TEXAS MILITARY DEPARTMENT

P. O. Box 5218 Austin, Texas 78763-5218

REQUEST FOR QUALIFICATIONS (RFQ) FOR

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

FOR

Professional Architectural/Engineering Services and Other Related Professional Services

RFQ No.: TMD26-CFMO-4012026

EVENT DATE TIME

Issue RFQ May 6, 2026 Deadline for Submission of Questions May 20, 2026 4:00 PM CT Questions Answered by Addendum APPROX. June 9, 2026 Deadline for Submission of Qualifications June 23, 2026 1:00 PM CT IDIQ Selection APPROX. September 1, 2026

RFQ No. TMD26-CFMO-4012026

For

Professional Architectural/Engineering Services and Other Related Professional Services

TABLE OF CONTENTS

SECTION I – GENERAL

1.1 SCOPE

1.2 IDIQ TERM

1.3 STATE FUNDING

1.4 CHANGE IN LAW AND COMPLIANCE WITH LAWS

1.5 AGENCY POINT OF CONTACT

1.6 PUBLIC RECORD

1.7 DEFINITIONS

SECTION II – DESCRIPTION OF SERVICES

2.1 PROJECT DESCRIPTION

2.2 SCOPE OF SERVICES

2.3 STATEMENT OF WORK

SECTION III – SCHEDULE OF EVENTS

3.1 SCHEDULE OF EVENTS

SECTION IV – SUBMISSION INFORMATION

4.1 GENERAL

4.2 REQUIRED DOCUMENTS

4.3 INQUIRIES

4.4 SUBMISSION DEADLINES

4.5 RECEIPT OF SUBMISSIONS

SECTION V – EVALUATION AND SELECTION

5.1 GENERAL

5.2 SCORING CRITERIA

5.3 SELECTION FOR THE IDIQ

5.4 IDIQ PARTICIPATION AGREEMENT

5.5 INDIVIDUAL PROJECT SELECTION

5.6 POST-SUBMISSION INSURANCE

SECTION VI – SUBMISSION CERTIFICATIONS

6.1 SIGNATURE OF AUTHORITY

6.2 RFQ REPRESENTATION

EXHIBIT A – TMD Projected Design Projects for FY27-28

EXHIBIT B – A/E Questionnaire

EXHIBIT C – VetHUB Subcontracting Plan (Template)

EXHIBIT D – Professional Architectural/Engineering Service Agreement (Template)

EXHIBIT E – IDIQ Selection and Participation Agreement (Template)

EXHIBIT F – References

For

SECTION I – GENERAL

1.1 SCOPE

In accordance with the provisions of Texas Government Code (TGC), Chapter 2254, Subchapter A, Professional Services, the Texas Military Department (TMD) is soliciting, through this Request for Qualifications (RFQ), submissions from prime professional architectural and engineering firms (hereinafter referred to as "A/E") for services identified in Section 2.2, Scope of Services, for an Indefinite Delivery Indefinite Quantity (IDIQ).

The IDIQ does not have a stated monetary value due to the indefinite nature of the services. Selection for the IDIQ does not constitute a contract award for services. Firms selected through this RFQ will be required to execute an IDIQ Selection and Participation Agreement confirming their eligibility to participate in the IDIQ; however, no services contract or compensation shall arise until a project-specific Professional Architectural/Engineering Services Agreement is executed and a written Notice to Proceed is issued.

Execution of the Participation Agreement establishes the A/E as an eligible firm for consideration during the IDIQ term, but does not guarantee assignment of any work. TMD anticipates selecting multiple firms through this RFQ for participation in the IDIQ. Selection for the IDIQ does not prevent a selected A/E from responding to future TMD project-specific RFQs or RFPs issued outside of this IDIQ.

a. There is no guarantee of assigned work or volume of work under the IDIQ. The size, quantity, and duration of the project(s) assigned to successful A/E will vary depending on available funding and the agency's requirements.

b. For each proposed project under the IDIQ, TMD will request a written proposal to be submitted within ten (10) business days of receipt.

c. An A/E will proceed with the work on individual projects only after the fee and scope proposal is approved, a Professional Architectural/Engineering Services Agreement (hereinafter referred to as "Agreement") is issued, and a "Notice to Proceed" is provided.

d. Each Agreement issued under the IDIQ will include a description of the project, scope of services, assigned team members, project schedule, term, and compensation specific to the project in accordance with and subject to the signed Agreement, as provided in Exhibit D – Professional Architectural/Engineering Services Agreement.

e. All services performed under this RFQ and any resulting Agreement shall be governed by the Professional Architectural/Engineering Services Agreement (Exhibit D), including all incorporated documents and conditions.

f. The Uniform General Conditions and Supplemental General Conditions for Texas Military Department Construction Projects (UGCs) are incorporated by reference into the Professional Architectural/Engineering Services Agreement (Exhibit D) and shall apply to and govern all services performed by the A/E under any Agreement issued pursuant to this RFQ.

1.2 IDIQ TERM:

It is the intention of TMD to award multiple Agreements for full prime professional (A/E) services identified in Section 2.2 Scope of Services, during the IDIQ, initial term through September 30, 2028, with up to three (3) one-year renewal options, each exercised by mutual agreement of the parties.

a. The IDIQ initial term will be effective from the date of selection through September 30, 2028.

For

b. The IDIQ will include three (3) one-year options to renew, each exercised by mutual agreement of the parties, for a potential total term through September 30, 2031. The execution of an Agreement is contingent upon the continued availability of state and federal funding.

Nothing in this RFQ or the resulting IDIQ shall limit the Owner's right to procure services through other methods or to independently determine project delivery requirements.

1.3 STATE FUNDING

The selection of a service provider and award of an Agreement are contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, or any other disruption of current appropriations, then the provisions of the Early Termination article in the Agreement shall apply.

1.4 CHANGE IN LAW AND COMPLIANCE WITH LAWS

The A/E shall comply with all laws, regulations, requirements, and guidelines applicable to a vendor providing services and products required by the Agreement to the State of Texas, as these laws, regulations, requirements, and guidelines currently exist and as amended throughout the term of the IDIQ. TMD reserves the right, in its sole discretion, to unilaterally amend the Agreement (Exhibit D) prior to award and throughout the term of the Agreement to incorporate any modifications necessary for TMD's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements, and guidelines.

Each project-specific Agreement executed under this IDIQ shall reflect the most current approved form and automatically conform to any required changes to maintain compliance with law and TMD policy.

1.5 AGENCY POINT OF CONTACT

The contact listed below shall be the sole point of contact during this solicitation. Any discussions regarding this solicitation with other agency personnel may be grounds for disqualification.

a. Purchaser Name: Susana L Rivera

b. TMD Group Email: FY26RFQ-IDIQ-AE@cfmo.mil.texas.gov

1.6 PUBLIC RECORD

All data and information submitted by the A/E will be subject to the Texas Public Information Act, Texas Government Code Sections 552.001 – 552.026.

1.7 DEFINITIONS:

TERM DEFINITION

Addendum A written modification that identifies an addition or correction to the solicitation. In addition, it is used to clarify an ambiguous provision, correct an error or oversight, and extend the submission’s due date and public submission opening.

mailto:FY26RFQ-IDIQ-AE@cfmo.mil.texas.gov

For

Electronic State Business Daily (ESBD)

The designated website that state agencies, universities, and municipalities use to post formal solicitations (over $25K), Addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.gov/esbd

General Contractor In accordance with the provisions of Texas Government Code, Chapter §2269 Subchapter A, "General contractor" means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitating, altering, or repairing all or part of a facility at the contracted price. A General Contractor will be contracted by the Texas Military Department under a separate solicitation for construction services and is not a part of this RFQ or the resulting IDIQ.

Veterans Heroes United in Business (VetHUB)

As defined by Texas Government Code (TGC), Chapter 2161, and by Texas Administrative Code, Title 34, Chapter 20, Part 1, Subchapter D, §20.282.

VetHUB Subcontracting Plan (HSP)

The VetHUB Subcontracting Plan (HSP) required by TGC, Chapter 2161, and by Texas Administrative Code (TAC) Title 34, Chapter 20, Part 1, Subchapter D, §20.281- §20.298. TMD has determined that the work to be performed under this Agreement includes subcontracting opportunities, reference Section IV. 2. (e).

Owner The Texas Military Department (TMD).

Project Manager The individual designated by the Owner who is authorized to represent the Owner during the performance of the Agreement.

Prime Professional Architectural and Engineering Firms (A/E)

The professional services firm submitting qualifications as the prime respondent to this RFQ.

Subconsultant A subconsultant means a professional services firm or individual hired by the A/E to perform a portion of the services under the Agreement. The A/E remains fully responsible for the services performed by its Subconsultants.

The Texas Military Department (TMD)

Also known as the Owner.

http://www.txsmartbuy.gov/esbd

For

SECTION II – DESCRIPTION OF SERVICES

2.1 PROJECT DESCRIPTION

TMD anticipates the need for professional services across multiple facilities in Texas. Services for the initial term are expected for the projects listed in Exhibit A – TMD Projected Design Projects for FY27-

28. The projects listed in Exhibit A are provided for planning purposes only and represent anticipated requirements. TMD reserves the right to modify, add, or remove projects from the list based on mission needs, program priorities, or funding availability.

2.2 SCOPE OF SERVICES

A/E’s must demonstrate the capability to self-perform at least three (3) of the following core Architectural/Engineering Services disciplines and provide a demonstrated history of subcontracting for the balance within the past three (3) years:

• Architecture

• Civil Engineering

• Mechanical, Electrical, and

Plumbing (MEP) Engineering

• Structural Engineering

• Geotechnical Engineering

• Roof Consulting

Other Related Professional Services, which can be provided with the A/E's own forces or through qualified professionals subcontracted to the A/E, are:

• Facility Assessments

• Enhanced Commissioning

• Cost Estimating

• Energy Audits and Conservation

• Registered Accessibility Specialists

• Fire Protection Engineering

• Water Proofing

• Test and Balance

• Master Planning

• Surveying

• Materials Testing

• Historic Preservation

• Security

• Environmental

• Hazardous Material Testing and Remediation

• Airfield Design

• Professional Consulting

• Range Complex Design

Subconsultants providing services must meet the same requirements as the A/E. No subcontract agreement shall relieve the A/E of responsibility for the service. If the A/E uses a subconsultant for any or all of the work required, the following conditions shall apply:

a. The A/E shall identify the proposed subconsultants intended for any portion of the work.

b. Subcontracting shall be at the A/E's expense.

c. TMD retains the right to review the subconsultant's experience and make a determination to approve or reject the use of proposed subconsultants.

d. The A/E shall be the only point of contact for TMD and subconsultants.

e. The A/E is not required to submit a Veteran Heroes United Business (VetHUB) Subcontracting

Plan in response to this RFQ. A VetHUB Subcontracting Plan is not required at the RFQ stage; if applicable, subcontracting plans will be required at the time of project-specific Agreement award under the IDIQ. (For a template of the subcontracting plan, reference Exhibit C – VetHUB Subcontracting Plan)

f. The A/E shall be fully responsible for the coordination, accuracy, and completeness of all services provided by its subconsultants.

For

Services identified in this Section shall be performed in accordance with Section 2.3 – Statement of Work and the requirements of the Agreement.

2.3 STATEMENT OF WORK

The services to be supplied by the selected A/E(s) are listed in Exhibit D – Professional Architectural/Engineering Service Agreement, which may vary based on site requirements and work complexities. They include, but are not limited to:

a. Detailed on-site investigations.

b. Development of cost estimates.

c. Presentation of findings to the Owner for review and approval.

d. Preparation of detailed construction plans and specifications. All work shall conform to applicable codes, regulations, and standards outlined in Exhibit F – References.

e. Support of Owner's bidding process, to include evaluation of General Contractor proposals.

f. Construction contract administration.

g. Project closeout.

The A/E shall not rely solely on information provided by others without independent professional verification where appropriate to the standard of care.

SECTION III – SCHEDULE OF EVENTS

3.1 SCHEDULE OF EVENTS

TMD reserves the right to change the dates shown below with the issuance of an addendum.

EVENT DATE TIME

Issue RFQ May 6, 2026 Deadline for Submission of Questions May 20, 2026 4:00 PM CT Questions Answered by Addendum APPROX. June 9, 2026 Deadline for Submission of Qualifications June 23, 2026 1:00 PM CT IDIQ Selection APPROX. September 1, 2026

SECTION IV – SUBMISSION INFORMATION

4.1 GENERAL

a. The submission shall be organized as outlined in paragraph 4.2 – REQUIRED DOCUMENTS.

Adherence to the intended format will be subject to scoring. Information must be complete and accurate, without superfluous material.

b. A/E shall submit one (1) original printed version and one (1) digital version in PDF format on a USB drive, identical to the printed version.

c. Font must be Aptos and not smaller than 11 point.

d. A/E(s) are responsible for all costs of submission preparation and delivery of this RFQ.

4.2 REQUIRED DOCUMENTS

Below is an outline of the requested information. Qualifications submitted without this information or that do not conform to the submission requirements will be evaluated accordingly. When

For responding, follow the same numbering convention shown below and begin each section by restating the question you are answering. When page counts are provided, the submission tab shall be limited to the indicated number of pages. All requested documentation will be in a three-ring binder, tabbed as indicated. TMD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of TMD.

a. Cover (1 page): The cover page of the submission shall indicate the RFQ name and number, the name of the A/E, and the date of the submission deadline. The cover sheet may also show the names of the proposed subconsultants.

b. Table of Contents (1 page): List each of the following sections by name. Indicate the label of the tab where the respective information may be found and the total number of pages comprising that section.

c. Tab 1 – Questionnaire (2 pages, per firm): Exhibit B must be completed by the A/E as well as each subconsultant comprising the proposed team.

d. Tab 2 – Execution of Services (5 pages, including required certificates)

1. Describe previous IDIQ contract experience within the past 5 years, including previous and current contracts of comparable scope to the services solicited in this RFQ.

2. Core Architectural/Engineering Services: Indicate the minimum three (3) core disciplines, as described in paragraph 2.2, which the A/E will self-perform, and which core disciplines will be subcontracted.

i. For self-performed disciplines, include a description of the A/E's experience within those disciplines and the number of employees dedicated to each.

ii. For subcontracted services, provide a description of the proposed subconsultant and demonstrate the A/E's experience with that firm over the past three (3) years.

iii. 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 Agreement.

Provide a copy of your company's PELS Certificate of Registration with your response.

iv. 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 concurrent with their submission of said response and, if selected, through the term of the Agreement. Provide a copy of your company's TBAE Certificate of Registration with your response.

3. Other Related Professional Services: Identify which disciplines the A/E intends to self-perform and which will be subcontracted. For subcontracted services with past experience, include a description of the A/E's experience with that subconsultant. For the remaining services, describe experience managing subconsultants in those disciplines and list potential subconsultants. For disciplines without prior subcontracting experience, provide a brief description of how the A/E intends to find suitable subconsultants.

e. Tab 3 – Relevant Experience and Qualifications (30 pages)

1. Provide an Organizational Chart (1 page) for your proposed project team.

2. A/E's Résumés of Principals or Key Individuals (4 pages): Provide the résumés for no more than four (4) of the principals or key individuals. Limit each résumé to one page. Key

For

Individuals include the proposed assigned Project Manager(s) and Construction Administrator(s). Include any specific certifications, training, and licenses.

3. Résumés of Team Leaders (20 pages): For each of the disciplines listed under Tab 2 – Execution of Services, provide a résumé for the individual who will have primary responsibility for that element of the work on potential projects. Limit each résumé to one page. These résumés should be developed with emphasis on the type, nature, and scope of work to highlight the individual's abilities and experience with projects of a similar size and scope to those for which this RFQ has been issued. If a résumé for an individual is already included under Paragraph 2 of this Tab, do not duplicate the résumé here. Include at the beginning of this tab a listing of the individuals to whom this situation applies and indicate the discipline for which they will have primary responsibility. Include any specific certifications, training, and licenses.

4. Project Narratives (5 pages): Provide single-page summaries of the five (5) most relevant projects completed within the past five (5) years. For each project, include a description, scope, project team members, and any subconsultants used, initial/final budgets, initial/final schedules, the contracting method for General Contracting services, and a client POC who can provide references. Projects should cover a range of construction values and types from:

i. Small ($500k - $3.9M); i.e., Engineering Studies, Interior Fit-Outs, Roof Replacements, etc.

ii. Medium ($4M-$9.9M) -i.e., Minor Renovations, Building Additions, Roadway Design, etc.

iii. Large, Design-Bid-Build ($10M+); i.e.: New Construction / Whole Building Renovation

iv. Large, Construction Manager at Risk ($10M+); i.e.: New Construction / Whole Building

Renovation

f. Tab 4 – Proposed Methodology (3 pages): Provide a detailed description of your firm's process to implement the requirements of this RFQ's Scope of Work into finished projects. Specifically, how will your firm approach and develop the various design challenges into achievable, compliant, and coherent projects? This shall include, but not be limited to:

1. Managing multiple projects with varying scopes of work and complexity, with overlapping deadlines.

2. Selection of, and partnership with, subconsultants when required for assigned project(s).

3. Collaboration with TMD design professionals and project management staff.

4. Commissioning of building systems.

g. Tab 5 – Quality Assurance & Quality Control (QA/QC) (3 pages): Provide a narrative of the QA/QC measures, tools, and methods employed by the A/E to ensure that a complete and accurate design and high-quality RFP documents are produced. At a minimum, describe:

1. Actions taken to manage on-time delivery while limiting design deficiencies.

2. Activities that the A/E engages in between the time the project RFP is posted and the time a pre-construction meeting with the contractor is held, including the review of received General Contractor proposals.

3. How the A/E ensures that the work is progressing as scheduled during the construction phase and is being installed in accordance with the construction documents.

h. Tab 6 – Litigation History: Provide details of all past or pending litigation or claims filed against the A/E within the past five (5) years. A/E’s involved in litigation with Owners or

For

Architect/Engineer firms may be disqualified, at the full and sole discretion of TMD.

i. Tab 7 – Addenda Acknowledgment: A/E shall acknowledge receipt of all addenda to this RFQ by including a copy of each addendum signature page with the response. A/E's failure to periodically check the ESBD will not release the selected vendor from "addenda or additional information," resulting in additional costs to meet the requirements of the RFQ. Addenda must be signed by the same person who is signing the submission Response.

j. Tab 8 – Optional Information (5 pages): Include any additional information the A/E believes would be helpful to the evaluators.

4.3 INQUIRIES

All questions must be submitted in writing to the TMD Group Email FY26RFQ-IDIQ-AE@cfmo.mil.texas.gov by the due date listed in Section III. Schedule of Events. Please address the email subject line with TMD26-CFMO-4012026 IDIQ for Professional AE Services (Question Submission). All questions should be as detailed as possible and cite the specific RFQ section and paragraph number(s) to which the question refers.

Responses to inquiries that directly affect an interpretation or change to this RFQ will be issued in writing on the Electronic State Business Daily (ESBD) as an addendum. It is the responsibility of the A/E to verify on the ESBD whether any addenda have been issued. All such addenda issued on the ESBD prior to the time that submissions are received shall be considered part of the RFQ, and the A/E shall be required to assess and acknowledge receipt of each addendum in its Response.

a. Addenda and Selection information will be issued by TMD for this RFQ via the ESBD by referencing the solicitation number. https://www.txsmartbuy.gov/esbd

4.4 SUBMISSION DEADLINES

a. Submissions shall be received and time-stamped at TMD prior to June 23, 2026, at 1:00 PM Central Time (CT). Late submissions are not considered under any circumstances.

b. Submissions should be placed in a separate envelope/package and correctly identified with RFQ number, submission deadline/opening date, and time. It is the A/E's responsibility to appropriately mark and deliver this to TMD by the specified date and time.

c. Delivery: Deliver submissions to TMD by one of the following methods:

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

Attn: Susana L Rivera Texas Military Department Camp Mabry, Bldg. #37 2200 W. 35th St.

Austin, TX 78703-1222

Texas Military Department Camp Mabry, Bldg. #37 2200 W. 35th St.

Austin, TX 78703-1222

Attn: Susana L Rivera;

512-782-6916

Texas Military Department Camp Mabry, Bldg. #37 2200 W. 35th St.

Austin, TX 78703-1222

Attn: Susana L Rivera Mon –Fri;

8:00am to 4:00pm mailto:FY26RFQ-IDIQ-AE@cfmo.mil.texas.gov https://www.txsmartbuy.gov/esbd

For

4.5 RECEIPT OF SUBMISSIONS

a. Submissions will be received at Camp Mabry, Building #37, 2200 W. 35th St., Austin, Texas

78703.

b. Submissions will be received until the date and time established for receipt, then opened.

Only the names of the A/E(s) who submitted responses will be made public at that time.

c. Telephone and facsimile submissions are not acceptable.

d. All submissions shall become the property of the State of Texas after the deadline/opening date.

SECTION V – EVALUATION AND SELECTION

5.1 GENERAL

a. It is the intent of TMD to select one or more firms whose qualifications are considered "most qualified" for the services solicited in this RFQ.

b. TMD reserves the right to cancel the solicitation and not make a recommendation for selection.

c. Evaluation of the submissions will be made by a Committee composed of TMD employees. By submitting qualifications in response to this RFQ, the A/E accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submissions may involve some subjective judgments by the evaluation committee.

d. The Committee may obtain information from references submitted through Project Narratives (Tab 3, Paragraph 4).

e. In evaluating submissions, TMD may consider information related to an A/E's past contract performance, including, but not limited to, the Vendor Performance Tracking System, available at http://www.txsmartbuy.com/vpts. Negative responses relating to prior work performance with TMD, and other State agencies or governmental entities that are familiar with an A/E's performance, depending on problems encountered, may be grounds for disqualification.

f. Selection of A/E’s for participation in the IDIQ establishes a group of qualified firms eligible for consideration for future project assignments. Selection into the IDIQ does not establish a ranking of firms for future projects, and project assignments may be made based on qualifications relevant to the specific project, availability, past performance, workload distribution, or other factors determined by TMD to be in the best interest of the State.

5.2 SCORING CRITERIA

CRITERIA MAXIMUM POINTS

Submission Format 5 Points Tab 1 – A/E Questionnaire 10 Points Tab 2 – Execution of Services 15 Points Tab 3 – Relevant Experience and Qualifications 40 Points Tab 4 – Proposed Methodology 15 Points Tab 5 – Quality Assurance & Quality Control (QA/QC) 15 Points Tab 6 – Litigation History Pass/Fail

Total: 100 Points http://www.txsmartbuy.com/vpts

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5.3 SELECTION FOR THE IDIQ

Selection for the IDIQ will be based on the evaluation of qualifications submitted in response to this RFQ.

a. Selection for the IDIQ may be made without interviews or discussions if the initial ranking of the A/E firms is reasonably conclusive and determined to be in the best interest of the State.

b. The evaluation committee may determine that further discussions are necessary to clarify or verify a written submission. TMD may, at its discretion, require A/E’s to provide oral presentations or interviews regarding their submission. If interviews are conducted, scoring of the interview may replace the initial scoring of the written submission. The following may be expected during an interview:

1. A short presentation detailing company history and projects relevant to the anticipated project types, and confirmation of information presented in the submission.

2. Attendance by key team members to represent themselves as to their relative experience and intended involvement in potential project assignments.

3. An interview agenda provided by TMD, including elaboration of the firm’s relevant experience, proposed methodology, and quality program applicable to the anticipated projects.

c. TMD anticipates selecting multiple A/E’s through this RFQ to participate in the IDIQ for Professional

Architectural/Engineering Services.

d. Selection for the IDIQ does not constitute a contract award for services or a guarantee of work. A/E’s selected for the IDIQ will be required to execute an IDIQ Selection and Participation Agreement confirming their eligibility to participate in the IDIQ during the stated term.

e. Execution of the Participation Agreement establishes the A/E as an eligible firm for consideration for project assignments issued under the IDIQ, but does not authorize the performance of services.

Services may only be performed after:

1. TMD requests a project-specific proposal from the selected firm;

2. The parties successfully negotiate the scope of services and a fair and reasonable fee;

3. A Professional Architectural/Engineering Services Agreement is executed; and

4. A written Notice to Proceed is issued by TMD.

f. Participation in the IDIQ does not guarantee assignment of any work and does not prevent a selected A/E from responding to future TMD project-specific RFQs or other solicitations issued outside of the IDIQ.

5.4 IDIQ PARTICIPATION AGREEMENT

Firms selected through this RFQ will be required to execute an IDIQ Selection and Participation Agreement with the Texas Military Department.

The Participation Agreement confirms the A/E’s selection and establishes the A/E’s eligibility to participate in the IDIQ during the stated term. The Participation Agreement has no monetary value and does not constitute a contract for services.

Project-specific services will be authorized only through the execution of a Professional Architectural/Engineering Services Agreement and issuance of a Notice to Proceed.

The form of the IDIQ Selection and Participation Agreement is included in this RFQ as Exhibit E.

For

5.5 INDIVIDUAL PROJECT SELECTION

a. Based on the scoring of the submissions to this RFQ, TMD will select the A/E(s) on the IDIQ determined to be most appropriate for assignment to the projects listed in Exhibit A – TMD Projected Design Projects for FY27-28.

b. For projects not currently identified on Exhibit A, either within FY27-28 or through subsequent extensions of the IDIQ, work will be assigned based on the following criteria:

1. In-house capabilities compared to the primary project scope.

2. Vendor capacity, as measured by the number of active Agreements with TMD.

3. Schedule conformance of past designs under this IDIQ, as measured by on-time delivery of RFP documents to support the award of the construction contract within the Fiscal Year identified on TMD's Annual Work Plan.

4. Accuracy/Completeness of past designs under this IDIQ, as measured by Change Order values related to A/E Error and Omission (E&O), as a percentage of the original construction contract value.

5. Consideration of current workload and availability of IDIQ participants when making project assignments.

c. Notification of Selection: Upon TMD’s determination of the most qualified firm for a project assignment, the selected A/E will be notified and asked to prepare and submit a detailed proposal. The proposal shall include a proposed fee for negotiation. Upon receipt of the proposal, TMD and the selected A/E will attempt to negotiate the scope and extent of the work to be performed, the time for full performance, compensation, and other Agreement terms.

d. If an agreement cannot be reached with the selected A/E, negotiations will be terminated, and TMD may initiate negotiations with another qualified A/E participating in the IDIQ using the criteria identified above, continuing this process until an agreement is reached or the group of qualified firms is exhausted.

e. Upon successful negotiation of the scope and fee, the parties will execute a Professional Architectural/Engineering Services Agreement for the project. Work shall commence only after issuance of a written Notice to Proceed by TMD.

5.6 POST-SUBMISSION INSURANCE

During the term of the Agreement, the A/E shall maintain in force at its own expense, the following insurance:

a. Workers' compensation and employers' liability coverage with minimum policy limits for employers' liability of $250,000.00 bodily injury per accident, $500,000.00 bodily injury disease policy limit, and $250,000.00 per disease, per employee. Workers' compensation insurance coverage must meet the statutory requirements of Texas Labor Code, Section 401.011(44).

Certification in writing from the contractor and subconsultants shall be provided to TMD in accordance with Texas Labor Code, Section 406.096.

b. Commercial general liability with a combined single limit of $2,000,000.00 but not less than $500,000.00 for each claim, incident or occurrence, including products / completed operations, where appropriate, with a separate aggregate of $500,000.00 per Project. The policy shall contain the following provisions:

1. Blanket contractual liability coverage for liability assumed under the Agreement and all agreements related to the Project.

a. Independent Contractors coverage.

For

b. The State of Texas, TMD, its officials, directors, employees, representatives, and volunteers must be listed as additional insureds.

c. Thirty (30) day Notice of Cancellation in favor of TMD.

d. Waiver of Transfer Right of Recovery Against Others in favor of TMD.

2. Architect/Engineers professional liability insurance with a minimum limit of $2,000,000.00 for each claim incident or occurrence and in the aggregate to pay on behalf of the assured all sums which the assured shall become legally obligated to pay as damages by reason of any negligent act, error, or omission committed with respect to plans, maps, drawings, analysis, reports, surveys, change orders, designs, or specifications prepared by the insured. A/E shall maintain coverage for the duration of this Agreement and for not less than twenty-four (24) months following completion of the Project, whichever is longer. Any deductible shall not exceed $50,000.00 for each claim, incident, or occurrence.

3. Business automobile liability insurance for all owned, non-owned, and hired vehicles with a minimum combined single limit of $2,000,000.00 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000.00 bodily injury per person, $500,000.00 bodily injury per occurrence, and at least $100,000.00 property damage liability per accident. The policy shall contain the following endorsements in favor of TMD:

a. Waiver of Subrogation endorsement.

b. Thirty (30) day Notice of Cancellation endorsement.

c. Additional Insured endorsement.

4. A/E shall be responsible for deductibles and self-insured retention, if any, stated in policies. All deductibles or self-insured retention shall be disclosed on the certificate of insurance required above. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with the date of this Agreement, and the certificate of insurance shall state that the coverage is claims-made and the retroactive date.

5. As evidence of the insurance coverage required by this Agreement, the A/E shall furnish acceptable insurance certificates to TMD prior to its issuance of a Notice to Proceed. The certificate will specify all of the parties who are Additional Insured. Insuring companies or entities are subject to TMD acceptance. If requested, complete policy copies shall be provided to TMD. The A/E shall be financially responsible for all pertinent deductibles, self-insurance retention, and or self-insurance.

6. A/E shall not commence work under this Agreement until they have obtained the required insurance and until such insurance has been reviewed by TMD. Approval will be communicated to A/E by TMD. A/E shall not allow any subconsultants to commence work until the required insurance has been obtained and approved. Approval of insurance by TMD shall not relieve or decrease the liability of A/E hereunder.

7. U.S. Department of Homeland Security's E-Verify System. By entering into this Contract, the A/E certifies and ensures that it utilizes and will continue to utilize, for the term of this Agreement, the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of:

a. All persons employed to perform duties within Texas, during the term of the

Agreement; and

b. All persons (including subconsultants) assigned by the A/E to perform work pursuant to the Agreement, within the United States of America. The A/E shall provide, upon request of the Texas Military Department, an electronic or hardcopy screenshot

For of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the A/E and A/E's subconsultants, as proof that this provision is being followed. If this certification is falsely made, the Agreement may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The A/E shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated Agreement.

SECTION VI – SUBMISSION CERTIFICATIONS

6.1 SIGNATURE AUTHORITY

By submitting a Response to this RFQ, the A/E represents and warrants that the individual submitting the Response and all documents, certifications, forms, and attachments included with or made part of the Response is duly authorized to execute such documents on behalf of the A/E and, if selected for the IDIQ, to bind the A/E to the terms and conditions applicable to any project-specific Professional Architectural/Engineering Services Agreement that may be executed pursuant to this RFQ.

6.2 RFQ REPRESENTATIONS AND CERTIFICATIONS

By submitting a Response to this RFQ, the A/E further represents and certifies that:

a. All information contained in the Response and in any supporting documentation is current, complete, and accurate to the best of the A/E's knowledge and belief as of the date of submission;

b. The A/E acknowledges that selection under this RFQ for inclusion in the IDIQ constitutes prequalification only and does not constitute the award of a contract, guarantee of work, or authorization to perform services. Any services shall be performed only pursuant to a project-specific Professional Architectural/Engineering Services Agreement executed under the IDIQ by the Texas Military Department.

c. The A/E certifies that it has reviewed and understands the RFQ and all documents, addenda, and attachments issued in connection with this RFQ and agrees to comply with the requirements set forth therein.

For

The authorized representative on behalf of the A/E must complete and sign the following:

Legal Name of A/E Firm:____________________________________________________________________________

State Vendor ID Number:___________________________________________________________________________

Phone Number:____________________________________________________________________________________

Email Address:_____________________________________________________________________________________

Address:____________________________________________________________________________________________

** A/E acknowledges receiving the RFQ, reading, and following all instructions contained within the RFQ and all attachments **

Printed Name and Title:_________________________________________________________________________________

Signature of Authorized Representative:__________________________________________________________________