ESBD_533556_1782861607845_Request for Qualfications.docx

TEXAS FACILITIES COMMISSION

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

REQUEST FOR QUALIFICATIONS

EXTERNAL CONSTRUCTION AUDIT SERVICES

RFQ #0008571

Posting Date: June 30, 2026 Submittal Due Date/ Opening Date: July 24, 2026

RFQ 0008571

External Construction Audit Services

REV. 05/26/2026

Contents

SECTION I - GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2254, Chapter 2254, Subchapter A, Professional Services, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting submittal of qualifications to provide construction auditing services for completed or existing TFC construction projects.

2) CONTRACT TERM: It is the intention of TFC to award a Professional Services Agreement (hereinafter referred to as the “Contract”) for professional accounting and certified public accounting services. Services undertaken pursuant to this RFQ will be for an initial three-year term with one three-year renewal option; provided however, that individual assignments may continue after the expiration of the underlying Contract by mutual consent of the parties to the Contract.

3) BUDGET: Anticipated total budget amount for this contract is estimated at $600,000 for the full six-year term.

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

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

a) Purchaser Name: Rico Gamino, CTCM, CTCD

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

6) BACKUP POINT OF CONTACT: If the contact above is not available, the contact listed below may be contacted.

a) Purchaser Name: Monica Presson, CTCD, CTCM

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

7) DEFINITIONS:

a) Addendum: A modification of the specifications issued by TFC.

b) A/E: Architect or Engineer performing design services for a construction project.

c) Contractor: May include General Contractor (G/C), Construction Manager-at-Risk (CMR), Design-Builder (D-B), Job Order Contractor (JOC), or any other vendor performing construction services.

d) Electronic State Business Daily (ESBD): the designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.gov/esbd

e) Good Faith Effort: Effort required by vendors when completing the Attachment C, HUB Subcontracting Plan, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs: A) Performing “Traditional Good Faith Effort” of soliciting bids from two VetHUBs for each subcontracting opportunity, and allowing seven business days for response, B) Self-Performing Contract (performing all work with own materials and labor), or C) Utilizing a Mentor Protégé Relationship.

f) HUB Subcontracting Plan (HSP): The HSP required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

g) Historically Underutilized Business (HUB): As defined in Title 34, Rule 20.282 of the Texas Administrative Code (TAC).

h) Mentor Protégé Relationship: A formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé agreements click on link: https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

i) Owner: The Texas Facilities Commission.

j) Project Manager: The individual designated by the Owner authorized to represent the Owner during the performance of the Contract.

k) Respondent: An individual, partnership, or corporation that responds to this RFQ.

l) RFQ: Request for Qualification

SECTION II – SERVICES DESCRIPTION

· In the course of the audit engagement, a number of documents shall be requested by the external audit services contractor from TFC and its contractors. The documents, which are to be reviewed and analyzed by the external audit services contractor, include but are not limited to the following:

· Contract/General Conditions/General Requirements

· Contract Exhibits

· Notice to Proceed

· Estimated Substantial Completion Date

· Detailed Guaranteed Maximum Price with detail including alternates, allowances, and Value Engineering information

· Bids and Bid Tabulations for all Subcontracts including Self Performed Work

· Project Buyout, Allowance, and Contingency Usage Logs

· Owner Changes irrespective of Funding Source

· All Construction Management Pay Applications with backup (pdf)

· Documents to support General Contractor Payroll Billings

· Copy of Performance and Payment Bond

· If using Subcontractor Default Insurance, what is the % and basis of calculation

· If using Subcontractor Default Insurance, please provide the policy

· If using Contractor-Controlled Insurance Program, what is the % and basis of calculation

· Subcontracts and Change Orders for all Self Performed Work packages

· Subcontracts (cover page and scope page) with inclusions and exclusions

· Mechanical/ Electrical/Plumbing full subcontracts

· Subcontractor Change Orders including backup for amounts not in Owner-reviewed Changes

· Subcontract Subledger Detail Report and detailed summary page

· Guaranteed Maximum Price Subcontracts (if any)

· Most recent Subcontract Pay Apps if not in Pay Apps

· Copy of Subcontractor Bonds (if applicable)

· Subcontractor's Allowances inside subcontracts (if applicable)

· Back Charge Log or how Back Charges are accounted for

· Certified Payroll

· CM Rented Equipment Schedule, if applicable

· Listing of Job Owned Equipment

· Detailed Job Cost in Excel

· Access to Photos of Job site / Construction progress (on an as-needed basis)

· Any known related parties

· Builder's Risk Insurance Policy & Invoices

· Certificate of Insurance for General Liability Insurance

· Tool Log

SECTION III – STATEMENT OF WORK

1) Provide construction auditing services for Project Management Firms (PMF), Architects and Engineers (A/E), design-build (D-B), construction manager-at-risk (CMR), Job Order Contracting (JOC), general contractor (GC) or any other contracts involved with construction from cradle to grave in accordance with the terms, conditions, and requirements set forth in this Contract.

a. Specific requirements include, but are not limited to, performing a review of billings for compliance with the following: contract, amendments to the contract, procurement, response to procurement and terms of agreements. Provide input to TFC and monitor implementation of guidelines for cost tracking on the project:

1. Provide input and guidance to TFC regarding consistent project accounting and tracking methodologies.

2. Provide input and guidance to TFC regarding the establishment of acceptable schedule of values for the construction project.

b. Validate appropriate general conditions payments as part of the monthly application for payment process:

1. Review monthly billings for compliance with terms of contract.

2. Review monthly payment applications for payment requests as needed and review the underlying documentation to determine whether amounts are reimbursable and reasonable in accordance with the terms of the contract.

3. Periodic review of vendor records to ensure A/Es, Contractors or subcontractors and purchase amounts align with the approved milestones and schedule of values.

4. Review and confirm appropriate support for all General Conditions and reimbursable payments.

5. Periodic review of vendor records to ensure HUB expenditures are accurate.

6. Review the Contractor or subcontractor’s current schedule of values and compare to what is billed on the Owner payment application.

7. Reconcile the final Contractor application and certificate for payment for selected line items to the Contractor cost reports and schedule of construction costs incurred to date as submitted by the Contractor.

c. Review and provide analysis of change proposals and change orders, included but not limited to:

1. Confirm that proposed changes are appropriate in terms of original scope of project.

2. Review of subcontractor status reports to determine change order activity by subcontractor.

3. Review a sample of change order requests submitted by the Contractor and determine whether amounts are reimbursable in accordance with the terms of the contract. Review a sample of subcontract change orders for compliance with the contract.

4. Verification of appropriate markup per contract.

5. Confirmation of reasonableness of change proposal/order pricing.

6. Review of change orders, and that any planned specifications and/or quantities are reconciled.

d. Monitor and track project expenditures:

1. Review and provide recommendations to Owner regarding efficient and effective project expenditure monitoring.

2. Monitor payments for compliance with contractual terms and Owner policy and procedures.

3. Review documentation of determination and review of “best value” subcontract selections by Contractor.

4. Review cost and contingency tracking, allowances, buyout savings, and identified cost recoveries.

e. Provide reviews to confirm the reasonableness of Contractor(s) and consultant(s) estimates. Such reviews might include but not be limited to:

1. Analyze the Contractor accounting for “allowance” and “contingency” items and verify that they have been incurred in accordance with the terms of the contract. Review of subcontracts for allowances and back charges.

2. Determine whether the Contractor charges for labor and labor burden, materials and equipment are in accordance with the terms of the contract.

3. Review the Contractor method for computation of any construction cost to be reimbursed requiring prior approval by TFC if required by the contract.

4. Select a sample of costs incurred by Contractor and determine if there are any credits due from the Contractor related to discounts, rebates, sales of surplus material, dividends, and refunds of any nature and determine whether the credits have been properly applied for the benefit of TFC.

5. Review calculations of shared savings, when applicable.

6. Verify that all specified bonds and insurance are actually purchased by the Contractor for the specified amount as stated in the contract.

7. Obtain from the Contractor copies of subcontractor agreements between the Contractor and its respective subcontractors.

8. Assess documentation for status of lien waivers and final lien waivers.

9. Review for any job-owned equipment to ensure that appropriate credit is received for all equipment purchased and charged to the job.

f. Attend various meetings at the Owner’s request, including but not limited to:

1. Monthly pay application meetings.

2. Meetings to resolve issues and payment concerns with Contractor, subcontractor, design professional, or consultant.

g. Provide written reports as needed of activities and results of expenditure reviews, monitoring activities, and project cost tracking:

1. Written report summarizing the results of the reviews, any potential cost recovery items, recommendations, and conclusions related to the objectives of the construction audit services.

2. Documentation such as project expenditure progress report, analysis worksheets, document exhibits, and any other work performed to support conclusions, as requested.

h. Provide report of benchmarks, best practices, and recommendations with training to TFC regarding topics of the report.

i. Other services as requested by the owner including but not limited to contract language effectiveness reviews during contract development, cost avoidance evaluations, GMP reasonableness and compliance reviews, during pre-construction, and providing training to owner process stakeholders.

j. State Auditor’s Office (SAO) Requirements. TFC will coordinate with PSP to fulfill the following:

1. SAO will receive a copy of the contract between the agency and the Contractor.

2. SAO will receive a copy of the Contractor's final report.

3. SAO will have access to working documentation related to procured services.

4. SAO will have access to all draft and final reports and memoranda of discussions with agency management.

5. SAO will receive reports resulting from a peer review that the private auditor receives after entering into a written agreement resulting from the delegation.

k. In accordance with records retention requirements, the PSP will maintain all evidence and work products in the performance of this section.

SECTION IV – SCHEDULE OF EVENTS

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

2) OPTIONAL PRE-SUBMITTAL TELECONFERENCE: The pre-submittal teleconference will be held on Thursday, July 9, 10:00 AM. Pre-registration is required to participate in the teleconference. A recording of the teleconference will be posted to ESBD and OpenGov.

a) Pre-Registration is required

b) Register in advance for the Thursday, July 9, 2026 meeting with this link:

i) https://us02web.zoom.us/meeting/register/dCnP4sS4QQ-CohRlFuxtnA

SECTION V – SUBMITTAL REQUIREMENTS

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

2) REQUIRED DOCUMENTS: Respondents shall upload their qualifications through the TFC OpenGov portal as specified in Attachment G – OpenGov Submission Instructions. Requested documentation includes:

a) Package 1 – Required Documentation:

i) Attachment A – Execution of Submittal

ii) Litigation History

b) Package 2 – Scored Documentation

i) Company Information

ii) Relevant Experience and Qualifications

iii) Proposed Methodology

c) Organization: Document pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

d) File Format: File format shall be as indicated in Attachment G – OpenGov Submission Instructions

e) Submittal Costs: Respondents to this RFQ are responsible for all costs of submittal and interview preparation and delivery costs.

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

4) CONTENTS: Below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State. The Attachment A - Execution of Submittal shall be returned; failure to do so shall result in disqualification.

a) Company Information: <Pass/Fail> Including, but not limited to the following:

i) Company description;

ii) Ownership information;

iii) Physical and Mailing addresses;

iv) Other company locations/offices;

v) Primary contact;

vi) Office and mobile telephone numbers, and email of primary contact; and

vii) 11-Digit State of Texas Vendor Identification Number.

viii) Indicate if your firm or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If so, provide explanation.

ix) Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

x) 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.

xi) 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 and if so, what were the dates and circumstances.

xii) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, specify, dates, details, and circumstances.

xiii) Minimum Qualifications:

(1) Out of State vendors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

(2) Professional Services Procurement Act (Government Code Chapter 2254)

(a) Texas Government Code Section 2254.002 defines “professional services” to include services within the scope of accounting, provided by a person licensed as a certified public accountant.

(b) Chapter 901 of the Texas Occupations Code (The Public Accountancy Act) regulates the licensing and practice of CPAs in Texas. It defines what constitutes a CPA, the requirements for licensure, and the standards for professional conduct.

(c) Accordingly, provide proof of current CPA license in good standing. Submittals that fail to provide proof of CPA license in good standing will be disqualified.

b) Relevant Experience & Qualifications: <60 pts.>

i) Proposed engagement team:

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

(2) Provide résumés for each engagement team member and describe each member’s responsibilities for the engagement.

(3) Detail previous experience of team members working together on audit engagements, and your company’s previous experience working with major subconsultants proposed for these engagements, if any. A matrix format is recommended.

ii) Location:

(1) Identify the location of your company’s office that will directly support the engagements.

(2) Explain how responsive service will be provided.

iii) Relevant Experience:

(1) Identify five (5) most relevant past completed engagements similar in size and scope to the services requested in the statement of work for large, State of Texas public construction projects. Identify the team members from those engagements and their role. Highlight your experience on these engagements with the following engagement phases:

(a) Planning

(b) Fieldwork

(c) Reporting

(d) Q/A

(2) Sample construction audit reports

c) Proposed Methodology: <20 pts.> Provide an outline of your process to implement the requirements of the RFQ Scope of Work into a finished engagement. Refer to Section II and Section III above.

d) Litigation History: <Pass/Fail>

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

ii) Respondents involved in litigation with previous customers, A/Es, or construction firms may be disqualified at the full and sole discretion of TFC.

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

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

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

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

5) INQUIRIES

a) All inquiries shall be submitted through the OpenGov portal or by email to Agency Points of Contact listed above.

b) All inquiries submitted by email shall be in an editable format, i.e. typed in an email or submitted in Microsoft Word, as opposed to an un-editable format such as Adobe Acrobat .pdf files.

c) All inquiries will result in responses posted online in OpenGov and ESBD.

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

e) Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC and the using agency will not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent. This restriction does not preclude discussions with TFC for the purpose of conducting business unrelated to this solicitation. Failure to observe this restriction may be grounds for disqualification.

6) SUBMISSION DEADLINES

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

b) Follow the submittal instructions specified in the Attachment G – OpenGov Submission Instructions.

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

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

7) RECEIPT OF SUBMITTALS

a) Submittals will be received until the date and time established for receipt, then the portal will close. Names of all Respondents are visible on the OpenGov portal by navigating to the Followers tab on the project. Tabulations will not be divulged until after contract award.

b) All submittals shall become the property of the State of Texas after the deadline/opening date.

c) Submittal shall constitute an offer for a period of ninety (90) days or until selection is made by TFC.

SECTION VI - EVALUATION AND AWARD

1) It is the intent of TFC to award a contract to the Respondent whose qualifications are considered to be ‘most qualified’ for the services solicited in this RFQ.

2) TFC reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award.

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

4) The evaluation committee will evaluate and score each submittal based on the following criteria:

5) When considering vendor qualifications, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in paragraph 4 above.

6) The evaluation committee will determine if interviews/discussions are necessary. Award of a contract may be made without interviews/discussions if in the best interest of the state. The evaluation committee may determine that discussions are necessary to clarify or verify a written submittal. TFC may, at its discretion, elect to have Respondents provide oral presentations/interviews of their submittal. Scoring of the interview may replace the initial scoring of the submittal. The following will be expected during an interview:

a) A short presentation detailing company history and projects relevant to the current project, and confirmation of information presented in the submittal.

b) Attendance by team members assigned to the project to represent themselves as to their relative experience and proposed involvement in the project. Interview shall be led by the company project manager.

c) An agenda for the interview will be provided by TFC requiring an elaboration of company relevant experience, proposed methodology, and quality program for the Project.

7) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate a professional architectural/engineering agreement with the firm which is evaluated as the highest scoring firm, deemed the most qualified for the project. If the agreement cannot be executed, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next firm in order of scoring until an agreement is reached, the list is exhausted, or there are no more suitable Respondents, upon which the solicitation will be cancelled and may be re-issued.

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

SECTION VII – POST SUBMITTAL REQUIREMENTS

1) ADDITIONAL DOCUMENTATION FROM SELECTED FIRM:

a) Professional liability and cyber liability insurance in a minimum amount of $1,000,000 and other standard business insurance coverage, as may be required by the Contract.

b) Execution of an appropriate professional services contract.

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

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

4) 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.

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

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

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

c) character, responsibility, and integrity

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

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

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

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

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

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT WITH THEIR SUBMITTAL. MAKING EDITS TO THIS DOCUMENT OR FAILURE TO SIGN AND RETURN THIS DOCUMENT SHALL RESULT IN DISQUALIFICATION OF THE SUBMITTAL.

By signature hereon, the respondent affirms that:

RESPONDENT AFFIRMATIONS:

1. Having carefully reviewed the RFQ, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, if selected, Respondent hereby agrees to enter into negotiations with TFC and to refine the scope, and if agreement is reached, furnish proposal, furnish required proof of insurance, and execute the Attachment D – Professional Services Agreement.

2. Standard of Care for Architectural and Engineering Contractors: Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

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. Former Agency Employees: In accordance with Section 2252.901 of the Texas Government Code, Respondent represents and warrants that for professional services contracts as described by Chapter 2254 of the Texas Government Code, if a former employee of TFC was employed by Respondent within one year of the employee's leaving the agency, then such employee will not perform services on projects with Respondent that the employee worked on while employed by 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: Unfair Business Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

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. Employment of Lobbyist: Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

19. Disclosure of Interested Parties: Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Execution of Submittal apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation. Respondent represents and warrants that if selected for award of a contract as a result of the Solicitation, Respondent will submit to Agency a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

20. 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.

21. 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.

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 2063.104 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…