including, but not limited to, ADA, commissioning, testing and balancing, environmental, and construction materials testing

4. Phase 4: CONSTRUCTION ADMINISTRATION. Architecture and engineering scope of services shall include, but is not limited to, the following:

A. Project Management

1) Regular site visits and inspections

2) Review and approval of shop drawings and material samples

3) Coordination meetings with contractor and subcontractors

B. Quality Control:

1) Ensuring compliance with design intent and specifications

2) Addressing any construction issues or modifications

3) Final inspections and punch list preparation

4) Final Project close out and documentation

C. Post-Construction Services

1) As-built drawings and documentation

2) Commissioning of building systems

3) Construction Administration

4) Warranty inspections and follow-up

5) Project closeout

SECTION IV – SCHEDULE OF EVENTS

1. SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below.

(OR)

Interviews

If Interviews are NOT required by TFC

Per Texas Government Code Chapter 2166.203, The Texas Facilities Commission is using the RFQ ‘Issue Date’ as noted in the Schedule of Events above as the official 30-day notification requirement for an interview with a design professional firm.

2. MANDATORY PRE-SUBMITTAL TELECONFERENCES: The mandatory pre-submittal tele-conferences will be held on Tuesday, April 21, 2026 at 10:00 AM and Wednesday, April 22, 2026 at 10:00 AM. Pre-registration is required to participate in the tele-conference. Respondents must have an employee of their firm attend at least one (1) of the two (2) scheduled pre-submittal tele-conferences. TFC shall reject submittals submitted by firms that did not attend one of the mandatory pre-submittal tele-conferences.

A. Pre-Registration is required B. Register in advance for the Tuesday, April 21st meeting with this link:

1) <https://us02web.zoom.us/meeting/register/ODZ93UhfQseSW75Cehku-Q

2) Register in advance for the Wednesday, April 22nd meeting with this link:https://us02web.zoom.us/meeting/register/PHFoO9DeTduznkAEegA7SA

3. OPTIONAL SITE VISIT: A optional site visit will be conducted for this solicitation on Thursday, April 23rd at 10:00 AM. We will gather in the lobby of the existing TMSL building and will proceed with the site visit. The address of the TMSL building is 3100 Cleburne St., Houston, TX 77004. Vendors shall be responsible for finding their own parking.

SECTION V – SUBMITTAL REQUIREMENTS

1. Electronic Submission: TFC is using the eProcurement OpenGov platform. Respondents interested in submitting a response must register for an OpenGov account (No Charge). Submittals must be submitted through TFC’s OpenGov Portal at: https://procurement.opengov.com/portal/tfctexas. 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 submittals are not acceptable responses to this RFQ.

2. REQUIRED DOCUMENTS: Respondents shall upload their qualifications through the TFC OpenGov portal link as specified in Attachment G – OpenGov Submission Instructions. Requested documentation includes:

A. Package 1 – Required Documentation:

1) Attachment A – Execution of Submittal

2) Acknowledgement of Addenda

3) Litigation History B. Package 2 –Scored Documentation (Limit response to a total of 100 pages)

1) Company Information

2) Attachment B – A/E Questionnaire Form

3) Relevant Experience and Qualifications

4) Proposed Methodology

5) Quality Assurance/Quality Control C. Package 3 – HUB Subcontracting Plan

1) Attachment C – HUB Subcontracting Plan Forms

2) Supporting HSP Documentation D. Organization: Document pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

E. File Format: File format shall be as indicated in Attachment G – OpenGov Submission Instructions F. Submittal Costs: Respondents to this RFQ are responsible for all costs of submittal and interview preparation and delivery costs.

3. CONTENTS: 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. The Attachment A - Execution of Submittal, the Attachment B - A/E Questionnaire Form, and Attachment C - HUB Subcontracting Plan Forms shall be returned; failure to do so shall result in disqualification.

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

1) Company description;

2) Ownership information;

3) Physical and Mailing addresses;

4) Other company locations/offices;

5) Primary contact;

6) Office and mobile telephone numbers, and email of primary contact; and

7) 11-Digit State of Texas Taxpayer Vendor Identification Number

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

9) Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

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

11) Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years and if so, what were the dates and circumstances.

12) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, specify, dates, details, and circumstances.

B. Relevant Experience & Qualifications: <60 pts.>

1) Proposed Project Team:

a. Provide an Organizational Chart for your proposed Project team

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

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

2) Location:

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

b. Explain how responsive service will be provided

3) Relevant Experience: Complete and submit the Attachment B, A/E Questionnaire Form. The form can be obtained electronically at the TFC website: http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms Document #19, Index of Forms.

a. Identify five (5) most relevant past completed Projects within the last ten years similar in size and scope to the Project requested in this RFQ. Identify the team members from the proposed Project team and their role on the presented Projects. Particularly highlight your firm’s experience on these Projects with the following:

(1) Previous work in higher education facilities

(2) Previous work on an active campus

(3) Previous Projects within Houston-metropolitan area

(4) Work on multistory buildings

(5) Working with multiple stakeholders including Owner, CMR, and 3rd party agents (i.e. construction materials testing (CMT), commissioning agents (CxA), test and balance (TAB), etc.).

(6) Space planning, budgeting, and project phasing

(7) Working with CMRs and CMR delivery method

(8) Other experience, expertise or qualifications that distinguish your firm from others for this type of Project.

b. For these five (5) most relevant Projects completed within the last ten years, Respondent shall demonstrate experience in meeting completion date schedules by providing the original duration and final duration on these five Projects. Provide the location for each Project. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

c. For these same five (5) most relevant Projects completed within the last ten years as above, Respondent shall demonstrate experience in maintaining budgets by providing the awarded budget and the final completion budget. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

d. In addition to the five most relevant Projects detailed above, provide other pertinent project information, including older or current ongoing Projects of comparable scope to the Project solicited in this RFQ.

4) Subconsultants: TFC will also consider the relevant experience and qualifications of major subconsultants/subcontractors, those proposed to perform approximately 15% or more of the Project, listed on the HUB Subcontracting Plan. An Attachment B - A/E Questionnaire Form may be included in the submittal for each major subconsultants/subcontractors, and any additional company information provided as appropriate.

5) Minimum Qualifications:

a. Out of State vendors doing business in Texas shall have a Certificate of Registration to do business in Texas. A copy of the certificate shall be submitted with the submittal.

b. Negative responses and experiences from state client agencies, regulatory agencies, and TFC, which are familiar with firm’s performance, depending on problems encountered, may be grounds for disqualification.

c. In accordance with Texas Occupations Code Title 6, Subchapter I § 1001.405. Practice by Business Entity; Registration, all Engineering firms submitting a response to this request for Qualifications must maintain current “business entity registration” with the Texas Board of Professional Engineers and Land Surveyors (PELS) concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company PELS Certificate of Registration with your response.

d. In accordance with Texas Administrative Code Title 22, Part 1, Chapter 1, Subchapter G, Rule §1.124, Business Registration, all Architectural firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of Architectural Examiners (TBAE) concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBAE Certificate of Registration with your response.

C. Proposed Methodology: <20 pts.> Provide an outline of your firm’s process to implement the requirements of the RFQ Scope of Work into a finished Project. Specifically, how will your firm approach and develop the various design challenges into one achievable, compliant and coherent Project. This shall include, but not be limited to, the following:

1) Quality control workflow for integrating subconsultant design

2) Assuring specifications do not conflict with the drawings

3) Identifying materials which are readily available for construction D. Quality Assurance / Quality Control: <20 pts.>

1) Provide a description of your firm’s quality assurance program. Provide the name and job title of the person in your organization who oversees your quality assurance program. TFC reserves the right to require a copy of your Quality Control Manual and Quality Assurance Processes, which, if contracted, will become a Contract document.

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

3) Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule E. Litigation History: <Pass/Fail>

1) Provide details of all past or pending litigation or claims involving Respondent within the past five (5) years

2) Respondents involved in litigation with property/building owners or Architect/Engineer firms may be disqualified at the full and sole discretion of TFC F. Attachment A - Execution of Submittal: Failure to sign and return Attachment A - Execution of Submittal shall result in rejection of the response.

G. Addenda Acknowledgment: Respondents are required to register for an account via Texas Facilities Commission's eProcurement Portal hosted by OpenGov. Once the respondent has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each respondent to periodically check the site for any addenda to this RFQ and acknowledge each addendum at https://procurement.opengov.com/portal/tfctexas..

H. HUB Subcontracting Plan: Submittal Requirements: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return HUB Subcontracting Plan shall result in rejection of the response. The purpose of the Office of Business Opportunities (OBO) Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following utilization goals as specified in 34 TAC § 20.284:

· 23.7% for professional services contracts

1) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal. The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract

2) As mandated by 34 TAC § 20.285 Respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts rules 34 TAC §20.285 (d).

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

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

5) If TFC determines that the Respondent failed to implement the HSP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (d) (1) (f).

6) Subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing (NIGP). A complete listing of all NIGP Class & Item Codes can be found at: https://comptroller.texas.gov/purchasing/nigp/

7) If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact the OBO Department by email at opportunities@tfc.texas.gov

8) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(h)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a 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 Government Code Section 2251.042.

4. INQUIRIES

a) All inquiries shall be submitted through the OpenGov portal.

b) All inquiries will result in written responses with copies posted to the OpenGov Portal at: https://procurement.opengov.com/portal/tfctexas.

c) 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.

d) Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC and the using agency will not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent. This restriction does not preclude discussions with TFC for the purpose of conducting business unrelated to this submittal. Failure to observe this restriction may be grounds for disqualification.

5. SUBMISSION DEADLINES

a) Submittals shall be uploaded via the OpenGov link in Attachment G – OpenGov Submission Instructions by 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the Portal.

b) Follow the submittal instructions specified in the Attachment G– OpenGov Submission Instructions.

c) Facsimile and email submittals are not acceptable responses to the RFQ.

d) Respondents having difficulty using the OpenGov portal should contact support using the contact information within Attachment G – OpenGov Submission Instructions. If unable to upload the documents to the OpenGov Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

e) TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the Texas Government Code (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. Should trade secrets or proprietary or otherwise confidential information be included in the submitted electronic copy as referenced above, 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.

f) TFC will not consider any exceptions and/or requests for modification to the proposed contract that are submitted after the date and time for submission of Respondents’ questions. Exceptions and/or requests submitted after this date cannot be considered as they create a possibility for a protest, which would delay award and execution. General statements of reservation of right to later review or negotiate additional items not included in the response prior to award will not be considered or allowed.

g) Respondent shall refer to the Instructions to Respondents (typically found at the front of the Contract Template) to determine which provisions are not negotiable

6. RECEIPT OF SUBMITTALS

a) Submittals will be received until the date and time established for receipt, then the portal will close. Only the names of the Respondents will be made public. Tabulations will not be divulged until after contract award.

b) All submittals shall become the property of the State of Texas after the deadline/opening date.

c) Submittal shall constitute an offer for a period of ninety (90) days or until selection is made by TFC.

SECTION VI - EVALUATION AND AWARD

1) It is the intent of TFC to award a contract to the Respondent whose qualifications are considered to be ‘most qualified’ for the services solicited in this RFQ.

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

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

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

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

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

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

b) Attendance by team members assigned to the Project to represent themselves as to their relative experience and proposed involvement in the Project. Representation by the Project Manager is essential in this interview. Presentation must be led by the Project Manager.

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

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

8) In evaluating submittals, TFC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System, available at http://www.txsmartbuy.gov/vpts. Prior work performance with TFC, and other State agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

SECTION VII – POST SUBMITTAL REQUIREMENTS

1) ADDITIONAL DOCUMENTATION FROM SELECTED FIRM:

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

b) Respondent may be required to file a Disclosure of Interested Parties, Form 1295 with the Texas Ethics Commission.

c) Execution of an appropriate professional services contract.

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

3) PUBLIC DISCLOSURE: News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without 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 RFQ and the disqualification of the Respondent to respond to any re-solicitation.

4) 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.

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

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ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT WITH THEIR SUBMITTAL. FAILURE TO DO SO SHALL RESULT IN DISQUALIFICATION OF THE SUBMITTAL.

By signature hereon, the respondent affirms that:

RESPONDENT AFFIRMATIONS:

1. Having carefully reviewed the RFQ, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, if selected, Respondent hereby agrees to enter into negotiations with TFC and to refine the scope, and if agreement is reached, furnish proposal, furnish required proof of insurance, and execute the Attachment D – Professional Services Agreement.

2. Standard of Care for Architectural and Engineering Contractors: Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

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…