Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Steve Pier, Executive Director

Request for Proposal (RFP)

For

Kitchen Cooler Remediation

Solicitation No. 3202600220

Date of Release: June 30, 2026

Responses Due: July 17, 2026, by 10:00 a.m. Central Time

936-67: Heating, Air Conditioning, and Ventilation Maintenance, Repair and Installation Services

225-40: Coolers, Storage Type, Remote Refrigeration Unit, Including Parts and Accessories

910-66: Roofing, gutters and downspouts maintenance and repair services 914-73: Roofing and siding

Sole Point of Contact for this RFP

Fred Warner, CTCD

Procurement Lead

Texas Workforce Commission https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

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TABLE OF CONTENTS

TABLE OF CONTENTS

DEFINITIONS

Article I Purpose

Article II Scope of Work

2.1 Overview

2.2 Specifications

2.3 Deliverables

2.4 Deliverables Acceptance Criteria

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.6 Addenda

Article IV Response Submission Instructions

4.1 Deadline

4.2 General Information

4.3 Response Format

4.4 Discrepancies

4.5 Submission Method

4.6 Requirements Submission

4.7 Narrative Proposal

4.8 Project Milestone Schedule

4.9 Past Project Performance

4.10 Cost Response

4.11 Offered Options

4.12 Financial Soundness

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4.13 Corporate Guarantee

4.14 Exceptions

4.15 Binding Offer

4.16 Franchise Tax – Right to Transact Business in Texas

4.17 Ambiguity, Conflict, or Discrepancy

4.18 Response Irrevocability

4.19 Questions or Requests for Clarification

4.20 Cost of Submission and Additional Evaluation Activities

4.21 TWC Rights

Article V Evaluation and Award

5.1 Conformance With State Law

5.2 Minimum Qualifications (Pass/Fail)

5.3 Initial Compliance Screening

5.4 Response Evaluation

5.5 Evaluation Criteria

5.6 Competitive Range

5.7 Discussions and Revised Responses

5.8 Best and Final Offer (BAFO)

5.9 Final Response Score and Total Score

5.10 Summary of Best Value Determination

5.11 Public Information Act

Article VI General Terms and Conditions

6.1 Contract Award

6.2 Contract Term

6.3 Price Adjustment

6.4 Contract Amendments

6.5 No Guarantee of Volumes, Usage, or Compensation

6.6 Governmental Entities

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

6.9 Remedies

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6.10 Liquidated Damages

6.11 Changes in Ownership

6.12 Severability

6.13 Bonds

6.14 Retainage

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DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

Table 1: Definitions

Term/Acronym Definition

Addendum A written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

Additional Evaluation Activities

Include Oral Presentations, Clarifications, Discussions, Proofs of Concept, Demonstrations, and/or Site Visits. These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Responses. These activities may be scored, as indicated in RFP Section 5.7 Discussions and Revised Responses.

BAFO Best and Final Offer.

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Business Day The day and hours (Monday through Friday, 7 a.m.

to 6:00 p.m. Local Time) in which TWC is open for business.

TWC is closed for business on the scheduled holidays indicated by the State Auditor’s Office available at https://hr.sao.texas.gov/holidays/.

The terms “Working Day” and “Business Day” may be used interchangeably. All uncapitalized references to “day” shall mean calendar day.

Competitive Range

Consists of the Responses that have a reasonable chance of being selected for award based on the evaluation criteria and the best value criteria as stated in this Solicitation.

Contract Means the written agreement entered into by TWC and Successful Respondent, which will incorporate the contents of this Solicitation and the Successful Respondent’s Response, except as may be provided in the Contract and any amendments thereto.

Contract Term Means the definite period of time that the Contract will remain in effect.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

ESBD The Electronic State Business Daily. An online platform administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts (CPA). The ESBD may be accessed as http://www.txsmartbuy.com/esbd.

Final Written Response Score

Refers to the final scoring of the Solicitation based on the Scoring Matrix published in the Solicitation.

https://hr.sao.texas.gov/holidays/ http://www.txsmartbuy.com/esbd

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Fiscal Year (FY) Texas State Fiscal Year, September 1 through August 31.

HSP VetHUB Subcontracting Plan. Written documentation regarding the use of subcontractors, which is required to be submitted with all solicitations for state agency contracts with an expected value of $100,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

Local Time Central Standard Time (CST) or Central Daylight Time (CDT), as is then prevailing in Austin, Texas.

NIGP National Institute of Governmental Purchasing.

Offered Option Options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Response. A Respondent is not obligated to include an Offered Option in its Response. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing of acquisition of Offered Options and Offered Options are not considered during evaluation of Responses.

PS Procurement Services, a section within TWC.

PO Purchase Order.

POA&M Plan of Action and Milestones.

POCN Purchase Order Change Notice.

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Respondent The individual or entity that submits a Response to this Solicitation. The term includes anyone acting on behalf of the individual or entity that submits a Response, such as an agent, employee, and representative. Also referred to a “Vendor.”

Response A Respondent’s response to this Solicitation.

RFP Request for Proposal. A formal solicitation document issued by TWC to the vendor community requesting a response for goods or services. (This document.)

Solicitation This RFP, including all exhibits, attachments, forms, and Addenda, if any. May include Requests for Revised Proposals (RFRP) or Best and Final Offer (BAFO) RFPs, if issued.

State The State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

Subcontractor Any entity(ies) or person(s) providing goods or services under the Contract on Respondent’s behalf, whether or not the entity(ies) or person(s) has/have a written agreement with the Respondent. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

Successful Respondent

The Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

Total Score The Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

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TWC Texas Workforce Commission.

VetHUB Veteran Heroes United in Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

VPTS Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509. The VPTS is available at:

https://www.txsmartbuy.gov/vpts.

https://www.txsmartbuy.gov/vpts

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ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) Procurement Services (PS) section will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from Respondents, as well as managing the receipt of Responses for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

TWC is procuring removal and installation services for the large kitchen walk-in cooler portion of this project that requires replacement of existing single compressor with a 2-stage compressor set on the roof above the cooler.

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW

Respondents must provide a detailed response package that demonstrates their construction expertise and ability to provide TWC with the best value contract to complete removal of existing refrigeration single compressor and replace with a 2-stage compressor for the kitchen walk-in cooler.

Response must include all attachments and information as required in this

RFP.

Respondent must affirm its intent to comply with the requirements as stated in this Article II, Scope of Work, and affirm that it will continue to comply with these requirements during the term of the Contract issued as a result of this Solicitation, if any.

2.2 SPECIFICATIONS

a. Successful Respondent must provide all labor, materials, insurance, equipment and supervision required.

b. Scope of work includes the removal of existing refrigeration single compressor and replace with a 2 -stage compressor for the kitchen walk in cooler. Additional scope will include modification to existing roof curb to http://www.twc.texas.gov/

RFP No. 3202600220 ver. 1 Page 11 of 43 accommodate new 2-stage equipment. Awarded contractor will need to provide the required one-year contractor warranty.

c. Work will be performed in an occupied building, at 4800 N. Lamar Blvd., Austin, Texas 78756, and must be conducted in a manner that will not cause major disruption to normal operations. Temporary shutdown of utilities will need to have contractor notification to project manager and building operators planned and scheduled as far ahead of actual date of shutdown as possible so building operators can properly plan accordingly.

d. The full scope of work is outlined in Attachment 5: Project Drawings and Attachment 6: Project Manual. These documents contain binding project information including contractor use of site and premises.

e. Prior ACM Survey about the existence of Asbestos Containing Material has been completed in the areas of construction and testing concluded there were no detected areas of ACM in the current roofing materials.

2.3 DELIVERABLES

Table 2: Definitions

Deliverable Description Frequency /

Due Date

Background Checks

Background checks on all contractor employees and subcontractor employees if used on project. TWC HR will process the background checks at no cost to awarded contractor.

As needed during the contract term.

Weekly progress meetings

Weekly progress TEAMS meetings conducted by contractor and including the owner and architect.

Weekly during the contract term.

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Deliverable Description Frequency /

Due Date

Bi-weekly project progress schedule

Bi-weekly project progress schedule.

Every two weeks during the contract term.

2.4 DELIVERABLES ACCEPTANCE CRITERIA

ALL DELIVERABLES ABOVE MUST BE PROCESSED OR CONDUCTED ON

TIME FOR TWC TO ACCEPT.

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Codes §§ 2156.001 & 2269.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted to the Electronic State Business Daily (ESBD). TWC has no responsibility to communicate personally with each potential Respondent for this procurement. Each interested party is solely responsible for checking the ESBD for official TWC communication regarding this procurement.

3.2 SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellations made prior to the Deadline for Submission of Responses will be published as an Addendum posted to the ESBD.

Table 1: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD June 30, 2026

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Event Date and Time

Deadline for Submission of Response

NOTE: Responses must be RECEIVED by TWC by the deadline.

JULY 17, 2026, at 10:00 AM Central Time

Expected Contract Award AUGUST 2026

Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Table 3: Schedule of Events or as changed via an Addendum posted to the ESBD.

3.3 CONTRACT DOCUMENTS

The Contract(s) resulting from this solicitation may consist of the provisions in this solicitation (including its attachments, forms, exhibits, and any Addenda); the Successful Respondent’s Response, any TWC Request for Revised Response, the Successful Respondent’s Response to the Request for Revised Response, and TWC’s Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents. In the event of a conflict between the provisions of these documents, the documents are given the following order of priority: (1) TWC PO; (2) most recent Request for Revised Response (if any); (3) Successful Respondent’s Response to the Request for Revised Response or Best and Final Offer (BAFO), if any; (4) Request for Proposal; and (5) Successful Respondent’s Response.

TWC may elect to have the Contract(s) resulting from this Solicitation consist of a single document. This document will contain all rights and duties of the parties extracted from the relevant terms and conditions of the Solicitation (including its attachments, forms, exhibits, and any Addenda), the Successful Respondent’s Response, the Request for Revised Response or BAFO, if any, and Successful Respondent’s Response to the Request for Revised Response or BAFO, if any. Prior to award, TWC will prepare the Contract for review by the Successful Respondent.

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Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor technicalities. These discussions are to be finalized and all requests for revisions resolved within ten (10) Business Days after the Successful Respondent receives the draft Contract for review or such additional time that may be agreed to by TWC. If discussions are not finalized within such time frame, the Response may be rejected, and discussions may be initiated with the next highest scoring Respondent.

3.4 ATTACHMENTS AND FORMS

Table 2: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Terms and Conditions Attachment 2 Uniform General Conditions Attachment 3 Supplementary General Conditions Attachment 4 Prevailing Wage Scale Attachment 5 Project Drawings Attachment 6 Project Manual Attachment 7 Asbestos Report Form 1 Execution of Response Form 2 Cost Response Form 3 Past Project Performance Form 4 Financial Soundness Questionnaire Form 5 Title Page Form 6 Substitute W-9 and Direct Deposit Form with

Instructions

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to PS, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

FRED WARNER, CTCD

Procurement Lead

Texas Workforce Commission https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

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3.5.1 Prohibited Communication

Except as provided in Section 3.5 Sole Point of Contact, all communication with TWC regarding this Solicitation is prohibited. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 3.5 Sole Point of Contact.

Failure to comply with these restrictions may result in disqualification of Respondent's Response. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

TWC reserves the right to amend answers previously posted. Amended answers will be posted to the ESBD. It is the Respondent’s responsibility to check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Section 3.2 Schedule of Events may be reviewed by TWC but may not be answered. Only TWC's written answers posted on ESBD, in accordance with this section, are binding.

3.6 ADDENDA

Should an addition or correction become necessary after the Solicitation is issued, an Addendum relating the necessary information will be posted to the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information. Respondents are required to acknowledge the Addenda by returning the signed Acknowledgment of Addenda with the Response. Failure to do so does not absolve a Respondent from the requirements contained within any Addenda.

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ARTICLE IV RESPONSE SUBMISSION

INSTRUCTIONS

4.1 DEADLINE

Responses must be received by PS as prescribed no later than the date and time specified in Section 3.2 Schedule of Events.

Responses received after the deadline specified in Section 3.2 Schedule of Events will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Responses emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.2 GENERAL INFORMATION

Respondents must fully and completely address all requirements described in this Solicitation. Incomplete or partial Responses will not be considered.

The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Response that clearly and concisely represents its qualifications and capabilities.

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana or Arial, font size 12-point, with one (1) inch margins and 1.25 line spacing; the sole 12-point font size exception is no less than size 10 point for tables, graphs, and appendices.

4.4 DISCREPANCIES

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to

RFP No. 3202600220 ver. 1 Page 17 of 43 potentially disqualify a Response. If Respondent fails to designate an “Original” Response as required by Section 4.5 Submission Method, TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Response. If the Respondent submits a redacted Response as the “Original,” TWC will disqualify the Response, and it will not be evaluated.

TWC will not accept submissions after the Response due date in Section

3.2 Schedule of Events to remedy discrepancies or variations in Response submissions.

4.5 SUBMISSION METHOD

TWC has implemented the eProcurement platform referred to as the TWC

PROCUREMENT PORTAL - TEXAS WORKFORCE COMMISSION.

Respondent must upload all documentation indicated to the TWC PROCUREMENT PORTAL link on the “Open Opportunities” tab.

Submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the TWC Procurement Portal website. There is no charge to register.

Step-by-step instructions are available at: Vendor Registration – Procurement

For a quick tutorial through the registration and submission process, visit:

Submissions – Procurement.

Any issues with uploading must first be addressed with the TWC Procurement Portal Technical Support at the contact information included in the Procurement Information Summary and TWC Procurement Portal Instructions to Respondents document.

Respondents must contact the Sole Point of Contact prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Sole Point of Contact well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities https://procurement-help.eunasolutions.com/hc/en-us/sections/48366912105235-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/sections/48366912105235-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/sections/48367002918163-Submissions

RFP No. 3202600220 ver. 1 Page 18 of 43 captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

It is the Respondent’s responsibility to appropriately mark and upload the Proposal to the TWC Bonfire Portal by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC.TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software. To confirm receipt of all electronic submissions, Respondent should request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and deliver the Response to the TWC Procurement Portal by the specified date. Each Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. In no event will TWC be responsible or liable for any delay or error in delivery. Response must be RECEIVED by TWC by the Response Deadline identified in Section 3.2 Schedule of Events.

4.6 REQUIREMENTS SUBMISSION

Table 5: Required Forms and Submission Documents

Document Name

Narrative Proposal (Section 4.7) Milestone Schedule (Section 4.8) Project Work Plan (Section 4.7.4) Form 1 - Execution of Response (Section 4.7.2) Form 2 - Cost Response (Section 4.10) Form 3 - Past Project Performance (Section 4.9) Form 4 - Financial Questionnaire (Section 4.12) Form 5 - Title Page Form 6 - Substitute W-9 and Direct Deposit Form

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4.7 NARRATIVE PROPOSAL

4.7.1 Executive Summary

Respondent must provide an Executive Summary of their Response (excluding cost information) that asserts the Respondent is providing, in its Response, all the requirements of this Solicitation, including Article II Scope of Work. The Executive Summary must demonstrate Respondent’s understanding of TWC goals and objectives for this Solicitation.

If the Respondent is providing goods and/or services beyond those specifically requested, those goods and/or services must be identified. If the Respondent is offering goods and/or services that do not meet the specific requirements of this Solicitation, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the Executive Summary. The Respondent should realize, however, that failure to provide the goods and/or services specifically requested may result in disqualification.

The Executive Summary must not exceed two (2) pages and should represent a full and concise summary of the contents of the Response.

4.7.2 Execution of Response

Respondent must complete, sign, and return Form-1 Execution of Response. By signing, Respondent agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in resulting Contract. A Response without the required signatures is not responsive to the Solicitation and will be disqualified.

Unsigned Responses will not be evaluated; these Responses will be kept with the procurement file and not be returned to the Respondent.

4.7.3 Respondent Organization Information

Respondent must include the following information with its Response.

4.7.3.1 Respondent Point of Contact

Respondent must provide the name, address, and telephone number of Respondent’s point of contact for any questions regarding the Response and, if different than the point of contact for questions about the

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Response, the name, address, and telephone number of Respondent’s point of contact for any resulting Contract.

4.7.3.2 Respondent Organization Narrative

Respondent must provide a detailed narrative explaining why it is qualified to provide the services enumerated in Article II Scope of Work, focusing on key strengths and competitive advantages.

Respondent must describe its knowledge and experience in providing Kitchen remediation Services to comparable clients of similar size and complexity to TWC, including how many years Respondent has been in in business. The Organization Narrative must not exceed two (2) pages.

4.7.3.3 Organization Profile

NOTE: Texas governmental entities are exempt from this requirement.

Respondent must provide an organizational profile, including:

a. Ownership structure (e.g., corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information both in a narrative and as a graphical representation.)

1. If Respondent is an affiliate of or has a joint venture or strategic alliance with another company, Respondent must identify the percentage of ownership of each joint venture member or affiliate and the percentage of the parent company’s ownership. The entity performing the majority of the work under any resulting Contract, throughout the duration of the Contract, must be the primary Respondent.

2. Finally, Respondent must provide its proposed operating structure for the services requested under this Solicitation and which entities (i.e., parent company, affiliate, joint venture, subcontractor) will be performing the services.

b. The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;

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c. The location of company headquarters and any field office(s) that may provide services for any resulting Contract;

d. The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned to TWC’s project; and

e. An indication of whether the company has ever been in contract with any Texas state agency. If “Yes,” specify the agency name, contract term, and the scope of work for that contract.

4.7.4 Project Work Plan

Respondent must describe the proposed processes and methodologies for providing all components described in Article II Scope of Work, including its approach to meeting the project schedule. Respondent should identify all tasks to be performed, including all project activities, materials and other products, services, and reports to be generated during the Contract period and relate them to the stated purpose(s) and specifications described in this Solicitation.

4.7.5 Key Personnel

Respondent must discuss and provide information for the individual(s) who will be responsible for overseeing the day-to-day performance and services. Provide staffing profiles and resumes for all key personnel who will be assigned to the Contract that demonstrates their ability to perform the services specified in the Solicitation.

4.8 PROJECT MILESTONE SCHEDULE

Respondent must provide a Project Milestone Schedule that includes all of the following:

a. Length in calendar days between the Notice to Proceed and Substantial

Completion Date. This project is allowed a maximum of sixty (60) calendar days from Notice to Proceed to Substantial Completion.

b. All major trade work items and lead times for critical material deliveries.

c. Alternates in the Project Milestone Schedule per the phasing plan in the Construction Drawings.

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d. Note in the Project Milestone Schedule any time period when there may be an interruption of power or utility service. Please include an approximate window of the time for the anticipated shut down.

The Project Milestone Schedule will be evaluated as described in Section 5.5. Written Proposal Evaluation Criteria.

4.9 PAST PROJECT PERFORMANCE

Respondent must provide a minimum of THREE (3) Past Projects in the format set forth in Form 3 - Past Project Performance and should also provide any canceled contract reference as applicable. These past projects must relate to similar contracts or projects performed as described in Section 2.2 Description of Services/Scope of Work/Specifications within the last FIVE (5) years.

4.9.1 Similar Contracts

Each Respondent shall provide descriptions for Three (3) engagements of comparable complexity and sensitivity to the requirements of this Solicitation that have been conducted within the past five (5) years. The description of comparable engagements shall be detailed and cover the contracts the Respondent and any Subcontractors have had and all experience similar to this Contract that qualifies the Respondent to meet the requirements of this Contract, including, but not limited to:

a. Size of contract (including value);

b. Reason for contract termination/expiration, if contract is no longer in effect;

c. Types of services directly provided by the Respondent and whether the Respondent was the contractor or Subcontractor;

d. Term and type of contract, including effective dates; and

e. Any problems encountered.

4.9.2 Contract Performance

The Respondent shall state whether or not any of the following have occurred during the last five (5) years:

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a. The Respondent has had a contract terminated, and, if so, shall provide full details, including the other party’s name, address, and telephone number on Form 3 - Past Project Performance.

b. The Respondent has assessed any remedies, including liquidated damages or other such monetary remedies, under any existing or past contracts, and, if so, note the reason for and the amount assessed or paid for each incident.

c. The Respondent was the subject of (i) any threatened, pending, or resolved disciplinary action for substandard work and/or unethical practices; or (ii) any order, judgment or decree of any federal or state authority barring, suspending or otherwise limiting the right of the Respondent to engage in any business, practice, or activity.

d. The Respondent has been involved in any civil or criminal litigation and/or entered into any compromise agreement, settlement agreement, or resulting consent decree or judgements, if applicable, related to contract performance, the goods and/or services sought by this Solicitation, or that a reasonable person knowledgeable of the applicable industry would consider relevant to the work under the Contract. Respondents are not required to violate any confidentiality provision but must provide information not prohibited from disclosure.

4.10 COST RESPONSE

In accordance with Section 4.10 Cost , the Respondent shall include one file named “Cost Response” that contains the Respondent’s Cost Response in the format included in Form 2 - Cost Response.

Cost information must be included as a separate document and presented only in the format set forth in Form 2 - Cost Response.

Respondent must state pricing for all goods and/or services rendered during the course of any awarded Contract, including any and all costs involved that are to be paid or reimbursed by TWC during the initial contract period and any renewal or extension periods. No reimbursement is available to the Successful Respondent beyond the amount agreed to be paid for the goods and/or services provided. Pricing agreed to in any

RFP No. 3202600220 ver. 1 Page 24 of 43 resulting Contract shall be firm and remain constant through the life of the Contract.

The Cost Response provided is for the goods and/or services as specified in this Solicitation and shall include ALL LABOR, MATERIALS, TOOLS, SUPPLIES, EQUIPMENT, AND PERSONNEL, INCLUDING BUT NOT LIMITED

TO, TRAVEL EXPENSES, ASSOCIATED COSTS, AND INCIDENTAL COSTS

necessary to provide the goods and/or services according to the minimum specifications, requirements, provisions, and Terms and Conditions set forth in this Solicitation.

4.11 OFFERED OPTIONS

TWC does not intend to limit the creativity of Respondents from bringing forward new suggestions or enhancements not described in this Solicitation. Respondents are encouraged to describe any Offered Options.

Offered Options are not required and are not considered during evaluation of Responses. TWC will not award additional options if not included in the Response.

4.12 FINANCIAL SOUNDNESS

The Respondent must complete Form 4 - Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the

Respondent’s Response. If TWC learns of a failure to disclose after a

Contract has been awarded to the Successful Respondent, the Contract may be terminated. In the event of such termination, the Successful

Respondent shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

4.12.1 Change in Financial Condition – Duty to Notify

The Response must include a certification that the Respondent will notify TWC of a change in financial condition during the Contract term and any renewal thereof. If a Respondent experiences a substantial change in its financial condition prior to the award of the Contract, or if the Successful Respondent experiences a substantial change in its financial condition

RFP No. 3202600220 ver. 1 Page 25 of 43 during the term of the Contract or any extension thereof, TWC must be notified of the change in writing at the time the change occurs or is identified. Failure to notify TWC of such substantial change in financial condition will be sufficient grounds for rejecting the Response or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

4.13 CORPORATE GUARANTEE

If the Respondent is substantially owned or controlled, in whole or in part, by one or more other legal entities, the Respondent must submit the information required under Section 4.12 Financial Soundness above for each such entity, including the most recent financial statement for each such entity. The Respondent must also include a statement from the entity or entities with substantial ownership or control that the entity/ies will unconditionally guarantee performance by the Respondent of each and every obligation, warranty, covenant, term, and condition of any Contract resulting from this Solicitation. If TWC determines that an entity does not have sufficient financial resources to guarantee the Respondent’s performance, TWC may require the Respondent to obtain another acceptable financial instrument or resource from such entity, or to obtain an acceptable guarantee from another entity with sufficient financial resources to guarantee Respondent’s performance.

TWC reserves the right to request that such entity unconditionally guarantee performance by the Respondent in each and every obligation, warranty, term, covenant, and condition of any Contract resulting from this Solicitation.

4.14 EXCEPTIONS

Each Respondent is highly encouraged, in lieu of including exceptions in a Response, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.6 Questions/Requests for Clarification.

Any exception included in a Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its

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Response, Respondent is required to use Form 1 - Execution of Response and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration.

Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1 - Execution of Response.

No exception, nor any other term, condition, or provision in a Response that differs from or contradicts this Solicitation will be considered to be part of any resulting Contract unless expressly made a part of the Contract in writing by TWC.

Any exceptions or deviations by the Respondent to Attachment 1 – TWC Terms and Conditions may make the Response unacceptable for award without discussion. If a Respondent proposes exceptions to Attachment 1 – TWC Terms and Conditions, TWC may make an award without discussion to the next highest scoring Respondent with no exceptions to Attachment 1 – TWC Terms and Conditions.

4.15 BINDING OFFER

A Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Responses constitute binding offers. Any Response that includes any type of disclaimer or other statement indicating that the Response, or any portion of the Response, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.14 Exceptions, the Respondent may be disqualified from further consideration for Contract award.

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4.16 FRANCHISE TAX – RIGHT TO TRANSACT BUSINESS IN TEXAS

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

4.17 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the 3.5 Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the Solicitation in the manner and by the deadline described in Section 3.6 Questions/Requests for Clarification.

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.5) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Respondent:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Submits a Response at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.18 RESPONSE IRREVOCABILITY

Responses submitted to the Solicitation are irrevocable for one hundred eighty (180) calendar days following the solicitation closing date. This period may be extended at TWC’s Procurement and Contract Services Director’s request only by a Respondent’s written agreement. Upon Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by

TWC.

https://comptroller.texas.gov/taxes/franchise/

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4.19 QUESTIONS OR REQUESTS FOR CLARIFICATION

By submitting a Response, Respondent grants TWC the right to ask questions and request clarification. As part of the initial evaluation, the evaluation committee may request clarification. Clarifying questions to a Respondent are to resolve conflicting information, apparent ambiguities, or minor clerical errors within the Response.

4.20 COST OF SUBMISSION AND ADDITIONAL EVALUATION ACTIVITIES

TWC will not reimburse Respondents for any costs related to Response preparation or submission. Additionally, Respondents will be responsible for their own presentation equipment if invited to participate in additional evaluation activities, such as in-person discussions, clarifications, or negotiations. Failure to participate in the requested additional evaluation activities may eliminate a Respondent from further consideration.

TWC is not responsible for any costs incurred by the Respondent in preparation for any additional evaluation activities. All costs incurred by Respondent are the responsibility of Respondent.

4.21 TWC RIGHTS

All submitted Responses become the property of TWC. TWC reserves the right to use any and all ideas presented in any Response to this Solicitation. Selection or rejection of any Response does not affect this right.

The rights of TWC include, but are not limited to:

a. Cancellation of this Solicitation at TWC’s sole discretion;

b. Suspension of the procurement process and issuance of Solicitation Addenda;

c. Rejection, in whole or in part, of any and all Responses received for this Solicitation;

d. Waiver of administrative deficiencies or minor technicalities in any of the Responses;

e. Utilization of any and all ideas presented in the Responses;

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f. Directing any Respondent to submit Response modifications addressing subsequent Addenda;

g. Elimination of any requirements that are not met by all Respondents upon notice to all parties submitting a Response;

h. Making typographical corrections to Responses, with the concurrence of the Respondent;

i. Changing computational errors with the concurrence of the Respondent;

j. Requesting Respondents to clarify the Responses;

k. Requesting Respondents to submit additional information pertaining to the Response; and

l. Making an award without:

1. Requesting clarification;

2. Allowing modification;

3. Discussing;

4. Negotiating; and/or

5. Requesting a revised response.

ARTICLE V EVALUATION AND AWARD

WC will award a Contract to the Respondent(s) that offers the best value to the State and is in the State’s best interest as determined using the evaluation criteria described in this Article V.

Responses that meet the minimum qualifications will be submitted to the evaluation committee for review and scoring. Each member of the evaluation committee will receive a copy of each responsive Response.

The evaluators will review the Responses considering the criteria listed in Section 5.5 Evaluation Criteria.

Evaluators will individually score the Responses. Oral Presentations or Site Visits may also be used to make a selection for Contract award, as outlined in this section.

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5.1 CONFORMANCE WITH STATE LAW

TWC shall evaluate the responses to determine which Response provides the best value in accordance with Texas Government Code § 2155.074(b), and TWC may also consider the factors listed in Texas Government Codes § 2155.074(b-1) in making this determination. TWC shall not be obligated to select the lowest priced Response but shall make an award to the Respondent that provides the best value to the State of Texas.

5.2 MINIMUM QUALIFICATIONS (PASS/FAIL)

A Respondent must meet the minimum qualifications listed below. Failure to meet any one of the minimum qualifications listed below may result in a disqualification of that Response.

a. Respondent must have recently been in business for a minimum of 3 years within the last 10 years, or the principals/owners must have had ownership/executive management experience within the last 3 years in a previous company that provided similar services;

b. Respondent must be currently licensed as required by state law;

c. Respondent must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 4.11 Financial Soundness, if applicable;

d. Respondent has submitted the Response in accordance with Article IV Response Submission Instructions.

e. Respondent who receives an overall score on the VPTS of ”D” or below shall be disqualified from consideration for award.

5.3 INITIAL COMPLIANCE SCREENING

TWC will review Responses for initial compliance with the Submission requirements listed in Article IV and for demonstrated ability to meet Section 5.2 Minimum Qualifications (Pass/Fail) required to advance to evaluations. Failure to meet the minimum qualifications will result in the disqualification of the Response.

TWC will automatically disqualify any Response that does not include one or more of the completed and signed (as applicable) documents.

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All Responses will be screened for inclusion of all required information prior to release to the evaluation team. TWC may exclude from further consideration for selection any non-responsive Response or portion of a Response.

5.4 RESPONSE EVALUATION

Each member of the evaluation committee will read the Responses in preparation for evaluation. The evaluation committee will score all Responses that pass initial screening in Section 5.3 Initial Compliance Screening, even if there is only one viable Response. Responses will be scored against the criteria in Section 5.5 Evaluation Criteria.

Responses will be evaluated utilizing aggregated individual scoring outlined in this Article V Evaluation and Award. The individual evaluators’ scores will be aggregated and weighted, resulting in the final Response Score, unless TWC requests a Revised Response from those Respondents in the Competitive Range.

5.5 EVALUATION CRITERIA

TWC shall consistently evaluate and score Responses in accordance with the following criteria.

a. Cost /Price or Reasonableness of Price: 40%

b. Past Performance, Qualifications, and Experience: 45%

• Section 4.7.3 Respondent Organization Information;

• Section 4.9 Past Project Performance, including Section 4.9.1 Similar Contracts, Section 4.9.2 Contract Performance, and Form 3 Past Project Performance (including Cancelled Contract References);

c. Section 4.8 Project Milestone Schedule: 15%

d. The qualifications of the Respondent’s key personnel.

5.6 COMPETITIVE RANGE

The Competitive Range will consist of the Responses that receive the highest scores, or most satisfactory ratings based on the published evaluation criteria and procedures governing this procurement. Cutoff for

RFP No. 3202600220 ver. 1 Page 32 of 43 the Competitive Range will be based on the “natural break” in scores and on reasoned judgment that Responses below the cutoff cannot be made successful through clarification and negotiation. TWC is not obligated to enforce a natural break in scores and reserves the right to advance as many or as few Responses as qualified under these criteria to achieve the best value for the state of Texas.

5.7 DISCUSSIONS AND REVISED RESPONSES

After the written Response evaluation, Respondent may be selected for invitation to additional evaluation activities that may include one or more of the following: oral presentations, clarifications, discussions, Proof of Concept, demonstrations, and site visits. Advancement will be determined by the Competitive Range.

A Respondent that does not meet the advancement criteria in this Section will not be invited to participate in additional evaluation activities. The Final Written Response Score will be considered the Total Score, and the Respondent may not be considered further for Contract award.

To further identify the Respondent providing the best value, Respondents selected for additional evaluation activities will be the final group of Respondents eligible for award. Additional evaluation activities will allow for revised points for the Respondent’s Final Written Response Score to replace the original technical score. This will be the Final Written Response Score with any adjusted points received, if applicable.

TWC may require additional evaluation activities from any or all Respondents to make a determination for award recommendation.

Information from the additional evaluation activities will be used…