ESBD_529530_1781907795891_Request for Proposal Document.docx

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

REQUEST FOR PROPOSALS

REGISTERED ACCESSIBILITY SPECIALIST SERVICES

RFP #0008984

Dated: June 18, 2026

Proposal Due Date: July 24, 2026, 3:00 PM Rev. 06.02.2026

Table of Contents

RFP 0008984

Registered Accessibility Specialist Services

1)

2) SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting responses to this Request for Proposal for the provision of registered accessibility specialist (RAS) services to perform the following for TFC projects.

a) Register qualifying projects with the Texas Department of Licensing and Regulation (TDLR);

b) Conducting plan reviews on construction documents generating a report indicating deficiencies;

c) Conducting a site inspection and generating a report indicating deficiencies;

d) And when required, filing a variance assembled by TFC to TDLR.

e) TFC anticipates award to one or more vendors from this solicitation.

3) NO GUARANTEE OF SERVICE: No work is guaranteed under this contract. The size, quantity, and duration of project(s) assigned to the successful RAS will vary depending on the number and types of projects requested by TFC’s client agencies.

4) CONTRACT TERM: This service shall be for a period beginning on the date the contract, as defined below, is executed by both parties, and shall expire on August 31, 2026. The contract may be renewed for four (4) more additional one (1) year periods, provided the renewal is executed prior to expiration of the current contract term. Any renewals shall be in writing and at the same terms and conditions, plus any approved changes.

5) FUNDING CLAUSE: 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 Services Contract shall apply.

6) AGENCY POINTS OF CONTACT: The contacts listed below shall be the sole points-of-contact during the solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification.

a) Primary:

i) Purchaser Name: Heather Goll, CTCD, CTCM

ii) Purchaser Phone: 512-463-1874

iii) Purchaser Email: heather.goll@tfc.texas.gov

b) Secondary:

i) Purchaser Name: Rico Gamino, CTCD, CTCM

ii) Purchaser Phone: 512-936-3567

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

7) DEFINITIONS: The following definitions apply to this Request for Proposal (RFP):

8) SCHEDULE OF EVENTS: TFC reserves the right to change the dates in the Schedule of Events set forth below upon written notification to prospective Respondents through a posting of an addendum on the ESBD.

a) The solicitation process for this RFP will proceed according to the following schedule:

9) PROPOSAL REQUIREMENTS:

a) SUBMISSION REQUIREMENTS:

i) 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). Proposals shall be uploaded 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 RFP.

ii) Required Documents: Respondents shall submit documentation through the OpenGov portal. Requested documentation includes:

(1) Package 1 – Required Documentation:

(a) Attachment B – Execution of Proposal

(b) Litigation History

(2) Package 2 – Scored Evaluation Materials:

(a) Relevant Experience and Qualifications

(b) Attachment F – Contractor’s Qualifications Form

(c) Proposed Methodology, and

(d) Quality Control and Safety Programs

(3) Package 3 – Compensation and Fees

(a) Attachment D – Compensation and Fees

iii) File Format: File format shall be as indicated in Attachment I – OpenGov Submission Instructions.

iv) File Organization: Package pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal.

v) COSTS: Respondents to this RFP are responsible for all costs of proposal and interview preparation and delivery costs.

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

c) CONTENTS: Below is a summary of required information. Proposals submitted 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. Proposals that fail to submit the Attachment B – Execution of Proposal, Attachment D – Compensation and Fees, or Attachment F – Contractor’s Qualification Form shall be disqualified.

i) RELEVANT EXPERIENCE AND QUALIFICATIONS: <25 pts>

(1) Relevant Experience:

(a) Complete and submit Attachment F – Contractor’s Qualifications Form.

(b) Provide copy of RAS license issued by TDLR.

ii) PROPOSED METHODOLOGY: <20 pts.> Provide a detailed plan outlining the processes of implementation regarding the requirements of the contract. This shall include, but not be limited to:

(1) Complete and submit Attachment F – Contractor’s Qualifications Form.

(2) Sample Plan Review.

(3) Sample Site Inspection Report.

iii) QUALITY & SAFETY PROGRAM: <5 pts.>

(1) Complete and submit Attachment F – Contractor’s Qualifications Form.

iv) ATTACHMENT D - COMPENSATION AND FEES: <50 pts.> Submit pricing on the Attachment D – Compensation and Fees. Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered and may be cause for rejection of the proposal, at the full and sole discretion of TFC.

v) ATTACHMENT B - EXECUTION OF PROPOSAL: The Attachment B – Execution of Proposal shall be completed as directed, signed by the individual or an authorized agent of the business entity submitting the proposal, and returned with the proposal. Failure to sign where indicated will result in disqualification of proposal.

vi) ATTACHMENT C - AP 152 FORM: Respondent should complete and return with the proposal.

vii) ADDENDA ACKNOWLEDGEMENT: Receipt of each addenda to this RFP shall be acknowledged within the OpenGov portal. It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to submitting a response. Respondent’s failure to periodically check online will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

viii) REFERENCES: <Pass/Fail> Include a minimum of three (3) references from clients for whom similar services were performed or products were provided. Include project description, contact names, position, and company name, telephone number, and email address for each reference listed. Submit your references on the Attachment F – Contractor’s Qualification Form.

ix) LITIGATION: <Pass/Fail>

(1) Provide details of all past or pending litigation or administrative claims involving Respondent within the past five years. If there is no litigation history, provide a statement on letterhead stating no litigation history. Failure to provide this information may be grounds for disqualification.

(2) Respondents involved in litigation with owners, subcontractors, or A/Es, depending upon the circumstances, may be disqualified.

x) INSURANCE: The insurance requirements, located in the Attachment A, shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the proposal, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements. Questions regarding insurance can directed to TFC's Insurance Analyst at insurance@tfc.texas.gov.

i) HUB SUBCONTRACTING PLAN: 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), 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 (OBO) Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with 34 TAC § 20.284.

Statement of Probability: TFC has determined that subcontracting opportunities are not probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan is not required as part of the Respondent’s Proposal.

10) QUESTIONS:

a) All questions shall be submitted through OpenGov portal or emailed to the Agency Points of Contact identified above by the date and time specified in the Schedule of Events.

b) All questions submitted by email shall be in an editable format, i.e. Microsoft Word, or typed in an email, as opposed to an un-editable format such as a picture or scanned document.

c) All questions will result in responses posted to OpenGov portal and ESBD.

d) It is the responsibility of the interested parties to periodically check online for updates to the solicitation prior to submitting a proposal. Respondent’s failure to periodically check the ESBD or OpenGov portal for addenda will in no way release the respondent from any obligations detailed in the addenda. Any additional costs incurred to meet the requirements of the RFP are the sole responsibility of each respondent.

e) Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of TFC 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.

11) PROPOSAL SUBMISSION:

a) Proposals shall be uploaded to OpenGov portal prior to 3:00 PM on the date specified in the Schedule of Events above.

b) Telephone, facsimile, and email proposals are not acceptable responses to the RFP.

c) 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 proposal non-responsive or late.

d) TFC will not consider any exceptions or requests for modification to the proposed Contract that are submitted after the date and time for submission of Respondents’ proposals. Exceptions 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.

12) PROPOSAL OPENING:

a) Names of Respondents are available on OpenGov portal by clicking on the “Followers” tab. There will be no public opening for this RFP.

b) All submitted proposals become the property of TFC after the RFP submittal deadline date.

c) Proposals submitted shall constitute an offer for a period of ninety (90) days or until award is made by TFC, whichever occurs earlier.

13) PROPOSAL EVALUATION AND AWARD:

a) TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP.

b) When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in subsection (d) below.

c) TFC also reserves the right to solicit any service that would normally be performed using this contract if it deems that by doing so would be in the best interest of the State of Texas.

d) An evaluation committee will be established to evaluate the submitted proposals. The committee will include employees of TFC and may include other people invited by TFC to participate. By submitting a proposal in response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the proposals may involve some subjective judgments by the evaluation committee. The evaluation committee will evaluate and score each proposal based upon the following criteria:

e) The evaluation committee will determine if BAFOs are necessary. Award of the contract may be made without BAFOs. Respondents are encouraged to provide their best pricing in the initial response. A request for a BAFO is at the sole discretion of TFC and will be extended in writing.

f) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past performance of a Respondent including, but not limited to, CPA’s 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. In addition, Respondents involved in litigation with TFC or another State agency may be disqualified.

g) Based on ranking determined by the scores, TFC may conduct negotiations, interviews and/or oral presentations with those Respondents determined to be the most qualified. Such interviews are intended to:

i) Confirm the information contained in the proposal

ii) Evaluate Respondent’s methodology and work plan for the service

iii) Evaluate the structure of contract team including qualifications of individual team members and other subcontractors

iv) Scoring of the interview may replace part or all of the scoring of the proposal

v) An agenda will be provided with what is expected from Respondents at the interview

h) Based on these and other factors which may apply, TFC in accordance with the TGC, Section 2156.121, will enter into a contract with the Respondent(s) that is determined to be most appropriate for the services to be provided, but if an agreement cannot be reached, may proceed with the next ranked Respondent, and so on as provided by statute.

i) TFC reserves the right to award or not award the contract if no responses are deemed acceptable and may re-solicit as determined necessary in the best interest of the State of Texas.

j) Right to Audit: The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the State Auditor’ Office, TFC, or any successor agency, to conduct an audit or investigation in connection with those funds. 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.

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

l) Protests: Protests filed in accordance with this solicitation 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.

m) 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:

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

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

iii) character, responsibility, and integrity

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

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

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

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

n) Order Precedence: In the event of conflicts or inconsistencies between the Contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Signed Contract, Attachments to the Contract, Request for Proposal, and Respondent’s response to Request for Proposal.

RFP 0008984

Registered Accessibility Specialist Services

ATTACHMENT A - TFC STANDARD TERMS AND CONDITIONS

Services performed under award of this solicitation shall be conducted in accordance TFC Standard Terms and Conditions available for viewing at the following link:

https://www.tfc.texas.gov/sb20/

Any exceptions to the terms and conditions must be submitted with proposal for review.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT B - EXECUTION OF PROPOSAL

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS WHICH DO NOT INCLUDE THIS COMPLETED AND SIGNED ATTACHMENT SHALL BE DISQUALIFIED. THE PROPOSAL SHALL BE DISQUALIFIED IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

Legal Entity Name:

Address:

City, State, Zip:

RESPONDENT AFFIRMATIONS:

1. Having carefully examined the RFP, the Contract, and all other Attachments, Respondent hereby proposes to furnish all labor, materials, and equipment necessary to complete the work in the amounts proposed in Attachment D - Compensation and Fees.

2. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Contract and obtain and furnish the required insurance certificates 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 disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

3. 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.

4. 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.

5. Dealings with Public Servants Affirmation: 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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).

16. Deceptive Trade 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.

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

18. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

19. Texas Corporate Franchise Tax Certification: Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

20. Computer Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

21. Television Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of covered television equipment, then Respondent certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

22. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

23. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

24. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

25. Excluded Parties: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

26. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at http://www.sam.gov. Prior to awarding state funds for goods and/or services rendered, TFC will conduct a required search of your firm using the Federal System for Award Management (SAM). This is a Federal government-maintained database that records and tracks organizations either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list.

27. E-Verify Program: Respondent certifies that for contracts for services, Respondent shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

28. Excess Obligations Prohibited: Respondent understands that all obligations of TFC under the contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the contract may be terminated by TFC.

29. Child Support Obligation Affirmation: Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006 of the Texas Family Code, must include in the Response the names of each person with at least 25% ownership of the business entity submitting the Response. If selected for award, Respondent shall provide TFC Procurement the Social Security number(s) of the individual(s) listed below.

Firm Owner(s), Partners, Sole Proprietors, Share Holder(s) of twenty-five percent (25%) interest or more:

Name:

Name:

Name:

Name:

30. Entities that Boycott Israel: Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

31. Damage to Government Property: In the event of loss, destruction or damage to any TFC or State of Texas property by Respondent or Respondent’s employees, agents, subcontractors, and suppliers, Respondent shall be liable to TFC and the State of Texas the full cost of repair, reconstruction or replacement of the lost, destroyed or damaged property. Respondent will reimburse TFC and the State of Texas for such property damage within ten (10) calendar days after Respondent’s receipt of TFC’s notice of amount due.

32. Change in Law and Compliance with Laws: Respondent shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Agency reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for Agency’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines.

33. No Conflicts of Interest: Respondent has disclosed in writing to TFC all existing or potential conflicts of interest relative to the performance of the contract. Any existing or potential conflicts of interest shall be disclosed and attached to this Execution of Proposal.

34. COVID-19 Vaccine Passport Prohibition: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

35. Energy Company Boycotts: If Respondent is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

36. Firearm Entities and Trade Associations Discrimination: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required.

37. Executive Order GA-48: Respondent certifies that neither it, nor its holding companies or subsidiaries, is:

a. Listed in Section 889 of the 2019 National Defense Authorization Act;

b. Listed in Section 1260H of the 2021 National Defense Authorization Act; or

c. Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

38. Terms and Conditions Attached to Response: Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

39. Vendor Contact Information: Respondent shall provide the contact information (including name, address, phone number and email address) of the individual who will be the Vendor Point-of-Contact.

Email Address:

40.

42. Signature Authority: By submitting the Response, Respondent represents and warrants that the individual submitting this document and the documents made part of this Response is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of this Response.

RESPECTFULLY SUBMITTED:

Authorized Signature:

Printed Name and Title:

Telephone:

Email Address:

Respondent’s Corporate Charter No.:

Federal EIN #:

If a corporation, attach a corporation resolution or other official corporate documentation, which states that the person signing this proposal is an authorized person to sign for and legally bind the corporation.

ATTACHMENT C – AP 152 FORM

(Posted on OpenGov and the ESBD)

ATTACHMENT D - COMPENSATION AND FEES

Respondent Name: __________________________________

Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered for evaluation, and may be cause for rejection of the proposal, at the full and sole discretion of TFC. All materials and labor must be accounted for in the pricing submitted below. All RAS services shall be performed as per current Texas Accessibility Standards.

1. Fee for Project Registration to TDLR: $___________ Project registration fee costs shall include the $175 TDLR required fees. Awarded Contractor must pay this fee and will be reimbursed. Price will increase in accordance with any changes in TDLR fees.

2. Fee for Variance Filing to TDLR: $___________ Variance filing fee costs shall include the $175 TDLR required fees. Awarded Contractor must pay this fee and will be reimbursed. Price will increase in accordance with any changes in TDLR fees.

3. Plan Review and Inspection Costs: Complete the table below for proposed fees for Plan Review and Inspection. In the first column, list the estimated project cost range and the associated fees for review and inspection.

EXAMPLE:

PROPOSED REVIEW AND INSPECTION COSTS:

$50,000 -

<Continued on next page>

4. Additional Fees: On the table below, list any additional fees or charges for services. No additional fees or charges shall be permitted after award.

ATTACHMENT E - RESERVED

ATTACHMENT F - CONTRACTOR’S QUALIFICATIONS FORM

Failure to return the Attachment F – Contractor’s Qualifications Form or to complete the form in its entirety is grounds for disqualification.

COMPANY INFORMATION: <PASS/FAIL>

Company Name:

Federal EIN Number:

Ownership Information:

Company Description:

Company History:

Company Address:

Geographic Limits of Operations:

Number of Years in Business:

Primary Point of Contact Name:

Contact Office Number:

Contact Mobile Number:

Contact Email:

FINANCIAL HISTORY

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years; (Yes or No, provide explanation)

Indicate if your firm is currently in default on any loan agreement or financial agreement institution, or other entity. If so, specify date(s), details, circumstances, and prospect resolution.

Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity. If so, explain the impact both in organization and company direction.

Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years. If so, why.

Indicate if your company has had a contract terminated for default or convenience within the past five years. Yes or No. If yes, provide explanation

RELEVANT EXPERIENCE AND QUALIFICATIONS: <20 PTS>

Provide the name of the person who will as contract manager if awarded:

Provide the names and license information of the registered accessibility specialist who will provide RAS services if awarded:

Provide any additional certifications/qualifications/training of the individuals who will provide RAS services under this contract:

Briefly explain the experience of the team in providing RAS reviews. Provide specific names, relevant work history, types of plan reviews and site visits, and variance submission experience.

PROPOSED METHODOLOGY: <20 PTS>

Be specific in your answers. Include required format, lead time, and other submission requirements. Incomplete or unclear answers will result in a low score.

Briefly describe the process for receiving project plans for initial plan review and filing.

Briefly describe the process of submitting report back to TFC with noted deficiencies.

Briefly describe your requirements for site inspections:

Briefly describe your requirements for variance filing:

Provide sample plan review and site inspection reports:

ATTACH REPORTS TO THIS FORM.

QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM: <5 PTS>

Name of Person that Oversees Quality Control/Quality Assurance Program:

Title of Person Who Oversees Quality Control/Quality Assurance Program:

Briefly Describe the Quality Control/Quality Assurance Program. Describe how review services are verified for thoroughness and accuracy before reporting.

Briefly describe any in-place workflows to ensure timely completion of reviews and site inspections.

REFERENCES: Respondent shall submit three (3) references for which the Respondent has provided RAS services within the last three (3) years. Additional information may be submitted or attached at Respondent’s discretion to provide a detailed summary of Qualifications & Experience of similar/relevant scope.

Point of Contact:

Telephone:

Email:

Facility Name:

Facility Address:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

Point of Contact:

Telephone:

Email:

Facility Name:

Facility Address:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

Point of Contact:

Telephone:

Email:

Facility Name:

Facility Address:

Start Date of Contract:

End Date of Contract:

Description of Scope of Work:

ATTACHMENT G - CRIMINAL BACKGROUND CHECKS AND APPLICATION GUIDELINES

Available on the TFC Forms Index as document ‘5E’ https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms

Provided as reference material only. All personnel performing services on state property (onsite inspections) will be required to go through a criminal background check.

ATTACHMENT H - RESERVED

ATTACHMENT I – OPENGOV SUBMISSION INSTRUCTIONS

Receiving Electronic Proposals Only

· Submit Electronic Responses via the Texas Facilities Commission's eProcurement Portal hosted by OpenGov at https://procurement.opengov.com/portal/tfctexas

· Respondents are required to register for an account via the Texas Facilities Commission's eProcurement Portal hosted by OpenGov.

Proposal Deadline

· Proposals may be received up to but not later than the date and time specified in the Schedule of Events. The Texas Facilities Commission's eProcurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. Texas Facilities Commission strongly recommends completing your response well ahead of the deadline.

Addenda Notification and Acknowledgement

· Once the respondent has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this solicitation.

· It is the responsibility of each respondent to periodically check the site for any addenda to this RFP and acknowledge each addendum through the portal.

Proposal Opening

· All visitors to the public portal can view who has submitted a response to posted solicitations by viewing the Followers tab on the solicitation page.

· There will not be a public opening for this solicitation.

Submitting Questions and Receiving Responses

· Respondents can submit questions regarding this solicitation via the OpenGov portal up to the date specified for submitting inquiries in the Schedule of Events. Answers to questions will be posted on the OpenGov portal. Respondents who are following this solicitation will receive an email notification when answers are posted.