ESBD_528475_1789498133489_RFQ0008789 CMR for Texas Finance Commission -New Construction.docx

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

REQUEST FOR QUALIFICATIONS

FOR CONSTRUCTION MANAGER-AT-RISK

FOR

Texas Finance Commission – New Building

PROJECT #26-029-2597

RFQ #0008789

Dated: September 14, 2026

Qualifications and HUB Subcontracting Plan Due Date: October 14, 2026 at 3:00 PM

RFQ 0008789

CMR for Texas Finance Commission – New Building

Rev. 06.17.2026 Table of Contents

SECTION I - GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2269, Subchapter F, Construction Manager-at-Risk Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting qualifications for a Construction Manager-at-Risk (CMR) to provide Pre-Construction and construction management services for the Texas Finance Commission Office Building located at 3500 Jackson Ave, Austin, TX 78731, hereinafter described as TFC Project # 26-029-2597 (the Project). This Project will be administered by TFC. This procurement will be a two-step award process with a two-part work requirement.

a) Step One of the solicitation will include a submittal of company experience and qualifications focusing on projects of similar size and type. Respondents will be evaluated on experience and qualifications, as detailed in Section V, Submission Requirements.

b) Step Two of the solicitation will include only the highest ranked five or fewer Respondents from Step One who will be asked to provide pricing.

2) COST OF WORK: Respondents to the RFQ should consider the “Cost of Work” as thirty-eight million two-hundred sixty-three thousand seven hundred twenty eight dollars ($38,263,728), not including any Pre-construction Management fees, Construction Management fees, and Construction General Conditions, as part of the construction budget or the Guaranteed Maximum Price (GMP).

3) CONTRACT TERM: Construction is required to commence within thirty (30) calendar days after the Notice to Proceed for Construction is issued. For planning purposes, the pre-construction time period is estimated to be three-hundred sixty-five (365) calendar days. The construction contract period is projected for a term of three-hundred sixty-five (365) calendar days except as may be otherwise amended or negotiated.

4) FUNDING: This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the CMR Service Contract shall apply.

5) AGENCY POINTS OF CONTACT: The contacts listed below shall be the sole points of contact during this solicitation. Any discussions regarding this solicitation with other agency personnel, TFC contractors, sub-contractors or tenant agencies may be grounds for disqualification. If primary is unavailable, Respondent may reach out to the secondary contact.

a) Primary Contact

i) Purchaser Name: Monica Presson, CTCD, CTCM

ii) Purchaser Phone: 512-463-1879

iii) Purchaser Email: monica.presson@tfc.texas.gov

b) Secondary Contact

i) Purchaser Name: Bob Sonnier, CTCD, CTCM

ii) Purchaser Phone: 512-463-1861

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

6) DEFINITIONS: All words and phrases in this RFQ in initial caps shall have the meanings set out in this section. All capitalized terms not defined below used herein shall have the meaning given to them in the Uniform General Conditions or Attachment G – CMR Service Contract Template.

SECTION II - PROJECT DESCRIPTION

1) PROJECT DESCRIPTION: The project is located at Camp Hubbard, 3608 Jackson Ave, Austin, TX 78731. The scope involves the demolition of the existing Building 10 and associated surface parking. Once the demolition is complete, contractor shall construct a new three-story building totaling 63,500 square feet. In addition, the contractor shall install a new surface parking area with 230 parking spaces to support the facility.

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

3) THIRD PARTY TESTING: TFC shall provide or contract with third party for Testing and Balancing Services, RAS Review, Commissioning, and Construction Materials Testing.

SECTION III - SCOPE OF WORK

1) SERVICES: CMR services will be comprehensive, covering a wide range of essential functions critical for successful project execution. These services include engaging in early project planning and design, identifying potential challenges, and providing solutions to mitigate risks before construction begins. They will also involve accurately forecasting project costs, ensuring budget adherence, and providing financial oversight throughout the project lifecycle. Additionally, CMR services will include participating in detailed evaluations of project plans to identify and resolve potential issues, ensuring the project is feasible and cost-effective. Developing and managing complex critical path schedules will be another key aspect, as it involves creating and overseeing detailed project schedules that identify critical tasks and milestones, ensuring timely project completion. Moreover, the CMR will coordinate and manage the bidding process for various project components, ensuring competitive pricing and quality execution for each package. The number of bid packages and amendments to the Guaranteed Maximum Price (GMP) will be determined collaboratively by the Texas Facilities Commission (TFC), the Project Management Firm (PMF) which is Freese and Nichols, the Architect/Engineer (A/E), and the Construction Manager at Risk (CMR) to ensure the project scope of work is executed efficiently and within budget.

2) PART ONE – PRE-CONSTRUCTION: Collaborate with TFC, it’s Project Management Firm (PMF), it’s Architects and Engineers (A/E), third party consultants, and stakeholders during the completion of construction documents including required review and comments at each negotiated milestone prior to completion of Construction Documents. The Construction Manager at Risk (CMR) role during the design stage will be as an advisor on constructability, scheduling, construction costs and value engineering. The CMR will assist with cost estimating and various required pricing activities. The CMR shall provide accurate analysis of the cost of all systems and construction contemplated for the project. The CMR shall keep TFC, Project Management Firm (PMF), and the entire project team advised on maintaining target costs throughout the entire design phase and shall prepare detailed formal estimates of the cost of the work based on the following anticipated design packages:

· Program Verification

· Schematic Design

· Design Development

· Three or more Construction Document Bid Packages (GMPs) The Respondent’s expertise will be used to affect value engineering, establish a project schedule and ultimately determine the GMP. The services include attending meetings, consultation of plan reviews, constructability reviews, and cost estimating.

CMR will work closely with TFC to collaborate with stakeholders, Project Management Firm (PMF), project manager (Owner’s Designated Representative), Architect and Engineers, and sub-contractors during the development, completion and implementation of construction documents. CMR to include Third Party Consultants including but not limited to: construction and materials testing firm (CMT), geotechnical services, Testing, Adjusting and Balancing (TAB) firm, MEP Commissioning Authority (CxA) and Building Envelope Commissioning Authority (BECxA). Provide CMR services from pre-design through construction close-out as described in Attachment G – CMR Contract Template.

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

a) Attend and participate in all meetings with TFC, PMF, Texas Finance Commission, and A/E, to include but not be limited to construction coordination and progress meetings, stakeholder meetings, City/County and other Authorities Having Jurisdiction (AHJ) department coordination meetings, and neighborhood association meetings;

b) Develop and manage project control systems; manage compliance with insurance requirements; manage quality control and compliance programs; facilitating constructability reviews as necessary; supervising construction; preparing and reviewing testing, commissioning and other reports, preparing and reviewing standards and manuals; training services; and effectively monitoring and managing project risks and costs;

c) Provide construction schedule coordination to minimize health and safety risks to surrounding neighborhood(s);

d) Provide all permits, barricades, street closures, and coordination with the City/County or other AHJ as required to complete the Project;

e) Provide fencing for Project site and contractor staging areas, traffic control personnel to direct traffic, and covered pedestrian walkways, as necessary;

f) Provide coordination with TFC, PMF, A/E, and TFC consultants for inspections and testing required to complete the Project and to obtain available energy rebates;

g) Submit, maintain, and archive all TFC required documentation through TFC’s electronic project management control system;

h) Provide video recording of training to TFC personnel on the operation and maintenance of all new equipment and systems delivered in the Project;

i) Provide warranty management for one year following the date of the Letter of Substantial Completion, including inspections and documentation, as necessary, and a site walk prior to the expiration of the warranty period.

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

a) Respondents planning to subcontract all or a portion of the work shall identify the proposed subcontractors on the Attachment D – VetHUB Subcontracting Plan.

b) Subcontracting shall be at the Respondent’s expense.

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

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

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

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

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

Mandatory Pre-Submittal Teleconferences 1st Pre-Submittal Conference

OR

2nd Pre-Submittal Conference

9/29/2026, 10:00 AM

OR

9/30/2026, 10:00 AM

If interviews are NOT required by TFC

If interviews are required by TFC

2) MANDATORY PRE-SUBMITTAL TELECONFERENCES: Mandatory pre-submittal teleconferences will be held on Tuesday, September 29, 2026 at 10:00 AM and Wednesday, September 30, 2026 at 10:00 AM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one (1) of the two (2) pre-submittal conferences. TFC shall reject qualifications submitted by firms that did not attend one of the mandatory pre-submittal conferences.

3) Pre-Registration is required.

Register in advance for the Tuesday, September 29th meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/5vpEJ-2QSWKpW1tOpemDSw

Register in advance for the Wednesday, September 30th meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/PuIP73IuQgm2oGRP7hYsOg

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

4) MANDATORY SITE VISIT (for short-listed firms): The mandatory site visit will only be available for the short-listed firms to attend. The site visit will be held on Tuesday, November 3, at 10:00 AM. Firms shall meet on the sidewalk in front of the building entrance. The building is located at 3500 Jackson Ave, Austin, TX 78731in the Camp Hubbard Complex. Firms shall be responsible for finding their own parking.

SECTION V - SUBMISSION REQUIREMENTS:

1) Electronic Submission: TFC is using the OpenGov electronic procurement system to receive responses. Respondents interested in submitting a response must register for an OpenGov account (No Charge). Submittals shall be submitted per the instructions in Attachment I – OpenGov Submission Instructions prior to 3:00 PM on the date specified in the Schedule of Events. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFQ.

2) STEP ONE REQUIRED DOCUMENTS: The initial submittal is of qualifications only. Respondents shall submit documentation through the OpenGov portal link as specified in Attachment I – OpenGov Submission Instructions. Requested documentation includes:

A. Package 1: Required Documentation:

1) Attachment A – Execution of Submittal

2) Acknowledgement of Addenda

3) Copy of Original Bid Bond B. Package 2: Subcontracting Plan:

1) Attachment D – Subcontracting Plan

2) Backup documentation of Good Faith Effort, as applicable C. Package 3: Scored Documentation:

1) Relevant Experience and Qualifications

2) Methodology

3) Quality/Safety Programs & Safety Record, and

4) Litigation History D. Organization: Package pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

E. File format: File format shall be as indicated in Attachment I – OpenGov Submission Instructions.

3) STEP TWO REQUIRED DOCUMENTS: For the five or fewer Respondents chosen from Step One, Respondent shall submit the following:

A. Attachment B - CMR Proposal Form B. Attachment F - Non-Collusion Affidavit

4) SUBMITTAL COSTS: Respondents to this RFQ are responsible for all costs of submittal and interview preparation and delivery costs.

5) PUBLIC INFORMATION: TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Do not mark your entire proposal as “CONFIDENTIAL”.

6) STEP ONE CONTENTS: Below is a summary of required information. Submittals without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment A – Execution of Submittal, the Attachment C - CMR Qualification Form, Attachment D – HUB Subcontracting Plan, and the Bid Bond shall be returned with the response. Failure to do so shall result in disqualification.

A. Relevant Experience and Qualifications: <30 pts.>

1) Relevant Experience:

a. Complete and submit the Attachment C - CMR Qualification Form.

b. Attachments to the Attachment C – CMR Qualification Form;

(1) Organization Structure

(2) Supplemental Narrative

(3) Letter of Intent from Surety

(4) Reference Letters

(5) Construction Photographs

(6) Certificate of Authority (only if an out-of-state contractor)

(7) Example Change Tracking Log

(8) Example Design Review Log

(9) Example Cost Estimates

c. Respondent should also provide free-form narrative that describes in detail any qualifications and other projects not enumerated on Attachment C - CMR Qualification Form.

b) Proposed Methodology: <40 pts.>

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

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

b. Methodologies for identification and resolution of project challenges:

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

d. Developing and Maintaining budgets; Approach to Change Orders during Construction

e. Developing and Maintaining schedules; Approach to Recovery Schedules

f. Project Controls and Material Tracking

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

h. Conflict Resolution and Project Closeout

c) Quality Control Program & Safety Program: <10 pts.>

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

2) Quality Control: Vendor shall describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule. TFC reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

3) Safety Program and Safety Record:

a. Safety Program:

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

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

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

b. Contractor’s Safety Record:

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

d) Litigation: <Pass/Fail>

1) Provide details of all past or pending litigation or administrative claims involving Respondent within the past five (5) years. Failure to provide this information may be grounds for disqualification.

2) Respondents involved in litigation with owners, subcontractors, or A/E firms, depending upon the circumstances, may be disqualified at the full and sole discretion of TFC.

e) Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal with the response shall result in rejection of the response.

f) Addenda Acknowledgment: Receipt of all addenda to this RFQ should be acknowledged by checking each addendum in the OpenGov portal. Any amendment to this procurement solicitation will be posted as an addendum on the ESBD and OpenGov. It is the responsibility of interested parties to periodically check online for updates to the solicitation prior to solicitation submittal. Respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFQ.

g) Bid Bond:

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

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

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

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

i) Subcontracting Plan:

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

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

3) As mandated by 34 TAC § 20.285 Respondents must submit an SP that identifies all subcontracting items and complies with good faith effort requirements.

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

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

6) If TFC determines that the Respondent failed to implement the SP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (h) (3).

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

8) The initial SP submitted in response to this RFQ solely addresses the Part One Pre-Construction collaborative phase of the scope of work. The awarded Respondent must submit a revised SP, documenting the required Good Faith Effort (GFE) outreach to potential subcontractors to determine GMP. The TFC HUB program must approve the revised GMP SP before issuing a Notice to Proceed for Part Two Construction.

9) If assistance is needed in preparing the Subcontracting Plan, potential Respondents may contact the Office of Business Opportunities Division by email at opportunities@tfc.texas.gov.

10) Prior to soliciting bids in preparation for GMP, the CMR shall coordinate with the Office of Business Opportunities to schedule a “Meet the Prime” event in order to promote outreach to VetHUBs for subcontracting opportunities.

11) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.285(h) and 20.285(g), TFC administers SP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

2) STEP TWO CONTENTS: Step Two only applies to the five or fewer Respondents chosen from the Step One qualification evaluation. Below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment B – CMR Proposal Form and the Attachment F – Non-Collusion Affidavit shall be submitted upon request; failure to do so shall result in disqualification.

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

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

a. A Pre-Construction Management Not-to-Exceed fee for collaboration with TFC and its A/E during the pre-construction phase described in Section III Scope of Work, Part One. This will be negotiated with top ranked Respondent after evaluation of proposal and interviews.

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

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

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

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

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

2) Construction Time: Construction time is estimated at three-hundred sixty-five (365) calendar days.

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

b) Attachment F - Non-Collusion Affidavit: The Attachment F – Non-Collusion Affidavit must be enclosed with the proposal. The Attachment F – Non-Collusion Affidavit form can be obtained electronically at the following link, ‘Forms Index’, Document #3, https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms

3) INQUIRIES:

a) All inquiries shall be submitted through OpenGov portal or emailed to the Agency Points of Contact identified above.

b) All inquiries will result in responses posted to OpenGov Portal and ESBD.

c) Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

d) Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFQ with any potential vendor or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for conducting business unrelated to this solicitation.

SECTION VI – SUBMITTAL SUBMISSION

1) Submittals shall be submitted through the OpenGov portal by 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the portal.

2) Follow the submittal instructions specified in the Attachment I – OpenGov Submission Instructions.

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

4) Respondents having difficulty using the online system should be addressed through OpenGov support. If unable to upload the documents to the OpenGov Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

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

SECTION VII - EVALUATION AND AWARD

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

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

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

a) One hour is allocated for the interview.

b) Attendance by team members assigned to the Project to represent themselves as to their relevant experience and proposed involvement in the Project. Interview must be led by the identified project manager for the project.

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

4) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.254 (b), (c). If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent in order of scoring until an agreement is reached, no qualified Respondents remaining, or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

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

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

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

8) PROTESTS: Protests shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

9) RISK OF NON-PERFORMANCE: TFC may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

a) ability, capacity, and skill to perform the contract or provide the service required

b) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference

c) character, responsibility, and integrity

d) current compliance with laws relating to the contract or service

e) sufficient financial resources to perform the contract and provide the service, and

f) conformity to all material specifications required in this Solicitation.

g) TFC may consider any source of information it deems reliable.

10) ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Amendments to the Contract, 2) Signed Contract, 3) Request for Qualifications, and 4) Respondent’s Response to Request for Qualifications.

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RFQ 0008789

CMR for Texas Finance Commission – New Building

ATTACHMENT A - EXECUTION OF SUBMITTAL

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

By signature hereon, the Respondent certifies that:

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

2. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

3. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

4. Dealings with Public Servants Affirmation: Contractor certifies that it will comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; and (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

5. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

6. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

7. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

8. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

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

10. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

11. Foreign Terrorist Organizations: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

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

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

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

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

16. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the…