Texas Facilities Commission P.O. Box 13047

Austin, Texas 78711-3047

REQUEST FOR PROPOSALS

AIR FILTER CHANGING SERVICES

RFP # 0007993

Dated: July 2, 2026

Proposal Due Date/Opening: August 17, 2026, 3:00 PM

Table of Contents

1. SCOPE:

2. CONTRACT TERM:

3. AGENCY POINT OF CONTACT:

4. DEFINITIONS:

5. SCHEDULE OF EVENTS:

6. PROPOSAL REQUIREMENTS:

7. QUESTIONS:

8. PROPOSAL SUBMISSION:

9. PROPOSAL OPENING:

10. PROPOSAL EVALUATION AND AWARD:

ATTACHMENT A – SERVICES CONTRACT TEMPLATE

ATTACHMENT B – EXECUTION OF PROPOSAL

ATTACHMENT C – HUB SUBCONTRACTING PLAN

ATTACHMENT D – HUB QUICK INFORMATION

ATTACHMENT E – CARBON BOX AND WASHABLE FILE INSTRUCTIONS

ATTACHMENT F – FACILITIES/FILTER INFORMATION AND PRICING SHEET

ATTACHMENT G – TFC BUILDING LISTING

ATTACHMENT H – CONTRACTOR’S QUALIFICATION FORM

ATTACHMENT I – CRIMINAL BACKGROUND CHECKS AND APPLICATION GUIDELINES

ATTACHMENT J – PERMIT PARKING FOR GARAGE B

ATTACHMENT K – FAQS SHEET

ATTACHMENT L – OPENGOV SUBMISSION INSTRUCTIONS

ATTACHMENT M – HSP INSTRUCTIONS

Solicitation No. 0007993 RFP for Air Filter Changing Services

1. SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposal, the Texas Facilities Commission is requesting responses to this Request for Proposal for the provision of air filter changing services at various facilities managed by the Texas Facilities Commission and located in in Austin, Texas. TFC anticipates a single award from this solicitation.

A) Reference Attachment A – Service Contract for the Statement of Work.

2. CONTRACT TERM: This service shall be for a period beginning on the date the contract, as defined below, is executed by both parties, and shall expire August 31, 2028. The contract may be renewed for two (2) additional two (2) year periods provided the renewal is executed prior to expiration of the current contract term. Any renewals shall be in writing and at the same terms and conditions, plus any approved changes.

3. 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) Primary Contact:

1) Purchaser Name: Monica Presson, CTCD, CTCM

2) Purchaser Phone: (512) 463-1879

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

B) Secondary Contact:

1) Purchaser Name: James Wooley, CTCD, CTCM

2) Purchaser Phone: (512) 936-1774

3) Purchaser Email: james.wooley@tfc.texas.gov

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

TERM DEFINITION

Addendum A modification of the specifications issued by TFC

Best and Final Offer (BAFO)

A formal request made to acceptable or potentially acceptable Respondents for revision to the originally submitted proposal

Contract The Services Contract attached to this RFP as Attachment A Contract Administrator

The individual designated by TFC to represent TFC during the performance of the contract

Contractor The individual, legal partnership, or corporation whose proposal is accepted and who enters into a contract with TFC

Electronic State Business Daily

(ESBD)

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

http://www.txsmartbuy.gov/esbd

TERM DEFINITION

Good Faith Effort

Effort required by Respondents when completing the 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.

HUB

Subcontracting Plan (HSP):

The HSP required by Chapter 2161 of the Texas Government Code and by Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code.

Historically Underutilized Business (HUB)

As defined in Title 34, Rule 20.282 of the Texas Administrative Code.

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/

Respondent An individual, partnership or corporation that responds to this RFP.

RFP The Request for Proposal

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

ESBD.

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

EVENT DATE

Issue RFP July 2, 2026

MANDATORY

Pre-Proposal Tele-Conferences

(Respondents are required to attend only one of the scheduled meetings)

PPC 1, July 23, 2026, 11:00 AM PPC 2, July 24, 2026, 11:00 AM

OPTIONAL

Walk Site Visit

July 27, 2026, 9:00 AM

Deadline for Submission of Questions August 5, 2026, 12:00 PM Deadline for Submission of Proposals and HSP/RFP Opening August 17, 2026, 3:00 PM

Expected Contract Start Date October 1, 2026 https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

MANDATORY PRE-PROPOSAL TELE-CONFERENCES:

i) The MANDATORY Pre-Proposal Tele-Conferences are scheduled for:

PPC 1: July 23, 2026, 11:00 AM

PPC 2: July 24, 2026, 11:00 AM

ii) Pre-registration for the pre-proposal tele-conferences is required. Register for the teleconferences at the links below:

PPC 1: https://us02web.zoom.us/meeting/register/uS_Ipg0ERTmlNikOYCLMVQ

PPC 2: https://us02web.zoom.us/meeting/register/fIjS6KLcS_ursOuUA-CTVA

iii) Attendance of at least one (1) of the two (2) scheduled pre-proposal tele-conferences is

MANDATORY. Only those Respondents whose names and represented firm are on the pre-proposal conference attendee list shall be allowed to submit a response. Please do not be late.

OPTIONAL WALK SITE VISIT:

i) The OPTIONAL walk site visits will be conducted on the dates and times shown below. You will meet at the front lobby of Central Services Building (CSB) and greeted by a TFC employee representative. Please do not be late.

ii) There is metered parking (coins) on the street, or free parking is available on the top of State Parking Garage B, 1511 San Jacinto Blvd, Austin, TX. Print out the Attachment J – Permit Parking for Garage B to place on your dashboard.

iii) All attendees shall sign the “Onsite Walk Attendance Sheet” for each walk. Copies of the sign-in sheets will be provided through an addendum which will be posted on the Electronic State Business Daily.

Meeting Location:

Meeting Date/Time:

Attendees will meet in the front lobby:

Central Services Building (CSB) 9:00 AM Monday, June 27, 2026 1711 San Jacinto Blvd.

Austin, TX 78701

Tour group will then proceed to the following locations:

Barbara Jordan Building (BJB) 1601 Congress Avenue Austin, Texas 78701

Lyndon B. Johnson Building (LBJ) 111 E. 17th Street Austin, Texas 78701 https://us02web.zoom.us/meeting/register/uS_Ipg0ERTmlNikOYCLMVQ https://us02web.zoom.us/meeting/register/fIjS6KLcS_ursOuUA-CTVA

6. PROPOSAL REQUIREMENTS:

A) SUBMISSION REQUIREMENTS:

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

2) Required Documents: Respondents shall submit documentation through the OpenGov portal.

Requested documentation includes:

(1) Package 1 – Required Documentation:

(a) Attachment B – Execution of Proposal

(b) Litigation History

(2) Package 2 – Scored Evaluation Materials:

(a) Attachment H – Contractor’s Qualifications Form

(i) Relevant Experience and Qualifications

(ii) Proposed Methodology

(iii) Quality Control and Safety Programs

(b) Copies of certifications/licenses for staff that will be servicing this contract

(c) Resumes of staff that will be servicing this contract

(d) Experience Modification Rate on Insurance Carrier Letterhead

(3) Package 3 – HUB Subcontracting Plan

(a) Attachment C – HUB Subcontracting Plan

(b) Good Faith Effort backup documentation, as applicable

(4) Package 4 – Compensation and Fees

(a) Attachment F – Facilities/Filter Information and Pricing Sheet

3) File Formats Allowed: File format shall be as indicated in Attachment L – OpenGov Submission Instructions.

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

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

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

Do not mark your entire submission as “Confidential”.

C) TFC will not consider any exceptions and/or requests for modification to the proposed contract that are submitted after the date and time for submission of Respondents’ questions. Exceptions and/or requests submitted after this date cannot be considered as they create a possibility for a protest, which would delay award and execution. Respondent shall refer to the Instructions to Respondents (typically found at the front of the Contract Template) to determine which provisions are not negotiable.

D) CONTENTS: Below is a summary of required information. Proposals submitted without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. Proposals that fail to submit the Attachment B – Execution of Proposal, Attachment C – Historically Underutilized Business Subcontracting Plan, Attachment F – Facilities/Filter and Pricing Sheet, or Attachment H – Contractor’s Qualification Form shall be disqualified.

1) RELEVANT EXPERIENCE AND QUALIFICATIONS: <25 pts.>

(1) Attachment H – Contractor’s Qualifications Form

(2) The following minimum requirements are required of Respondents:

(a) Out of state Respondent’s doing business in the State of Texas shall have a Certificate of Authority to do business in Texas, a copy of which shall be submitted with the proposal;

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

(1) Attachment H – Contractor’s Qualifications Form

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

(1) Attachment H – Contractor’s Qualifications Form

(a) Quality Assurance: Respondent shall provide the name and job title of the person in the organization who oversees the quality assurance program. Respondent shall describe its quality assurance program, quality requirements and means of measurement to ensure high quality and responsive service.

(b) Quality Control: Provide process flow charts on how quality is measured, maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 or other in-place controls for adherence to budget, quality, safety and schedule.

(c) Safety Program and Safety Records:

(i) Safety Program:

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

2. Provide a description of your safety program.

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

(ii) Respondent’s Safety Record:

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

4) ATTACHMENT F – FACILITIES/FILTER INFORMATION AND PRICING SHEET: <50 pts.> Submit pricing on the Attachment F – Facilities/Filter and Pricing Sheet. Respondent may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered and may be cause for rejection of the proposal, at the full and sole discretion of TFC.

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

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

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

8) LITIGATION: <Pass/Fail>

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

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

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

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

TAC § 20.284.

Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan is required as a part of the Respondent's Proposal. The Respondent shall develop and administer a HUB Subcontracting Plan as a part of the Respondent's Contract. Failure to complete and submit the HUB Subcontracting Plan shall result in rejection of the response.

(1) As mandated by 34 TAC § 20.285 Respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements.

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

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

(4) If TFC determines that the Respondent failed to implement the HUB Subcontracting Plan in good faith, TFC, in addition to any other remedies, may report non-performance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (h) (3).

(5) HUB subcontracting opportunities may be available in the following NIGP class/item codes and descriptions. The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing (NIGP).

A complete listing of all NIGP Class & Item Codes can be found at:

https://mycpa.cpa.state.tx.us/commbook/ mailto:insurance@tfc.texas.gov https://mycpa.cpa.state.tx.us/commbook/

Class/Item Description 031/44 Filters, Air Conditioning and Furnace, Permanent Type 031/45 Filters, Air Conditioning/ Furnace (Disposal Types) 910/36 Heating, Air Conditioning, and Ventilation Maintenance and

Repair Services (Including Installations)

(1) For assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Office of Business Opportunities by email at opportunities@tfc.texas.gov.

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

7. QUESTIONS:

A) All non-HUB related questions shall be submitted through OpenGov portal or emailed to the Agency

Points of Contact identified above by the date and time specified in the Schedule of Events.

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

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

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

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

8. PROPOSAL SUBMISSION:

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

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

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

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

mailto:opportunities@tfc.texas.gov

9. PROPOSAL OPENING:

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

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

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

10. PROPOSAL EVALUATION AND AWARD:

A) TFC shall award to the Respondent(s) whose proposal is considered to provide the best value to the

State of Texas as defined by TGC, Section 2155.074. TFC reserves the right to make multiple awards or no award under this RFP.

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

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

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

Criteria Weight Relevant Experience & Qualifications 25%

Proposed Methodology 20% Quality & Safety Program 5% Compensation and Fees 50%

Total 100% Company Information Pass/Fail

References Pass/Fail Litigation Pass/Fail HSP Plan Pass/Fail

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

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

http://www.txsmartbuy.gov/vpts

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

i) Confirm the information contained in the proposal

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

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

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

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

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

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

j) Right to Audit: The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the State Auditor’ Office, TFC, or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract awarded.

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

l) Protests: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

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

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

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

iii) character, responsibility, and integrity

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

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

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

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

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

ATTACHMENT A – SERVICES CONTRACT TEMPLATE

Provided as reference material. Do not submit with response.

(TO BE EXECUTED BY TFC AND SELECTED RESPONDENT UPON AWARD)

(Posted on OpenGov and ESBD)

ATTACHMENT B – EXECUTION OF PROPOSAL

Must be completed and returned with response.

ATTACHMENT C – HUB SUBCONTRACTING PLAN

Failure to submit an HSP with Response will result in disqualification.

(TO BE ATTACHED AS “EXHIBIT D” TO SERVICES CONTRACT)

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT D – HUB QUICK INFORMATION

ATTACHMENT E – CARBON BOX AND WASHABLE FILE

INSTRUCTIONS

(TO BE ATTACHED AS “EXHIBIT A” TO SERVICES CONTRACT)

ATTACHMENT F – FACILITIES/FILTER INFORMATION AND

PRICING SHEET

(TO BE ATTACHED AS “EXHIBIT X” TO SERVICES CONTRACT)

ATTACHMENT G – TFC BUILDING LISTING

(TO BE ATTACHED AS “EXHIBIT X” TO SERVICES CONTRACT)

ATTACHMENT H – CONTRACTOR’S QUALIFICATION FORM

ATTACHMENT I – CRIMINAL BACKGROUND CHECKS AND

APPLICATION GUIDELINES

Provided as reference material. Criminal background checks are only required from awarded vendor for staff that will perform services on-site.

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

(TO BE ATTACHED AS “EXHIBIT B” TO SERVICES CONTRACT)

https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms

ATTACHMENT J – PERMIT PARKING FOR GARAGE B

ATTACHMENT K – FAQS SHEET

ATTACHMENT L – OPENGOV SUBMISSION INSTRUCTIONS

ATTACHMENT M – HSP INSTRUCTIONS