ESBD_508547_1777918920342_Final RFP 0008612 CMR for Generator HVAC Replacement.docx

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

REQUEST FOR PROPOSAL

FOR CONSTRUCTION MANAGER-AT-RISK

FOR

TSBVI GENERATORS AND HVAC REPLACEMENTS

PROJECT #25-005-4201 & 25-005-2567

RFP #0008612

Dated: May 4, 2026

Proposals and HUB Subcontracting Plan Due Date: May 27, 2026 @ 3:00 PM

Rev. 6/19/2025 Table of Contents

SECTION I - GENERAL

1. SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2269, Subchapter F, Construction Manager-at-Risk Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting qualifications for a Construction Manager-at-Risk (CMR) to perform the work required for Texas School for the Blind and Visually Impaired (TSBVI) Generators and HVAC Replacements. The Generators are added for whole or partial back-up of non-Life Safety, but necessary power generation for long-term power outages in four (4) priority buildings, three (3) of which are intended to be used as Shelter-in-Place buildings to accommodate the comfort and safety of live-in students during these periods of time. The fourth (4th) building upgrades the backup equipment already in place for the operations of the campus. This project also replaces thirty-two (32) Roof-top Aaon HVAC units on ten (10) buildings (assorted tonnages), eight (8) split-system HVAC units on Building 610 and three (3) split-system HVAC units on Building 509. Five (5) water heaters in five different buildings are also included. This work will hereinafter be described as TFC Project #25-005-4201 & 2567 (the Project). The TSBVI campus is located at 1100 W 45th St, Austin, TX 78756. This Project will be administered by TFC. This procurement will be a one-step award process with a two-part work requirement.

2. COST OF WORK: Respondents to the RFP should consider the “Cost of Work” as seven million dollars ($7,000,000.00), not including any Pre-construction Management fees, Construction Management fees, and Construction General Conditions

3. CONTRACT TERM: Construction is required to commence within twenty-one (21) calendar days after the Notice to Proceed for Construction is issued. For planning purposes, the pre-construction time period is estimated to be one-hundred twenty (120) calendar days. The construction contract period is projected for a term of three hundred sixty (360) calendar days which should include lead time on equipment manufacture and delivery, but may be otherwise be amended or negotiated by TFC to suit the School calendar and minimize the disruption of the students.

4. 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 CMR Service Contract shall apply.

5. AGENCY POINT OF CONTACT: The primary contact listed below shall be the sole point of contact during this solicitation, with the exception of HUB-related questions which are to be forwarded to opportunities@tfc.texas.gov. 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 for assistance.

A. Primary Contact:

1) Purchaser Name: Robert Sonnier, CTCD, CTCM

2) Purchaser Phone: 512-463-1861

3) Purchaser Email: robert.sonnier@tfc.texas.gov

B. Secondary Contact

1) Purchaser Name: Rico Gamino, CTCD, CTCM

2) Purchaser Phone: 512-936-3567

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

6. DEFINITIONS: All words and phrases in this RFP in initial caps shall have the meanings set out in this section. All undefined and capitalized terms used herein shall have the meaning given to them in the Uniform General Conditions or Attachment G – CMR Service Contract Template.

SECTION II - PROJECT DESCRIPTION

1. PROJECT DESCRIPTION:

This project will provide the following equipment to the following buildings:

· Three (3) new Generators at

· Building 601, Cafeteria;

· Bldg. 603, Health Center/Recreation and

· Bldg. 607, Career and Technical Education

· Building, 610, Operations and Warehouse, will have a new backup panel, ATS and Electrical upgrades to serve the operations only portion of the building.

· Several rooftop units will replace the existing Aaon units, etc. at the following buildings:

· Buildings 600 – Main Education and Administration,

· 601 – Cafeteria,

· 602 – Fine Arts and Auditorium,

· 603 - Health Center and Recreation,

· 604 – Natatorium,

· 605 – Outreach and Conference Center,

· 606 – Elementary School,

· 607 – Career and Technical Education,

· 608 – Business Office and Information Resources,

· 609 – Gymnasium,

· 610 – Operations and Warehouse, and

· 509 – Superintendents House.

In addition, five (5) Buildings will have water heater replacements. They are the following:

· Buildings 603 – Health Center and Recreation,

· 605 – Outreach and Conference Center,

· 607 – Career Education and Transition,

· 608 – Business Office and Information Resources, and

· 610 – Operations and Warehouse.

See Attachment H – O’Connell Robertson Letter dated 04/01/2026 for more information.

2. ASBESTOS ABATEMENT: For the consideration of this RFP, TFC is assessing any known asbestos materials in the existing facility to be abated prior to demolition and construction. Any asbestos abatement of the building is to be considered outside of the construction contract and budget of this RFP.

3. THIRD PARTY TESTING: TFC shall provide or contract with third party for Testing and Balancing Services, RAS Review, Commissioning from a Commissioning Authority (CxA), Building Enclosure Commissioning (BECx), and Construction Materials Testing.

SECTION III - SCOPE OF WORK

1. SERVICES: CMR services shall be comprehensive in nature and will include but not be limited to: pre-construction services, estimation services, participating in constructability reviews, development/management of complex critical path schedules and possibly bidding multiple packages as necessary to execute the project scope of work. The number of bid packages and Guaranteed Maximum Price amendments to be determined by TFC in cooperation with the A/E and awarded CMR.

2. PART ONE – PRE-CONSTRUCTION: Collaborate with TFC and its Architects and Engineers (A/E), O’Connell Robertson and third-party consultants, and stakeholders during the completion of construction documents including review and comments at each negotiated milestone prior to completion of Construction Documents. The Respondent’s expertise will be used to affect value engineering, establish a project schedule and ultimately determine the GMP. The services include attending meetings, consultation of plan reviews, constructability reviews, and cost estimating. Provide CMR services from pre-design through construction close-out, as described in Attachment G – CMR Contract Template with written documentation of pre-construction recommendations, reviews, and decisions.

3. PART TWO - CONSTRUCTION: In accordance with the approved schedule and GMP, Contractor shall facilitate bidding and selection of subcontractors in accordance with Office of Business Opportunities requirements, and provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other contract documents that will be prepared by the A/E & TFC.

4. SUBCONTRACTORS: Subcontractors providing services shall meet the same requirements and level of experience as required of the Respondent. No subcontract shall relieve the primary Respondent of responsibility for the service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

A. Respondents planning to subcontract all or a portion of the work shall identify the proposed subcontractors on the HUB Subcontracting Plan.

B. Subcontracting shall be at the Respondent’s expense.

C. TFC retains the right to check a subcontractor’s background and make a determination to approve or reject the use of submitted subcontractors.

D. The Respondent shall be the only contact for TFC and subcontractors. Respondent shall list a designated point of contact for all TFC and subcontractor inquiries.

5. SATISFACTORY UNDERSTANDING: Respondents will be held to have satisfactory understanding regarding all existing conditions and to have included in the proposal an amount sufficient to cover all work including permits, fees, etc.

6. ESBD POSTING: Documents are available for review on the state of Texas Electronic State Business Daily (ESBD) at http://www.txsmartbuy.gov/esbd. Select ‘Texas Facilities Commission - 303’ from the Agency Name drop-down box and ‘Posted’ from the Status drop-down box.

SECTION IV – SCHEDULE OF EVENTS, CONFERENCES, AND SITE VISITS

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

2. OPTIONAL PRE-PROPOSAL TELECONFERENCES: An optional pre-proposal teleconference will be held on Tuesday, May 12, 2026 at 10:00 AM. Pre-registration is required to participate in the teleconference.

3. Pre-Registration is required.

Register in advance for the Tuesday, May 12th meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/q7fKv50-TJeNuZQuWH4a9Q

After registering, you will receive a confirmation email containing information about joining the meeting.

SECTION V - SUBMISSION REQUIREMENTS:

1. OPENGOV SUBMISSION: TFC is using the eProcurement OpenGov Interactive. Respondents interested in submitting a response must register for an OpenGov account (No Charge). Proposals 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 proposals are not acceptable responses to this RFP.

2. REQUIRED DOCUMENTS: Respondents shall submit documentation through the TFC OpenGov portal link as specified in item 2 of Attachment I – OpenGov Proposal Instructions. Requested documentation includes:

A. Package 1: Required Documentation

1) Attachment A, Execution of Proposal;

2) Acknowledgement of Addenda;

3) Scan or Copy of Original Bid Bond;

4) Attachment F – Non-collusion Affidavit B. Package 2: HUB Subcontracting Plan

1) Attachment D, HUB Subcontracting Plan

2) Backup Good Faith Effort documentation C. Package 3 – Scored Documentation

1) Company Information;

2) Attachment C, Contractor’s Qualification Form;

3) Experience and Qualifications;

4) Methodology;

5) Quality/Safety Programs & Safety Record; and

6) Litigation History.

D. Package 4 – Pricing

1) Attachment B – CMR Proposal Form E. Organization: Package pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal.

F. File format shall be as indicated in Attachment I – OpenGov Proposal Instructions.

3. PROPOSAL COSTS: Respondents to this RFP are responsible for all costs of proposal preparation and delivery.

4. CONTENTS: Below is a summary of required information. Proposals without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. Attachment A - Execution of Proposal, Attachment B – CMR Proposal Form, Attachment C - Contractor’s Qualification Form, Attachment D - HUB Subcontracting Plan, and the Bid Bond shall be returned with the response. 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 number, and email address of company’s Primary Contact

7) Federal Employer Identification Number

8) 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, why.

9) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, provide explanation of circumstances.

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

11) 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.

12) 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.

13) Minimum Qualifications:

a. Out of State contractors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the proposal.

b. Negative responses from Owners and A/E firms that are familiar with contractor’s performance, depending on problems encountered, may be grounds for disqualification.

B. Relevant Experience and Qualifications: <40 pts.>

1) Relevant Experience:

a. Complete and submit the Attachment C, Contractor’s Qualification Form. The form can be obtained electronically at the TFC website: Construction Forms | Texas Facilities Commission Document #1, Index of Forms. Respondent should also provide free-form narrative that describes in detail any qualifications and other projects not enumerated on Attachment C, Contractor’s Qualifications Form.

b. Particularly indicate your firm’s experience with the Construction Manager at Risk (CMR) project delivery method and similarities to the Pre-Construction and Construction scope included in this RFP. Provide a minimum of three (3) and maximum of five (5) completed projects that demonstrate this CMR experience and for each project include the following:

(1) How your CMR team fostered a positive, working and professional relationship with the Owner, Architect/Engineer Team, Owners Third Party Consultants and other project team members.

(2) Project challenges and the respective techniques you applied to overcome those challenges, particularly budgeting and scheduling areas of responsibility.

(3) How your past CMR Project experiences and lessons learned would be incorporated towards the successful completion and delivery of this project.

(4) How the project is similar to size and scope of this project.

(5) List of Respondent’s team members and their roles that worked on the project highlighting those proposed for this project.

c. Demonstrate the Company’s or Individual’s relevant CMR experience to the type of work solicited in the RFP.

d. Names of top management and key employees and each person’s duties. Include the background and experience of these key employees. For each CMR Team member, indicate the project participation in the example projects requested above. For each CMR Team member, provide reasons they were selected for this project including but not limited to: pertinent skills, accomplishments, and differentiators.

e. Provide an Organizational Chart with roles and responsibilities of key individuals assigned to support the Project.

2) Budget/Schedule Compliance: On the Attachment C, Contractor's Qualification Form, Contractor shall demonstrate their ability to meet schedule completion dates and maintain project budgets.

a. For the five (5) most relevant recently completed projects within the past five (5) years, contractor shall demonstrate experience in meeting completion date schedules by providing the original construction duration and final construction duration on their last five projects. Provide the location of each project. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

b. For the same five (5) most relevant recently completed projects as above, contractor shall demonstrate experience in maintaining construction budgets by providing the awarded budget and the final completion budget. Variances of 5% or more shall be explained for the causation in exceeding the stated awarded budget.

C. Methodology: <30 pts.>

1) Proposed Methodology: A detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFP Scope of Work into a realized and finished project. This shall include, but not be limited to:

a. Processes and techniques used execute the Work; Pre-Construction; Construction, Completion and Activation, and Warranty;

b. Methodologies for identification and resolution of project challenges;

c. Value engineering;

d. Cost Management System, including reporting of budget and cost components to the TFC/Project Team

e. Developing and maintaining schedules; Approach to change orders during construction.

f. Coordination of work with subcontractors and/or consultants.

g. Strategies for minimizing/mitigating impacts from cost escalation.

h. Given the labor and subcontracting challenges that may be experienced during this project, describe strategies to minimize/mitigate these potential impacts to cost and schedule.

i. Contract Resolution and Closeout.

D. Quality Control Program & Safety Program: <10 pts.>

1) Quality Assurance: The Respondent shall provide a description of the firm’s quality assurance processes and program, and the name and job title of the person in the organization who oversees said program.

2) Quality Control: Vendor shall describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved. The 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. TFC reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

3) Safety Program and Safety Record:

a. Safety Program:

(1) Indicate the name and job title of the person in your organization who manages your safety program.

(2) Provide a description of your firm’s safety program.

(3) TFC reserves the right to require a copy of your safety manual if your firm's proposal is scored within the highest range of proposals, which will become a Contract Document after award.

b. Contractor’s Safety Record:

(1) Provide the company’s workers' compensation experience modification rate (EMR) for the last five years as part of the proposal. This shall be submitted in your response on your insurance carrier’s letterhead.

E. Litigation: <Pass/Fail>

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

2) Respondents involved in litigation, depending upon the circumstances, may be disqualified.

F. Attachment A, Execution of Proposal: Failure to sign and return the Execution of Proposal with the response shall result in rejection of the response.

G. Attachment B, CMR Proposal Form (20 pts.): This form must be completed and returned. Respondents may not add qualifications, conditions or exceptions to the proposal. Any such representation by the Respondent may be cause for rejection of the proposal at the full and sole discretion of TFC.

1) The Offer: The offer (as more fully set forth in the Attachment B, CMR Proposal Form) shall be comprised of components listed below.

a. A Pre-Construction Management Not-to-Exceed fee for collaboration with TFC and its A/E during the pre-construction phase described in Section III Scope of Work, Part One.

b. A Construction Management Fee as a percentage of the estimated Cost of Work. Such fee shall represent overhead and profit.

c. A Not-to-Exceed fee for Construction General Conditions.

d. Builder’s Risk Insurance as a percentage of the Cost of Work.

e. Liability Insurance as a percentage of Cost of Work.

f. Performance and Payment Bonds as a percentage of Cost of Work

2) Construction Time: Construction time is estimated at three hundred and sixty (360) calendar days.

3) Proposal Duration: If TFC has not made an award ninety (90) calendar days after responses are opened Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their responses will be honored after this ninety (90) day period.

H. Attachment F, Non-Collusion Affidavit: The Attachment F, Non-Collusion Affidavit must be enclosed with the proposal. The Attachment F, Non-Collusion Affidavit form can be obtained electronically at the following link, ‘Forms Index’, Document #3, Construction Forms | Texas Facilities Commission I. Acknowledgement of Addenda: Receipt of all addenda to this RFP shall be acknowledged by returning a signed copy of the signature page of each addendum with the response. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting qualifications. 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.

J. Bid Bond:

1) Respondents shall submit an electronic bid bond and associated Power of Attorney for the Texas Facilities Commission in the sum of $25,000.00. No other form of security will be accepted. Respondent shall submit original bid bond by mail or in person within 3 business days of opening. Address for mailing of bid bond is Texas Facilities Commission, 1711 San Jacinto Blvd., Austin, TX 78701. The Bid Bond submitted by the awarded vendor will be held until GMP is accepted by TFC, and Performance and Payment Bonds subsequently received and approved.

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

3) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their response will be honored after this ninety (90) day period.

K. Insurance Requirements for CMRs: The insurance requirements, located in the Attachment G - CMR Service Contract Template, shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements.

L. Attachment D - HUB Subcontracting Plan:

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

21.1% for all building construction 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 Proposal. 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 an HSP that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB 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, (g) (5).

6) HUB 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://cmblreg.cpa.state.tx.us/commodity_book/Numeric_index.cfm

i) The Attachment D, HUB Subcontracting Plan submitted with the initial response to this RFP solely addresses the Part One Pre-Construction collaborative phase of the scope of work. A revised Attachment D, HUB Subcontracting Plan shall be submitted by the awarded Respondent prior to Part Two construction.

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

8) Prior to soliciting bids in preparation for GMP, the CMR shall coordinate with the TFC HUB Coordinator to schedule a “Meet the Prime” event in order to promote outreach to HUBs for subcontracting opportunities.

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

5. INQUIRIES:

A. All inquiries shall be submitted through 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 RFP, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential vendor 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 conducting business unrelated to this solicitation.

SECTION VI – PROPOSAL SUBMISSION

1. Proposals shall be uploaded via the OpenGov link in Attachment I – OpenGov Proposal Instructions prior to 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, allow enough time to upload the documents into the Portal.

2. Follow the proposal instructions specified in the Attachment I – OpenGov Proposal Instructions.

3. Facsimile and email proposals are not acceptable responses to the RFP.

4. Respondents having difficulty using the OpenGov portal should contact the support number contained in the Attachment I – OpenGov Proposal 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 proposal non-responsive or late.

5. 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 proposal, 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 proposal which Respondent believes to be confidential. All proposals and parts of proposals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for proposals and parts of proposals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Do not mark your entire proposal as “CONFIDENTIAL”.

6. 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’ proposals. 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.

SECTION VII - EVALUATION AND AWARD

1. The intent of TFC is to award a contract to the vendor whose qualifications and pricing are considered to be ‘best value’ to the state. When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

2. An evaluation committee will be established to evaluate proposals. 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 RFP, Respondent accepts the solicitation and evaluation process, and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee. The evaluation committee will evaluate and score each proposal based on the following criteria:

3. The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. Scoring of the interview may replace the scoring of the Step One criteria listed above. The following will be expected during an interview:

A. One hour is allocated for the interview.

B. Attendance by team members assigned to the Project to represent themselves as to their relevant experience and proposed involvement in the Project. Representation by the Project Manager and the Superintendent is a critical component of the interview.

C. Agenda questions for the interview will be provided by TFC requiring an elaboration of company relevant experience and qualifications, proposed methodology, and quality and safety programs.

4. Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.254 (b), (c). If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent 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.

5. 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, 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.

6. 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 awarded.

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

8. PROTESTS: Protests 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.

9. ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Qualifications, and Respondent’s Response to Request for Qualifications.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

RFP #0008612

TSBVI GENERATORS AND HVAC REPLACEMENTS

ATTACHMENT A - EXECUTION OF PROPOSAL

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

By signature hereon, the Respondent certifies that:

1. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment G, CMR Service Contract Template and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days as required by the contract, TFC may retain as forfeit the enclosed Certified Check, Cashier's Check or Bid Bond in the sum of $25,000 and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

2. 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.

3. 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.

4. Dealings with Public Servants Affirmation: Contractor certifies that it will comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; and (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Contracts with Former or Retired Agency Employees: Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Respondent will not allow any former employee of TFC to perform services under any contract resulting from this Solicitation during the twelve (12) month period immediately following the employee’s last date of employment from TFC.

10. 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.

11. 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.

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

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

14. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TFC Office of Internal Audit at 1-512-463-1069 and the State Auditor's Office at 1-800-TX-AUDIT(892-8438).

15. Deceptive Trade Practices: Unfair Business Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

16. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

17. Employment of Lobbyist: Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

18. Disclosure of Interested Parties: Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Execution of Proposal apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation.