Texas General Land Office -i- RFP No. 8399-SJ

TEXAS GENERAL LAND OFFICE

is

REQUESTING PROPOSALS

for

Furnishings for the Stephen F. Austin Building Suites 110, 111, 730, 800 & 1003

REQUEST FOR PROPOSALS NO. 8399-SJ

Class/Item: 425-00, 03, 06, 14, 20, 42, 48, 49, 50, 53 94; 931-45

Release Date: July 13, 2026 Deadline for Submission: August 12, 2026 at 2:00 p.m. CT

Solicitation Point of Contact: Stefanie Jackson, CTCM, CTCD Stefanie.Jackson@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Stefanie.Jackson@GLO.Texas.Gov http://www.txsmartbuy.gov/esbd

Texas General Land Office -ii- RFP No. 8399-SJ

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 Executive Summary

1.2 Definitions

1.3 Authority

ARTICLE II. SCOPE OF WORK

2.1 Scope of Services Requested

2.2 Description of Services and Special Conditions

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

2.3 Service Period and Contract Term

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 Solicitation Response Composition

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 Solicitation Response Submission and Delivery

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 Evaluation Criteria

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

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4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

4.1 Interviews

4.2 Best and Final Offer (BAFO)

4.3 Contract Award

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 Respondent Information

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 Technical Proposal

5.3 Past Projects

5.4 Major Subcontractor Information

5.5 Litigation History

5.6 Veteran-Owned Historically Underutilized Business (VetHUB)

5.7 Conflicts

ARTICLE VI. COST PROPOSAL

6.1 Cost Proposal

ARTICLE VII. TERMS AND CONDITIONS

7.1 General Conditions

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 Insurance

7.2.1 Required Coverages

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7.2.2 Alternative Insurability

7.3 Financial Capability

7.3.1 Financial Capability Review

7.3.2 Annual Reports

7.4 Protest

7.5 Contract Terms and Solicitation Acceptance

7.5.1 Terms and Conditions

7.5.2 Affirmations and Solicitation Acceptance

7.6 Vendor Performance Reporting

7.7 Certificate of Interested Parties

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE .... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

EXHIBIT C. SUBCONTRACTING PLAN ........................................................................... C-1

EXHIBIT D. COST PROPOSAL FORM ............................................................................... D-1

EXHIBIT E. FLOOR PLANS ................................................................................................. E-1

Texas General Land Office -1- RFP No. 8399-SJ

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks a qualified contractor to provide floorplan layout and design, and to supply, deliver, and install Steelcase furniture for offices, modular workspaces, conference rooms, and breakrooms located in the Stephen F. Austin (SFA) Building suites, as detailed in Article II, Scope of Work (the "Project"). The SFA Building is located at 1700 N. Congress Avenue, in Austin Texas.

These specifications are being advertised under Section 2155.067 of the Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award.

The GLO will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation, in accordance with applicable federal, state, and local laws, rules, and regulations and in accordance with terms and conditions outlined in the Sample Contract attached hereto as Exhibit B. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“ADA” means Americans with Disability Act.

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“BAFO” means Best and Final Offer.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract including, without limitation, this Solicitation, including all Exhibits, and all bonds and insurance.

“Contractor” means the Respondent(s) awarded a contract under this Solicitation.

“CPA” means Comptroller of Public Accounts.

http://www.glo.texas.gov/

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“ESBD” means the Electronic State Business Daily, www.txsmartbuy.gov/esbd.

“GLO” means the Texas General Land Office.

“OSHA” means the U.S. Occupational Safety and Health Administration.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“SFA” means Stephen F. Austin Building

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in Articles III and V.

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through 20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“Subcontracting Plan” or “SP” means the subcontracting plan required under 34 Texas Administrative Code §20.285 and the Texas Comptroller of Public Accounts’ Veteran Heroes United in Business Program (“VetHUB Program”) to be submitted with each response to a Solicitation that will result in the issuance of a contract with an expected value of $100,000 or more and for which the GLO has determined subcontracting opportunities are probable. The SP is included in this Solicitation as Exhibit C and must be included with the Solicitation Response.

1.3 AUTHORITY

The GLO is posting this solicitation pursuant to and under Sections 2155, 2156.121 and

2156.122 of the Texas Government Code and Texas Administrative Code Section 20.82

(e) and 20.208.

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ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

Respondents must provide a detailed narrative in their solicitation Responses demonstrating that they possess the experience and ability to provide the commodities and related services described in this RFP. Respondents must indicate if they intend to provide these services in-house, with existing staff, or through subcontracting or partnership arrangements.

2.1.1 Floorplan Layout and Design:

I. Modular Workspaces

A. Steelcase – No brand substitutions may be proposed for the following items:

1. Kick System. Frame/Fieldstone. Surface/Boccie/New Camel P203. 48”H panels with 12"H stackers (mix of fabric and clear glass stackers). 66"H Sliding clear glass doors w/track, no lock (OPTIONAL, depending on space availability)

2. Ology Height Adjustable Table with Active Touch Controller for Modular workstation: top finish-Natural Cherry. Edge finish-Natural Cherry. Base Finish: Textured paint - Black

3. Fixed Laminate Work Surface: Finish-Natural Cherry

4. Pedestals-Fieldstone, 3 drawers (mobile pedestals for ADA compliance as needed)

5. Metal/Fieldstone Locking Overhead Cabinet

B. Additional Items

1. Lamp-60-watt Linear Standalone LED light

2. Vertical Wire Managers - Black

3. Task Chairs

II. Offices - Depending on office size, options can include but not be limited to:

A. Steelcase - No brand substitutions may be proposed for the following items:

1. Elective Elements with Natural Cherry Laminate tops and edge profile

2. Fixed work surface or credenza with w/lateral file and pedestal, with or w/o overhead storage

3. Ology 90° 3 leg HAD (Height Adjustable Desk) with Natural Cherry

Laminate tops and edge profile, cable basket, Active Touch controller, privacy panel, conferencing top, base finish textured black.

4. Mobile pedestal

5. Overhead storage

6. Wardrobe

B. Additional Items

1. Stacking bookcase with 2 drawer lateral base

2. 6-person rectangle or oblong conference table and chairs on casters

Texas General Land Office -4- RFP No. 8399-SJ

3. Small Conference Table and chairs

4. Task Chair

5. Guest Chair

III. Conference Rooms

Flip top stacking conferencing tables with bungee connections or singular conference table, stacking or nesting conference chairs. Finish to be determined.

IV. Break Rooms

Table and chairs

2.1.2 Special Instructions

• Contractor assumes responsibility of assuring fabric and finish is approved by the manufacturer for use on that furniture.

• Contractor shall provide one point of contact for the project who will coordinate delivery, installation, and any other related duties with the Texas General Land Office project manager.

• Deliveries to be made after hours/weekends or as according to Property Management regulations, provided upon award of contract.

• Date of furniture installation to be coordinated with GLO Project Manager. All installation schedules will be coordinated with the designated GLO representative.

• Installation to be completed during regular business hours. Monday through Friday, 8:00 am to 5:00 pm.

• All flooring must be covered and protected during installation of furniture.

• Contractor is responsible for any damages to walls, ceilings, floors, etc. that are damaged as a result of furniture delivery and installation.

• Contractor is responsible for the removal of all packaging materials off-site. On site dumpsters are not available for use.

• Contractor will be responsible for warranty issues and warranty information.

• Warranty: Upon completion of the work and final acceptance by the GLO, Contractor shall furnish the GLO with the maximum available manufacturer’s warranty on installed products.

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, personnel, disposal costs, permits, licenses, and any other expenses necessary to perform the services requested in this

Texas General Land Office -5- RFP No. 8399-SJ

Solicitation and complete the Project. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

2.2.2 OSHA Compliance

In its Solicitation Response, Respondent must affirm that it will observe the laws, rules, and regulations governing Occupational Safety and Health Standards, as published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

The awarded Respondent is responsible for providing all employees with Personal Protective Equipment (PPE) when performing work under the resulting contract.

2.3 SERVICE PERIOD AND CONTRACT TERM

Any contract resulting from this Solicitation shall be effective as of the date executed by the last Party (the “Effective Date”), and shall remain in effect through August 31, 2027, subject to the conditions set forth herein or unless terminated early under the terms and conditions of the contract.

The GLO, at its own discretion and subject to applicable limitations in the General Appropriations Act and other law, may extend any contract awarded pursuant to this Solicitation, not to exceed a maximum of five (5) years, upon mutual written agreement of the parties and in accordance with the Contract.

The selected Contractor shall be bound to specific terms and conditions found in Exhibit B, the GLO’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posted to ESBD

July 13, 2026

Mandatory Pre-Proposal Conference and Site Tour July 21, 2026 at 1:00 p.m. CT

Deadline for Submission of Questions July 22, 2026 at 5:00 p.m. CT

Answers to Questions Posted to ESBD July 29, 2026

Deadline for Submission of Solicitation Responses

August 12, 2026 at 2:00 p.m. CT

Evaluation of Responses August 19, 2026 to September 19, 2026

Notice of Intent to Award

September 30, 2026

Contract Development & Execution December 15, 2026

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name Stefanie Jackson, CTCM, CTCD

Texas General Land Office -7- RFP No. 8399-SJ

Address 1700 N. Congress Ave., Austin, Texas 78701 Email Stefanie.Jackson@GLO.Texas.Gov

Notwithstanding the above, Respondents may direct questions about the state’s Veteran-Owned Historically Underutilized Businesses (VetHUB) Program or Subcontracting Plans (SPs) to the GLO VetHUB Team contacts listed in Section

5.6 of this Solicitation.

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Submissions that deviate from the format prescribed below may not be accepted. Questions must be submitted in the following format:

a) Identifying Solicitation number in email subject

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

The GLO will respond to accepted questions in writing, posted to the ESBD at:

http://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Stefanie.Jackson@GLO.Texas.Gov http://www.txsmartbuy.com/

Texas General Land Office -8- RFP No. 8399-SJ

3.2.5 Pre-Proposal Conference and Site Tour - MANDATORY

The GLO will conduct a mandatory Pre-Proposal Conference and Site Tour on July 21, 2026, at 1:00 pm (CT) at the SFA Building. Vendors will be responsible for taking measurements during tour.

All Respondents are required to attend. The GLO will not accept Responses from entities that do not attend.

Visitors must sign in at the reception desk at the front entrance (facing Congress to the east) of the SFA building. The front entrance can be reached by accessing the building grounds from the north (18th Street) or south (17th Street) and walking around the building to the east.

Limited metered street parking is available; pay parking is available at the Bob Bullock State History Museum parking garage located on 18th St. between N.

Congress and Colorado St.

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ link provided in Section 3.4.3:

a) One Proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled “RFP 8399-SJ Furnishings at SFA (Respondent Name)_Part 1”;

b) One Subcontracting Plan, submitted as one .pdf file titled “RFP 8399-SJ

Furnishings at SFA (Respondent Name)_Part 2”;

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions Respondent attaches to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

Respondent(s) will be assumed to have studied the plans and specifications, visited the proposed work site, and to have understood all existing conditions and measurements. Respondent(s) shall include in its Cost Proposal a bid amount sufficient to complete the Project, taking into account all costs, including, but not limited to, all permits and fees.

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3.3.2 Solicitation Response Format

For ease of evaluation, Respondent must present its Solicitation Response in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Proposals are recommended not to exceed 25 pages in length. Exhibit A, Affirmations and Solicitation Acceptance, Exhibit C, Subcontracting Plan, signed acknowledgments of Addenda, past projects, résumés, and the Cost Proposal Form are considered supporting documentation and are not included in the page limit.

The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be uploaded to Box.com using the Box™ link provided in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ will time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: RFP 8399-SJ Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses to Box.com using the following Box™ link:

Box Link: Upload Here

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

https://txglo.app.box.com/f/9b9d8fab9acc45189be315ff968a98a1

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Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

Texas General Land Office -11- RFP No. 8399-SJ

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code. The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas. “Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, Sections 2155.074 and 2156.007.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of the Project may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have been in office furnishings/installation business for a minimum of five (5) years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided office furnishings and installations for a minimum of five (5) years;

4.1.2.2 Respondent must be a registered entity with SAM.gov (System for

Award Management) with an active Unique Entity Identifier (UEID) or the ability to obtain a UEID prior to contract execution;

and

4.1.2.3 Respondent must be financially solvent and adequately capitalized.

4.1.3 Selection Criteria

The GLO will evaluate and score Solicitation Responses consistently in accordance with the following criteria:

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4.1.3.1 Cost Proposal (40%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and proposed staff (30%);

4.1.3.3 Proposed methodology and schedule for completion of the Project

(25%); and

4.1.3.4 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact past projects provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

It is the intent of the GLO to award a contract to the Respondent(s) determined to be ‘best value’. GLO reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award. An evaluation committee will be established to evaluate the responsive submittals. The committee will include employees of GLO and may include other impartial individuals who are not GLO employees. By submitting a response to this RFP, 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. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. When considering best value and award, GLO reserves the right to set a minimum requirement regarding the weighted criteria listed in par. 4.1.3 above.

4.1 INTERVIEWS

The GLO may, but is not required to, conduct oral interviews with some or all respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible twenty (20) points.

The score received for the oral interview will be added to the score received from the evaluation of a Respondent’s written proposal.

Respondents will be provided with notice of any such interview and an agenda will be provided to interviewees prior to the interview. Interviewees are responsible for their own presentation equipment. Failure to participate in the requested interview shall eliminate a

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Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the interview.

4.2 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive. The GLO will accord Respondents fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO will not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

4.3 CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. A Notice of Intent to Award will be sent to the selected Respondent. Any award is contingent upon the selected Respondent’s successful submission and demonstration of financial solvency and adequate capitalization as described in Section 7.4, Financial Capability; the successful negotiation of final contract terms; and upon approval of the GLO Chief Clerk.

Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If a potential awardee is determined to be not financially solvent or adequately capitalized, or if contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e. parent company, Affiliate, Joint Venture, subcontractor) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under whose laws the company is organized and the date of organization;

c) The location of the company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in the company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of the Respondent’s point of contact for any resulting contract under this Solicitation; and

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f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the State of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Contractor shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Contractor shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors and not employees of Respondent may also qualify as subcontractors. Please evaluate your Key Staffing Profile and VetHUB Subcontracting Plan accordingly.

Respondent shall use only licensed subcontractors as required by the State of Texas, Texas Department of Licensing and Regulation (TDLR).

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, schedule milestones, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three non-GLO completed projects of similar type and size performed within the last five (5) years, preferably for federal, state and/or local government entities. Information provided shall include:

a) Client name;

b) Project description;

c) Total dollar amount of project ;

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d) Total project duration .;

e) Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f) Client project manager name, telephone number, and e-mail address.

5.4 MAJOR SUBCONTRACTOR INFORMATION

Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor the Respondent intends to utilize in performance of the work must also be included in the Respondent's Subcontracting Plan. If a major subcontractor will not be utilized for this Project, so indicate in the appropriate section of the Solicitation Response.

5.5 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.).

Failure to comply with the terms of this provision may disqualify any Respondent.

Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.6 VETERAN-OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

The GLO is committed to promoting business opportunities for State of Texas certified VetHUBs in compliance with 34 TAC §20.285 and 31 TAC §3.30, and the GLO

Texas General Land Office -17- RFP No. 8399-SJ accordingly makes a good-faith effort to increase VetHUB participation in its contracts by contracting directly with VetHUBs or indirectly through subcontracting.

The State of Texas Subcontracting Plan form is included with this Solicitation as Exhibit C. A Solicitation Response that does not contain a Subcontracting Plan (SP) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the SP was not developed in good faith.

Please refer to the cover letter included with Exhibit C for specific instructions for locating potential VetHUB subcontractors utilizing the state’s Centralized Master Bidders List

(CMBL).

Respondents may direct questions about SPs or the VetHUB Program to the Business Assistance and Outreach Team contacts listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Stella Roland Vonda White Stella.Roland@GLO.Texas.Gov Vonda.White@GLO.Texas.Gov

512.463.7201 512.947.6441

5.7 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

mailto:Stella.Roland@GLO.Texas.Gov mailto:Vonda.White@GLO.Texas.Gov

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ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal located in Exhibit D, Cost Proposal Form, and return it with the other documents required for this Solicitation.

The Cost Proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting Contract.

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ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure of that

Texas General Land Office -20- RFP No. 8399-SJ information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, 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.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO.

Respondent shall make any information required under the PIA available to the GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual

Texas General Land Office -21- RFP No. 8399-SJ obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

If the GLO determines that a Contractor is not meeting performance requirements, deliverable standards, schedule obligations, or other contractual responsibilities under any contract that results from this Solicitation, the GLO may, at its sole discretion, require the Contractor to develop and implement a written corrective action plan.

7.2 INSURANCE

For the duration of any contract resulting from this Solicitation, Contractor must acquire and maintain insurance with financially sound and reputable insurers licensed by the Texas Department of Insurance in the type, and form required by the contract (refer to Exhibit B, Sample Contract, Attachment C Required Insurance) and for the coverage amounts indicated below. Contractor must submit to the GLO certificates of insurance and other documents necessary to establish to the GLO’s satisfaction that Contractor carries the types and amounts of insurance specified in the contract. If the insurance needs change or the GLO determines any policy does not comply with the terms of the contract, Contractor must secure such additional policies or coverage that the GLO may reasonably request or that are required by law or regulation. If coverage expires during the term of this contract, Contractor must submit renewal certificates to the GLO evidencing continuity of coverage.

7.2.1 Required Coverages

a) Commercial General Liability – Occurrence: $1,000,000

1. Commercial General Liability – Aggregate: $2,000,000

2. Contractor’s Pollution Liability: $500,000

Texas General Land Office -22- RFP No. 8399-SJ

b) Workers Compensation & Employers Liability

1. Contractor must maintain Workers' Compensation insurance coverage in accordance with statutory limits.

2. Workers Compensation: Statutory Limits

3. Employers Liability: Each Accident $1,000,000

4. Disease - Each Employee $1,000,000

5. Disease - Policy Limit $1,000,000

6. This website (coverage starts with Chapter 406 of the Labor Code) addresses what Texas requires of Workers Compensation:

http://www.tdi.texas.gov/wc/act/index.html

c) Commercial Automobile Liability – coverage of $1,000,000 Combined Single Limit

The required coverage is to be written with companies licensed in the State of Texas, with an “A-” rating or better from A.M. Best, and authorized to provide the corresponding coverage. Work on any contract shall not begin until after Contractor has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

7.2.2 Alternative Insurability

Notwithstanding the preceding, the GLO reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the GLO alternative methods of insuring the contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The GLO shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

7.3 FINANCIAL CAPABILITY

7.3.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee’s demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee’s acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

• Annual Reports, as described in Section 7.4.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and http://www.tdi.texas.gov/wc/act/index.html

Texas General Land Office -23- RFP No. 8399-SJ

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity’s accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio

• Quick ratio

• Cash ratio

• Solvency ratio

• Debt to Equity ratio

• Capitalization ratio

• Debt ratio

• Operating Profit Margin

• EBIT/Tangible Net Assets

• Return on Assets

• Return on Equity

• Receivables Turnover ratio

• Average Collection Period

• Inventory Turnover ratio

• Days Sales of Inventory

• Altman Z-score

A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

7.3.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit annual reports that include:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit annual reports that include:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

Texas General Land Office -24- RFP No. 8399-SJ

3) A full disclosure of any…