ESBD_File_297440_22-080122-RFP-ElPaso HWH 8 11 22-Final2-ESBD.pdf

Texas Juvenile Justice Department

1711 San Jacinto Blvd.

Austin, Texas 78701

REQUEST FOR PROPOSALS

FOR

THE LEASE OF A RESIDENTIAL FACILITY IN EL

PASO COUNTY, TEXAS, OR SURROUNDING AREAS,

FOR USE AS A COMMUNITY TRANSITION CENTER

FOR THE TEXAS JUVENILE JUSTICE DEPARTMENT

(TJJD)

18 - 30 BEDS PLUS OFFICE SPACE WITHIN A

MINIMUM 4,500 SQ. FT., ON .5-10 ACRES

RFP # 644-22-080122

Class/Item: 971-64

Dated: August 11, 2022

Solicitation No.: 644-22-080122

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO.

2. SOLICITATION NO.

644-22-080122

3. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFO)

NEGOTIATED (RFP)

4. DATE ISSUED

August 11, 2022

SOLICITATION

5. SOLICITATION CONTACT:

Primary contact:

Jeanette Vrabel, CTCM, CTCD, Contract Specialist

PHONE: (512) 490-7728

FAX: (512) 490-7252

E-MAIL: Jeanette.Vrabel@tjjd.state.gov

Secondary contact:

William Walk, CTCM, CTCD, Contract Specialist

PHONE: (512) 490-7265

FAX: (512) 490-7252

E-MAIL: William.Walk@tjjd.state.gov

Emailed proposals will be received by the Texas Juvenile Justice Department (TJJD) until 2:30 p.m.

CT on September 13, 2022, and submitted to TJJD, by email.

OFFER (Must be fully completed by Offeror)

7. DISCOUNT FOR PROMPT PAYMENT: 10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

8. ACKNOWLEDGMENT OF

ADDENDUM(S):

(The offeror acknowledges receipt of addendum(s) to the SOLICITATION for offerors and related documents numbered and dated:

ADDEDNDUM NO. DATE ADDEDNDUM NO. DATE

9. NAME AND ADDRESS

OF OFFEROR:

10. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or Print)

11. TELEPHONE NO. (Include area code)

12. SIGNATURE

13. OFFER DATE

TO BE COMPLETED AT TIME OF AWARD

Document Type:

This award consummates the contract which consists of the following documents: (a) the State’s solicitation, and solicitation amendments, such provisions, representations, certifications, specifications, and negotiated changes as hereby incorporated and attached to this award (b) the contractor’s offer, points of clarification, responses to clarification request

Solicitation No.: 644-22-080122 mailto:Jeanette.Vrabel@tjjd.state.gov mailto:William.Walk@tjjd.state.gov and/or best and final offer, and negotiated changes as hereby incorporated and attached to this award and (c) this award.

In the event of a conflict between any terms and conditions of this contract document with Contractor’s offer, points of clarification and/or best and final offer, the terms which are more favorable to TJJD shall prevail.

The total funding for the base period of this contract ( ) shall not exceed $ .

Lessor

Texas Juvenile Justice Department

By: By:

Name Title:

Date:

Title:

Date:

Executive Director

TABLE OF CONTENTS

Section I General Information Page 5

Section II Proposal Information Page 6

Section III General Terms and Conditions Page 17

Section IV Proposal Submittal Form and Execution of Proposal Page 19

Section V Lease Specifications Page 22

Attachment 1 Texas Juvenile Justice Department Lease Agreement Page 23

Exhibit A Rent Schedule Page 30

Exhibit A -1 Texas/TJJD Contract Required Terms and Conditions Page 31

Exhibit B Plans and Specifications Page 44

Exhibit B-1 Lease Requirements Page 45

Exhibit B-2 Specific Requirements & Room Schedule Page 49

Attachment 2 Move-out Conditions Page 55

Exhibit C HUB Subcontracting Plan (HSP) Page 56

FACILITIES LEASING REQUEST FOR PROPOSAL

SECTION I

GENERAL INFORMATION

The Texas Juvenile Justice Department (TJJD) is soliciting offers for a 18-30 Bed residential facility plus office space, within a minimum of 4,500 sq. ft., to be used as a Community Transition Center for TJJD Youth, in El Paso County, Texas, or surrounding areas.

TJJD has authorized delegation to procure under the guidelines provided in Texas Government Code, Title 10, Subtitle D, Chapter 2167. All proposals must meet the requirements outlined in this solicitation to be considered for evaluation by the TJJD.

1. SCOPE: Lease of an 18 - 30 Bed residential facility plus office space, within a minimum of 4,500 square feet of space in El Paso County, Texas and surrounding areas, reference Section V for detailed lease specifications.

2. LEASE TERM: The initial term of the lease will be for five (5) years with three (3), five (5)-year renewal option periods to be negotiated and executed prior to term expiration and with the option to purchase with credit of all TJJD paid rent. If Respondent will seek increases in the lease rate during the term of the lease, please provide price increase options for each renewal period.

3. OPTION TO PURCHASE: TJJD would consider the option to purchase the lease property with full credit for rents paid under this lease.

4. TRANSITION PERIOD: TJJD will need a 30-day transition period from current location to new awarded Respondent’s location, if applicable

5. DEFINITIONS:

ADA - American Disabilities Act

Lessee/TJJD – Party leasing the property from lessor.

Lessor/Vendor/Respondent – Party leasing the property to lessee (TJJD).

TAS - Texas Accessibility Standards

SECTION II

PROPOSAL INFORMATION

1. INTRODUCTION: This Request for Proposal (RFP) describes space to be leased as a minimum of 4,500 usable square feet of residential and office space for needs of the TJJD Youth in El Paso County, Texas, or surrounding areas.

2. THE LEASE: The State of Texas’ standard lease requirements will be used. (Refer to Section V THE

STANDARD LANGUAGE WITHIN THE LEASE REQUIREMENTS IS NOT NEGOTIABLE.

3. SCHEDULE OF EVENTS: TJJD reserves the right to change the dates shown below upon written notification via an addendum to the electronic state business daily (ESBD).

EVENT DATE

Issue RFP August 11, 2022 Deadline for Submission of Questions at 3:00 p.m. CT August 18, 2022 Deadline for Submission of Proposals at 2:30 p.m. CT September 13, 2022 Completion of Proposal Evaluations September 20, 2022 Award of Lease September 22, 2022 Expected Service Commencement Date February 1, 2023

All inquiries that result in a change to the solicitation or that TJJD deems necessary for clarifications will result in a written addendum posted to the ESBD.

Please be advised that any oral responses are not binding and that all changes to the solicitation will be done via an addendum.

4. RESPONDENT IS TO SUBMIT WITH THEIR PROPOSAL A HUB SUBCONTRACTING PLAN

TJJD’s promotes and encourages contracting and sub-contracting opportunities for State of Texas Historically Underutilized Businesses (HUBs). Successful Respondents are strongly encouraged to sub-contract with HUBs and may obtain assistance from TJJD to identify available HUBs, prior to, and after the award of any contracts from TJJD. TJJD and its contractors shall make a good faith effort to meet or exceed the statewide HUB participation goals set by the Texas Comptroller of Public Accounts. TJJD uses CPA policies regarding HUBs.

Respondent must state whether it is a Texas Certified Historically Underutilized Business (HUB). If yes, submit a copy of registration.

Respondent must submit a HUB Subcontracting Plan (HSP). The forms for completing the HSP are attached as Exhibit C. A proposal submitted in response to this RFP that does not contain a HUB Subcontracting Plan, or if the plan submitted is determined not to be in good faith, will be considered non-responsive and be disqualified. The link to the CPA internet site for information regarding the HSP is:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

Respondent must state its willingness to submit monthly compliance reports regarding its HSP.

It has been determined by TJJD that there are probable subcontracting opportunities in the scope of the work for this proposal/offer. Please fill out the HUB Subcontracting Plan forms and instructions, as part of Exhibit C.

HUB subcontracting opportunities may be available in the following commodity class/item codes.

Class/Item Description 971-64 Residential Space Rental

Solicitation No.: 644-22-080122 https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

906-56 Landscaping Services 910-27 Garbage and Trash Removal 910-36 Building Maintenance-HVAC 910-39 Janitorial and Custodial Services 910-54 Building Maintenance General 910-59 Pest Control Services 910-60 Building Maintenance-Plumbing

The list above is not, nor is it intended to be, a comprehensive list that identifies all subcontracting opportunities.

If further assistance is needed in preparing the HSP you may contact the TJJD HUB Coordinator at 254-218- 2065, or by email at: Kellie.Waller@tjjd.texas.gov

Any Vendor submitting a proposal in response to this solicitation (also referred to as Respondent) accepts TJJD’s methodology and evaluation process listed herein for awarding contracts.

5. SUBCONTRACTORS:

Subcontractors providing services under the contract shall meet the same requirements, level of experience, and licensure as required of the Respondent. No subcontract under the contract shall relieve the Respondent of the responsibility for the service. If a Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply:

a. If Respondent is planning to subcontract any portion of the work, they must identify the proposed subcontractors in their initial proposal and TJJD must approve all subcontractors and subsequent contracts and obtain prior approval from TJJD before Respondent enters into any subcontract agreements;

b. TJJD retains the right to check a subcontractor’s background and make an approval determination as to the use of the proposed subcontractor(s); and

c. Vendor shall be the only contact for TJJD and subcontractors. Vendor shall designate a point-of-contact for all TJJD and subcontractor inquiries.

6. RESPONDENT RESPONSE

TJJD will select the Respondent that offers the best value as determined by the information provided in the Respondent’s Response.

7. PRICING

The main purpose of this section is to detail the pricing for the required services. Respondent should also provide a summary of any assumptions and exclusions. Respondent must provide cost in Section IV and Exhibit A. Respondent shall provide firm fixed pricing.

8. PROPOSAL REQUIREMENTS:

PROPOSAL PREPARATION INSTRUCTIONS

1.PURPOSE OF INSTRUCTIONS

The following paragraphs set forth instructions for proposal preparation and the required format. These instructions are designed to assure the submission of information essential to the understanding and comprehensive evaluation of the Respondent's proposal. Proposals shall be prepared in accordance with these instructions providing all required information in the format specified. Failure of a proposal to show compliance with these instructions may be grounds for exclusion of the proposal from further consideration.

mailto:Kellie.Waller@tjjd.texas.gov

2.SUBMISSION OF PROPOSALS

1. Proposals must be typed using 12 point font on standard letter size paper (8-1/2" x 11"), all pages numbered, a table of contents included, and sections clearly tabbed. Do not submit printed firm brochures with the Proposal. Proposals shall be submitted under the tabs as described further below.

2. Each proposal must contain individual sections, as well as subsections, addressing each of the solicitation criteria in order.

3. Proposal(s) must be received by TJJD by email to the TJJD contact person listed in this solicitation.

Proposal(s) shall be received by TJJD on or prior to the due date stated in the Schedule of Events.

4. Proposal should be attached as one (1) PDF file in an email and emailed to the TJJD contact person for this solicitation. The email subject line must have the solicitation number and name and respondent’s business name. The text in the email shall contain this information along with the submittal deadline/opening date, and time. It is the Respondent’s responsibility to ensure that the email for the proposal contains this information and is emailed to TJJD by the specified due date and time.

5. Receipt of any addenda to this solicitation should be acknowledged by returning a signed copy of each addendum to the response as part of the Respondent’s submitted proposal. The Respondent’s failure to acknowledge receipt of all addenda to this solicitation will in no way release the selected Respondent from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

6. Responses submitted shall constitute an offer for a period of one hundred twenty (120) days or until award is made by TJJD, whichever is later.

7. Respondent to this solicitation is responsible for all cost of proposal preparation and submission.

8. Proposals will be subject to the Texas Public Information Act (Act), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Vendor may request protection of trade and confidential information from public release by clearly marking each page on which this information appears with “Confidential” in bold face type in at least 14 point font, however all information submitted is subject to the Act and considered for release.

9. Prospective Vendors are asked to bear in mind that all material submitted should be directly pertinent to the requirements of the solicitation. Extraneous narrative, elaborate brochures, uninformative PR material, etc.

shall not be submitted.

10. Telephone or facsimile transmission of a proposal will not be accepted.

11. The Lessor must indicate the costs for Tenant Agency Specific Improvements and Utility Costs as requested on the proposal submittal form. The State reserves the right to assume costs for those services at any time during the original lease period or renewal and to reduce the monthly rental by the applicable amount.

12. In certain circumstances, as described in the Texas Government Code, Title 10, Subtitle D., Section

2167.003, the TJJD will give first consideration to any structures that have been designated Recorded Historic Landmarks, listed on the National Register of Historic Places, or have been designated landmarks by the local governing authority. Please indicate on the face of proposal submittal form if the space offered meets these requirements.

13. Per Texas Government Code, Title 10, Subtitle D., Section 2167.009, in leasing space for the use of a state agency, TJJD or the private brokerage or real estate firm assisting TJJD shall give consideration to a federally owned or operated military installation or facility. Please indicate on the face of proposal submittal form if the space offered meets these requirements.

3. PROPOSAL CONTENT SUBMISSION

Content: Proposals submitted without the following information will be rejected. TJJD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Proposal Submittal and Execution of Proposal Form shall be returned with the proposal response. Failure to do so will result in disqualification.

Response Content Submission Place information under corresponding TABs as follows:

TAB 1 Transmittal Cover Letter (signed) Respondent or Company Information & Organization, Organizational Profile TAB 2 Experience and Financial Condition TAB 3 Condition of Facility and Location TAB 4 References TAB 5 Proposal Submittal and Execution of Proposal Form (price), Section IV and Exhibit A, TAB 6 Ownership and Control TAB 7 Hub Subcontracting Plan (HSP) (Exhibit C): Provide HSP by filing out and submitting the forms found in Exhibit C with proposal.

TAB 8 Solicitation Exceptions/Assumptions

1. TAB 1- Forms and Company Information and Organization: Including, but not limited to, the following:

Section 1 - Contract Forms

Section 1 shall include the following original signed forms and contract sections required to show the Respondent's acceptance of the solicitation terms and conditions:

1. Transmittal Cover letter; limited to two pages, which can include a brief statement of Respondent’s understanding of the work to be performed and summary of proposed features and signed.

2. A cknowledgement of solicitation addendums, if applicable; and

3. Preferences: Describe all procurement preferences to which you are entitled under the Texas Government Code, such as Disabled Service Veteran or Services from Economically Depressed or Blighted Areas.

Section 2- Company Information and Organization

Section 2 shall include the following:

a. Company description;

b. Ownership (if partnership, identify each partner);

c. Physical address (if partnership, include address of each partner);

d. Mailing address (if partnership, include address of each partner);

e. Other company locations;

f. Telephone and facsimile number;

g. E-mail address of company’s primary contact;

h. Financial report, including latest annual report and latest quarterly report.; and

i. All litigation that your company has been involved in within the last three (3) years. If the firm has been in existence less than three (3) years, identify litigation involving owners and management.

2. TAB 2 - Experience and Financial Condition:

a. Provide a summary of qualifications, including commercial development experience and commercial property management experience;

b. Provide a summary of real properties currently owned and/ or managed;

c. Provide resumes of key management personnel;

d. Describe separately, properties currently leased to the State; and

e. Provide a written statement attesting to financial capacity to perform under the terms, conditions, and specifications of the State Lease Contract. (Refer to Section V)

3. TAB 3 - Condition of facility and location:

Section 1: Condition of Facility: Provide a description of the condition of facility offered, by describing:

a. the original use versus current use;

b. age of facility offered;

c. general condition of building;

d. security for parking and building;

e. description of TAS and ADA compliance;

f. description of any asbestos, mold or other hazardous abatement in the past 5 years;

g. one (1) signed original and three (3) copies of property condition statement; and

h. if requested by TJJD, a copy of all utility bills for the past year;

i. parking availability;

j. telephone service availability; and

k. TJJD’s ability to staff the facility.

Section 2: Location: Provide the following documents and description for the location:

A. Location

Respondent must provide one (1) copy of a city map indicating location of the building/site offered. The County of El Paso are the preferred location for the leased property. However, proposals will be accepted for property outside the preferred location, but those proposals will be evaluated and scored accordingly. Reference evaluation criteria found in the Proposal Requirements.

Respondent must provide a detailed description of the site, demonstrating compliance with all criteria as outlined in this RFP. This should include:

(1) Maps showing location within county, roads, utility connections and contour lines should be included in this section. A map showing the site in relation to the 100-Year floodplain as also required.

(2) Description of environmental factors such as nearby pollutants, toxic waste, wildlife, protected lands, zoning restrictions, landfills, underground storage tanks, etc., as applicable. An environmental assessment phase I in accordance with the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 USCA 9601) must be submitted with the proposal assuring that no environmental liability is transferred with the leased property.

(3) Site must be on or within 450 feet of a primary street or highway. For purposes of this specification, a primary street or highway shall be defined as a fully surfaced public street, thoroughfare, or highway with minimum of four (4) lanes in urban areas, and (2) lanes in rural areas for movement of traffic.

(4) Public bus transportation must be available within ½ mile of the entrance to the facility site and there must be an accessible route as prescribed in TAS and Americans with Disabilities Act Accessibility Guidelines (ADDAG). Any such accessible routes shall be covered with a hard surface material such as concrete, asphalt paving, or comparable surface material.

(5) The site may not be located within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship without complying with Chapter 244, Texas Local Government Code and 37 TAC §385.8161. Lessee will review proposal sites for compliance.

Written evidence of compliance with Chapter 244, Texas Local Government Code and 37 TAC §385.8161 is required at time of proposal submission.

(6) Public Hearing Requirements, Notice Requirements, and Compliance with all applicable local, city, and county statutes must be met.

(7) It is preferred that the facility be in the proximity of adequate educational and medical care.

Information should be included regarding the distances to the nearest middle school and secondary school and transportation available to such schools.

4. TAB 4 - References: Provide references with contact information that is current and active for the following.

TJJD may contact these references at their discretion.

a. Include a minimum of three (3) references from current tenants (other than the client agency requesting the space), including names, company information, and telephone numbers;

b. Provide references from other State agencies; and

c. Provide information regarding any experience with the Texas Juvenile Justice Department (TJJD).

5. TAB 5 – Proposal Submittal and Execution of Proposal Form (Price): Provide a completed form with proposal (Section IV and Exhibit A).

Execution of Proposal form: Respondents shall provide a Lease Space Cost for the property to be leased in response to this RFP. This form is to be completed and return with the proposal. It is to be signed by an authorized person of your company. Failure to do so will result in disqualification of the proposal.

6. TAB 6 – Ownership/Control: Provide the following:

A. Ownership/Control

1. TJJD will NOT accept any proposal without a specific legal description AND legally enforceable documentation proving ownership or control of the property offered. If the property is currently owned by the lessor, the proposal must include the following to support ownership.

a. A legible copy of a recorded deed showing the name(s) of the owner(s) and legal description. The name(s) of the owner(s) must match the names of the lessor(s). The recorded deed must include the legal description of the property offered.

b. If the legal description in the deed does not describe the property offered (because of re subdivision or other reasons), the lessor shall attach a current legal description of the specific property and a plat map clearly identifying the specific property.

2. If the property is not currently owned by the Lessor, the proposal must include the following to prove control.

a. A legible copy of the fully executed document demonstrating control of the property offered, which may be demonstrated by a contract for sale or exclusive option or other legally enforceable agreement acceptable to TJJD, between the seller and lessor. Any documentation submitted to prove control of the property must contain clear language specifying the legal description and period of control, which must NOT terminate during the evaluation process and prior to a lease Award.

b. A copy of a recorded deed showing the name of the owner(s) must exactly match the name of the seller(s). The recorded deed must include the legal description of the property conveyed.

c. If the legal description in the deed does not describe the property, the lessor shall attach a plat map clearly identifying the specific property offered.

d. Proof of legal authority to act on behalf of an owner must be submitted.

3. A proposal submitted by an agent MUST include a copy of the legally enforceable document, acceptable to TJJD, identifying the principal, scope, and duration of the agency.

4. No property substitution will be allowed.

5. All owners or potential owners of the property must be disclosed.

7. TAB 7 - Hub Subcontracting Plan (HSP) (Exhibit C): Provide HSP by filing out and submitting, with the proposal, the forms found in Exhibit C.

8. TAB 8 – Solicitation Exceptions/Assumptions: Place any exceptions/Assumption under this tab.

In this section, Respondents shall indicate compliance with solicitation requirements set forth in the solicitation.

It is not necessary to respond on a paragraph by paragraph basis; but to identify by reference, any exceptions in a single statement. If the Respondent agrees to the terms of the solicitation in its entirety, a single statement to that effect will suffice.

If the Respondent does not certify compliance with any of the above listed sections, Respondent shall also include in this section any assumptions used in preparing the proposal and any exceptions and/or requested changes. All deviations from the solicitation requirements or terms and conditions shall be fully explained and justified.

4. INQUIRIES:

1. All inquiries shall be submitted in writing to:

Primary contact:

Jeanette Vrabel, CTCD, CTCM, by email to Jeanette.Vrabel@tjjd.texas.gov and to Secondary contact: William Walk, CTCM, CTCD, William.Walk@tjjd.texas.gov.

2. All relative inquiries will result in written responses by addendum and posted to the Electronic State

Business Daily (ESBD) at: http://www.txsmartbuy.com/esbd. If provider does not have Internet access, copies may be obtained through the point of contact listed above.

3. Beside written inquiries as described above, other employees and representatives of TJJD will not answer questions or otherwise discuss the contents of the solicitation with any potential service provider or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this RFP.

4. Any changes to this solicitation will be posted as an addendum to the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

If this solicitation is amended by addendum all terms and conditions which are not modified remain unchanged.

Solicitation No.: 644-22-080122 mailto:Jeanette.Vrabel@tjjd.texas.gov mailto:William.Walk@tjjd.texas.gov http://www.txsmartbuy.com/esbd

E. TJJD REPRESENTATIVE OF DISCUSSION AND CORRESPONDENCE

All communications and questions concerning this solicitation, including any of a technical nature, must be made through the TJJD Office of General Counsel. All correspondence and communication, including written questions, shall be directed to the TJJD contact person listed in this solicitation under General Information:

Written answers to the questions will be provided to all Respondents via addendum(s) thru the ESBD.

Respondents should only rely on the written information provided in this manner. Respondents are specifically barred from making contact with any TJJD personnel involved in this solicitation for the purpose of discussing their proposals. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this RFP. Respondents are reminded to submit written questions for clarification t o the TJJD solicitation contact person by the question submission due date noted in the schedule of events of this solicitation. Respondents are specifically cautioned against relying on any oral information. The responsiveness of each proposal will be evaluated upon instructions given in this solicitation and any addendums thereto. Unauthorized contacts with TJJD personnel could result in the proposal being rejected in its entirety.

Any changes to this solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Failure to periodically check the ESBD will in no way release vendor from “addenda or additional information” resulting in additional cost to meet the requirements of the solicitation.

Upon issuance of this RFP, besides written inquiries as described above, other employees and representatives of TJJD will not answer questions or otherwise discuss the contents of the RFP with any potential lessor or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal.

F. POINT OF CONTACT:

1. Respondent shall provide the name, address and phone number of a point-of-contact for questions concerning the submitted proposal.

Name: Title:

Phone Number: Fax Number:

Street Address:

City: State: Zip Code:

G. QUESTION AND ANSWERS

Respondents must submit all questions regarding this solicitation by email to the TJJD point of contact for this solicitation. Questions regarding this solicitation will be accepted by the date and time specified in the Schedule of Events. The Agency will respond to questions received no later than the date and time specified in the Schedule of Events.

By submission of an inquiry, Respondent acknowledges that the applicable inquiry and official answer may be shared with other Respondents and therefore Respondents will not include any confidential or proprietary information in such inquiries. The Agency will not identify the Respondent that submitted any particular inquiry.

H. DELIVERY OF PROPOSALS

1. Proposals shall be emailed to TJJD at the following email address: Jeanette.Vrabel@tjjd.texas.gov

2. Proposals emailed to TJJD after the deadline stated in the Schedule of Events in this section may be disqualified and will not be evaluated.

I. PROPOSAL OPENING

a. Proposals will be received until the date and time established for receipt. Proposals will be opened at the date and time on the date of the Deadline for Submissions of Proposals per the Schedule of Events.

b. Telephone or facsimile proposals will not be accepted in response to this RFP.

c. All submitted proposals become the property of TJJD after the RFP submittal deadline/opening date.

d. Responses submitted shall constitute an offer for a period of one hundred and twenty (120) days or until selection is made by TJJD, whichever is later.

e. Respondent certifies that owner is not currently delinquent in the payment of any taxes or certain debts owed in accordance with Texas Government Code Section 2252.903.

f. Offers of property, the legal status of which contemplates the State as a sublessee, will not be considered responsive to this RFP and will be returned.

g. Proposal information or results will not be divulged or released until after lease award. TJJD considers all information, documentation, and other related submission materials to be confidential and/or proprietary before a lease is awarded.

J. PROPOSAL EVALUATION AND AWARD:

1. Selection of a proposal for award will be based on the Best Value to TJJD. TJJD will solely determine the Best Value through evaluation of each proposal. TJJD reserves the right to reject any and all proposals, or to re-solicit, or cancel this RFP, if such action is deemed in the best interest of the State of Texas and TJJD.

2. An evaluation committee will be established by TJJD to review and evaluate the proposals. The committee will include employees of TJJD and may include other impartial individuals who are not TJJD employees. No information will be provided to anyone about the status of the proposals while they are under evaluation.

3. At any stage in the process, TJJD may request clarification or additional information to provide the required service(s). Respondent responses will become part of their proposal. TJJD reserves the right to accept or reject all or part of any proposal, waive minor technicalities, and award the contract to best serve the interest of the State.

4. Proposals will be evaluated on the basis of the ability to meet the requirements of this solicitation. Minor irregularities: To be considered responsive, a proposal must set forth full, accurate, and complete information and all forms must be signed as indicated and as required by this request for proposal. If the requirement that is not met is considered a minor irregularity or an inconsequential variation, an exception may be made at the discretion of TJJD and the Proposal considered responsive. This may occur only if the variation has negligible significance to price, quality, quantity, or delivery of services and does not affect the competitiveness of other proposals. Not signing in the required places and answering “no” to any of the assurances is not considered a minor irregularity.

5. The Evaluation Committee will determine the respondent’s proposal to select for award of a contract.

The proposals meeting the minimum qualifications described in this solicitation, will be scored and

Solicitation No.: 644-22-080122 mailto:Jeanette.Vrabel@tjjd.texas.gov ranked. The evaluation committee will determine whether Best and Final Offers (BAFOs) will be requested of final Respondents. This will be at the sole discretion of TJJD. TJJD would request BAFOs by email. The evaluation committee may also decide to allow top ranked Respondents to make oral presentations and/or conduct interviews with them, the results of which will be factored into the scoring of the proposals and used to determine the best value award. The highest scoring proposal will be selected for award of a contract. Negotiations may be conducted with one or more of the highest ranked respondents to ensure best value is obtained.

6. In evaluating proposals to determine the best value for the State of Texas, TJJD may consider information related to past contract performance of a Vendor including, but not limited to, State of Texas Vendor Performance Tracking System (available at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/. This link is provided for the convenience of the Respondents. The link may change or may no longer be available. Prior work performance with TJJD, and other state agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

In addition, Vendors involved in litigation with TJJD or another state agency may be disqualified.

7. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Sections 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Texas Government Code and Texas Administrative Code, Title 1, Chapter 113.6.

Respondent may fail this selection criterion for any of the following conditions:

a. A grade lower than “C” in the Vendor Performance System;

b. Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts

(CPA);

c. Having repeated negative Vendor Performance Reports for the same reason;

d. Having purchase orders that have been cancelled in the previous 12 months for non-performance (i.e. late delivery, etc.).

Vendor performance information is located on the CPA website at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/. This link is provided for the convenience of the Respondents. The link may change or may no longer be available.

8. TJJD may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code Section 20.115), TJJD may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of TJJD, and any negative findings, as determined by CPA, may result in non-award to the Vendor.

K. SELECTION AND AWARD PROCESS

1. Lease Award Notice will be sent to the successful respondent. Execution of the TJJD Lease Contract is required prior to processing any payments to the Lessor.

2. Submission of a proposal indicates Lessor’s acceptance of the evaluation process and recognition that the TJJD may make subjective judgments in evaluating the proposals to determine the best value for the State.

3. TJJD may not enter a lease contract unless it complies with the architectural barriers law, Article 9102, Revised Statutes.

L. REDACTED ELECTRONIC COPY

Solicitation No.: 644-22-080122 https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

Under House Bill 3430, 80th Texas Legislature, (transferring Section 2177.052, Texas Government Code, to Chapter 322, Texas Government Code and re-designating it as Section 322.020) and as per the following requirements, no later than two (2) business days after Awarded Vendor’s receipt of notice from the Agency of Awarded Vendor’s tentative contract award, Awarded Vendor (and no other service providers) must deliver to TJJD one (1) electronic copy of its complete proposal. Awarded Vendor shall deliver this electronic copy to Texas Juvenile Justice Department via email delivery to the solicitation contact person in compliance with all of the following requirements:

1. An electronic copy of Awarded Vendor’s proposal, in searchable pdf format, which has excised, blacked out, or otherwise redacted information from its proposal that Awarded Vendor reasonably considers to be confidential and exempt from public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (this should be a de minimis portion, if any, of Awarded Vendor’s Proposal, such as social security numbers). The copy shall also contain an Appendix for Awarded Vendor’s Proposal which provides a cross reference for the location of all information redacted by Awarded Vendor and a general description of the redacted information. Identified as “For Public Release: Redacted Version of [Name of Awarded Vendor]’s Proposal and Exhibits. Texas Juvenile Justice Department, RFP No. 644-22-080122.”

2. The Texas Legislative Budget Board (LBB) has now implemented a contracts database. For information regarding the LBB contracts database, go to:

http://www.lbb.state.tx.us/Contract_Reporting.aspx. For information regarding the LBB, see the LBB website at http://www.lbb.state.tx.us/. These links are provided for the convenience of the Respondents. The links may change or may no longer be available.

a. TJJD is required to upload certain contracts to the LBB’s contract database and, if applicable, shall upload the contract(s) resulting from this solicitation to the LBB’s contracts database which will include the text of the complete contract (with limited redaction and appendix) no later than thirty (30) days after date of contract award. It is the responsibility of the awarded Respondent to ensure all confidential or company private information has been redacted prior to TJJD posting the Respondent’s proposal to the LBB website. In submitting a proposal in response to this solicitation, Respondent acknowledges that they understand and accept this requirement.

M. PROPRIETARY OR CONFIDENTIAL INFORMATION:

Responses may include proprietary or confidential information. Subject to the provisions of the Texas Public Information Act, TJJD will take reasonable precautions in protecting such information provided that it is clearly identified as proprietary or confidential on the page on which it appears.

N. PUBLIC DISCLOSURE

Prior to tentative award of a Contract, a respondent may not issue a press release or provide any information for public consumption regarding its participation in the procurement. After tentative award, the awarded respondent must receive prior written approval from TJJD before issuing a press release or providing information for public consumption regarding its participation in the procurement. Requests should be directed to the Agency Point of Contact identified in the solicitation. The solicitation does not preclude business communications necessary for a respondent to develop a proposal, or required reporting to shareholders or governmental authorities.

O. EVALUATION CRITERIA

The evaluation process includes an evaluation of the written proposal which may result in scoring to develop a short list of Respondents that may continue to the best and final offer (BAFO) stage or result in one Respondent that is to be awarded if that Respondent clearly outscores all other Respondents. The BAFO stage may possibly include oral presentation, demonstrations, interview, and/or site visits in an effort to fully understand a Respondent’s capabilities. If there are two stages, the preliminary scoring will be based on the total points

Solicitation No.: 644-22-080122 http://www.lbb.state.tx.us/Contract_Reporting.aspx http://www.lbb.state.tx.us/ awarded by the Evaluation Committee. After oral presentations (if any), evaluators will reevaluate proposals of the “short list” using the same criteria.

1. The Evaluation Criteria and their respective weights are as follows:

A. Price 35% B. Location 35%

C. Experience, Financial Condition, References, and Prior History with the State of Texas 10% D. Condition of Facility 20% E. References (See TAB 4) Pass/Fail

100%

1. Price (35 points)

The proposed price submissions will be evaluated in terms of reasonableness, competitiveness with other Respondents, and competitiveness with existing service providers in the marketplace.

2. Location (35 points)

Location will be evaluated on:

a. The County of El Paso, is the preferred location for the leased property. However, proposals will be accepted for property outside the preferred location but those proposals will be evaluated and scored accordingly.

b. Respondent must provide a detailed description of the site, demonstrating compliance with all criteria as outlined in this RFP.

c. Environmental factors.

d. Access to public transportation.

e. Location of site.

3. Experience, Financial Conditions, and Prior History with the State of Texas (10 points)

Will be evaluated on:

a. Qualifications of property management experience;

b. Key management personnel;

c. Financial condition;

d. Prior history with State of Texas; and

e. Compliance with the architectural barriers law, Article 9102, Texas Revised Statutes.

4. Condition of Facility (20 points)

Will be evaluated on:

a. Condition and age of the facility;

b. Telephone service availability;

c. Security for parking and building;

d. Parking availability;

e. TAS and ADA compliance; and

f. TJJD’s ability to staff the facility.

SECTION III

GENERAL TERMS AND CONDITIONS

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE LEASE CONTRACT)

1. AWARD OF A LEASE:

A response to this solicitation is an offer to lease to TJJD and the State of Texas based on the terms, conditions, and specifications contained in the solicitation. Responses do not become leases unless and until they are accepted by TJJD and a TJJD Lease is executed by all parties.

LESSOR ASSIGNMENTS: Lessor hereby assigns to TJJD and the State of Texas any and all claims for overcharges associated with any lease resulting from this RFP which arise under the antitrust laws of the State of Texas, Texas Business & Commerce Code, Chapter 15.

2. LESSOR RESPONSIBILITIES:

a. Lessor shall comply with all federal, State of Texas, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the lease including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Lessor shall furnish TJJD with satisfactory proof of its compliance.

b. Lessor shall be responsible for damage to TJJD’s equipment and/or property by Lessor’s works, its negligence in work, its personnel, or its equipment. Lessor shall be responsible and liable for the safety, injury, and health of its working personnel while its employees are performing work for TJJD.

c. Lessor shall provide all labor and equipment necessary to perform the lease described herein. All employees of Lessor shall be a minimum of seventeen (17) years of age and experienced in the type of work to be performed. No visitors, wives, husbands, children or other relatives of the Lessor’s employees will be allowed on state property during working hours unless they are bona fide employees of Lessor.

3. PUBLIC DISCLOSURE: No public disclosures or news releases pertaining to this RFP shall be made without prior written approval of TJJD.

4. TAXES: Purchases made for state uses are exempt from Texas State Sales Tax and Federal Excise Tax.

An Excise Tax Exemption Certificate will be furnished upon written request to TJJD.

5. TEXAS STATE AGENCY TERMS AND CONDITIONS: Terms and conditions required to contract with a

Texas State Agency are attached hereto as Exhibit A-1 and hereby incorporated by reference.

SECTION IV

TEXAS JUVENILE JUSTICE DEPARTMENT PROPOSAL SUBMITTAL and

EXECUTION OF PROPOSAL FORM

The Texas Juvenile Justice Department is seeking competitive sealed proposals for a total of a minimum of 4,500 USABLE SQUARE FEET OF SPACE, which shall meet all requirements outlined in the attached lease specifications.

Lessor Information:

Name of Proposed Lessor (Owner): ____________________________________________________________________

Address of Proposed Lessor:

City County State Zip

Contact Information:

Area Code Telephone Number Area Code Fax Number

Contact Email Address: ______________________________________________________________________________

Proposed Leased Space:

Name of Property Offered: ___________________________________________________________________________

Square Footage Offered: _____________________________________________________________________________

Current status: □Existing Building □To Be Constructed □ Historic Structure (Check All That Apply)

Street Address of Building or Site: _____________________________________________________________________

Longitude: _______________________ Latitude: ____________________ (if known)

City: ___________________________ County: _________________________ State: ___________ Zip: ____________

12 months (1 year) Proposed Cost:

Lease Space Cost Monthly

Per Square Foot Total Dollar Amount

Base Rent (Net Service) $ $

Operating Expenses Breakdown: Per Square Foot Total Dollar Amount

Utility Cost $ $

Janitorial Services $ $

Per Square Foot Total Dollar Amount

Gross Rent (Full Service)

Lessor would consider a lease to purchase option (please check one box below)

Yes No

For the purpose of determining the cost of adding or deleting usable space under a lease resulting here from, proposed Lessor will allow TJJD to compute the necessary monthly cost per square foot from information set out above.

NOTE: RESPONDENT (LESSORS) SHALL COMPLETE AND RETURN THIS EXHIBIT WITH PROPOSAL. FAILURE TO

DO SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted in the response to this RFP are current, complete and accurate.

Respondent understands that any terms and conditions attached to this response will not be considered unless specifically referred to in the response. Respondent has disclosed in writing to TJJD all existing or potential conflicts of interest relative to the performance of the contract. If a Texas address is shown as the address of the Respondent on this response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Failure to sign the Execution of Proposal or signing it with a false statement shall void the submitted proposal or any resulting contracts.

Neither the Respondent nor the firm, corporation, partnership, or institution represented by the Respondent or anyone acting for such firm, corporation, partnership, or institution has violated the antitrust laws of this state, codified in Texas Business and Commerce Code Chapter 15, or federal antitrust laws, nor communicated directly or indirectly the contents of the proposal made to any competitor or any other person engaged in such line of business.

Prior Disaster Relief Contract Violation. Under Section 2155.006 and 2261.053, Government Code, the vendor or contractor [Respondent] certifies that the individual or business entity named in this bid [Response] or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

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

Compliance with Child Support Obligation Pursuant to Texas Family Code Section 231.006 Under Section 231.006 of the Texas Family Code, Service Provider must certify that the individual or business entity named in this…