ESBD_539625_1784324353684_7 - Final Solicitation.pdf

ARTICLE 1 – GENERAL OVERVIEW AND EXECUTIVE SUMMARY

AUSTIN COMMUNITY COLLEGE (ACC) DISTRICT is soliciting a Request for Qualification (RFQ) from qualified and interested firms for Geotechnical and Construction Materials Testing (CMT) Engineering Services, Indefinite Delivery, Indefinite Quantity (IDIQ) in accordance with Solicitation #925-26-281-00-S-AB-RFQ.

ACC Administration is responsible for the following responsibilities with respect to the selection of service providers for the proposed services:

• Serve as the primary/first contact with all external professionals who may be contracted for these projects;

• Develop and publicize scope of solicitation and evaluation criteria for selection of engineering services firms for geotechnical and construction materials testing;

• Submit rankings of respondents to the solicitation evaluation committee for evaluation selection and approval; and,

• Serve as contact and in oversight role throughout the procurement process.

Selection Process: The RFQ is a two (2) step process for selecting qualified Geotechnical and Construction Materials Testing (CMT) Engineering firms, which includes the following in accordance with Article 6.2:

• Step 1: Evaluation of Requests for Qualification (RFQ) Statements of Qualification Responses from interested firms/respondents to determine the competitive range among all respondents for potential award of a contract; and,

• Step 2: After evaluation and identification of the most highly qualified respondents and approval by ACC's Board of Trustees, ACC will attempt to negotiate a contract at a fair and reasonable price in accordance with ARTICLE 6 of this solicitation.

ARTICLE 1.1 Authority

ACC is soliciting the proposed services (or goods) listed herein under Texas Education Code, Chapter 44, Subchapter B, Section 44.031(f), Texas Government Code Section 2269, Texas Government Code, Section 2254.004, and ACC’s Board Policy CF (Local).

ARTICLE 1.2 College Information

The Austin Community College District (ACC) is a public community college system serving the Austin, Texas, metropolitan area and surrounding Central Texas communities. ACC was founded in 1972 as part of the Austin Independent School District and began offering classes in fall semester 1973. ACC is one of the largest community college systems in Texas and in the United States. The College maintains 11 campuses, 2 centers, and distance learning options to serve about 70,000 students annually in academic, workforce, continuing education and adult education programs. ACC offers associate degrees and career/technical certificate programs in more than 100 areas of study as well as four bachelor’s degree programs. Most courses taken within the District are meant to apply to associate degrees, which help students qualify for jobs or can be transferred to four-year institutions.

The College’s legislatively designated service area encompasses six counties: Bastrop, Blanco, Caldwell, Hays, Travis, and Williamson.

The College is primarily supported by ad valorem taxes, tuition and state appropriations. ACC’s website is at http://www.austincc.edu.

http://www.austincc.edu/

Historical and demographic information about ACC can be viewed by accessing the link below to the ACC Fact Book: https://oira.austincc.edu/data-and-reports/factbook/.

ARTICLE 1.3 Point of Contact Information

All requests, questions or other communication about this solicitation shall be made in writing to the ACC Procure to Pay (P2P) Department addressed to person listed below:

• Name: Anthony Barron

• Title: Buyer, ACC P2P Department

• Address: 6101 Highland Campus Drive, Austin, TX 78752

• Phone: (512) 223-1039

• E-Mail: anthony.barron@austincc.edu

ARTICLE 1.4 Prohibited Communication

On issuance of this solicitation, except for the written questions and requests for clarification described in the solicitation, ACC, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this solicitation with any potential respondents or their representative(s).

Attempts by potential respondents to ask questions by phone, email, or in person of other representatives other than the point of contact for this solicitation will not be allowed or recognized as valid. Respondents shall rely only on written statements issued by or through the College's designated staff as provided in this solicitation.

Prohibited communication includes any attempts to contact or notify any ACC agent (reference Exhibit C-1) during the procurement process and prior to award of the resulting contract.

This restriction does not preclude discussions between affected parties to conduct business unrelated to this solicitation.

Failure to comply with these requirements may result in disqualification of respondent's proposal.

ARTICLE 1.5 Clarifications

Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in the solicitation in the manner and by the deadline for submitting questions.

If a respondent fails to timely and adequately notify the point of contact of such issues, the respondent submits its proposals at its own risk, and if awarded a contract:

1. shall have waived any claim of error or ambiguity in the solicitation and any resulting contract,

2. shall not contest the interpretation by the College of such provision(s), and,

3. shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

ARTICLE 1.6 Questions and Responses

Questions or comments concerning this solicitation must be submitted in writing to the ACC’s Point of Contact, by no later than the date and time indicated in Procurement Schedule of Events.

https://oira.austincc.edu/data-and-reports/factbook/ mailto:anthony.barron@austincc.edu

Responses to questions or other written requests for clarification will be communicated via an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable. ACC reserves the right to amend answers before the deadline of the solicitation’s responses. It is the respondent's responsibility to contact the Point of Contact for updated responses.

ACC also reserves the right to determine or decline to answer any question or questions or to provide a single consolidated response of all matters they choose to respond in any manner at the sole discretion of the College. If ACC, in its sole discretion, determines that questions necessitate a change to this solicitation, the change will be reduced to writing in the form of an addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable.

ARTICLE 1.7 Procurement Schedule

The following table documents the critical pre-award events for the solicitation:

Procurement Schedule

Event Dates

Solicitation Release Date July 17, 2026

Solicitation Conference: 10:30 a.m., Central Standard Time (CST) July 28, 2026

Deadline for Questions: 12:00 p.m., CST July 29, 2026

Issuance of Addendum, or via Workday Strategic Sourcing (WSS) “Message Center”, as applicable.

July 31, 2026

Withdrawal of Solicitation (Same date as the due date/closing): 12:00 p.m., CST

August 7, 2026

Step 1: Solicitation Response Due Date/Closing Date: 12:00 p.m., CST August 7, 2026

ACC will be CLOSED in observance of Labor Day September 7, 2026

Board of Trustees (BOT) Approval, as applicable September 14, Step 2: Respondent(s) in Competitive Range Notified of Selection for Step 2 Process and Contract Negotiations

September 17, Contract Award October 19, 2026

Anticipated Contract Start Date October 26, 2026

Note: The dates identified are a tentative schedule of events. ACC reserves the right to modify these dates at any time upon notice and at the discretion of ACC, which will be posted to its website, via addenda.

ARTICLE 1.8 Solicitation Conference

ACC will host an optional solicitation conference on Tuesday, July 28, 2026 at 10:30 a.m., CST on Zoom via link below:

• https://austincc.zoom.us/j/84562675795?pwd=qVBAVaVnT6ubJOScuVYaCkTBqrE52p.1

• Meeting ID: 845 6267 5795

• Password: 986757

• TOLL-FREE CALL-IN NUMBER: +1 253-205-0468

Respondents may email questions for the conference to the Point of Contact (reference Article 1.3) no later than five (5) days before the conference. ACC will allow respondents to submit written questions at the conference.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the sole point of contact identified in the solicitation at least 72 hours before the meeting so appropriate arrangements can be made.

ACC will attempt to respond to questions at the conference, but responses are not official until posted in the Addendum. ACC reserves the right to amend answers before to the proposal submission deadline.

ARTICLE 2 – PROJECT OVERVIEW

ARTICLE 2.1 Mission Statement and Objective

The primary mission of ACC’s P2P Department is to acquire the highest quality of goods and services in a timely manner that provide the best value to ACC, and to assure that the procurement function is conducted for effective college operations and in accordance with applicable Federal and State laws, and ACC policies.

ARTICLE 2.2 Mission Objectives

ACC’s objectives of this solicitation are to establish Indefinite Delivery, Indefinite Quantity (IDIQ) contracts with the State of Texas-licensed engineering firms who specialize in geotechnical and construction materials testing (CMT) services. The College seeks Texas-licensed engineering firms with demonstrated experience in geotechnical and CMT to ensure that every ACC project is protected through verified quality-assurance processes prior to project commencement and through project completion. Required services must provide a low-cost, high-impact investment that strengthens ACC’s ability to deliver projects on time, on budget, and to standard. The types of projects may include, but are not limited to new construction, building renovations, foundation interfaces, and/or parking lots.

ARTICLE 2.3 Description of Services/Scope of Work (SOW)/Specifications

The Scope of Work (SOW) will vary in complexity from project to project. ACC’s Campus Planning, Construction and Sustainability (CPCS) Division will issue the scope for the specified project(s).

ACC maintains twelve (12) active campuses, two (2) land banks, and one (1) service center. ACC campuses are located throughout the greater Austin metropolitan area, and surrounding counties. The smallest campus is 94,000 square feet (SF) and the largest is two (2) million SF, with buildings ranging from 6,000 SF to 550,000 SF. Some buildings originally date back to 1915, with the newest https://austincc.zoom.us/j/84562675795?pwd=qVBAVaVnT6ubJOScuVYaCkTBqrE52p.1 building that opened in 2018. Additionally, in April 2026, ACC acquired new property in southeast Travis County, adding approximately 560,000 SF.

ACC seeks Texas-licensed engineering firms with demonstrated expertise in geotechnical and CMT engineering services. The qualified professional firm will render services to ACC as needed, with no minimum or maximum number of services specified. The qualified professional firm must be prepared to assign at least one (1) person with significant project and management experience to serve as the primary point of contact to ACC for all potential work assignments.

ARTICLE 2.3.1 Geotechnical and Construction Materials Testing (CMT) Engineering Service Requirements

ACC will select professional engineering firm(s) for a specific work assignment depending on the needs of the District. A work order authorization will be issued to the firm(s), which will specify the work assignment location, contract time, required services, and other required documentation. The contract documents shall consist of all applicable ACC standard details and project-specific details to ensure the firm's comprehensive delivery of each required work assignment.

1. The selected firm(s) is required to meet ACC’s CPCS Project Manager or Designated Representative on location to discuss the details of each potential work assignment. The final scope of work assignment will be determined at that time.

2. Each work assignment must be finally completed within the time line established by ACC’s CPCS Project Manager or Designated Representative for each assignment. ACC’s CPCS Project Manager will consult with the selected service provider regarding the duration of each work assignment, but the ACC CPCS Project Manager will have the ultimate discretion on the duration of the assignment, which shall be reasonably determined. Work must continue through successive working days and approved working hours.

3. Upon award, the selected firm(s) can expect the following as part of a project:

a. Scope of Work – A scope of work will be provided by the CPCS Project Manager or Designated Representative for each project and will be provided to the design team prior to initiating work in accordance with Article 2.6 Work Order Authorization Process.

b. Budget – The proposed budgets will be set by the CPCS Project Manager or Designated Representative for each project and provided to the design team prior to initiating work.

c. Schedule – Proposed schedules will be set by the CPCS Project Manager or Designated Representative for each project and provided to the design team prior to initiating work. In most cases, schedules will be determined by the academic calendar or constrained by specific needs of the end-user. Firms will be expected to work within the schedule constraints they’ve been given.

d. Project Limits – There is no assurance implied that any firm would receive a certain dollar value of projects.

e. Report – Firm will provide all services, reports, and products offered in its proposal and as requested by ACC.

The selected firms will also participate in periodic site visits, construction observations, and technical review meetings to support project execution, ensure quality assurance, and validate compliance with design intent and in accordance with ACC’s Design Guidelines and Construction Standards (reference

Exhibit F - ACC's Design Guidelines and Construction Standards), ensuring alignment with ACC’s requirements, industry standards, and all applicable codes and regulations.

ARTICLE 2.4 Overview of Proposed Engineering Services Performance Requirements

The integrated geotechnical and CMT engineering services firm will support design accuracy, construction quality, and code compliance across ACC projects.

Geotechnical investigation may include, but is not limited to, the following:

1. Perform soil borings at locations designated by the structural engineer;

2. Conduct laboratory testing to determine soil properties and behavior; and,

3. Develop foundation and pavement design recommendations.

ARTICLE 2.4.1 Overview of Proposed Engineering Services Testing and Reporting Requirements

Emphasis will be placed on evaluating expansive soils and settlement risks, which are common to Central Texas, and findings must include comprehensive reports issued to provide the ACC CPCS Project Manager or Designated Representative with criteria necessary for structural system design.

Services will continue into construction phase(s) and through final field verification and must include documented recommendation narratives to confirm that actual subsurface conditions align with design assumptions.

Construction Materials Testing (CMT) may include, but is not limited to, the following:

1. Ongoing quality assurance through soil compaction and earthwork verification;

2. Testing of concrete, masonry, and structural steel;

3. Inspection of welding and bolting;

4. Testing of fireproof density;

5. Testing of asphalt and pavement; and,

6. Inspection of utility trenching and backfill to prevent future settlement or failures.

ARTICLE 2.4.2 Special Inspection Requirements

Special inspections will be performed to verify that critical structural systems, including reinforced concrete, structural steel, masonry, and soils, are constructed in compliance with approved documents, with all required documentation provided for permitting and closeout.

Collectively, these services reduce the risk of unforeseen subsurface conditions, minimize change orders, improve construction quality through real-time verification, ensure regulatory compliance, and protect the long-term performance and lifecycle value of ACC facilities. Approval is recommended to procure these services under an IDIQ structure to provide consistent, scalable support across the capital program. All work performed must comply with existing federal, state, and local codes, statutes, and requirements.

ARTICLE 2.5 Minimum Requirements

All respondents must complete the questionnaire in Workday Strategic Sourcing (WSS) to be evaluated for responsiveness and compliance with minimum qualifications.

Qualified firms must meet the following minimum requirements, including but not limited to, the following:

1. Demonstrated financial resources in response to the solicitation requirements, and as required during the performance of any resulting contract;

2. Compliance with the necessary performance schedule(s), taking into consideration all existing business commitments;

3. Demonstrated record of past performance;

4. Demonstrated ability to provide necessary personnel and management capability to perform all required services; and,

5. Demonstrated qualifications as an established firm regularly engaged in the type of business necessary to fulfill the contract requirements, and licensed and registered with the Texas Board of Professional Engineers and Land Surveyors (PELS) within the State of Texas to provide professional engineering services; Reference PELS website: https://pels.texas.gov/.

ARTICLE 2.6 Work Order Authorization Process

During the term of any contract awarded under this solicitation, ACC may request the awarded firm(s) to perform certain tasks as described above, subject to specific work authorization in the form of a general work order (“Work Order”) for the proposed services. All work orders shall be in writing, signed by both parties, and shall include a scope of services, a list of tasks to be performed by the awarded firm(s), a time schedule, a detailed list of deliverables, and such other information and/or special conditions as necessary for the work requested. When applicable, all firms must consider the inclusion and use of Small Local Business Enterprises (SLBEs) in accordance with ACC’s SLBE Requirements (reference ARTICLE 3 - SMALL LOCAL BUSINESS ENTERPRISES).

ARTICLE 2.7 Reimbursable Expenses

As part of Step 2, in-district mileage, lodging, transportation, meals, and other related travel expenses must be included in the selected firm's rates and fees with the proposed geotechnical and CMT engineering services. Printing for in-house reviews and/or drafts must also be included in the firm's rates and fees and will not be allowed as a reimbursable expense.

The selected firm(s) may add a cost multiplier on their sub-consultant(s) proposal(s). The respective sub-consultant(s) must also abide by the prime firm's reimbursable requirements. Out-of-district design firms and/or sub-consultants and related project expenses must be included in the selected firm's rates and fees.

ACC will not negotiate or reimburse any incidental expenses under the resulting contract. If a project requires the selected firm's design team to travel or create exhibits as part of the scope of work, the firm must have prior written approval by ACC's CPCS Project Manager before embarking on that request.

ARTICLE 3 – SMALL LOCAL BUSINESS ENTERPRISES

ARTICLE 3.1 Small Business Development Program (SBDP)

The Small Business Development Program (SBDP) was established to provide a race- and gender-neutral program for the College to utilize in its efforts to ensure that all segments of its local business community have a reasonable and significant opportunity to participate in contracts.

https://pels.texas.gov/

According to ACC’s Board Policy CF (Local), ACC is committed to maximizing the vitality and robustness of the economy of the College’s service area through enhanced opportunities for the utilization of Small Local Business Enterprises (SLBE) as defined within the SBDP.

Respondents may contact the SBDP Office at SBDP@austincc.edu for assistance or clarification with issues specifically related to ACC Policy, the completion of SLBE forms and related reports, by the terms of the contract, and/or by ACC Policy (Reference Exhibit B, SBDP Information). The suppliers’ plan will be reviewed to assess the strength of proposed SLBE participation on the respondent’s team and to ensure compliance with SBDP by other firms performing on a project under the respondent’s supervision.

ARTICLE 3.2 SLBE Participation

To confirm the best characterization of your firm, all respondents must complete Exhibit B-1 in Workday Strategic Sourcing (WSS) that confirms their eligibility as a certified SLBE or Veteran Historically Underutilized Business (VetHUB) within ACC's taxing district.

The respondent is required to use its best efforts to assist ACC in achieving this objective by providing maximum opportunities for SLBEs to participate on its team(s) and by using its best efforts to encourage the use of SLBEs by other suppliers and subcontractors whenever possible. Suppliers are required to provide a plan describing their actions to utilize SLBEs in all phases of the contract by completing Exhibit B-2 in WSS.

During the term of the contract, ACC shall regularly monitor SLBE participation to determine if it continues to meet or exceed the provisions specified in the contract. If the selected supplier is deemed not to have made a good faith effort to comply with the requirements of the original solicitation. ACC shall report nonperformance relative to its contracts to the Comptroller per its vendor performance tracking system (VPTS) of the Texas Government Code, Section 2262.055.

ARTICLE 4 – AWARD OF CONTRACT

The award shall not be made upon the opening of qualification statements but at a time as soon thereafter as may be necessary to evaluate proposals and to obtain Board of Trustee authorization, if required. The provisions, terms, and conditions of this solicitation shall become a part of any subsequent contractual documents. Failure of the successful respondents to accept this obligation may result in the cancellation of any recommendation to award.

Notwithstanding the above, this solicitation does not commit ACC to contract for any requirements detailed in this document.

ARTICLE 4.1 Contract Type

ACC intends to award a contract(s) to the qualified firm(s) whose proposal, conforming to the conditions and requirements of this solicitation, is determined to offer the best value to ACC. Any award is contingent upon approval of the ACC Board of Trustees.

If for any reason, a final contract cannot be executed with a respondent selected for an award within 120 days after the opening of the proposals in accordance with the solicitation process, then ACC may, when applicable, select or negotiate a contract with the next most highly qualified respondent(s), or withdraw the solicitation.

ARTICLE 4.1.1 Disclosure of Interested Parties - Texas Ethics Commission (TEC) Form 1295 mailto:SBDP@austincc.edu

All respondents must complete the Form 1295 Certificate of Interested Parties which is located on the TEC website https://www.ethics.state.tx.us/filinginfo/1295/ for certain contracts with a value of $1 million or more, that require an action or vote by a governing body, or are for services that would require a person to register as a lobbyist under Chapter 305 of the Texas Government Code. Before contract award, the supplier must submit to Austin Community College District (ACC) a completed and signed form with the certificate number and date.

Respondents are required to acknowledge the requirement for Disclosure of Interested Parties – Texas Ethics Commission Form 1295 with their solicitation response to Austin Community College District (ACC).

ARTICLE 4.2 Contract Elements

The term "contract" means the contract awarded as a result of negotiations as identified in this solicitation and all exhibits thereto. At a minimum, the following documents will be incorporated into the contract:

• this solicitation and all attachments and exhibits;

• any modifications, addendum, or amendments issued in conjunction with this solicitation;

• ACC's Term and Conditions; and,

• the successful respondent's complete proposal.

ARTICLE 5 – BUSINESS PROPOSAL

Please complete the following components of your bid submission included in this digital RFQ event:

• WSS Questionnaire

• Required documents:

1. Completed and signed Certification Form (Exhibit A);

2. Completed SBDP Forms (Exhibits B-1, and/or B-2), as applicable;

3. Respondent’s Affidavit of Non-Collusion (Exhibit C-1);

4. Conflict of Interest Questionnaire (Exhibit C-2);

5. Certification - Provisions of the Texas Government Code, Sections 2271.002 and 2274.002 (Exhibit E);

6. Proof of Insurability in accordance with ACC’s Terms and Conditions set forth in this solicitation as:

o Respondent must demonstrate they have the appropriate general liability insurance as set forth in ACC’s Terms and Conditions. Specify the bond, professional liability, or comparable insurance coverage maintained by the company. Certification of bond, when the application must be presented within ten (10) calendar days of notification.

o Respondent must show evidence of possessing Workers’ Compensation Insurance as required by law.

https://www.ethics.state.tx.us/filinginfo/1295/ o Verification that the firm has completed the online Vendor Registration with ACC on their portal link: https://austincc.edu/sbdpvendor and provided supporting documentation including but not limited to IRS W-9, Request for Taxpayer Identification Number and Certification (see irs.gov).

7. Provide evidence of licensure by appropriate state board, if applicable.

8. Signed Addendum/Addenda, when applicable.

ARTICLE 6 – BUSINESS PROPOSAL EVALUATION

The ACC Board of Trustees has delegated ACC P2P department to select the following criteria for evaluating firms to provide geotechnical and construction materials testing engineering services as part of the overall contracting process.

Proposals will be evaluated in accordance with Texas Education Code, Chapter 44 Section 44.031, the Texas Government Code Section 2269, and the Texas Government Code, Section 2254.004 to contract from this solicitation for the proposed services as follows:

• An evaluation committee will conduct evaluations of the submitted proposals.

• Any response that takes exception to any mandatory item(s) in this solicitations process may be rejected and not considered. Any response to the solicitation that does not include a response to all the required information may also be rejected and not considered.

• A notation of “Not applicable” or “N/A” as appropriate will be considered a valid response.

ARTICLE 6.1 Evaluation and Selection

• ACC will review submissions of proposals and select finalists based upon the listed evaluation criteria. ACC reserves the right, at its sole discretion, to accept the proposal, which it considers most favorable to the College's interest.

• ACC reserves the right to negotiate and to request oral presentations from any one or all qualified respondents. ACC reserves the right to accept or reject any qualified proposal, to reject any and all proposals, and to waive minor informalities.

• ACC will use a formal evaluation process to select the successful respondent. ACC will consider capabilities or advantages that are clearly described in the proposal, which may be confirmed by oral presentations, site visits, demonstrations, and references contacted by ACC. ACC reserves the right to contact individuals, entities, or organizations that have had dealings with the respondent or proposed staff, whether or not identified in the proposal.

• ACC will more favorably evaluate proposals that offer no or few exceptions, reservations, or limitations to the terms and conditions of the solicitation, including the ACC’s Terms and Conditions.

ARTICLE 6.2 Evaluation Criteria

ACC will evaluate proposals based on demonstrated competence, knowledge, and qualifications for the services for the selection process. To evaluate these criteria, ACC will administer the following steps for the evaluation and selection process:

https://austincc.edu/sbdpvendor http://www.irs.gov/

Step 1: Respondents who submit timely responses to this RFQ will be evaluated by the evaluation committee and ranked in accordance with the scores received based on the selection process in Article 6.2.1.

Step 2: After evaluating and identifying the most highly qualified respondent(s) in Step 1, in accordance with Article 6.2, ACC will notify the qualified respondent(s) and then attempt to negotiate a contract at a fair and reasonable price.

As part of Step 2, only selected respondents will be notified by the Buyer of Record to submit all proposed Rates and Fee schedules, and the TEC Form 1295 certification, which must be submitted in a separate email marked “Rates and Fee Schedules” on the date identified in the Procurement Schedule (reference Article 1.7).

ARTICLE 6.2.1 Selection Process

Step 1: Evaluation of Qualification Statements

Respondents who submit timely and responsive qualification statements to this RFQ will be evaluated and ranked based on the competitive range of scores among all respondents based on the criteria and weights listed below:

1. Past performance and the successful experience of the respondent in the last five (5) years in the successful implementation of the proposed engineering services to other community colleges, institutions of higher education and other governmental and public entities, etc. (35%);

2. Overall qualifications and experience of proposed staff, key personnel and overall team on recent projects in the delivery of the geotechnical and construction materials testing services (25%);

3. Quality of the respondents’ proposal of the services defined to which the services meet ACC’s needs (25%); and,

4. Business organization, references, litigation, and responsiveness of the proposal submittal (15%).

The evaluation committee(s) will conduct evaluations of the submitted RFQ responses and will consider the identified factors and the weight associated with the identified criterion in reaching the committee's final ranking for the respondents who have submitted proposals.

Step 2: Negotiation of Contract

After evaluating and identifying the most highly qualified respondent(s) in accordance with Article 6.2, ACC, after receiving ACC Board of Trustees approval, will notify the most highly qualified/selected respondent(s) to attempt to negotiate a contract(s). If contract negotiations are not successful, ACC shall:

1. formally end negotiations with that respondent;

2. select the next most highly qualified respondent; and,

3. attempt to negotiate a contract with that respondent.

ACC shall continue this process to select and negotiate with the most highly qualified respondent(s) until a contract is entered into in accordance with the Texas Government Code, Section 2254.004.

ARTICLE 6.3 SLBE Participation for Evaluations

In accordance with ACC’s Board Policy CF (Local), ACC is committed to maximizing the vitality and robustness of the economy of the District’s service area through enhanced opportunities for the utilization of SLBEs as defined within the SBDP.

ACC’s internal goal for SBDP participation is 30% or more for all its contracts. All respondents have the opportunity to participate in the SBDP by maximizing inclusion of SLBEs in the respondent's utilization plan (reference Exhibit B-2); and are encouraged to make a good faith effort to assist ACC in achieving this objective through providing maximum opportunities through the use of SLBEs by other vendors, suppliers, professionals, and subcontractors when possible.

In conjunction with the criteria for evaluation, in this section, respondents will have the opportunity to receive percentage points, which are allocated and based on the respondent’s submitted SLBE Participation Plan that will be considered in the selection of the best value respondent for the proposed.

ARTICLE 6.4 Acceptance of Evaluation Methodology

By submitting a proposal in response to the solicitation/RFQ, the respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firms/respondents will require subjective judgments by the Owner.

BY SUBMITTING A RESPONSE TO THIS RFQ, THE RESPONDENT (OR BIDDER) AGREES THAT

IT WAIVES ANY CLAIMS IT HAS OR MAY HAVE AGAINST ACC, ACC’S EMPLOYEES, OFFICERS,

AGENTS, REPRESENTATIVES AND MEMBERS OF ACC’S GOVERNING BODY, IN CONNECTION

WITH OR ARISING OUT OF THIS RFQ INCLUDING THE ADMINISTRATION OF THE RFQ, THE

BASIS FOR SELECTION, THE EVALUATION OF THE RESPONSES, THE METHOD USED FOR

SELECTION, AND ANY DISCLOSURE OF INFORMATION REGARDING THE RESPONSES OR

EVALUATIONS. THE SUBMISSION OF QUALIFICATIONS CONSTITUTES THE ACCEPTANCE BY

THE RESPONDENT OF THE EVALUATION TECHNIQUE DESCRIBED IN THIS RFQ.

ARTICLE 6.5 Initial Compliance Screening

ACC will perform an initial screening of all proposals received. Unsigned proposals are subject to rejection without further evaluation. Proposals that do not include all required forms will result in automatic disqualification.

ARTICLE 6.6 Competitive Range Determinations

ACC may determine that certain proposals are within the competitive range for consideration for negotiation and possible contract award, for proposals that receive the highest or most satisfactory evaluation. ACC may, in the interest of administrative efficiency, place reasonable limits on the number of proposals that will be included in the competitive range.

ARTICLE 6.7 Oral Presentations and/or Site Visits

ACC may, at its sole discretion, request oral presentations, site visits, and/or demonstrations from one or more respondents included in the competitive range. ACC will notify selected respondents of the time and location for these activities and may supply agendas or topics for discussion. ACC reserves the right to ask additional questions during oral presentations, site visits, and or demonstrations to clarify the scope and content of the written proposal.

The respondent’s oral presentation, site visit, and/or demonstration must substantially represent material included in the written proposal, and should not introduce new concepts or offers unless specifically requested by ACC.

ARTICLE 6.8 Best and Final Offers

ACC may, but is not required to, permit proposals to prepare one or more revised offers. For this reason, respondents are encouraged to treat their original proposal, and any revised offers requested by ACC, as best and final offers.

ARTICLE 6.9 Clarifications with Respondents

ACC may, but is not required to, conduct clarifications with all, some, or none of the respondents included in the competitive range for the purpose of obtaining the best value for ACC. ACC may conduct clarification for the purpose of:

• clarifying proposal’s ambiguities;

• requesting modifications to a proposal; and/or

• obtaining a best and final offer.

ACC may make an award that represents the best value to the College.

ARTICLE 7 – INSURANCE AND BOND REQUIREMENTS

Successful contractor shall procure and maintain at its own expense the following minimum insurance coverages insuring all services, work activities, and contractual obligations undertaken in this contract.

These insurance policies must be written by insurers acceptable to ACC (reference Exhibit G - ACC Construction Insurance and Bond Requirements). Insurance limits for contracts include the following:

ARTICLE 7.1 General Liability Insurance

Covering all duties, services or work to be performed (under the contract); insurance will provide limits of:

• Policy aggregate $2,000,000

• Each occurrence $1,000,000

• Products/completed operations aggregate $1,000,000

• Personal injury liability $1,000,000

• Fire damage liability $50,000

• Medical payments $5,000

• Sexual Molestation noted as not excluded from coverage, limits equal to policy limits.

• Consultant/Professional Liability Insurance limits $1,000,000 occurrence/aggregate (for consultants/services).

• Automobile Liability Insurance, Combined Single Limit $500,000 or as required by law.

ARTICLE 7.2 Workers’ Compensation Insurance

Providing the statutory benefits for the State of Texas and Employer’s Liability Insurance for all contracts in the amount of:

• Bodily Injury by accident: $500,000

• Bodily Injury by Disease - each person: $500,000

• Bodily Injury by Disease - policy limit: $500,000

ARTICLE 7.3 An Original Certificate of Insurance

Must be submitted from the insurer/agent prior to the issuance of the Notice to Proceed. The insurance carriers must be acceptable to ACC, generally an AM Best A-IX or better rating. The General Liability and Automobile Liability Certificate of Insurance must name Austin Community College District as an additional insured.

All certificates except Professional Liability shall include a Waiver of Subrogation for coverages.

Vendors must maintain the required limits of insurance as specified in the contract. They must also inform the College of any changes in insurance carriers, policy effective dates, or agents at least 30 days prior to such change, except if the policy is canceled for non-payment of premium, in which case the notice shall be ten (10) days.

ARTICLE 7.3.1

Vendor shall submit a properly endorsed Certificate of Insurance prior to any use of ACC facilities, work performed or services provided by Vendor under this Contract. Vendor must submit the Certificate of Insurance (COI) on an annual basis to ACC’s Office of Risk Management via email at:

• accriskmgmt@austincc.edu

Insurance carriers must be acceptable to ACC, with generally an AM Best A- IX or better rating.

General Liability and Automobile Liability certificates of insurance must name Austin Community College District as additional insured. All certificates except Professional Liability shall include a Waiver of Subrogation for coverages in favor of Austin Community College District. Notice shall be provided to ACC of any changes in insurance carriers, policy effective dates, or agents to insurance required under this Contract at least 30 days prior to such change, except if the policy is cancelled for non-payment of premium, in which case the notice shall be 10 days.

ARTICLE 7.3.2 [When applicable]

Vendor shall carry Pollution Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate.

ARTICLE 7.3.3

Vendor shall carry Errors and Omissions insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate.

ARTICLE 7.3.4

Vendor shall carry Sexual Misconduct and Liability insurance with limits of $1,000,000 for each occurrence and $3,000,000 aggregate. [OR] Vendor shall have coverage that does not exclude Sexual Molestation coverage with limits equal to policy limits.

ARTICLE 7.4 Bonding Requirements

ACC reserves the right to require the respondents to procure one or more performance, fidelity, payment, or other bonds, if during the term of the contract. ACC in its sole discretion determines that there is a business need for such a requirement.

ACC shall bear no financial responsibility for Contractor's insurance or bonding coverage.

mailto:accriskmgmt@austincc.edu