ESBD_549968_1787001920874_RFP 0010514 FFE for TSD ACCESS - Classroom Security Entrance - Phase 1.docx

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

REQUEST FOR PROPOSALS

Furniture and Fixture Package for Access Student Housing Building, Classroom Expansion, and Security Entrance Improvement – Phase 1 Austin, Texas

PROJECT #24-001-8808

RFP #0010514

Dated: August 17, 2026

Proposal Due Date / Opening: September 10, 2026, 3:00PM CT Rev. 06.02.2026

Table of Contents

RFP: 0010514

Furniture and Fixture Package for Access Student Housing Building, Classroom Expansion, and Security Entrance Improvement

1)

2) SCOPE: Pursuant to Texas Government Code Section 2165.001, Custodianship of State Property, and Section 2156.121, Use of Competitive Sealed Proposals, the Texas Facilities Commission is requesting responses to this Request for Proposal for the provision of furniture and fixtures delivered and installed at 1102 S. Congress Avenue, Texas School for the Deaf (TSD) managed by the Texas Facilities Commission (TFC) located in Austin, Texas. TFC anticipates possible award to multiple Contractors from this solicitation as for best value for the state as per TGC 2156, Subchapter E.

a) The Classroom Renovation and Addition encompasses twenty-one thousand (21,000) square feet of educational space in the existing one (1) story Kleberg Building. The Security Entrance Improvement includes a one hundred and thirty-five (135) square foot prefabricated guard booth. The project also includes one thousand (1,000) square feet of outdoor student space. The buildings are located on the north side of W. Elizabeth St. on the south portion of the TSD campus.

b) For purposes of this RFP, Respondents shall consider that the furniture and fixtures for these buildings will be manufactured by package, in stages and delivered and installed by scope group (See Attachment D – Compensation and Fees Package Proposal Forms). It is anticipated that the Kleberg Building and Elizabeth Street Security Entrance will be available on August 23, 2027 for delivery and installation, working on a schedule provided by and coordinated with the Construction Manager-at-Risk (CMR), Furniture Planner (AE; McKinney York Architects), and the TSD academic calendar.

c) Scope will include but is not limited to:

i) Proposal Cost

(1) Modular and Office Furniture

(2) Ancillary Furniture (lounge seating, side tables and chairs, break room, waiting areas, café, etc.)

(3) Conference Room

(4) Classroom

(5) Outdoor Furniture

ii) Install prints with furniture tags, inventory, unit costs, and break out.

d) Furniture Plans and Specifications: See Attachment E1 – Project Manual; Attachment E2 – Furniture Specifications; Attachment E3 – Furniture Drawings.

i) CAD furniture plan files are available from the Owner upon request.

e) Furniture must be tagged with respective room numbers and shipped according to the CMR’s schedule.

3) CONTRACT TERM: This service shall commence on the date the Purchase Order (PO) is issued and TFC has given a Notice to Proceed (NTP). Installation and hookup of furniture is expected to be completed by the end of September 2027.

4) LIDQUIDATED DAMAGES: Time is an essential element of the contract. Contractor’s failure to complete the Work within the Contract Time as required will cause damage to Owner. These damages shall be liquidated by agreement of Contractor and Owner, in the amount of $500.00 per day as set forth in the Purchase Order.

5) ESTIMATED BUDGET: The estimated budget for the furniture, furnishing, and associated installation described in the RFP is Four Hundred Seventy-Three Thousand Dollars ($473,000)

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

a) Primary:

i) Purchaser Name: James Wooley, CTCD, CTCM

ii) Purchaser P: (512) 463-1766

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

b) Secondary:

i) Purchaser Name: Rico Gamino, CTCD, CTCM

ii) Purchaser Phone: (512) 936-3567

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

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

8) 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:

Optional Pre-Proposal Tele-Conferences

PPC 1, August 24, 2026, 10:00 AM

OPTIONAL PRE-PROPOSAL TELE-CONFERENCE:

i) The Pre-Proposal Tele-Conference is scheduled for:

PPC 1: August 24, 2026, 10:00 AM

ii) Pre-registration for the pre-proposal tele-conference is required. Register for the teleconference at the link below:

PPC 1: https://us02web.zoom.us/meeting/register/uSpu1v6vTCSu1caQK5CI5w

iii) Pre-proposal tele-conference is optional.

9) PROPOSAL REQUIREMENTS:

a) SUBMISSION REQUIREMENTS:

i) 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 L – 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.

ii) 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) Electronic Copy of Bid Bond with associated power of attorney, and

(c) Litigation History

(2) Package 2 – Scored Evaluation Materials:

(a) Company Information

(b) Relevant Experience and Qualifications

(c) Attachment F – Contractor’s Qualifications Form

(d) Proposed Methodology, and

(e) Quality Control and Safety Programs

(3) Package 3 – Subcontracting Plan

(a) Attachment C – Subcontracting Plan Forms

(b) Good Faith Effort backup documentation, as applicable

(4) Package 4 – Compensation and Fees

(a) Attachment D – Compensation and Fees Package Proposal Forms

iii) File Format: File format shall be as indicated in Attachment L – OpenGov Submission Instructions.

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

v) 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) 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 Bid Bond, Attachment B – Execution of Proposal, Attachment C – Subcontracting Plan Forms, Attachment D – Compensation and Fees Package Proposal Forms, or Attachment F – Contractor’s Qualification Form shall be disqualified.

i) RELEVANT EXPERIENCE AND QUALIFICATIONS: <25 pts>

(1) Relevant Experience:

(a) Complete and submit Attachment F – Contractor’s Qualifications Form.

(b) Respondent shall demonstrate past experience performing this Scope of Work for the provision of modular and ancillary furniture and fixtures delivered and installed on a secure, special needs campus. Respondent should show specific relevant experience including:

(i) Provide experience working with the manufacturers and subcontractors proposed for this project.

(ii) Respondents shall show experience with the manufacture, delivery and installation of similar scopes and locations indicated above.

(iii) Respondent shall show that his/her company has experience in projects where the requirements are to be manufactured by package, in stages, and delivered similar to this project where coordination with the CMR and associated construction schedule as well as coordination with the Furniture Planner.

(iv) Demonstrate project experience with installation and hookup for furniture that is expected to be completed by a deadline date.

(c) Provide a free-form narrative that describes in detail additional qualifications not stated on Attachment F – Contractor’s Qualifications Form that are relevant to the scope of this solicitation.

(2) Qualifications:

(a) Provide an organizational chart which shows roles and responsibilities of key individuals assigned to provide services under the contract

(i) For the identified key employees, provide their title, role, duties, relevant licenses, certifications, and training, and background and experience relevant to the scope of work.

(3) 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;

(b) Respondent shall be an authorized dealer of proposed manufacturer’s furnishings. Provide a statement on manufacturer’s letterhead stating that the respondent is an authorized dealer of their products.

(c) Respondent shall demonstrate that they have the capability to provide sufficient work staff to meet the project schedule. Additionally, the Respondent must be able to adjust staffing levels (including the ability to work after hours, including weekends) if there is an installation delay caused by the Respondent, manufacturer, or either entity’s subcontractors.

(d) Respondent must have a fully staffed, authorized service office in Central Texas.

(e) Respondent installation supervisor must be factory-trained with a minimum of (5) years of experience as an install lead.

ii) 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:

(a) Explain your processes and techniques used to understand the services to be provided under the contract.

(b) Explain how you monitor and maintain project schedules.

(c) Explain how you will meet the various response times outlined in the requirements.

(d) Explain how you will deliver and stage product inside the building.

(e) Explain how your Staff sizing and their roles will fulfill the requirements.

(f) If awarded a Purchase Order, explain how your existing workload will fit in proportion to the services for this project .

(g) Explain how you manage and coordinate the work with Subcontractors hired by you.

(h) Explain your approach in coordinating with other Contractors hired by TFC.

(i) List the issue tracking software (PlanGrid, Procore, etc.) to be utilized on the project, describe how it will be utilized throughout the installation process, and provide a list of other projects where you have used this software successfully.

(j) List the software used to prepare furniture installation drawings.

(k) Discuss Warranty(s) for the manufacturer’s furniture system(s) and fixtures to be installed.

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

(1) 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.

(2) 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.

(3) Safety Program and Safety Record:

(a) Safety Program:

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

(ii) Provide a description of your safety program.

(iii) 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.

(b) Respondent’s Safety Record:

(i) 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.

iv) ATTACHMENT D - COMPENSATION AND FEES PACKAGE PROPOSAL FORMS: <50 pts.> Submit pricing on the Attachment D – Compensation and Fees Package Proposal Forms. 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.

v) 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.

vi) ADDENDA ACKNOWLEDGEMENT: Receipt of each addendum 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.

vii) 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 F – Contractor’s Qualification Form.

viii) 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.

ix) 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 be directed to TFC's Insurance Analyst at insurance@tfc.texas.gov.

x) BID BOND: Proposal shall be submitted with a copy of a bid security in the form of: a bid bond; certified check; or cashier’s check; to the Texas Facilities Commission, in the amount not less than five percent (5%) of the total amount of the proposal. No other form of security will be accepted. Photocopies of a bid security should be included in the online submission. Hard copies of the bid security should be mailed to address below and received within 3 business days of opening date. Failure to provide an acceptable bid security may result in disqualification of proposal.

a) Delivery address for bid bond: Texas Facilities Commission, 1711 San Jacinto Blvd., Austin, TX 78701, Attn: Procurement Department

b) Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security will be forfeited to TFC. Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required surety bonds and insurance coverage.

c) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their bids will be honored after this ninety (90) day period. See Attachment B – Execution of Proposal Form for additional optional bid bond verbiage.

i) ATTACHMENT C – SUBCONTRACTING PLAN FORMS: 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 Subcontracting Plan is required as a part of the Respondent's Proposal. The Respondent shall develop and administer a Subcontracting Plan as a part of the Respondent's Contract. Failure to complete and submit the Subcontracting Plan shall result in rejection of the response.

(1) As mandated by 34 TAC § 20.285 Respondents must submit a 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 Subcontracting Plan. An incomplete Subcontracting Plan is considered a material failure to comply with the solicitation requirements.

(3) The Subcontracting Plan shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the 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 Subcontracting Plan; and (d) TFC and the Respondent amends their contract by submitting a revised Subcontracting Plan containing the changes approved by TFC.

(4) If TFC determines that the Respondent failed to implement the 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) VetHUB 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/

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

(7) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.285(h) and 20.285(g), TFC administers SP-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.

10) QUESTIONS:

a) All non-VetHUB 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.

11) REQUEST FOR SUBSTITUTION REQUESTS:

a) Request for approval of proposed substitute items, including all materials required for that request to be reviewed, must be received no later than 12:00 pm (Noon), August 31, 2026, by the Purchaser. Substitution request submitted after the deadline will not be considered.

b) Request for approval of proposed substitute items shall be submitted on a copy of the Attachment H – Substitution Request Form.

c) The Attachment H – Substitution Request Form shall be submitted via email to the Purchaser at the email address indicated above prior to the deadline specified in the Schedule of Events. Use subject line: RFP 0010514 Substitution Request. The Purchaser will reply to confirm that the request was received. It is the responsibility of the Respondent to ensure that the substitution request was received by the deadline specified in 10 (a) above. Multiple submissions for substitution requests will be allowed as necessary.

d) Samples shall be required for certain proposed substitute items as determined by the Owner. These items shall be brought to a location directed by the Purchaser for review prior to the proposed substitution cut-off date. Instructions for sample delivery will be provided by Purchaser at the time of request.

e) Therefore, the Respondent’s proposal and the Proposal Documents shall include only those items or products originally specified or subsequently approved by the Owner in writing and issued as an addendum prior to the proposal

12) 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.

13) 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.

14) 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:

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.

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.

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RFP: 0010514

Furniture and Fixture Package for Access Student Housing Building, Classroom Expansion, and Security Entrance Improvement

ATTACHMENT A - TFC STANDARD TERMS AND CONDITIONS

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

(Posted on OpenGov and ESBD)

ATTACHMENT B - EXECUTION OF PROPOSAL

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS WHICH DO NOT INCLUDE THIS COMPLETED AND SIGNED ATTACHMENT SHALL BE DISQUALIFIED. THE PROPOSAL SHALL BE DISQUALIFIED IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

Legal Entity Name:

Address:

City, State, Zip:

RESPONDENT AFFIRMATIONS:

1. Having carefully examined the RFP, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, Respondent hereby proposes to furnish all labor, materials, and equipment necessary to complete the work in the amounts proposed in Attachment D - Compensation and Fees Package Proposal Forms.

2. Provided the proposal is accepted, the Respondent, signature herein, agrees to execute the Contract and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days after execution of contract, TFC may retain as forfeit the enclosed Certified Check, Cashier's Check or Bid Bond in the sum of five percent (5%) of the total price of the proposal and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

7. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

9. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

10. Contracts with Former or Retired Agency Employees: Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Respondent will not allow any former employee of TFC to perform services under any contract resulting from this Solicitation during the twelve (12) month period immediately following the employee’s last date of employment from TFC.

11. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

12. Foreign Terrorist Organizations: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

13. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

14. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

15. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud. The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TFC Office of Internal Audit at 1-512-463-1069 and the State Auditor's Office at 1-800-TX-AUDIT(892-8438).

16. Deceptive Trade Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

17. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

18. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

19. Texas Corporate Franchise Tax Certification: Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

20. Computer Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of computer equipment, then Respondent certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

21. Television Equipment Recycling Program: If Respondent is submitting a Response for the purchase or lease of covered television equipment, then Respondent certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

22. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

23. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

24. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

25. Excluded Parties: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

26. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity.