ESBD_556287_1790181500857_RFP - 3202600121.pdf

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Steve Pier, Executive Director

Request for Proposal (RFP)

For

CCRC Parking Lot Resurfacing

Solicitation No. 3202600121

Date of Release: September 23, 2026

Responses Due: November 6, 2026, by 10:00 a.m. Central Time

NIGP CLASS

CODE

NIGP ITEM

CODE

909 74,75

912 40,75

913 75

951 07

958 77

975 37

988 32

989 14

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Sole Point of Contact for this RFP

William Fore, CTCD

Procurement Lead

VendorProposals@TWC.texas.gov mailto:VendorProposals@TWC.texas.gov

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TABLE OF CONTENTS

Article I Purpose

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

2.3 Deliverables

2.4 Deliverables Acceptance Criteria

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.6 Pre-Solicitation Conference

3.7 Questions/Requests for Clarification

3.8 Addenda

3.9 VetHUB Subcontracting Plan

Article IV Response Submission Instructions

4.1 Deadline

4.2 General Information

4.3 Response Format

4.4 Discrepancies

4.5 Submission Method

4.6 Requirements Submission

4.7 Project Milestone Schedule

4.8 References

4.9 Cost Response

4.10 Financial Soundness

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4.11 Exceptions

4.12 Binding Offer

4.13 Franchise Tax – Right to Transact Business in Texas

4.14 Ambiguity, Conflict, or Discrepancy

4.15 Response Irrevocability

4.16 Questions or Requests for Clarification

4.17 Cost of Submission and Additional Evaluation Activities

4.18 TWC Rights

Article V Evaluation and Award

5.1 Conformance With State Law

5.2 Minimum Qualifications (Pass/Fail)

5.3 Initial Compliance Screening

5.4 Response Evaluation

5.5 Evaluation Criteria

5.6 Competitive Range

5.7 Discussions and Revised Responses

5.8 Best and Final Offer (BAFO)

5.9 Final Response Score and Total Score

5.10 Summary of Best Value Determination

5.11 Public Information Act

Article VI General Terms and Conditions

6.1 Contract Award

6.2 Contract Term

6.3 Price Adjustment

6.4 Contract Amendments

6.5 No Guarantee of Volumes, Usage, or Compensation

6.6 Governmental Entities

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

6.9 Remedies

6.10 Liquidated Damages

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6.11 Changes in Ownership

6.12 Severability

6.13 Bonds

6.14 Retainage

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DEFINITIONS

Table 1: Definitions

Term/Acronym Definition

Addendum A written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

Additional Evaluation Activities

Include Oral Presentations, Clarifications, Discussions, Proofs of Concept, Demonstrations, and/or Site Visits. These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Responses. These activities may be scored, as indicated in RFP Section 5.7 Discussions and Revised Responses.

BAFO Best and Final Offer.

Business Day The day and hours (Monday through Friday, 7 a.m.

to 6:00 p.m. Local Time) in which TWC is open for business.

TWC is closed for business on the scheduled holidays indicated by the State Auditor’s Office available at https://hr.sao.texas.gov/holidays/.

The terms “Working Day” and “Business Day” may be used interchangeably. All uncapitalized references to “day” shall mean calendar day.

Competitive Range

Consists of the Responses that have a reasonable chance of being selected for award based on the evaluation criteria and the best value criteria as stated in this Solicitation.

https://hr.sao.texas.gov/holidays/

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Term/Acronym Definition

Contract Means the written agreement entered into by TWC and Successful Respondent, which will incorporate the contents of this Solicitation and the Successful Respondent’s Response, except as may be provided in the Contract and any amendments thereto.

Contract Term Means the definite period of time that the Contract will remain in effect.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

ESBD The Electronic State Business Daily. An online platform administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts (CPA). The ESBD may be accessed as https://www.txsmartbuy.gov/esbd.

Final Written Response Score

Refers to the final scoring of the Solicitation based on the Scoring Matrix published in the Solicitation.

Fiscal Year (FY) Texas State Fiscal Year, September 1 through August 31.

Local Time Central Standard Time (CST) or Central Daylight Time (CDT), as is then prevailing in Austin, Texas.

NIGP National Institute of Governmental Purchasing https://www.txsmartbuy.gov/esbd

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Offered Option Options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Response. A Respondent is not obligated to include an Offered Option in its Response. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing of acquisition of Offered Options and Offered Options are not considered during evaluation of Responses.

PS Purchasing Services, a section within TWC.

PO Purchase Order.

POA&M Plan of Action and Milestones.

POCN Purchase Order Change Notice.

Respondent The individual or entity that submits a Response to this Solicitation. The term includes anyone acting on behalf of the individual or entity that submits a Response, such as an agent, employee, and representative. Also referred to a “Vendor.”

Response A Respondent’s response to this Solicitation.

RFP Request for Proposal. A formal solicitation document issued by TWC to the vendor community requesting a response for goods or services. (This document.)

Solicitation This RFP including all exhibits, attachments, forms, and Addenda, if any. May include Requests for Revised Proposals (RFRP) or Best and Final Offer (BAFO) RFPs, if issued.

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State The State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

Subcontractor Any entity(ies) or person(s) providing goods or services under the Contract on Respondent’s behalf, whether or not the entity(ies) or person(s) has/have a written agreement with the Respondent. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

Successful Respondent

The Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

Total Score The Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

TWC Texas Workforce Commission.

VetHSP VetHUB Subcontracting Plan. Written documentation regarding the use of subcontractors, which is required to be submitted with all solicitations for state agency contracts with an expected value of $100,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

VetHUB Veteran Heroes United in Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

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VPTS Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509. The VPTS is available at:

https://www.txsmartbuy.gov/vpts.

https://www.txsmartbuy.gov/vpts

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ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) Purchasing Services (PS) section will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from

Respondents, as well as managing the receipt of Responses for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

TWC is procuring services to repave and restripe all asphalt parking lot areas located at Criss Cole Rehabilitation Center to include handicap ramps, signage and minor sidewalk repairs.

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

Respondents must provide a detailed response package that demonstrates their construction expertise and ability to provide TWC with the best value contract to complete the repaving of the existing parking lot to include handicap ramps, signage, striping and minor sidewalk repairs. Include all attachments and information as required in this RFP.

Respondent must affirm its intent to comply with the requirements as stated in Article II, Scope of Work, and affirm that it will continue to comply with these requirements during the term of the Contract issued as a result of this Solicitation, if any.

2.2 DESCRIPTION OF SERVICES/SCOPE OF WORK/SPECIFICATIONS

a. Successful Respondent shall provide all labor, materials, insurance, equipment and supervision required.

http://www.twc.texas.gov/

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b. Scope of work includes the removal of existing asphalt paving and installing new paving to include handicap ramps, striping, signage and minor sidewalk repairs. All new ramps and sidewalk repairs must comply with the latest American with Disabilities (ADA) Title II guidelines.

c. Successful Respondent is required to provide a one-year contractor warranty.

d. Work will be performed outside an occupied building, at 4800 N. Lamar

Blvd., Austin, Texas 78756, and must be conducted in a manner that will not cause major disruption to normal operations.

e. Successful Respondent shall provide notification of temporary shutdown of utilities to the TWC contract manager, TWC project manager (PM), and

CCRC building operators planned and scheduled as far ahead of actual date of shutdown as possible.

f. Successful Respondent shall perform work in phases as indicated on response documents.

g. The full scope of work is outlined in Attachment 5 - Project Drawings and Attachment 6 - Project Manual. These documents contain binding project information including contractor use of site and premises.

h. The Successful Respondent shall comply with the prevailing wages as presented in Attachment 4 – Prevailing Wages – Travis County.

2.3 DELIVERABLES

Time is of the essence in this project. All Deliverables shall be submitted as indicated in Table 2: Deliverables and the overall project must be complete as indicated in Section 6.2 Contract Term.

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Table 2: Deliverables

Deliverable Description Frequency /

Due Date

Background Checks

Background checks on all contractor employees and subcontractor employees used on project.

TWC HR will process the background checks at no cost to Successful Respondent.

As needed during the Contract term.

Weekly progress meetings

Weekly progress Owner/Architect/Contractor (OAC) meeting via TEAMS conducted by contractor including the PM and as needed, the CM.

Weekly during the Contract term.

Bi-weekly project progress schedule

Bi-weekly project progress schedule

Every two (2) weeks during the Contract term.

Insurance and Bond

Certificate of Insurance and Bonds with appropriate limits according to Term and Conditions.

Due within fifteen

(15) calendar days of Notice of Intent to Award.

Financial Statements

The Respondent must provide Financial Statement in an electronic file/document

Due Annually

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Deliverable Description Frequency /

Due Date

Project Schedule Time is of the essence in the project.

All Deliverables shall be submitted as indicated in Table 2:

Deliverables and the overall project shall be complete as indicated in Section 6.2 Contract Term.

2.4 DELIVERABLES ACCEPTANCE CRITERIA

ALL DELIVERABLES ABOVE SHALL BE PROCESSED OR CONDUCTED ON

TIME FOR TWC TO ACCEPT.

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Codes § 2156.001 & 2269.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted to the Electronic State Business Daily (ESBD) and the TWC Procurement

Portal. TWC has no responsibility to communicate personally with each potential Respondent for this Solicitation. Each interested party is solely responsible for checking the ESBD for official TWC communication regarding this solicitation.

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3.2 SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellations made prior to the

Deadline for Submission of Responses will be published as an Addendum posted to the ESBD.

Table 3: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD September 23, 2026

Pre-Solicitation Conference

Attendance is Optional

September 30, 2026, at 8:00 AM Central Time

Deadline for Submitting Questions or Requests for Clarification

October 6, 2026, at 5:00 PM Central Time

Deadline to submit the draft VetHUB Subcontracting Plan for courtesy review

October 20, 2026, at 5:00 PM Central Time

VetHUB courtesy review of draft

VHSP

October 27, 2026

Deadline for Submission of Response

NOTE: Responses must be RECEIVED by TWC by the deadline.

November 6, 2026, at 10:00 AM Central Time

Site Visits September 22, 2026, through October 20,2026

Expected Contract Award January 2027

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Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Table 3: Schedule of Events or as changed via an Addendum posted to the ESBD.

3.3 CONTRACT DOCUMENTS

The Contract(s) resulting from this solicitation may consist of the provisions in this solicitation (including its attachments, forms, exhibits, and any Addenda); the Successful Respondent’s Response, any TWC

Request for Revised Response, the Successful Respondent’s Response to the Request for Revised Response, and TWC’s Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents.

In the event of a conflict between the provisions of these documents, the documents are given the following order of priority: (1) TWC PO; (2) most recent Request for Revised Response (if any); (3) Successful Respondent’s

Response to the Request for Revised Response or Best and Final Offer

(BAFO), if any; (4) Request for Proposal; and (5) Successful Respondent’s

Response.

TWC may elect to have the Contract(s) resulting from this Solicitation consist of a single document. This document will contain all rights and duties of the parties extracted from the relevant terms and conditions of the Solicitation (including its attachments, forms, exhibits, and any

Addenda), the Successful Respondent’s Response, the Request for Revised

Response or BAFO, if any, and Successful Respondent’s Response to the

Request for Revised Response or BAFO, if any. Prior to award, TWC will prepare the Contract for review by the Successful Respondent.

Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor

RFP No. 3202600121 ver. 1 Page 17 of 55 technicalities. These discussions are to be finalized and all requests for revisions resolved within ten (10) Business Days after the Successful

Respondent receives the draft Contract for review or such additional time that may be agreed to by TWC. If discussions are not finalized within such time frame, the Response may be rejected, and discussions may be initiated with the next highest scoring Respondent.

3.4 ATTACHMENTS AND FORMS

Table 4: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Terms and Conditions Attachment 2 Uniform General Conditions Attachment 3 Supplementary General Attachment 4 Prevailing Wages – Travis County Attachment 5 Project Drawings Attachment 6 Project Manual Attachment 7 VetHUB Subcontracting Plan Instructional

Guide

Attachment 8 Overview of PAR Assessment Attachment 9 Progress Assessment Report Attachment 10 Insurance Requirements Form 1 Execution of Response Form 2 Cost Response Form 3 References Form 4 Financial Questionnaire Form 5 Title Page Form 6 VetHUB Subcontracting Plan Form 7 TWC Direct Deposit Form

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to PS, addressed to the person listed below (Sole

Point of Contact) with the Solicitation number in the subject line.

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William Fore, CTCD

Procurement Lead

VendorProposals@TWC.texas.gov

3.5.1 Prohibited Communication

Except as provided in Section 3.5 Sole Point of Contact (and Section 3.5.2

Exceptions to the Sole Point of Contact), all communication with TWC regarding this Solicitation is prohibited. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent’s shall rely only on written statements issued by or through TWC designated staff as provided by Section 3.5 Sole Point of Contact.

Failure to comply with these restrictions may result in disqualification of Respondent's Response. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

3.5.2 Exceptions to the Sole Point of Contact

Exceptions to Section 3.5 Sole Point of Contact are as follows:

a. A Respondent with questions relating to the VetHSP is permitted to direct those questions to the TWC VetHUB staff via email to:

TWCHUBinfo@twc.texas.gov

b. Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the

Respondent, such as during Contract negotiations. A Respondent is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such mailto:VendorProposals@TWC.texas.gov mailto:TWCHUBinfo@twc.texas.gov

RFP No. 3202600121 ver. 1 Page 19 of 55 communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Response.

3.6 PRE-SOLICITATION CONFERENCE

TWC will conduct an In Person Pre-Solicitation Conference. A prospective

Respondent MAY attend the Pre-Solicitation Conference. See Section 3.2

Schedule of Events for the date and time. The Pre-Solicitation Conference will include an overview of the Solicitation and a presentation on the

VetHSP requirements, if applicable to this Solicitation, a tour of the work sites and a question-and-answer session will also take place regarding general, technical, and VetHSP (if applicable) questions.

3.6.1 Attendance

Attendance at the In-Person Pre-Solicitation Conference is optional but highly recommended.

Attendees are required to sign an attendance log prior to leaving the Pre- Solicitation Conference

3.6.2 Logistical Information

PS will hold the Pre-Solicitation Conference on the date and time set out in

Section 3.2 Schedule of Events.

People with disabilities who wish to attend the Pre-Solicitation Conference and require auxiliary aid or services shall contact the Sole Point of Contact identified in Section 3.5 Sole Point of Contact at least seventy-two (72) hours before the Conference in order to have reasonable accommodation made by TWC.

Location of the Pre-Proposal Conference:

Address: Criss Cole Rehabilitation Center (CCRC)

4800 North Lamar Blvd

Main Auditorium

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Austin, TX 78756

3.6.3 Questions at the Pre-Solicitation Conference

Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section 3.7 Questions/Requests for Clarification.

During the Pre-Solicitation Conference, TWC may provide responses to questions and requests for clarification, but only written responses posted by TWC as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

TWC reserves the right to amend, prior to the Response Deadline, answers previously posted. Amended answers will be posted on the ESBD.

Unauthorized communications with TWC program area staff regarding this

Solicitation before, during, or after the Pre-Solicitation Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Response.

3.7 QUESTIONS/REQUESTS FOR CLARIFICATION

TWC will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted through the TWC

Procurement Portal to the Sole Point of Contact listed in Section 3.5 Sole

Point of Contact by the deadline established in Section 3.2 Schedule of

Events

TWC will post all questions and answers and, if appropriate, an Amended

Solicitation to the ESBD. Responses to questions or other written requests for clarification will not be provided individually to prospective

Respondents submitting questions.

TWC reserves the right to amend answers previously posted. Amended answers will be posted to the ESBD. It is the Respondent’s responsibility to

RFP No. 3202600121 ver. 1 Page 21 of 55 check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in

Section 3.2 Schedule of Events may be reviewed by TWC but may not be answered. Only TWC's written answers posted on ESBD, in accordance with this section, are binding.

3.8 ADDENDA

Should an addition or correction become necessary after the Solicitation is issued, an Addendum relating the necessary information will be posted to the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information. Respondents are required to acknowledge the Addenda by returning the signed and dated

Acknowledgment of Addenda with the Response. Failure to do so does not absolve a Respondent from the requirements contained within any Addenda.

3.9 VETHUB SUBCONTRACTING PLAN

Respondent must submit the VetHUB Subcontracting Plan (VetHSP) in accordance with Section 4.5 Submission Method. The VetHSP shall be labeled: “VetHUB Subcontracting Plan,” and include all supporting documentation in accordance with Form 6 - VetHUB Subcontracting

Plan. The TWC VetHUB goal is 8.23% percent for all special trade construction contracts, including CCRC parking lot resurfacing contracts.

See VetHub Subtracting Plan Guide (Attachment 7)

The final VetHSP must be submitted with the Response by the deadline in

Section 3.2 Schedule of Events. Responses that do not include a completed VETHSP shall be rejected due to material failure to comply with

Texas Government Code § 2161.252(b).

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3.9.1 VetHUB Subcontracting Plan Courtesy Review

A courtesy review of a Respondent’s completed VetHSP by TWC is optional and is available upon request to assist Respondent in providing a compliant and responsive VetHSP. This courtesy review may only identify possible deficiencies, and a final compliant determination cannot be provided until the Response is submitted.

To request a courtesy review, submit the completed VetHSP, including all supporting documentation, in a PDF format by e-mail to the TWC VetHUB

Program Office by or before the Courtesy Review of VetHUB

Subcontracting Plan Deadline in Section 3.2 Schedule of Events.

E-Mail for Courtesy Review: TWCHUBINFO@twc.texas.gov

E-mail Subject Line: VetHSP Courtesy Review, Solicitation No.

3202600121 CCRC Parking Lot Resurfacing

Due Date: In accordance with the deadline in Section 3.2 Schedule of Events.

VetHSPs received after the courtesy review deadline in Section 3.2

Schedule of Events will not be processed. A response regarding the

VetHSP will be provided at least ten business (10) days prior to the

Response deadline in Section 3.2 Schedule of Events, allowing enough time to rectify any potential deficiencies for the final VetHSP submission.

3.9.2 VetHUB Progress Assessment Report (PAR)

The Successful Respondent will be required to submit a monthly VetHUB

Progress Assessment Report (PAR) (Attachment 9) along with itemized invoices for the month’s reporting, no later than the 5th day of each month, for the entire life of the contract. This is in accordance with Texas

Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Rule

§20.284 (d)(2)(H)-(I). See Overview of PAR (Attachment 8) mailto:TWCHUBINFO@twc.texas.gov

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Submission is required whether there is any subcontracting to report or not. The PAR is a condition of payment. Failure to submit timely may, delay or place the payment on hold.

Failure to adhere to these requirements is a breach of contract and may include debarment from all State of Texas contracting.

3.9.3 Subcontracting Opportunities

TWC finds that this contract contains subcontracting opportunities in the following service area. However, you are not restricted to these trades only.

NIGP Codes:

912 - 40 Demolition Services

975 - 37 Garbage/Refuse Equipment, Dumpsters, etc. Rental or Lease

989 - 14 Asphalt Sampling and Inspection Service

912 - 75 Quality Control Testing Services for Construction

958 - 77 Project Management Services

909 - 74 Site Clean-up, Pre-Construction

909 - 75 Site Clean-up, Post-Construction

913 - 75 Maintenance and Repair, Parking Lot and Alley

951 - 07 Facilities and Other Improvement, Drives, Parking Lots, Paths, Trails.

988 - 32 Grading, Parking Lots etc., Not Road Building.

CMBL Instructions:

Locate a list of VetHUB subcontractors on the Centralized Masters Bidders

List (CMBL) at: https://comptroller.texas.gov/purchasing/vendor/cmbl/

a. Select: VetHUBs Only,

b. Multiple Vendor Search, https://comptroller.texas.gov/purchasing/vendor/cmbl/

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c. Enter: NIGP Class/Item Code

d. Highway District #, click on Search.

e. Vendors may search for Highway Districts by using the following link at the Comptroller’s office.

https://comptroller.texas.gov/purchasing/contracts/regions.php

ARTICLE IV RESPONSE SUBMISSION

INSTRUCTIONS

4.1 DEADLINE

Responses must be received by PS as prescribed no later than the date and time specified in Section 3.2 Schedule of Events.

Responses received after the deadline specified in Section 3.2 Schedule of

Events will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Responses emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.2 GENERAL INFORMATION

Respondents must fully and completely address all requirements described in this Solicitation. Incomplete or partial Responses will not be considered.

The Respondent shall provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the

Solicitation requirements. Respondent should prepare a Response that clearly and concisely represents its qualifications and capabilities.

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

https://comptroller.texas.gov/purchasing/contracts/regions.php

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b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana or Arial, font size 12-point, with one (1) inch margins and 1.25-line spacing; the sole 12-point font size exception is no less than size 10 point for tables, graphs, and appendices.

4.4 DISCREPANCIES

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to potentially disqualify a Response. If Respondent fails to designate an

“Original” Response as required by Section 4.5 Submission Method TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Response. If the Respondent submits a redacted

Response as the “Original,” TWC will disqualify the Response, and it will not be evaluated.

TWC will not accept submissions after the Response due date in Section

3.2 Schedule of Events to remedy discrepancies or variations in Response submissions.

4.5 SUBMISSION METHOD

TWC has implemented the eProcurement platform referred to as the TWC Procurement Portal. Respondent shall upload all documentation indicated to the TWC Procurement Portal link on the “Open Opportunities” tab.

Submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the TWC Procurement Portal website. There is no charge to register.

Step-by-step instructions to register are available at: Vendor Registration https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration

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For step-by-step instructions through submission process, visit: Creating and Uploading a Submission.

For a quick tutorial through the registration and submission process, visit:

Vendor Registration and Submission Video.

Any issues with uploading must first be addressed with the TWC Procurement Portal Technical Support at the contact information included in the Procurement Information Summary and TWC Procurement Portal Instructions to Respondents document.

Respondents must contact the Sole Point of Contact prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Sole Point of Contact well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

It is the Respondent’s responsibility to appropriately mark and upload the Proposal to the TWC Procurement Portal by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC.TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software. To confirm receipt of all electronic submissions, Respondent shall request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and deliver the Response to the TWC Procurement Portal by the specified date. Each Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. In no event will TWC be responsible or liable for any delay https://procurement-help.eunasolutions.com/hc/en-us/articles/48585321559955-Creating-and-Uploading-a-Submission https://procurement-help.eunasolutions.com/hc/en-us/articles/48585321559955-Creating-and-Uploading-a-Submission https://procurement-help.eunasolutions.com/hc/en-us/articles/48576297891603-VIDEO-Vendor-Registration-and-Submission.

RFP No. 3202600121 ver. 1 Page 27 of 55 or error in delivery. Response must be RECEIVED by TWC by the Response Deadline identified in Section 3.2 Schedule of Events.

4.6 REQUIREMENTS SUBMISSION

Table 5: Required Forms and Submission Documents

Document Name

Written Narrative of Qualifications (Section 4.6.3.2) Letter of Bonding Capacity Project Milestone Schedule (section 4.7) Form 1 - Execution of Response (Section 4.6.2) Form 2 - Cost Response (Section 4.9) Form 3 - References (Section 4.8) Form 4 - Financial Questionnaire (Section 4.10) Form 5 - Title Page Form 6 - VetHUB Subcontracting Plan (HSP) (Section 3.9) Form 7 – TWC Direct Deposit Form

4.6.1 Executive Summary

Respondent must provide an Executive Summary of their Response

(excluding cost information) that asserts the Respondent is providing, in its Response, all the requirements of this Solicitation, including Article II

Scope of Work. The Executive Summary must demonstrate Respondent’s understanding of TWC goals and objectives for this Solicitation.

If the Respondent is providing goods and/or services beyond those specifically requested, those goods and/or services must be identified. If the Respondent is offering goods and/or services that do not meet the specific requirements of this Solicitation, but in the opinion of the

Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the Executive Summary. The

Respondent should realize, however, that failure to provide the goods and/or services specifically requested may result in disqualification.

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The Executive Summary must not exceed two (2) pages and should represent a full and concise summary of the contents of the Response.

4.6.2 Execution of Response

Respondent must complete, sign, dated, and return Form 1 - Execution of Response. By signing, Respondent agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC

Terms and Conditions as specified in this Solicitation and in resulting

Contract. A Response without the required signatures is not responsive to the Solicitation and will be disqualified.

Unsigned Responses will not be evaluated; these Responses will be kept with the procurement file and not be returned to the Respondent.

4.6.3 Respondent Organization Information

Respondents must include the following information with their Response.

4.6.3.1 Respondent Point of Contact

Respondents must provide the name, address, and telephone number of

Respondent’s point of contact for any questions regarding the Response and, if different than the point of contact, for questions about the

Response, the name, address, and telephone number of Respondent’s point of contact for any resulting Contract.

4.6.3.2 Respondent Organization Narrative

Respondent must provide a detailed Written Narrative of

Qualifications as part of its response. The narrative must explain why it is qualified to provide the services enumerated in Article II Scope of Work, focusing on key strengths and competitive advantages.

Respondent must describe their knowledge and experience in providing

Parking Lot Resurfacing and Pavement Services to comparable projects of similar size and complexity to TWC, including how many years Respondent

RFP No. 3202600121 ver. 1 Page 29 of 55 has been resurfacing parking lots. The Organization Narrative must not exceed two (2) pages.

4.6.3.3 Organization Profile

NOTE: Texas governmental entities are exempt from this requirement.

Respondent must provide an organizational profile, including:

a. Ownership structure (e.g., corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information both in a narrative and as a graphical representation.)

1. If Respondent is an affiliate of or has a joint venture or strategic alliance with another company, Respondent must identify the percentage of ownership of each joint venture member or affiliate and the percentage of the parent company’s ownership. The entity performing the majority of the work under any resulting Contract, throughout the duration of the Contract, must be the primary Respondent.

2. Finally, Respondent must provide its proposed operating structure for the services requested under this Solicitation and which entities (i.e., parent company, affiliate, joint venture, subcontractor) will be performing the services.

b. The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;

c. The location of company headquarters and any field office(s) that may provide services for any resulting Contract;

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d. The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned to TWC’s project; and

e. An indication of whether the company has ever been in contract with any Texas state agency. If “Yes,” specify the agency name, contract term, and the scope of work for that contract.

4.6.4 Key Personnel

Respondents must discuss and provide information for the individual(s) who will be responsible for overseeing the day-to-day performance and services. Provide staffing profiles and resumes for all key personnel who will be assigned to the Contract that demonstrates their ability to perform the services specified in the Solicitation.

4.7 PROJECT MILESTONE SCHEDULE

Respondent shall include a Project Milestone schedule as part of its response. Respondents must provide a Project Milestone Schedule that includes all of the following:

a. Length in calendar days between the Notice to Proceed and Substantial Completion Date. This project is allowed a maximum of sixty (90) calendar days from Notice to Proceed to Substantial Completion.

b. All major trade work items and lead times for critical material deliveries.

c. Alternates in the Project Milestone Schedule per the phasing plan in the Construction Drawings.

d. Note in the Project Milestone Schedule any time period when there may be an interruption of power or utility service. Please include an approximate window of the time for the anticipated shut down.

The Project Milestone Schedule will be evaluated as described in Section

5.5. Evaluation Criteria.

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4.8 REFERENCES

Respondents must provide a minimum of three (3) references in the format set forth in Form 3 - References and should also provide any canceled contract reference as applicable. These references must relate to similar contracts or projects performed as described in Section 2.2

Description of Services/Scope of Work/Specifications within the last five 5 years, and it is preferable they be from state, federal, and/or local governmental entities.

4.8.1 Similar Contracts

Each Respondent shall provide a minimum of three (3) engagements of comparable complexity and sensitivity to the requirements of this

Solicitation that have been conducted within the past three (3) years. The description of comparable engagements shall be detailed and cover the contracts the Respondent and any Subcontractors have had and all experience similar to this Contract that qualifies the Respondent to meet the requirements of this Contract, including, but not limited to:

a. Size of contract (including value);

b. Reason for contract termination/expiration, if contract is no longer in effect;

c. Types of services directly provided by the Respondent and whether the Respondent was the contractor or Subcontractor;

d. Term and type of contract, including effective dates; and

e. Any problems encountered.

4.8.2 Contract Performance

The Respondent shall state whether or not any of the following have occurred during the last five (5) years:

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a. The Respondent has had a contract terminated, and, if so, shall provide full details, including the other party’s name, address, and telephone number on Form 3 - References For each name listed on Form 3 - References.

b. The Respondent has been assessed any remedies, including liquidated damages or other such monetary remedies, under any existing or past contracts, and, if so, note the reason for and the amount assessed or paid for each incident.

c. The Respondent was the subject of (i) any threatened, pending, or resolved disciplinary action for substandard work and/or unethical practices; or (ii) any order, judgment or decree of any federal or state authority barring, suspending or otherwise limiting the right of the Respondent to engage in any business, practice, or activity.

d. The Respondent has been involved in any civil or criminal litigation and/or entered into any compromise agreement, settlement agreement, or resulting consent decree or judgements, if applicable, related to contract performance, the goods and/or services sought by this Solicitation, or that a reasonable person knowledgeable of the applicable industry would consider relevant to the work under the Contract. Respondents are not required to violate any confidentiality provision but must provide information not prohibited from disclosure.

4.9 COST RESPONSE

In accordance with Section 4.9 Cost Response, the Respondent shall include one file named “Cost Response” that contains the Respondent’s

Cost Response in the format included in Form 2 - Cost Response.

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Cost information must be included as a separate document and presented only in the format set forth in Form 2 - Cost Response.

The Owner’s Allowance is pre-populated on Form 2 – Cost Sheet and must be included in the total of all costs received.

The Owner’s Allowance is a contingency fund reserved for TWC’s sole use to cover unforeseen site conditions or scope adjustments via formal change orders (POCNs). Unused allowance funds shall remain with TWC and will not be paid to the Contractor.

Respondent must state pricing for all goods and/or services rendered during the course of any awarded Contract, including any and all costs involved that are to be paid or reimbursed by TWC during the initial contract period and any renewal or extension periods. No reimbursement is available to the Successful Respondent beyond the amount agreed to be paid for the goods and/or services provided. Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the

Contract (unless a Price Adjustment is permitted in accordance with

Section 6.3 Price Adjustment).

4.10 OFFERED OPTIONS

TWC does not intend to limit the creativity of Respondents from bringing forward new suggestions or enhancements not described in this Solicitation. Respondents are encouraged to describe any Offered Options.

Offered Options are not required and are not considered during evaluation of Responses. TWC will not award additional options if not included in the Response.

4.11 FINANCIAL SOUNDNESS

The Respondent must complete Form 4 - Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed

RFP No. 3202600121 ver. 1 Page 34 of 55 for the appropriate company type may result in disqualification of the

Respondent’s Response. If TWC learns of a failure to disclose after a

Contract has been awarded to the Successful Respondent, the Contract may be terminated. In the event of such termination, the Successful

Respondent shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

4.11.1 Change in Financial Condition – Duty to Notify

The Response must include a certification that the Respondent will notify TWC of a change in financial condition during the Contract term and any renewal thereof. If a Respondent experiences a substantial change in its financial condition prior to the award of the Contract, or if the Successful Respondent experiences a substantial change in its financial condition during the term of the Contract or any extension thereof, TWC must be notified of the change in writing at the time the change occurs or is identified. Failure to notify TWC of such substantial change in financial condition will be sufficient grounds for rejecting the Response or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

4.12 CORPORATE GUARANTEE

If the Respondent is substantially owned or controlled, in whole or in part, by one or more other legal entities, the Respondent must submit the information required under Section 4.11 Financial Soundness above for each such entity, including the most recent financial statement for each such entity. The Respondent must also include a statement from the entity or entities with substantial ownership or control that the Entity/ies will unconditionally guarantee performance by the Respondent of each and every obligation, warranty, covenant, term, and condition of any Contract resulting from this Solicitation. If TWC determines that an entity does not have sufficient financial resources to guarantee the Respondent’s performance, TWC may require the Respondent to obtain another acceptable financial instrument or resource from such entity, or to obtain

RFP No. 3202600121 ver. 1 Page 35 of 55 an acceptable guarantee from another entity with sufficient financial resources to guarantee Respondent’s performance.

TWC reserves the right to request that such entity unconditionally guarantee performance by the Respondent in each and every obligation, warranty, term, covenant, and condition of any Contract resulting from this Solicitation.

4.13 EXCEPTIONS

Each Respondent is highly encouraged, in lieu of including exceptions in a Response, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.7 Questions/Requests for Clarification.

Any exception included in a Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Response, Respondent is required to use Form 1 - Execution of Response and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration.

Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1 - Execution of Response.

No exception, nor any other term, condition, or provision in a Response that differs from or contradicts this Solicitation will be considered to be part of any resulting Contract unless expressly made a part of the Contract in writing by TWC.

Any exceptions or deviations by the Respondent to Attachment 1 – TWC Terms and Conditions may make the Response unacceptable for award without discussion. If a Respondent proposes exceptions to Attachment 1 – TWC Terms and Conditions, TWC may make an award without discussion to the next highest scoring Respondent with no exceptions to Attachment 1 – TWC Terms and Conditions.

RFP No. 3202600121 ver. 1 Page 36 of 55

4.14 BINDING OFFER

A Response shall be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the

Solicitation will be negotiated. Furthermore, all Responses constitute binding offers. Any Response that includes any type of disclaimer or other statement indicating that the Response, or any portion of the Response, does not constitute a binding offer may be disqualified, as determined by

TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.13

Exceptions, the Respondent may be disqualified from further consideration for Contract award.

4.15 FRANCHISE TAX – RIGHT TO TRANSACT BUSINESS IN TEXAS

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to

Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

4.16 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the 3.5 Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the

Solicitation in the manner and by the deadline described in Section 3.7

Questions/Requests for Clarification.

If Respondent fails to properly and timely notify the Sole Point of Contact

(Section 3.5) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the

Solicitation, Respondent:

https://comptroller.texas.gov/taxes/franchise/

RFP No. 3202600121 ver. 1 Page 37 of 55

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Submits a Response at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.17 RESPONSE IRREVOCABILITY

Responses submitted to the Solicitation are irrevocable for one hundred eighty (180) calendar days following the solicitation closing date.