ESBD_559822_1789649253276_RFQ_CA~1.PDF

REQUEST FOR QUALIFICATIONS FOR

MISCELLANEOUS TECHNICAL SERVICES

THE UNIVERSITY OF TEXAS AT AUSTIN

FIRE AND LIFE SAFETY THIRD PARTY CODE AND CONTRACT COMPLIANCE INSPECTIONS AND

TESTING SERVICES

RFQ No. 27PSP002 CP No.: CP577221

Response Due: 10/12/2026 at 2:00 PM

Prepared by

Trina Bickford Assistant Director, Contracts

Campus Operations and Planning

Issued 9/18/2026

Table of Contents

Section 1 Executive Summary

1.1 General

1.2 Role of Campus Operations and Planning

1.3 General Scope of Work

1.4 Submittal Information

1.5 Point-of-Contact

1.6 Duration of Contract

1.7 Work Specifically Excluded

1.8 Pre-Qualifications Conference

1.9 Schedule

Section 2 Requirements for Statement of Qualifications

2.1 Requirements for Statement of Qualifications/Evaluation Criteria

2.2 Evaluation Criteria

Section 3 Format for Statement of Qualifications

3.1 General Instructions

3.2 Submission of Qualifications

3.3 Document Format

3.4 Evaluation Criteria

3.5 Pagination

Section 4 General Requirements

4.1 Type of Contract

4.2 Public Information

4.3 Clarifications and Interpretations

4.4 Evaluation of Qualifications

4.5 Owner’s Reservation of Rights

4.6 Acceptance of Evaluation Methodology

4.7 No Reimbursements for Costs

4.8 Pre-Submittals Conference

4.9 Eligible Respondents

4.10 Veteran Heroes United in Business (VetHUB)

4.11 Qualification-Based Selection Process

4.12 Evaluation of Qualifications

4.13 Certain Proposals and Contracts Prohibited

4.14 Sales and Use Taxes

4.15 Certification of Franchise Tax Status

4.16 Required Notices of Workers’ Compensation Insurance Coverage

4.17 Delinquency in Paying Child Support

4.18 State Registration

4.19 Policy Regarding Receiving Benefits, Gifts and Honoraria

4.20 Disclosure of Interested Parties Statute

4.22 Group Purchase Authority

4.23 Certification Required by Texas Governor Executive Order GA-48

Section 5 Attachments to the RFQ

5.1 Exhibit A: Draft Technical Agreement for Indefinite Scope of Services

5.2 Exhibit B: Codes and Standards, Owner’s Design Guidelines

5.3 Exhibits C-G: Not Used

5.5 Exhibit H: Policy – Veteran Heroes United in Business (VetHUB)

5.6 Exhibit I: Uniform General and Additional General Conditions

Section 6 Execution of Offer

Request for Qualifications for Miscellaneous Technical and Support Services

The University of Texas at Austin Fire and Life Safety Third Party Code and Contract Compliance Inspections and Testing Services

RFQ No.: 27PSP002

SECTION 1 – EXECUTIVE SUMMARY

1.1 GENERAL: The University of Texas System (UT System) and the University of Texas at Austin (UT Austin) (collectively, Owner) acting by and through Campus Operations and Planning (COP) are soliciting statements of qualifications (Qualifications) from professional firms (Respondents) for selection of one or more firms for Fire and Life Safety Third Party Code and Contract Compliance Inspections and Testing Services, in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (RFQ). This RFQ provides Respondents with the information necessary to prepare and submit Qualifications for consideration by Owner.

1.2 ROLE OF COP: Campus Operations and Planning, through Planning, Design and Construction (PDC) and Office of Safety and Compliance (OSC) represents UT Austin. PDC is responsible for management and oversight of design and construction projects. OSC includes the Authority Having Jurisdiction (AHJ) for UT Austin, which includes the Fire Marshall within Fire Protection Services (FPS) and the Building Official within the Office of Building Compliance (OBC). Both departments review and approve design documents for construction, perform code related inspections and testing, and approve building occupancy.

1.3 GENERAL SCOPE OF WORK

1.3.1 COP, through OBC, is seeking qualified technical service providers (TSPs) to provide independent, third-party fire and life safety code and contract compliance inspection services and testing services in support of the construction of new buildings, additions, renovations, and alterations across University-owned and leased facilities.

1.3.2 In conformance with Handbook of Operating Procedures (HOP) 8-1130, Oversight of Campus

Construction and Building Occupancy, the Building Official (or their designee) has the authority and responsibility to authorize individuals to perform designated inspections of demolition and building construction and renovation projects at specific points in the construction process to ensure compliance with the University’s Design and Construction Standards (DCS), applicable building, mechanical, electrical, plumbing and energy codes, regulations, and project specific plans and specifications.

1.3.3 UT Austin anticipates selecting multiple qualified firms to provide services on an as-needed basis for projects varying in size and complexity, expected to occur in, but not limited to, the following locations with a majority the City of Austin geographic areas

• Main Campus (The “Forty Acres”) – Austin, Texas

• J. J. Pickle Research Campus (PRC) – Austin, Texas

• UT Dell Campus for Advanced Research - Austin, Texas

• West Pickle Research Campus (West J. J. Pickle Research Campus) – Austin, Texas

• Dell Seton Medical Center at The University of Texas – Austin, Texas

• The Lady Bird Johnson Wildflower Center (JWC)– Austin, Texas

• Brackenridge Tract (Including Lion’s Municipal Golf Course area) – Austin, Texas

• McDonald Observatory (MCD) – Fort Davis, Texas

• Marine Science Institute (MSI) – Port Aransas, Texas

The locations are not limited to the sites listed as they may change during the term of the contract.

1.3.4 Required services may include some or all of the following, on an as needed basis: field inspections, testing, documentation, and coordination services required by reference codes and Owner’s DCS. Selected firms will also be expected to provide associated services such as responding, in coordination with the Owner’s Designated Representative (ODR), to questions from the Architect/Engineer (A/E) and the construction contractor teams.

1.3.5 Required tasks include but are not limited to: generating field reports for each site visit;

documenting work inspected; providing copies of reports to contractors, OBC and FPS as the AHJs, and the ODR for the project; reporting items of non-compliance to the AHJs and ODR in writing prior to leaving the site; reviewing Construction Documents to identify required inspections and testing for specific projects; and attending construction meetings as requested.

1.3.6 Technicians providing services under any contract resulting from this RFQ shall not direct contractors in any manner as to means and methods of work. All decisions and authority for the work shall come from the ODR not from the assigned technician. Issues of non-compliance will be addressed by OBC.

1.3.7 Awarded Respondent(s) may be required to attend construction meetings if requested by ODR.

1.3.8 Awarded Respondents must respond to requests for service within a maximum of 2 (two) business days after receipt of requests for services, acknowledging receipt of the request and verifying services will be scheduled promptly. Requests for services will come from the ODR, who may delegate the duty for making the request to the Contractor. Scheduling the requirement for services in advance is the goal in all cases; however, the nature of the construction process will necessitate the requirement that awarded Respondent(s) respond quickly and with adequate staff to respond to requests for services.

1.3.9 Owner does not warrant or represent that any or all of such potential work will actually be requested to be performed, or that Respondent will be entitled to perform any particular volume or number of services.

For reference, the following number/type of projects are expected to be in construction during 2027:

• Campus managed new building construction (all trades): 6

• Private-Public Partnership new building construction (all trades): 4

• Major renovation of existing buildings (all trades): 25

• Minor renovation of existing buildings (varied scopes of work and inspection requirements): 50

• Lab renovation projects: 30

1.3.10 All requirements included in this RFQ are in addition to those specified within the DCS, and applicable codes and regulations. Where a professional engineer is required to perform the inspection or tests, the firm and professional engineer performing the inspection shall be registered in the State of Texas.

1.3.11 The successful Respondent(s) shall perform services for projects as specifically authorized by the Owner. The successful Respondent must consult with the Owner to clarify and define Owner’s requirements relative to the assignments and review available data. Requirements will be set forth in the project assignment agreement issued for each assignment. The successful

Respondent shall perform within the professional standards normally accepted in the State of Texas, technical services associated with individual assignments as authorized by the Owner, and as described in the scope of services for each assignment so authorized by Work Order.

1.3.12 Any contract resulting from this solicitation will be non-exclusive and UT Austin reserves the right to contract for like-type services when such contracting is in its best interest.

1.4 SUBMITTAL INFORMATION

1.4.1 UT Austin will only accept submittal of a response electronically. Qualifications must be submitted no later than 10/12/2026, 2:00 PM CST, via UT Box at the link provided and using the following process:

SUBMITTAL 1 – QUALIFICATIONS, EXECUTION OF OFFER LETTER:

Submit one (1) PDF of the Qualifications and one (1) PDF of the Execution of Offer (EOO) Letter to the following UT Box link:

https://utexas.app.box.com/f/aa922de591654c1089e434c1b2dda54a

Using the following naming convention:

“Company name, 27PSP002, name of document (EOO or Qualification)”

SUBMITTAL 2 - VetHUB SUBCONTRACTING PLANS (SPs):

Submit one (1) PDF of the required SP to the following UT Box link:

https://utexas.app.box.com/f/9e5ee88375b0492f82c016f7da64a4ff

Using the following naming convention:

“Company name, 27PSP002, SP”

NOTE: UT Box submissions are limited to 15 GB per file

1.4.2 Late submissions will not be accepted or considered.

1.4.3 Owner will not acknowledge or receive Qualifications delivered by telephone, fax, email or any other drop box program.

1.4.4 Properly submitted Qualifications will be acknowledged publicly and the names of the Respondents will be read after the submittal deadline indicated in this RFQ. The RFQ opening will be held virtually using the following link:

Join Zoom Meeting https://utexas.zoom.us/j/85244046600

Meeting ID: 852 4404 6600 One tap mobile +13462487799,,85244046600# US (Houston)

+12532050468,,85244046600# US

https://utexas.app.box.com/f/aa922de591654c1089e434c1b2dda54a https://utexas.app.box.com/f/9e5ee88375b0492f82c016f7da64a4ff https://utexas.zoom.us/j/85244046600 Flo Pitre Highlight

1.5 POINT-OF-CONTACT: Respondents must restrict all contact and questions regarding this RFQ to the individual named below. Questions concerning terms and conditions and technical specifications shall be directed via email to:

Trina Bickford Assistant Director, Contracts Campus Operations and Planning Trina.bickford@austin.utexas.edu

Requests to schedule an SP courtesy review shall be directed via email to:

Vendor Management Office utvethub-hsp@austin.utexas.edu

1.6 DURATION OF CONTRACT

The duration of any agreement resulting from this solicitation shall be for a period of ONE year with FOUR consecutive ONE-year renewal options at the discretion of UT Austin.

1.7 WORK SPECIFICALLY EXCLUDED

Design and other professional services are excluded.

1.8 PRE-QUALIFICATIONS CONFERENCE

A pre-qualifications conference will not be held in conjunction with this solicitation.

1.9 SCHEDULE:

Key milestones/deadline are:

Request for Qualifications issued 9/18/2026 Deadline for questions/requests for clarifications 9/28/2026 at 12:00pm CST Addendum issued (if applicable) (approx.) 9/30/2026 Deadline for submission of Qualifications 10/12/2026 at 2:00 PM CST Interviews conducted (if applicable) (approx.) 11/2/2026-11/6/2026 Selection of most qualified Respondent(s) (approx.) 11/6/2026 Award of contract(s) to selected Respondent(s) 11/13/2026 (approx.)

Start date for services (approx.) 1/1/2027 mailto:Trina.bickford@austin.utexas.edu mailto:utvethub-hsp@austin.utexas.edu

SECTION 2 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS

2.1 REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS/EVALUATION CRITERIA:

Respondents must carefully read the information contained in the following evaluation criteria and submit a complete Statement of Qualifications responding to all questions in this Section 2 and formatted as directed in Section 3. Incomplete Qualifications will be considered non-responsive and are subject to rejection.

Qualifications must present Respondent’s qualifications and understanding of required services.

Respondents must address all requirements and provide specific information requested for each evaluation criterion. Qualifications must be concise but thorough and detailed to allow proper evaluation of Respondent’s capabilities to provide required services.

2.1.1 General Information (all information must be completed):

Provide the following information for Respondent:

Legal name of the company as registered with the State of Texas:

Address of the office proposed to provide services:

Primary point of contact (name, title, phone number, email):

Number of years in business:

Type of operation (individual, partnership, corporation, joint venture, etc.):

Annual revenue for the past ten (10) years:

Describe the Respondent’s financial stability in general and confirm willingness to provide financial statements if requested:

Is Respondent currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms. Yes No

Provide any details of all past or pending litigation or claims filed against Respondent that would affect performance under a contract with the Owner:

Is Respondent currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution. Yes No

Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between any member of the Respondent or any sub-consultant, to any Owner employee, officer or member of the University of Texas System Board of Regents?

If so, please explain.

Yes No

Provide a claims history under professional malpractice insurance for the past five (5) years for the Respondent and any team members proposed to provide professional services:

2.2 EVALUATION CRITERIA

2.2.1 CRITERION ONE: RESPONDENT’S STATEMENT OF QUALIFICATIONS AND

AVAILABILITY TO PROVIDE REQUIRED SERVICES (Maximum points: 20)

2.2.1.1 Provide a statement of interest in providing the services described in this RFQ, including a description of the Respondent and the proposed team’s unique qualifications.

Respondent shall provide individual qualifications of the professionals proposed to provide services. These qualifications must include any education, certifications from nationally recognized organizations, technical training, etc.

2.2.1.2 Provide history and important statistics about the prime firm including its size, principal location, and ownership.

2.2.1.3 Provide a statement about the availability and commitment of the prime firm and its principal(s) and key professionals to undertake a project.

2.2.1.4 Provide a statement of willingness to accept the terms and conditions of the contract attached as Exhibit A as written.

2.2.1.5 From the Scope of Services described in Section 1.3, list all services Respondent provides. Separately, list other services (if any) that Respondent may provide via 3rd party/sub-contractors as required for facilitating all services identified in this RFQ, such as services provided at remote locations.

2.2.1.6 From the Scope of Services described in Section 1.3, indicate which services

Respondent is NOT willing to provide either directly or via 3rd party/subcontractors.

2.2.1.7 Describe all other services provided by Respondent that may help more fully explain Respondent's experience and capabilities or that may benefit Owner in conjunction with the services described in this RFQ.

2.2.1.8 Provide any additional information that demonstrates Respondent’s qualifications and additional benefits to UT Austin.

2.2.2 CRITERION TWO: RESPONDENTS ABILITY TO PROVIDE SERVICES AND RESPOND

TO EMERGENCY SITUATIONS (Maximum points: 10)

2.2.2.1 Describe Respondent’s demonstrated ability (personnel, processes and required resources) to perform inspection and testing services when requested, provided that Owner, ODR or General Contractor provides the request for the required inspection or testing a minimum of three (3) business days in advance of the date services are requested.

2.2.2.2 Generally inspections and testing will be requested a minimum of three (3) days in advance. Provide details of Respondent’s ability to respond in the event of an emergency situation where inspections/testing may be required sooner than the three

(3) business day advance notice.

2.2.3 CRITERION THREE: RESPONDENT’S EXPERIENCE IN PERFORMING THIRD PARTY

INDEPENDENT CODE INSPECTIONS, TESTING AND CERTIFICATIONS (Maximum points: 20)

2.2.3.1 List a maximum of five (5) projects for which Respondent provided or is providing services similar to those described in this RFQ to institutions of higher education, medical facilities, research, residential, high-rise, renovation, office, athletic, healthcare or other similar entities. List the projects in priority order, with the most-related project listed first. Provide the following information for each project listed.

Include any projects under an IDIQ (Indefinite Delivery/Indefinite Quantity) agreement:

• Project name, location and owner

• Construction delivery method (construction manager at risk, design-build, competitive sealed proposals, job order contracting, etc.)

• Contractor’s name and point of contact

• Project pre-award or pre-contract estimated cost and final construction cost, including change orders

• Project size in gross square feet

• Description of code inspections and testing services provided by Respondent for the project, broken down by the applicable codes

• Detailed description of deliverables provided to the project owner

• Project description including facility type and type of construction

• Prime firm’s Team Lead (individual responsible to the client for the overall success of the project)

• Identify and highlight proposed team members and roles they played in the project

• Names of the subcontractors (if any) and their role in the project

• Description of how the project and the services provided are similar to the services described in this RFQ

2.2.3.2 Describe Respondent’s past performance providing services similar to those described in this RFQ, on projects for the University of Texas at Austin or any other University of Texas System institution, within the last ten (10) years. If Respondent has not previously provided services for the University of Texas at Austin or any other University of Texas System institution, identify and describe Respondent’s past performance providing services similar to those described in this RFQ on projects for major institutions of higher education including any university medical facilities within the last ten (10) years.

2.2.4 CRITERION FOUR: PROPOSED TEAM TO PROVIDE SERVICES (Maximum points: 10)

2.2.4.1 Provide an organizational chart showing the roles of the members of the proposed team and each proposed subcontractor. Describe the proposed project assignments and lines of authority and communication for principals and key professional members that will be involved in the project.

Note: Key personnel must be committed for the duration of the original term of any agreement resulting from this RFQ as well as all renewal terms. Any substitutions must be reviewed and accepted by Owner.

2.2.4.2 List the primary contact for the proposed team, including their title, email, office phone and cell phone. In the event the primary contact varies for remote locations such as MCD and MSI, please provide that information as well. Identify the point of contact (name, title, phone, email) for the RFQ response and if successful the contact person(s) for correspondence regarding the resulting contract.

2.2.4.3 For Respondent’s principals and key members proposed to provide the services described in this RFQ:

• Provide resumes for each outlining experience and similar expertise related to the services requested

• Provide details of professional certification demonstrating team members meet or exceed the minimum code and UT DCS requirements; list all accreditations and certifications for each individual proposed for the team

• Number of years with Respondent’s firm

• Primary state and city of residence

• Office location where the individual works

• Describe the individual’s proposed role in the services requested

• List any projects similar in scope to the services described in this RFQ, where the

Respondent and the proposed team successfully worked together during the last ten (10) years

• For any project listed in 2.2.3, describe each individual’s role(s) in the project and indicate the percentage of time spent on the project by each individual

2.2.4.4 For each proposed subcontractor to provide the services:

• Identify the proposed subcontractor and provide a brief history of the company

• Identify location of proposed subcontractor’s office and the location of their proposed staff

• Describe the subcontractor’s proposed role in providing the service and their related project experience

• Describe the basis for selection of each proposed subcontractor

• Relevant to this RFQ, list a project that Respondent and the proposed subcontractor have worked on together during the last ten (10) years

• Provide a statement of the proposed subcontractor’s availability for the services described in this RFQ

• Provide resumes detailing the experience and expertise of proposed subcontractor’s principals and key professional members who will be assigned to provide the service described in this RFQ

2.2.5 CRITERION FIVE: REFERENCES (Maximum points: 10)

Provide references for any three (3) of the projects listed in response to 2.3.1. The references shall include:

• Owner’s name, owner’s representative who served as the day-to-day liaison during planning, design, and construction of the project, including representative’s telephone number and email address.

• Architect’s name, architect’s representative and/or cost estimator representative who served as the day-to-day liaison during planning, design, and construction of the project, including architect’s representative’s telephone number and email address.

• Construction contractor’s firm name, contractor’s representative who served as the day-to-day project liaison and/or contractor’s cost estimator, including the contractor representative’s telephone number and email address.

2.2.6 CRITERION SIX: RESPONDENT’S KNOWLEDGE OF AND EXPERIENCE WITH BEST

PRACTICES (Maximum points: 20)

2.2.6.1 For the codes referenced in Exhibit B and UT DCS inspection and testing requirements, provide a comprehensive list of the individual inspections divided by type and construction phase, demonstrating Respondent’s knowledge of standard building construction projects and the timing of when specific inspections are required.

2.2.6.2 Describe how Respondent will coordinate with the ODR and the contractor to schedule the required inspections including methods to coordinate and combine inspections to reduce cost to Owner.

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2.2.6.3 Provide a description and examples of Respondent’s documentation and recordkeeping program to ensure compliance with code and Owner’s standards.

Demonstrate how documentation clearly and unambiguously demonstrates contractor’s compliance with project plan requirements. Describe any documentation or record-keeping software used, demonstrating its compliance with Owner’s electronic records requirements.

2.2.6.4 Describe Respondent’s quality assurance program explaining the method used and how quality control is maintained. How is this quality assurance maintained during construction of the stages or phases during the construction phase of a project?

2.2.6.5 Describe how Respondent notifies the Owner/ODR of a non-compliant code issue and the timing of that notification.

2.2.6.6 Describe Respondent’s backup plan if a team member (for whatever reason) is unable to make it to a scheduled appointment.

2.2.7 CRITERION SEVEN: PROBLEM RESOLUTION (Maximum points: 10)

Describe Respondent’s understanding of the administrative challenges and opportunities associated with providing construction code compliance inspections and testing services for The University of Texas at Austin on projects, and proposed strategies for resolving these issues.

SECTION 3 – FORMAT FOR STATEMENT OF QUALIFICATIONS

3.1 GENERAL INSTRUCTIONS:

3.1.1 Qualifications must be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of this RFQ. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements and an understanding of the Owner’s needs.

3.1.2 Respondents must carefully read the information in this solicitation and submit a complete response to all requirements and questions as directed. Incomplete responses will be considered non-responsive and subject to rejection.

3.1.3 Qualifications and other information submitted in response to this solicitation shall become the property of the Owner.

3.1.4 The Owner will not compensate Respondents for any expenses incurred in preparing and/or submitting Qualifications or for any presentations/interviews that may be required, unless agreed to in writing in advance or as required by law. Respondents submit Qualifications at their risk and expense.

3.1.5 Qualifications qualified with conditional clauses, alterations, items not called for in the solicitation documents and/or irregularities of any kind are subject to rejection by the Owner, at its option.

3.1.6 Owner makes no representation of any kind that an award will result from this RFQ. Owner reserves the right to accept or reject any or all Qualifications, waive any formalities or minor technical inconsistencies or delete any item/requirement from this RFQ when deemed in Owner’s best interest.

3.1.7 Failure to comply with all requirements in this solicitation may result in reject of Qualifications.

3.2 SUBMISSION OF QUALIFICATIONS:

3.2.1 Submit responses as searchable PDFs, bookmarked and linked Table of Contents via the upload link provided, including any supplemental printed material referenced within the Qualifications. An original or valid e-signature must appear on the “Statement of Interest” section of all submitted copies. The Qualifications must be received on or before the time and date specified above by the point-of-contact identified in Section 1.5.

3.2.2 Show the RFQ number and submittal date as a header in the upper right-hand corner of response.

3.2.3 Submit one (1) PDF copy of the VetHUB Subcontracting Plan (SP).

3.3 DOCUMENT FORMAT:

3.3.1 Submittals and attachments should be searchable PDFs.

3.3.2 Submittals should be printable on letter-size (8-1/2” x 11”) paper, portrait orientation.

3.3.3 Marketing or other additional material outside of that required to provide a responsive statement of qualification is not requested but may be included as labeled attachments and will be counted towards any maximum page count limits.

3.4 EVALUATION CRITERIA:

Qualification evaluation questions do not necessarily have to be restated; however, it must be clear which question the Respondent is addressing and should follow the order in the RFQ including indicating the section numbers. Disorganized responses may result in lower evaluation scoring.

3.5 PAGINATION:

3.5.1 Qualifications shall be a MAXIMUM OF FORTY-FIVE (45) PAGES. The cover, table of contents, divider sheets, VetHUB Subcontracting Plan, and Execution of Offer are not included in page count.

3.5.2 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.). Additional attachments, if any, should be numbered separately.

SECTION 4 – GENERAL REQUIREMENTS

4.1 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the Technical Services Agreement Indefinite Scope of Services, a copy of which is attached to this RFQ.

4.2 PUBLIC INFORMATION: All information, documentation and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code Chapter 552.011, et seq.)

after the solicitation is completed.

4.2.1 Owner strictly complies with all statutes, court decisions and opinions of the Texas Attorney General with respect to disclosure of RFQ information.

4.3 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this RFQ that materially affect or change its requirements will be posted by the Owner as an addendum on the PDC web site (https://construction.utexas.edu/minor-project-solicitations). It is the responsibility of all Respondents to obtain this information in a timely manner. All such addenda issued by the Owner before the proposals are due as part of the RFQ, and respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications.

4.3.1 Respondents shall consider only those clarifications and interpretations that the Owner issues by addenda seven (7) business days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Qualifications.

4.3.2 Respondents shall submit any questions prior to the deadline; questions received after the deadline will not be addressed or incorporated into any addendum.

4.4 EVALUATION OF QUALIFICATIONS: The evaluation of the Qualifications shall be based on the requirements described in this RFQ. All properly submitted Qualifications will be reviewed, evaluated, and ranked by the Owner. The top ranked Respondents may be selected by the Owner to participate in further in the selection process.

4.4.1 Qualifications shall not include any information regarding Respondent’s fees, pricing, or other compensation.

4.5 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the engagement. The Owner reserves the right to divide the engagement into multiple parts, to reject any and all Qualifications and re-solicit new Qualifications, or to reject any and all proposals and temporarily or permanently abandon the engagement. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFQ and no such representation is intended or should be construed by the issuance of this RFQ.

4.6 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

4.7 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFQ shall be at the sole risk and responsibility of the respondent.

4.8 PRE-SUBMITTAL CONFERENCE: A pre-submittal conference will not be held.

4.9 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using subcontracted companies for specific project assignments.) The Owner will contract only with the individual firm or formal organization that submits a Qualification.

4.10 VETERAN HEROES UNITED IN BUSINESSES (VetHUB): See Exhibit H. It is the policy of the UT System, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for VetHUBs in all contracts. Accordingly, UT Austin has adopted Exhibit H, Policy Veteran Heroes United in Business (VetHUB) (Policy). The Policy applies to all contracts with a potential value of $100,000 or more. If the Vendor Management Office (VMO) determines that subcontracting opportunities are probable, then a VetHUB Subcontracting Plan (SP) is a required element of the Response. Failure to submit a required SP will result in rejection of the response.

4.10.1 STATEMENT OF PROBABILITY: VMO has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, an SP is required as a part of the Respondent's response. The Respondent shall develop and administer an SP as a part of the Respondent's response in accordance with the Exhibit H, Policy Veteran Heroes United in Business (VetHUB). Any questions concerning VetHUB requirements may be addressed to:

Vendor Management Office 1616 Guadalupe St.

UTA, Suite 3.302 Austin, TX 78701 Phone: 512-471-4266 Email- UTVETHUB-hsp@austin.utexas.edu

4.11 QUALIFICATION-BASED SELECTION PROCESS: Selection of the most highly qualified Respondents will be established by the demonstrated competence and qualifications as determined by the UT Austin based upon the Qualifications submitted in response to this RFQ. UT Austin may select multiple respondents to provide services on an as-needed basis for projects in planning, design and/or construction phases located/identified at various UT Austin managed sites.

4.12 EVALUATION OF QUALIFICATIONS: UT Austin representatives will evaluate Qualifications based on requirements described in Section 2. All Qualifications will be evaluated, and UT Austin may invite one or more of the most highly qualified Respondents to attend interviews, before final ranking of the Respondents. The interviews will allow the invited Respondents to further discuss their qualifications and to respond to questions from UT Austin. UT Austin will make public the name of the selected firms after agreements with those Respondents have been executed.

4.13 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Texas Government Code, the vendor certifies that the individual or business entity named in this bid 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." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted mailto:UTVETHUB-hsp@austin.utexas.edu or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

4.14 SALES AND USE TAXES: Section 151.311, Texas Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include UT Austin. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

4.15 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law (H.B.

175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

4.16 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The Texas

Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to

REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR

GOVERNMENTAL ENTITIES. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity.

4.17 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

4.18 STATE REGISTRATION: If a Respondent is proposing to provide professional services as a professional engineering firm or professional architectural firm, appropriate registration of firm is expected throughout the term of the Contract.

4.18.1 ENGINEERING FIRMS: The Respondents are advised that the Texas Board of Professional

Engineers require that any entity providing engineering services to the public must register with the Texas Board of Professional Engineers and Land Surveyors (TBPELS). An entity is defined as a sole proprietorship, firm, partnership, corporation or joint stock association.

4.18.2 ARCHITECTURE FIRMS: The Respondents are advised that the Texas Board of Architectural Examiners requires that any firm or business entity providing architectural services to the public, other than a sole proprietor doing business under his/her name, must annually register information regarding the firm or business entity with the Texas Board of Architectural Examiners. Texas Board of Architectural Examiners, Austin, Texas, has jurisdiction over individuals licensed under the Architects’ Registration Law, Chapter 1051, Texas Occupations Code.

4.19 POLICY REGARDING RECEIVING BENEFITS, GIFTS AND HONORARIA: In most cases, benefits, gifts, honoraria and other entertainment activities all staff may be exposed to are restricted by University policy as well as provisions of state law or UT System rule or policies. Items or activities that represent or may be perceived to represent a “Conflicts of Interest” are not allowed. Owner recommends Respondents endeavor to use appropriate judgment related to the requirements and actions during both the procurement phase and the contracting phase. The University considers items paid for by a service provider such as entertainment events, raffle/door prizes, clothing meals, gifts including food or alcohol, or anything during the solicitation process or negotiations, or during a financial review or audit. Honorariums for speaking at conferences are not allowed.

4.20 DISCLOSURE OF INTERESTED PARTIES STATUTE: In its response, Respondents must agree to comply with Section 2252.098, Texas Government Code (“Disclosure of Interested Parties Statute”) and 1 Texas Administration Code Section 46.1 through 46.3 (“Disclosure of Interested Parties Regulations”) as implemented by the Texas Ethics Commission (TEC), including, among other things, providing the TEC and UT System with the information required by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties Regulations on the form promulgated by the TEC. The form will be required to be submitted to Owner prior to the countersigning of the final agreement and not submitted with this RFQ.

4.21 GROUP PURCHASE AUTHORITY: Texas law authorizes institutions of higher education (defined by Section 61.003, Texas Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115 and 74.008, Texas Education Code). Therefore, additional Texas institutions of higher education may use this procurement to enter into a contract with the successful Proposer on the same terms and for the same period of time established in an Agreement executed pursuant to this RFQ.

4.22 CERTIFICATION REQUIRED BY TEXAS GOVERNOR EXECUTIVE ORDER GA-48: Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, Contractor certifies that it and, if applicable, any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of

Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

[NOTE: Executive Order GA 48 states that a public institution of higher education cannot enter into a new contract, contract extension, or contract renewal for a good or service with any company that meets any of the above-listed criteria. However, if the public institution of higher education can sufficiently demonstrate that (a) the good or service is necessary for the institution of higher education to fulfill a core function that directly benefits Texans and (b) the good or service can only be provided by an entity that meets one of the above listed criteria, then the public institution of higher education may enter into a new contract, contract renewal, or contract extension with such an entity for no more than one year from November 19, 2024, and never thereafter.

SECTION 5 – ATTACHMENTS TO THE RFQ

5.1 Exhibit A - Draft “Technical Agreement Between the Board of Regents, The University of Texas System and the Service Provider for Technical Services Agreement Indefinite Scope of Services”

5.2 Exhibit B – Codes and Standards, Owner’s Design Guidelines

5.3 Exhibits C-G: Not used

5.4 Exhibit H – Policy on Utilization of Veteran Heroes United in Business (VetHUB)

5.5 Exhibit I – Uniform General and Additional General Conditions

SECTION 6 – EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE

RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND RETURN THIS

EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN REJECTION OF THE

QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR ANY

AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE

SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND THE RESPONDENT MAY BE REMOVED

FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL

BREACH OF CONTRACT AND, AT OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY

RESULTING CONTRACT OR PURCHASE ORDER.

6.1 By signature hereon, the Respondent acknowledges and agrees that (1) this RFQ is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of Qualifications by Respondent in response to this RFQ will not create a contract between the Owner and the Respondent;

(3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFQ; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFQ.

6.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Qualifications, and to comply with all terms, conditions and requirements set forth in the RFQ documents and contained herein.

6.3 By signature hereon, Respondent affirms that he has not given, 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 Qualifications.

6.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

6.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Qualifications made to any competitor or any other person engaged in such line of business.

6.6 By signature hereon, the Respondent represents and warrants that:

6.6.1 The Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFQ;

6.6.2 The Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFQ;

6.6.3 The Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

6.6.4 The Respondent understands (i) the requirements and specifications set forth in this RFQ and

(ii) the terms and conditions set forth in the Contract under which the Respondent will be required to operate;

6.6.5 The Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

6.6.6 All statements, information and representations prepared and submitted in response to this RFQ are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, the Respondent will notify the Owner immediately of any material change in any matters about which the Respondent has made a statement or representation or provided information.

6.7 By signature hereon, the Respondent certifies that the individual signing this document and the documents made part of the RFQ is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of the Respondent’s Qualifications.

6.8 By signature hereon, the Respondent certifies that if a Texas address is shown as the address of the Respondent, the Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2.

6.9 By signature hereon, the Respondent certifies as follows:

6.9.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

6.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid 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.”

6.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by the Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”

6.10 By signature hereon, the Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between the Respondent and an employee of any University of Texas System component, or the Respondent has not been an employee of any University of Texas System component within the immediate twelve (12) months prior to the RFQ response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with the Respondent.

6.11 By signature hereon, the Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFQ. (ref. Section 2155.004 Texas Government Code).

6.12 The Respondent represents and warrants that all articles and services quoted in response to this RFQ meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

6.13 By signature hereon, the Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

6.14 By signature hereon, the Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and…