ESBD_512941_1778087746934_RFP 808-26-261292.pdf

THC RFP No. 808-26-261292

REQUEST FOR PROPOSALS (RFP)

Request for Proposals for

House & Kitchen Roof Replacement at

French Legation State Historic Site

Travis County, Texas

RFP# 808-26-261292

NIGP Class/Item:

914-73 Roofing and Siding

THC CONTACT: RFP ISSUE DATE: May 6, 2026 Christi Duve, CTCD, CTCM at (512)475-3909 or PROPOSAL DUE DATE: June 18, 2026 christi.duve@thc.texas.gov 2:00 P.M. CST mailto:christi.duve@thc.texas.gov

THC RFP No. 808-26-261292 Page 2 of 54

Table of Contents

SIGNATURE PAGE

SECTION I

GENERAL INFORMATION

1.1 SUMMARY

1.2 AGENCY OVERVIEW

1.3 SCOPE OF SOLICITATION

1.4 MINIMUM VENDOR QUALIFICATIONS

1.5 DEFINITIONS AND ACRONYMS

1.6 STATUTORY AUTHORITY

1.7 PROJECT BUDGET AND SCHEDULE

SECTION II

STATEMENT OF WORK

2.1 PROJECT BACKGROUND

2.2 PROJECT OBJECTIVES

2.3 SPECIFICATIONS AND REQUIREMENTS

2.4 REPORTING AND DELIVERABLES

2.5 PERFORMANCE MEASURES

2.6 PERFORMANCE TRACKING

2.7 SUBCONTRACTORS

2.8 VetHUB SUBCONTRACTING PLAN

2.9 INSURANCE REQUIREMENTS

2.10 COMPENSATION

2.11 PERFORMANCE WARRANTY

2.12 CRIMINAL BACKGROUND INVESTIGATION

SECTION III

PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 REVISIONS TO SCHEDULE

3.3 ADDENDA

3.4 MANDATORY PRE-PROPOSAL CONFERENCE

3.5 BONDING REQUIREMENTS

3.6 REQUIRED BID BOND

3.7 INQUIRIES

3.8 ELEMENTS OF A PROPOSAL

3.9 REQUIRED PROPOSAL CONTENT AND FORMAT

3.10 DELIVERY OF PROPOSALS

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3.11 PROPOSAL SUBMISSION DEADLINE

3.12 PROPOSAL SCORING, EVALUATION, AND AWARD

3.13 BEST VALUE FACTORS AND OTHER MEASURES

3.14 PAST PERFORMANCE

3.15 RFP PROTEST PROCEDURES

3.16 PUBLIC BID OPENING

3.17 GENERAL TERMS AND CONDITIONS

List of Exhibits

EXHIBIT I

RFP CHECKLIST

EXHIBIT II

MANDATORY PROPOSAL PRICE SCHEDULE

EXHIBIT III

EXECUTION of PROPOSAL

EXHIBIT IV

CONFLICT of INTEREST/DISCLOSURE STATEMENT

EXHIBIT V

NONDISCLOSURE AGREEMENT

EXHIBIT VI

CERTIFICATION REGARDING PUBLIC NATURE of the OFFER

EXHIBIT VII

CERTIFICATION REGARDING LOBBYING

EXHIBIT VIII

REFERENCES

EXHIBIT IX

CONTRACTOR’S QUALIFICATIONS FORM

EXHIBIT X

PRE-PROPOSAL CONFERENCE FORM

EXHIBIT XI

VetHUB SUBCONTRACTING PLAN

EXHIBIT XII

PAYMENT BOND

EXHIBIT XIII

PERFORMANCE BOND

EXHIBIT XIV

CONTRACTOR’S PROGRESS PAYMENT AFFIDAVIT

EXHIBIT XV

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CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

EXHIBIT XVI

CONSENT OF SURETY COMPANY TO FINAL PAYMENT

EXHIBIT XVII

CONSTRUCTION DOCUMENTS

EXHIBIT XVIII

GENERAL TERMS AND CONDITIONS

EXHIBIT XIX

UNIFORM GENERAL/SUPPLEMENTARY CONDITIONS FOR CONSTRUCTION

EXHIBIT XX

FRENCH LEGATION ROOF PROJECT SPECIAL CONDITIONS FOR CONSTRUCTION

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SIGNATURE PAGE

RFP 808-26-261292

These items apply to and become part of the Proposal’s Terms and Conditions.

Any exceptions must be in writing.

Electronically submit via email one complete, consolidated Proposal PDF to:

Texas Historical Commission

Attention: Christi Duve at responses@thc.texas.gov

Late Proposals will not be considered under any circumstances.

The award will be ESBD posted on https://www.txsmartbuy.gov/esbd.

The Respondent must sign the Proposal. The laws of the State of Texas must prevail on all Proposals. By signing this Signature Page, the Respondent certifies that if a Texas address is shown as the address of the Respondent, the Respondent qualifies as a Texas Resident as defined in Rule, see 1 Tex. Admin. Code § 111.2.

The Texas Identification Number (TIN) is the taxpayer number assigned and used by the State of Texas Comptroller of Public Accounts. This number must be entered in the spaces provided below. If this number is unknown, please enter either a federal employer’s identification number (EIN), or if sole owner, enter a Social Security Number (SSN).

TIN/EIN/SSN: Phone Number: ( ) -

Business Name: Fax Number: ( ) -

Address: VetHUB Certified? [ ] Yes [ ] No

City-State-Zip: VetHUB #:

Email Address:

Signature: Print Name:

STATE AGENCY AWARD NOTICE: The State reserves the right to accept or reject all or any part of a Proposal and waive minor technicalities. THC will award the Contract that serves the best interests and provides the best value to the State.

Public RFP Opening Address:

Texas Historical Commission RFP No. 808-26-261292 311 E 14th St RFP Deadline: June 18, 2026 Austin, TX 78701 RFP Closing: 2:00 PM CST

NOTE: THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE PROPOSAL.

FAILURE TO COMPLETE AND RETURN THIS FORM WILL RESULT IN PROPOSAL REJECTION.

mailto:responses@thc.texas.gov https://www.txsmartbuy.gov/esbd

THC RFP No. 808-26-261292 Page 6 of 54

SECTION I

GENERAL INFORMATION

1.1 SUMMARY

1.1.1 Type of Solicitation. This document’s type of solicitation is a Request for Proposal (RFP).

1.1.2 Issuing Office. The office or agency initiating this RFP is the Texas Historical Commission (THC).

1.1.3 Response to RFP. See the Signature Page for the electronic method to submit this RFP’s response.

1.1.4 Proposal Deadlines. The RFP deadline date is June 18, 2026 and its closing time is 2 PM CST.

1.1.5 Contract Terms.

• Initial Contract Terms. The services requested to be provided beginning July 1, 2026, or the last signature date, whichever is later, and ending December 31, 2026, or six months from the last signature date, whichever is later. Parties may extend the contract term only by written amendment.

• Optional Contract Terms. Optional contract terms extend to 180 days from initial contract date.

1.1.6 THC Contacts for this RFP.

• THC Contract Administrator: Christi Duve, Purchaser, (512)475-3909, christi.duve@thc.texas.gov.

• THC Contract Monitor: Alfredo Terrones, Project Manager, (737) 408-3833, alfredo.terrones@thc.texas.gov

1.1.7 Electronically Submitted (emailed) Proposals Only. To electronically submit the RFP response, email the entire consolidated Proposal PDF with all required documents to responses@thc.texas.gov. Emails are the only electronic form accepted. NOTE: Delivered thumb drives or faxes will not be accepted.

1.1.8 Pre-Proposal Conference. This RFP does require pre-proposal conference attendance. See Section 3.4.

• Date: June 10, 2026; Time: 10 AM

Location: French Legation State Historic Site, 802 San Marcos Street, Austin, TX 78702

• Date: June 11, 2026; Time: 10 AM

Location: French Legation State Historic Site, 802 San Marcos Street, Austin, TX 78702

1.1.9 Letter of Intent to Submit a Proposal. This RFP does not require a letter of intent to submit a Proposal.

If the RFP does require a letter of intent, it should include:

• Summary Statement – Project overview

• Statement of Need – The “why” of the project

• Project Activity – The “what” and “how” of the project

• Outcomes – The results of the project in one to two (1 ‒ 2) paragraphs

• Credentials – The business entity and personnel credentials in one to two (1 ‒ 2) paragraphs

• Budget – The project’s budget in one to two (1 ‒ 2) paragraphs

• Closing – The letter’s closing summary

• Signature – The signature of the entity management mailto:christi.duve@thc.texas.gov mailto:alfredo.terrones@thc.texas.gov

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1.1.10 RFP Addenda. THC reserves the right to issue addenda at any time prior to the Proposal due date. All addenda will be posted on the Electronic State Business Daily (ESBD). It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Proposal. The

Respondent’s failure to periodically check the ESBD will in no way release the Contractor from complying with the information contained therein. All addenda shall be acknowledged as received on the Contractor’s

Price Proposal Form.

1.1.11 Respondent Presentations. THC may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to each Respondent’s RFP.

1.1.12 Evaluation of Proposals. A committee that includes THC employees and other THC-invited persons will evaluate the submitted Proposals. THC will award a Contract to a Respondent(s) whose Proposal is considered to provide the best value to the State of Texas (Texas Government Code §§ 2155.074 and

2156.007) and that best serves project needs. Proposal evaluation will be based on four (4) sets of criteria:

• Project Plan,

• Price Proposal Schedule,

• Respondent’s Comparable Experience (relevant to project), and

• Respondent’s Staff Qualifications and References.

See Sections 3.8 and 3.12: Elements of a Proposal and Proposal Scoring, Evaluation, and Award.

1.1.13 RFP Preparation Expense. Any expense related to the submission of Proposals is the sole responsibility of the Respondent. THC will not reimburse Respondent for any cost related to RFP preparation or submission.

1.1.14 Respondent Understanding the RFP. By submitting a signed RFP, a Respondent represents that it fully understands this RFP and will abide by its Terms and Conditions.

1.1.15 Right to Amend, Modify, or Withdraw RFP. THC reserves the right, in its sole discretion, to amend or modify any provision(s) of this RFP, or to withdraw this RFP, at any time prior to the award of a contract, if it is in the best interest of THC or the State to do so. The decision of THC, or its designee, shall be administratively final in this regard.

1.2 AGENCY OVERVIEW

The Texas Historical Commission (THC) is the Texas state agency for historic preservation. THC saves real places that tell the real stories of Texas. THC staff consults with citizens and firms to preserve Texas history through its architectural, archeological, and cultural landmarks. THC is recognized nationally for its preservation programs. Its Commission consists of fifteen (15) Governor-appointed citizen members with staggered six-year (6-year) terms.

THC employees work in various fields including archeology, architecture, history, economic development, heritage tourism, administration, and urban planning. The Texas State Legislature established the agency in 1953 as the Texas State Historical Survey Committee, and changed the agency’s name in 1973. Along with the name change came greater protective powers, wider leadership roles, and broader educational responsibilities.

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1.3 SCOPE OF SOLICITATION

The State of Texas, by and through THC, seeks competitive Proposals to establish a Contract(s) for roof replacement in accordance with the specifications contained in this RFP. In particular, the goods and services requested herein and to be provided under any Contract(s) awarded as a result of this RFP pertain to the following location:

French Legation State Historic Site, 802 San Marcos Street, Austin, TX 78702 Site contact: Mary Margaret Kennedy, (737) 226-1324, mary.kennedy@thc.texas.gov

In accordance with the provisions of Texas Government Code, Construction Services, and Rules and Procedures, THC seeks a contractor experienced with roof replacement and all necessary safety requirements.

1.4 MINIMUM VENDOR QUALIFICATIONS

1.4.1 Work Experience*. The vendor must have a minimum of five (5) years of experience in construction similar to the type of work required by this RFP (as judged by THC) to be eligible for the Contract award.

Preference will be given to respondents who have completed projects of a similar type, scope, and size. The solicitation requires the company to submit its experience and qualifications, focusing on comparable projects. Respondents will be evaluated as described in Section 3.13 Scoring Criteria.

1.4.2. Valid Texas Driver’s License (TDL). Contracting personnel assigned to provide services for this contract must provide proof of a valid TDL and will drive to, on, and from THC’s site at no expense to THC.

1.4.3 Certification/Licensing Requirements. NA

1.4.4 *Vendor Disqualifications. Failure to meet this mandatory qualification shall result in disqualification of the response, and the response shall receive no further consideration.

1.5 DEFINITIONS AND ACRONYMS

For purposes of this RFP, the following definitions apply:

• Acceptable Quality Level – The level of performance of requested services below which the contract will not be paid or damages may be assessed.

• Addendum – A modification of the specifications issued by THC and distributed to prospective

Respondents prior to the opening of responses.

• Best and Final Offer (BAFO) – A formal request made to selected Respondents for revisions to the originally submitted Proposal.

• Contract – The Contract awarded as a result of this RFP and all exhibits thereto. This RFP, any Addendum issued in conjunction with this RFP, the successful Respondent's Proposal, any BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits.

• Contractor – An entity that has been awarded a Contract to provide goods and/or services.

• Days – Calendar days unless otherwise stated.

• Electronic State Business Daily (ESBD) – An SPD-administered online application that publishes solicitations over $25,000 for the purpose of informing vendors of procurement opportunities and posts public notice of contract awards. The online ESBD is available at https://www.txsmartbuy.gov/esbd.

• Good Faith Effort – Respondent’s effort when completing the Veteran Heroes United in Business

(VetHUB) Subcontracting Plan (HSP), which demonstrates the Respondent has completed one of the following for the planned subcontracting needs:

mailto:mary.kennedy@thc.texas.gov

THC RFP No. 808-26-261292 Page 9 of 54 o Using strictly VetHUBs for all subcontracting needs o Meeting stated agency goal for VetHUB subcontracted needs using both VetHUB and non-VetHUB

Respondents o Performing Traditional Good Faith Effort to notify two (2) service-disabled veteran organizations and solicit bids from three (3) VetHUBs for each subcontracting opportunity and allow seven (7) business days for response o Self-Performing Contract (performing all work with own materials and labor).

• Occupational Safety and Health Administration (OSHA) – OSHA is an agency of the United States

Department of Labor.

• Owner - The Texas Historical Commission (THC).

• Proposal – The response submitted by a vendor to THC as a result of this solicitation.

• Request for Proposal (RFP) – The type of solicitation in this document.

• Respondent – Any person or vendor who submits a Proposal in response to this solicitation.

• Tex. Admin. Code – Texas Administrative Code is the publication of administrative rules.

• VetHUB – Veteran Heroes United in Business serves small businesses based primarily in Texas who are at least 51% owned, managed, and operated by persons who meet the qualified requirement as a service-disabled-veteran (SDV) with at least a 20% service disability as certified by the federal military department.

These businesses must meet the Small Business Administration (SBA) size standard set forth in the business categories of 13 CFR § 121.201.

1.6 STATUTORY AUTHORITY

THC posts this RFP solicitation for construction projects pursuant to Texas Government Code § 442.101(a), in conjunction with Subchapter D, Chapter 2269, Texas Government Code, and in conjunction with Subchapter C, Chapter 2156, Texas Government Code.

1.7 PROJECT BUDGET AND SCHEDULE.

In accordance with Texas Government Code 2269, the following project parameters are provided for the French Legation Roof Replacement.

• Estimated Budget – The estimated construction budget for this project is $130,000.

• Completion Date – The estimated project completion date is December 31, 2026.

• Anticipated Timeline – The THC anticipates issuing a Notice to Proceed on or about July 15, 2026.

NOTE: These figures are estimates provided for planning purposes and to assist Offerors in preparing their Proposals. They do not constitute a guaranteed maximum price or a final contract schedule.

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SECTION II

STATEMENT OF WORK

2.1 PROJECT BACKGROUND

The French Legation State Historic Site has one of the oldest surviving documented buildings in Austin, Texas. The site is located at 802 San Marcos Street on the city’s East Side, and currently encompasses two acres of landscaped property surrounded by a stone wall and small parking lot. It consists of the historic Legation building constructed in 1841, a reconstructed Kitchen and Privy from the mid 1960’s, and a Carriage House/Visitor Center built in 1974. The site’s long history started in the Republic of Texas Era with the French chargé d’affairs Alphonse Dubois de Saligney and extends through the 19th and early 20th centuries with the Robertson family playing a role in the growth of Austin and particularly the East Side’s neighborhoods. The site was sold to the State of Texas in 1948 after the death of the last Robertson tenant and the Daughters of the Republic of Texas were given custodianship of the property. The organization has stewarded the property and run it as a museum from 1956 until it was transferred from The Facilities Commission to the Texas Historical Commission by an act of the Legislature in 2017.

2.1.1 Project History. Built in 1841 by Alphonse Dubois de Saligny, chargé d’affaires for King Louis Philippe of France. The Legation’s purpose was to further international cooperation and settlement between the

Republic of Texas and France. Renown Texas figures Anson Jones, Sam Houston, and Henri Castro all stayed at the Legation. After annexation, the Robertson family lived here for nearly a century until the State of

Texas purchased the property in 1949. The original 21.5 acres of land from the Robertson era in 1870 was the genesis of the Robertson Hill neighborhood of East Austin.

2.1.2 Project Designation. The French Legation is owned by the State of Texas and managed by the Texas

Historical Commission (THC) as a state historic site open to the public. The French Legation is a Recorded

Texas Historic Landmark and listed in the National Register of Historic Places.

2.1.3 Service Requirements. Services shall include, but are not limited to, the requirements contained in this

RFP. In accordance with the approved schedule and price, the Contractor shall provide and/or secure and install all materials, labor, coordination, management, and supervisory activities necessary to complete the

Project in accordance with the Contract Documents: Drawings and Specifications, Addenda, and Contract

Modifications.

2.2 PROJECT OBJECTIVES

2.2.1 Scope and Description of Work. The Project includes the removal and disposal of the existing wood roof shingles and the replacement with new wood roof shingles on the historic house, kitchen, and privy. Windowsills of the dormer windows and at dormers at the historic house to repaired/replaced.

Associated sheet metal flashing will also be replaced with new material. Additional information regarding project scope and details are further defined in the provided project specifications and construction documents. Refer to Exhibit XVII Construction Documents for specific project requirements.

2.2.2 Vendor Responsibilities. Vendor responsibilities include but are not limited to providing compliant deliverables by this RFP’s due date, furnishing the stipulated services using qualified personnel, installing the required equipment, and performing the required tasks at the location specified in this RFP.

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2.2.3 Vendor Constraints. Vendor constraints include but are not limited to restricted availability of agency resources to Mon.-Fri. 8 AM to 5 PM CST access only and adherence to THC security policies regarding state historic sites regulations and electronic communications, specifically email encryption protocols.

2.2.4 Agency Responsibilities. THC agency responsibilities include but are not limited to permitting reasonable access to agency personnel, granting suitable access to agency facilities (including storage space for vendor materials and supplies), equipment, and computer systems, if applicable.

2.3 SPECIFICATIONS AND REQUIREMENTS

The Contractor shall not deviate from this RFP solicitation without first obtaining written approval from the Owner. Any Terms and Conditions attached to this solicitation by the Respondent will not be considered unless specifically referred to in this solicitation and may result in disqualification. THC requires all work to comply with all applicable federal and state laws, codes, and standards.

2.4 REPORTING AND DELIVERABLES

2.4.1 Reporting. Services are estimated to take place between July 1, 2026 through December 31, 2026. An initial meeting to agree on a work schedule and the plan must be scheduled to occur within two (2) weeks of last signature date of Contract. Services will be performed under coordination of THC Historic

Sites Division (HSD).

Benchmarks shall be established based on the Respondent’s project information provided in their Proposal, which must include a work timeline/schedule that outlines how and when Respondent proposes to complete the project. Upon Contract commencement, a monthly written progress report and work evidence must be emailed to THC’s designated contact. These reports shall be a maximum of two (2) pages in length and provide a brief summary of the current activity driving outstanding milestones to completion; any changes to the initial milestones or adjusted target dates from those communicated in the original Proposal; and discussion of any significant risk factor(s) jeopardizing the completion of target milestones completion dates.

2.4.2 Final Deliverable. The last deliverable is a final report that summarizes the activities carried out during this project and provides future documentation recommendations to support the project’s objectives:

• Closeout documents

• Warranty documentation

• As-built drawings (if applicable)

In addition to the Tex. Admin. Code permit requirements, one digital copy of the final report will be emailed to THC HSD. Any face-to-face meetings regarding the project management deemed necessary by Respondent and/or THC will take place at THC headquarters in Austin, Texas.

2.5 PERFORMANCE MEASURES

THC will use the following measures to assess the Contract’s performance: Performance Measures for Service Level Agreements (if applicable) will be listed in Contract Documents to the awarded Contractor.

2.6 PERFORMANCE TRACKING

THC will monitor the performance of the Contract issued under this RFP. Performance tracking methods may include, but are not limited to, established timelines for scheduled meetings, completion of major tasks, and submission of required reports deemed necessary by THC to assess the progress of the Contractor toward meeting the identified goals and outcomes established at Contract initiation and in response to assessments of unsatisfactory performance in accordance with this procedure.

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The specific types of reports and deliverables to be submitted, including progress reports, status reports, activity reports, and financial reports, as well as the established timeline of their submissions, are specified in the 2.4.1 Reporting section and will be further stipulated and agreed upon at Contract signing. All services delivered and goods provided under the Contract must be performed at an acceptable quality level and in a manner consistent with industry standard, custom, and practice as acceptable to THC and in a manner consistent with applicable professional guidelines. THC will utilize the reporting requirements established in the 2.4 Reporting and Deliverables section to monitor and track performance.

2.7 SUBCONTRACTORS

Subcontractors providing goods and services under the Contract must meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract will relieve Respondent of responsibility for ensuring the requested goods and services are provided. Respondents planning to subcontract all or a portion of the work to be performed must identify the proposed subcontractors and the Proposal must include a letter from each proposed subcontractor agreeing to work on the team.

2.8 VetHUB SUBCONTRACTING PLAN

THC shall make a good faith effort to utilize Veteran Heroes United in Business (VetHUB) in contracts for construction services, including professional and consulting services, and goods and services contracts.

This solicitation has been identified as one that does require a VetHUB Subcontracting Plan (HSP). If the Respondent plans on using VetHUB subcontractors during its contract, Respondent must complete, and submit an HSP. Respondent may request the HSP from the listed contact in this solicitation. For further information, please contact THC VetHUB Coordinator Dr. Carol Egele by email at responses@thc.texas.gov.

2.9 INSURANCE REQUIREMENTS

The Contractor represents and warrants that it will, within seven (7) business days of executing this agreement, provide Owner with current certificates of insurance or other proof acceptable to Owner of the following insurance coverage:

2.9.1 Worker Compensation and Employer Liability. Contractor must maintain worker compensation insurance coverage in accordance with statutory limits:

• Worker Compensation ‒ Statutory Limits

• Employer Liability ‒ Each Accident $1,000,000

• Disease ‒ Each Employee $1,000,000

• Disease ‒ Policy Limit $1,000,000

2.9.2 Commercial General Liability. Contractor must maintain personal injury and injury advertisement insurance coverage with, at a minimum, the following limits:

• Bodily Injury and Property Damage ‒ Each occurrence limit $1,000,000

• Aggregate Limit ‒ $2,000,000

• Medical Expense ‒ $5,000 each person

• Personal Injury and Advertising Liability ‒ $1,000,000

• Products/Completed Operations Aggregate Limit ‒ $2,000,000

• Damage to Premises Rented to You ‒ $50,000 The Contractor represents and warrants that all coverages are with companies licensed in Texas, with an A rating from A.M. Best Co., and authorized to provide the required coverages. The Contractor also represents and warrants that all of the above policies and bonds contain endorsements prohibiting cancellation exception upon at least thirty (30) days prior written notice to THC.

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The Contractor must, within the time provided above, furnish proof to THC of such coverage in the form of a Certificate of Insurance from the Contractor’s insurance carrier or carriers demonstrating the above coverages.

Each Certificate shall be addressed to the Texas Historical Commission as the Certificate holder. Contractor represents and warrants that it shall maintain the above insurance coverage during the term of this Contract and shall provide THC with an executed copy of the policies immediately upon request.

2.10 COMPENSATION

2.10.1 Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit II

Mandatory Proposal Price Schedule. Acceptance by THC of deliverables specified in the Contract is a condition of payment.

2.10.2 Invoices. The Contractor shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Exhibit II. The Respondent may submit an invoice no more frequently than monthly and no later than ninety (90) calendar days after completing deliverables specified in the Contract. Each invoice shall show the Contract number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

2.10.3 Withholding Payments. If payment is withheld, THC shall notify the Respondent and specify conditions that would allow THC to release the payment. THC reserves the right to withhold payment:

• If a dispute over work or costs is not resolved within thirty (30) days,

• If a verification of satisfactory work is pending,

• If the Respondent becomes a delinquent obligor under Texas Family Code § 231.006,

• If the required work product is not received, or

• If the State Comptroller of Public Accounts (CPA) does not issue a warrant to the Respondent.

2.10.4 Sub Providers and Suppliers List. The Respondent must provide THC with a list of all sub providers and suppliers that submitted quotes or proposals for subcontracts. This list shall include sub providers’ and suppliers’ names, addresses, and telephone numbers.

2.10.5 Funds Availability. 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 THC General Terms and Conditions shall apply.

2.10.6 Debt to the State. If the State CPA is prohibited from issuing a warrant to the Respondent because of a debt owed to the State, the State shall apply all payments due the Respondent to the debt until the debt is paid in full.

2.11 PERFORMANCE WARRANTY

Upon completion of the work and final acceptance by the Owner, the Contractor shall furnish the Owner with a written one year (1-year) general warranty for the completed work.

2.12 CRIMINAL BACKGROUND INVESTIGATION

THC reserves the right to conduct a criminal background investigation to confirm the Contractor and the Contractor’s employees have not been convicted of a felony criminal offense, or that, if such conviction has occurred, Contractor has fully advised Owner as to the facts and circumstances surrounding the conviction.

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SECTION III

PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS

The solicitation process for this RFP will proceed according to the following schedule. The schedule listed is for planning purposes only and subject to change.

EVENT DATE

Issue RFP/ESBD Posting Date May 6, 2026

Deadline for Submission of Written Questions May 18, 2026

Official Response to Questions Posted on the ESBD May 20, 2026

Deadline for Pre-Proposal Site Conference June 10th & June 11th 2026

Deadline for Submission of Proposals/RFP* June 18, 2026, 2:00 PM CST

Public RFP Opening June 18, 2026, 2:01 PM CST

RFP Evaluations June 19-23, 2026

Interviews with Top Candidates (if necessary) June 24-25, 2026

Expected Award of Contract June 26, 2026

Expected Contract Start Date July 1, 2026, or soon thereafter

*NOTE: Late responses will not be considered.

3.2 REVISIONS TO SCHEDULE

THC reserves the right to change dates in the 3.1 Schedule of Events section above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for RFP updates prior to submitting a Proposal. Respondent’s failure to periodically check the ESBD will in no way release the Respondent from the requirements of addenda or additional information. Also, no additional resulting costs to meet the requirements will be allowed after the award.

3.3 ADDENDA

THC reserves the right to issue addenda at any time prior to the Proposal due date. All addenda will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Proposal. Respondent’s failure to periodically check the ESBD will in no way release the Contractor from complying with the information contained therein. All addenda shall be acknowledged as received on the Contractor’s Proposal Price Schedule Form.

3.4 MANDATORY PRE-PROPOSAL CONFERENCE

Mandatory pre-proposal conferences will be held for this RFP. Respondents must attend one of the two scheduled pre-proposal conferences to be held on June 10th and June 11th from 10 am to 12 pm at the French Legation Visitor Center, 802 San Marcos Street, Austin, TX 78702. The pre-proposal conference also will include a walkthrough of the site. The French Legation State Historic Site is located at, 802 San Marcos Street, Austin, TX 78702. Site contact: Mary Margaret Kennedy, (737) 226-1324, mary.kennedy@thc.texas.gov.

Pre-proposal conference attendance is mandatory. A completed and signed Exhibit X, Pre-Proposal Conference Form, must be included in Respondent’s Proposal. Proposal will be rejected if a Respondent does not attend a pre-proposal conference and does not include a signed Pre-Proposal Conference Form as proof of the Respondent’s pre-proposal conference attendance.

3.5 BONDING REQUIREMENTS

If the total contract price exceeds $25,000, the Contractor must furnish a Payment Bond (Exhibit XII). If the total contract price exceeds $100,000 the Contractor must furnish both Payment Bond and a Performance Bond (Exhibits XII and XIII).

mailto:mary.kennedy@thc.texas.gov

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3.6 REQUIRED BID BOND

Proposals exceeding $25,000 must be accompanied by a Proposal security in the form of an original bid bond, certified check, or cashier’s check payable to the order of the Texas Historical Commission for not less than five percent (5%) of the total amount of the Proposal (including total of all alternate proposal items).

Therefore, to ensure adequate proposal security, Respondents should calculate proposal security based on the highest possible monetary award. Personal checks, company checks, and cash are not acceptable as proposal security. Proposals will be rejected if proposal security is not furnished in the form specified and by the time set for receipt of Proposals. THC may retain proposal security for the three (3) highest ranked firms until the Contractor executes the Contract, and if required, furnishes bonds and certificates of insurance. All other proposal security deposits will be returned within thirty (30) days. Proposal security for the Contractor will be returned following execution of the Contract and submission of satisfactory bonds and insurance. If the Contractor fails to return the signed Contract and/or bonds and certificate of insurance within the time specified, the proposal security may be forfeited as liquidated damages. THC may then proceed to the next lowest responsive/responsible Respondent. The undersigned further agrees that this Proposal security is the appropriate measure of liquidated damages which THC will sustain by the failure of the undersigned to execute and deliver said Contract and required documents.

3.7 INQUIRIES

Should any Respondent find discrepancies among the RFP documents, or should a Respondent be in doubt as to their exact meaning, notify THC at once. All inquiries shall be submitted in writing by the date listed in Section

3.1 Schedule of Events above. Verbal inquiries and responses will not be valid or binding.

3.7.1 THC Contact Information. Please direct all inquiries and questions to responses@thc.texas.gov.

3.7.2 Respondent Inquiries. All inquiries will result in written responses as an addendum posted on the ESBD, available at: https://www.txsmartbuy.gov/esbd.

3.7.3 Restriction. Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the RFP with any potential respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

3.8 ELEMENTS OF A PROPOSAL

This section provides a list summarizing information to be included in a Proposal submitted in response to this RFP. Proposals without this information will be evaluated accordingly. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

• Project Plan: Provide a planned approach and detailed narrative for providing the required goods and services within the proposed timeline. Clearly outline the requested tasks and activities, along with the discrete project segments, based on existing information. Detail the proposed approach to implement the requirements of the scope of work to meet the project’s objectives as specified in Section 2.2. See Section 3.12.2 Scoring Criteria: Criteria One.

• Proposal Price Schedule: Complete pricing information including all expenses associated with providing the required goods and services, travel, administrative, and related services. Exhibit II assists in estimating associated costs and ensures the total Proposal price covers these expenses. It is the Respondent’s responsibility to pay for expenses incurred while traveling. See Section 3.12.2 Scoring Criteria: Criteria Two.

• Company Information and Relevant Experience: Complete all information in Exhibit IX, Contractor’s Qualifications Form on the company and its experience. See Section 3.12.2 Scoring Criteria: Criteria Three.

• References of Assigned Staff: Submit resumes/references for Site Superintendent and Project Manager assigned to Project. Complete Exhibit VIII, References. Respondent may also provide a narrative statement that describes, in detail, any additional qualifications. See Section 3.12.2 Scoring Criteria: Criteria Four.

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3.9 REQUIRED PROPOSAL CONTENT AND FORMAT

This section lists the information required in a Proposal submitted in response to this RFP, and exhibits required post award. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State. To electronically submit the RFP response, email the entire consolidated Proposal PDF comprising all required items to responses@thc.texas.gov. Note: Faxed Proposals will not be accepted.

• RFP Signature Page

• Exhibit I: RFP Checklist

• Exhibit II: Mandatory Proposal Price Schedule

• Exhibit III: Execution of Proposal

• Exhibit IV: Conflict of Interest Form/Disclosure Statement

• Exhibit V: Nondisclosure Agreement

• Exhibit VI: Certification Regarding Public Nature of the Proposal

• Exhibit VII: Certification Regarding Lobbying

• Exhibit VIII: References

• Exhibit IX: Contractor’s Qualification Statement

• Exhibit X: Pre-Proposal Conference Form, required per Section 3.4

• Exhibit XI: Veteran Heroes United in Business (VetHUB) Subcontracting Plan (HSP)

• Security Bid Bond, required per Section 3.61

• Acknowledgment of Addenda (if applicable)

• Subcontractor Acknowledgment(s)3

• Project Plan, Approach, and Narrative (See Section 3.8)

• Respondent Exceptions – If a Respondent takes exceptions to any provisions of this RFP, the exception(s) must be specifically and clearly identified by Section in Respondent’s RFP Proposal response and must also provide a proposed alternative. Respondents cannot take a ‘blanket exception’ to this entire RFP. If any

Respondent takes a ‘blanket exception’ to the entire RFP or does not provide proposed alternative language, the Respondent’s Proposal may be disqualified from further consideration. Any exception may result in a

Contract not being awarded.

The following Exhibits are required post award within ten (10) days of executed contract date:

• Exhibit XII: Performance Bond, required as per Section 3.5, Bonding Requirements2

• Exhibit XIII: Payment Bond, required as per Section 3.5, Bonding Requirements2

• Exhibit XIV: Contractor’s Progress Payment Affidavit, required as per Section 3.52

• Exhibit XV: Contractor’s Final Payment Affidavit, required as per Section 3.52

• Exhibit XVI: Consent of Surety Company to Final Payment, required as per Section 3.52

1 Bid Bond-Proposal Security – See Section 3.6 for details. Required with Proposal submission if value >$25K. A proposal security in the form of an original bid bond, certified check, or cashier’s check payable to the order of the Texas Historical Commission for not less than five percent (5%) of the total Proposal amount (including total of all alternate proposal items). To ensure adequate proposal security, calculate proposal security based on the highest possible monetary award. Personal checks, company checks, and cash are not acceptable as proposal security. Proposal will be rejected if proposal security is not furnished in the form specified and by the time set for Proposal receipt.

2 Payment/Performance Bonds – See Section 3.5 for details. Exhibit XII required if value >$25K; Exhibits

XII and XIII required if value >$100K. These bond exhibits required post award, not with Proposal submission.

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3 Subcontractor Acknowledgment(s) – If applicable, include a letter from any subcontractor proposed for the work in which the subcontractor agrees to work on the team. The letter should be on the subcontractor’s letterhead and explicitly acknowledge that the team member (1) agrees to the teaming arrangement, (2) agrees to the specified rate structure, (3) agrees to the terms of the proposed contract, and (4) agrees that the team member has no conflict of interest. Note: The letter must be included in the submission, not mailed under separate cover.

General Guidelines Number each of the submittal pages and include an organized, paginated table of contents corresponding to the section and pages of the submittal.

THC will not reimburse the Respondent for any cost related to its Proposal. The Respondent is responsible for any expense related to the preparation and submission of its Proposal.

Proposals will be subject to the Texas Public Information Act (PIA), as codified in Chapter 552, Texas Government Code, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. However, subject to the PIA, Respondents may protect trade secrets and confidential information from public release. Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the PIA, available in a format this is accessible by the public at no additional charge to the State.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is unacceptable and shall make the entire Proposal subject to release under the PIA. To initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be boldface type at least 14-point font.

3.10 DELIVERY OF PROPOSALS.

Electronically submit via email the consolidated PDF Proposal to:

Texas Historical Commission at responses@thc.texas.gov Subject line: Response to RFP #808-26-261292 Attn: Christi Duve

3.11 PROPOSAL SUBMISSION DEADLINE.

THC will use the email receipt date and time stamp as the date/time when the emailed Proposal is received at THC in Austin (not when the Respondent sent the email). Proposals must be received by the date/time specified in Section 3.1 Schedule of Events. THC reserves the right to reject late submittals.

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3.12 PROPOSAL SCORING, EVALUATION, AND AWARD.

3.12.1 Award. THC will award a Contract to a Respondent(s) whose Proposal best serves the project needs, according to the proposal criteria listed in Sections 1.1.12 and 3.12.2, and which provides best value to the State, as described in Section 3.13.

3.12.2 Scoring Criteria. Respondents must carefully read the information contained in the following criteria and submit a complete response to all questions in this Section. Incomplete responses may be considered nonresponsive and subject to rejection. The evaluation committee will determine the best value by applying the following criteria and assigned weighted values:

Criteria Number Criteria Description Weight

One Project Plan 30%

Two Price Proposal Schedule 20%

Three Respondent’s Comparable Experience relevant to this project 30%

Four Respondent’s Assigned Staff Qualifications and References 20%

• Criteria One – Project Plan (30%): Attach a project plan to provide the goods and services within the proposed timeline. Detail the approach to meet the requirements of the Statement of Work as specified in

Section II.

• Criteria Two – Price Proposal (20%): Use Exhibit II Contractor’s Price Schedule to provide pricing for all items indicated on the form. The highest point value in this criterion will be awarded to the lowest price.

• Criteria Three – Respondent’s Comparable Experience (30%): Use Exhibit IX Contractor’s

Qualification Statement form attached herein to describe a minimum of five (5) and a maximum of six (6) projects your company has completed, or at least 80% complete, within the past five (5) years.

This is to demonstrate your company’s capability to perform the work. List the projects in order of relevance, with the projects that best demonstrate your ability to complete this project listed first. For each project, provide all information requested on the form. If certain information is not applicable for a particular project (like a project that did not have an architect or engineer) note “N/A” in that box.

• Criteria Four – Respondent’s Assigned Staff Qualifications and References (20%): Use Exhibit VIII

References to include a minimum of three (3) and maximum of six (6) references from clients for whom similar services were rendered or goods were delivered. Include project description, contact names, position, company name and phone number for each reference listed. The Evaluation Committee, at its discretion, may follow up on references provided. Negative responses or inability to contact listed references using a Proposal’s information will be considered nonresponsive and may be grounds for disqualification.

Also, provide resumes for those assigned to the project, specifically the Project Manager (the primary point of contact at the Respondent’s main office) and the Site Superintendent (the person onsite full-time for the project’s duration). Resumes may be provided for other staff who will be assigned to other project roles, but clearly identify those of the Project Manager and Site Superintendent roles. Failure to do so may affect a

Respondent’s score. By submitting this information, the Respondent certifies that the named staff will be assigned to the project. No substitutions will be permitted without advance THC approval.

3.12.3 THC Committee. An Evaluation Committee will be established to evaluate the Proposals. This committee will include THC employees and others THC invites to participate. THC reserves the right to award a Contract without any negotiations and reserves the right to not make awards. The Evaluation Committee will determine best value by applying the above criteria and assigned weighted values.

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3.13 BEST VALUE FACTORS AND OTHER MEASURES.

3.13.1 Best Value to the State. THC will award a Contract to a Respondent(s) whose Proposal best meets project’s previously defined criteria and is considered to provide best value to the State of Texas, as defined by Texas Government Code § 2155.074. THC reserves the right to award Contract(s) to one or more Respondents. THC makes its award depending on what best serves the project needs.

3.13.2 Best Value Factors. In determining the best value, THC shall consider the following best value factors:

• Item price, to include total cost of ownership, such as installation costs, lifecycle costs, and warranty provisions.

• Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds customer expectations, and the characteristics of the product or services that bear on its ability to meet the stated/implied needs.

• Delivery terms and time frame from receipt of purchase order (PO).

• Probable performance indicators under the Contract, including past vendor performance, financial resources, and ability to perform, vendor experience or demonstrated capability and responsibility, references, and the vendor’s ability to provide reliable maintenance agreements and support.

• Other relevant factors, such as the vendor’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

3.13.3 Best and Final Offers. The Evaluation Committee will determine if Best and Final Offers (BAFO) are needed. A Contract award may be made witutBAFOs. THC may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the Evaluation Committee related to their Proposals. A BAFO request is at the sole discretion of THC and will be extended in writing.

3.13.4 Evaluation Criteria. Proposal evaluation will be based on the previously listed four (4) sets of criteria:

Project Plan, Price Proposal Schedule, Respondent’s Comparable Experience (relevant to this project), and Respondent’s Assigned Staff Qualifications. Each of the criteria will be scored separately. THC will grant its award, depending on what best serves the needs of the project. See previous Section 3.12.

3.13.5 Past Performance. Points may be deducted based upon internal evaluations or other evidence of unsatisfactory past performance on THC contracts of the proposer or the proposer’s team. The Respondent(s) deemed to be the best value will be awarded a Contract. See below Section 3.14.

3.13.6 Tie Breakers. The following preferences are used in breaking tied Proposals in accordance with current statutes: Texas Government Code §§ 2155.444, 2155.441, and 2156.010.

3.13.7 Cost to the State. Cost to the State of overall…