ESBD_511003_1782824238855_Addendum #1 for RFP 303-7-20834 Austin - 15th COA.pdf
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- Solicitation number
- 303-7-20834
- Issued by
- Travis County, Austin City, Texas
About this file
This is Addendum #1 to a Request for Proposals issued by the Texas Facilities Commission (TFC) for the lease of 15,948 usable square feet of office space in Austin, Texas for the Fifteenth Court of Appeals. The addendum, dated June 30, 2026, addresses clarifications and responses to 18 questions submitted by prospective bidders regarding the RFP #303-7-20834. The proposal closing date is July 14, 2026, at 3:00 p.m. Central Time, with a target lease commencement date of August 1, 2027. The lease term options are for five or ten years, and respondents must submit proposals for both term lengths to be considered for award. Respondents may include brokers, private entities, or governmental entities that currently have or will have suitable space available. The space must be located on a single contiguous floor within a multi-tenant building and must meet all specifications outlined in the RFP's Attachment B.
Key clarifications from the addendum confirm that the 15,948 usable square feet represents the minimum required, and final square footage will be subject to measurement based on an approved space plan. All operating expenses, including utilities, property taxes, insurance, and common area maintenance (CAM), must be included in the base rent amount quoted on a gross rent basis; TFC will not accept triple-net (NNN) lease structures. The lessor is responsible for all tenant finish-out and construction improvements at their sole expense, with TFC providing no funding contribution or cost estimates. Annual rent escalations must be based on the Consumer Price Index (CPI) with a base factor of 25%, 35%, 40%, or 50%, and fixed escalation rates are not acceptable. Exceptions to RFP requirements, lease specifications, and the State Lease Contract must be submitted in writing with Attachment C; governmental entities unable to legally agree to stated terms may be reviewed separately, but any exceptions providing special advantage or avoiding mandatory requirements will result in disqualification. All requirements, terms, and conditions are mandatory, and standard specifications in Attachment B are not flexible or negotiable. Respondents must acknowledge receipt of this addendum by signing and returning the receipt page.
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Executive Director Will McKerall, P.E.
Mailing address:
P. O. Box 13047
Austin, TX 78711-3047
(512) 463-3446 www.tfc.texas.gov
Chair Brian A. Bailey
Commissioners Robert H. Clay J.J. Isbell Daniel K. Signorelli C. Price Wagner Robert S. Wetmore
Texas Facilities Commission Physical address: 1711 San Jacinto Blvd, Austin, Texas 78701
Planning and administering facilities in service to the State of Texas
STATE LEASING PROGRAM
Note to bidders: Include/Return Addendum as Part of Proposal Submittal
ADDENDUM # 1
DATE: June 30, 2026
RFP NO.: 303-7-20834
PROPOSAL CLOSING DATE: July 14, 2026 @ 3:00PM CT
SUBJECT: LEASE OF 15,948 SF OF OFFICE SPACE IN AUSTIN, TEXAS FOR THE FIFTEENTH COURT OF
APPEALS (15TH COA)
Addendum Item #1:
To ANSWER questions from written submissions:
QUESTION(S) ANSWER(S)
1 Will the broker be representing the Texas Facilities
Commission in this transaction or is this invitation for brokers that currently or will have space available that they will be submitting for this solicitation?
Respondents to this solicitation will not be representing the Texas Facilities Commission.
This solicitation is an invitation for respondents that currently or will have space available that meets the requirements of this solicitation.
2 Respondent Definition The RFP defines Respondent as “An individual, partnership or corporation that responds to this RFP.” Are governmental entities that own buildings also eligible to be considered Respondents for the RFP?
Yes.
3 Lease Contract and Proposal Submittal Lessor understands that the lease will be on the TFC form.
There are a few provisions in the form that Lessor lacks the authority to agree to. Will TFC be willing to modify the form to bring the language in line with Lessor’s statutory authority?
The solicitation documents contain conflicting information regarding whether exceptions to the RFP, lease specifications, and lease contract may be submitted. (See Attachment C – Proposal Submittal and Execution of Proposal Form, Bidder Affirmations Item 13). Please clarify whether any exceptions to the requirements may be proposed, and, if so, how such exceptions should be submitted.
Exceptions must be in writing and submitted with Attachment C to the RFP
RFP # 303-7-20834
June 30, 2026
4 Litigation History Assuming that a governmental entity submits a proposal, please clarify whether administrative appeals, personnel-related matters, and other claims not relevant to leasing (e.g., appeals concerning the denial of benefits, employee grievances and disciplinary appeals, charges of discrimination, Open Meetings Act and Public Information Act claims, etc.) may be excluded.
Provide details of all past or pending litigation claims filed against Respondent within the past three (3) years. Respondents involved in litigation with owners or other lessees, depending on circumstances of litigation, may be disqualified.
5 Attachment C – Proposal Submittal and Execution of Proposal Form, Bidder Affirmations Item 13 Please clarify what “a mandatory requirement, term or condition” means versus a non-mandatory requirement, term, or condition.
All requirements, terms and conditions are mandatory. Any exception taken which gives special advantage to a non-governmental proposer or seeks to avoid a mandatory requirement, term or condition will result in disqualification of this proposal. However, governmental entities which cannot legally agree to any stated terms and conditions will be reviewed and considered.
6 State Funding, Contingencies, Termination The RFP states that the lease is contingent upon the continued availability of funding and refers to provisions of the “Termination Article in the Contract.” The State Lease Contract Template does not, however, include an article or section titled “Termination Article.” Lease Paragraph 4 relating to monthly rental states that the Commission, upon written notice, may terminate the lease due to loss of funding.
Please clarify whether the template is missing the Termination Article referenced in the RFP?
If so, will the lease contain additional information relating to a termination due to the discontinuation of funding, such as:
• how much notice Lessor will receive,
• whether Lessor will be compensated for lost rental income, and whether Lessor will be compensated for the cost of improvements, etc.?
The State Lease Contract does not contain a “Termination Article”. Please refer to State Lease Contract Paragraph 4.
7 Sizing and SF Calculation Please confirm whether the proposal will be evaluated on a Usable Square Foot (USF) metric or a Rentable Square Foot (RSF) metric. Is the USF of 15,948 SF a ceiling that has been approved, or is it subject to measurement based off of an approved space plan and subject to final measurement?
15,948 USF is the minimum square footage as required by the RFP. The Space Program requirements must be met.
8 Lease Term The building is newly constructed, and the proposed space is in core-shell, first-generation condition requiring a complete interior build-out. Due to the significant capital outlay required, a five-year lease term does not represent a financially viable option. Please confirm how a proposal solely based on a 10-year option will be evaluated.
Per Section 1 – General – Lease Term – “This lease shall be for a period of five (5) or ten (10) years beginning August 1, 2027; however, to be considered for award, respondent must complete both the five (5) year and the ten (10) year sections on Attachment C - Proposal Submittal and Execution of Proposal Form”.
9 Premises and Multi-Tenancy The building is a Class A, multi-tenant office building totaling nine stories. The occupying agency will occupy contiguous space on a single floor that will be shared with other third-party tenants with a shared corridor and common areas. Are there any issues with a multi-tenant floor and building? If so, are there any special requirements for such a dynamic outside of what is included in the RFP?
No.
10 Rent Structure The building operates as a triple-net (NNN) lease with a base rate plus each tenant’s pro rata share of operating expenses.
Does TFC require that the proposal be quoted on a gross rent basis inclusive of the operating expenses, or is TFC able to structure a deal similar to that of the other tenants in the building?
Refer to the State Lease Contract. All operating expenses are included in the Base Rent amount.
11 Operations The building operates as a full-service, Class A project. Lessor uses third-party management and the operating expenses include property taxes (if applicable to a tenant entity, insurance and CAM). CAM includes utilities and services that are currently contracted by the building. Will TFC be willing to enter into a lease under which Lessor provides all services and bills the tenant back for operating costs?
No, the proposal must include all costs in the Proposed Cost.
12 Annual Escalations TFC is requesting CPI escalators, while Lessor prefers fixed annual increases of 2.75%. Is Lessor’s preference acceptable?
No.
13 Construction and Tenant Improvements Please confirm whether funds have been allocated so that OCA may contribute to the initial construction of the premises. Or whether the expectation is that Lessor will fund at its sole cost the entire design and construction of the premises and also manage the design and construction processes?
All tenant finish out and improvements required by the lease are to be provided by and at the expense of the Lessor.
14 Cost Estimate Does OCA have any historical reference or cost estimates for the total costs of the initial construction of the improvements?
TFC does not provide this information.
15 Standard Specifications in Exhibit B Are the standard specifications detailed in Attachment B flexible and/or negotiable? Can the specifications be pursuant to a mutually agreed upon design, scope, and materiality?
No.
16 Vendors and Construction Does TFC have vendors or construction contracts that it is required to use for constructing and furnishing the premises?
No.
17 Restoration Given the specialized use, are there certain restoration and removal requirements at the end of the lease term that TFC/OCA will agree to be responsible for?
No.
18 Parking Can the additional customer parking be accommodated in the immediately adjacent TFC parking garages?
No.
All other aspects of the RFP #303-7-20834 remain as is.
Program Specialist: Ayra Matthews TFC State Leasing Services Email: ayra.matthews@tfc.texas.gov
RECEIPT OF ADDENDUM #1 RFP #303-7-20834
IN THE SUBMISSION OF THIS RFP, RESPONDENT SHOULD ACKNOWLEDGE RECEIPT OF THIS ADDENDUM.
RESPONDENT MAY ACKNOWLEDGE RECEIPT BY RETURNING A SIGNED COPY OF THIS NOTICE.
Bidder Signature Date
Printed Name Company Name
Vendor Identification Number
ADDENDUM # 1
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