ESBD_File_328827_3-04702 RFQ Document Addendum #2.docx

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

REQUEST FOR QUALIFICATIONS

FOR DESIGN-BUILD (D-B) SERVICES MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) FOR THE TEXAS BORDER INFRASTRUCTURE (TBI) PROGRAM

PROJECT # 22-003-2535

RFQ #303-3-04702 Addendum #2

Dated: July 7, 2023

Qualifications and HUB Subcontracting Plan Due Date: August 7, 2023, 3:00 PM CDT RFQ 303-3-04702 Addendum #2 D-B Services MATOC for TBI Program

Rev. 1/20/2022 Table of Contents

SECTION I – GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2269, Subchapter G, Building Using Design-Build Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting qualifications for Design-Build Services for the Texas Border Infrastructure (TBI) Program hereinafter described as TFC Project #22-003-2535 (the Project). This Project will be administered by TFC. Awards will be a two-step process with the requirements for Step 1 fully described in this RFQ; specific requirements for Step 2 will be issued subsequently to up to five (5) D-B Firms through a Design Criteria Package (DCP).

a) Step One will include a submittal of company experience and qualifications focusing on projects of similar size and type. Respondents will be evaluated on experience and qualifications, as detailed in Section V, Submission Requirements. At the conclusion of Step One, TFC will enter into zero-dollar contracts with up to five (5) D-B firms.

b) Step Two will include only the awarded pool from Step One who will be asked to provide proposals based on a DCP for a defined segment of TBI. TFC will enter into negotiations with the highest ranked Respondent based on the criteria outlined in each DCP. If negotiations are not successful, TFC will terminate negotiations with the top Respondent and continue the process with the next highest Respondent. TFC will repeat this process until it can reach successful negotiations. The successful Respondent will be issued a contract amendment for the amount negotiated. TFC intends to repeat Step Two by issuing subsequent DCPs until the Program funds are fully committed. All D-B Firms selected in Step One will be offered the opportunity to submit proposals on each future DCP.

2) COST OF WORK: Anticipated cost of work associated with each DCP is limited to less than three hundred million dollars ($300,000,000). D-B firms can be awarded multiple DCPs. The potential total awarded in TBI Design-Build efforts is dependent on funding appropriated for TBI.

3) TYPE OF CONTRACT: Upon selection in Step One, successful Respondent/s will be required to enter into a zero-dollar contract with TFC accepting terms based on the TBI standard contract template (see Attachment F). The TBI contract template is based on a Stipulated Sum agreement. The stipulated sum will be based on the negotiated professional service fees and cost to perform the scope specified in the DCP. The TFC reserves the right to include the Respondent’s SOQ or any part or parts of the selected proposal in the final contract.

4) CONTRACT TERM: The initial zero-dollar contract will be effective as of the last party to sign and will terminate on 31 August 2025. Awarded D-B firms will be eligible to respond to DCPs once contract is fully executed between D-B firm and TFC. Each DCP will have its own construction term.

5) ESBD POSTING: Documents are available for review on the state of Texas Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd. Select ‘Texas Facilities Commission - 303’ from the Agency Name drop-down box and ‘Posted’ from the Status drop-down box. Select solicitation 303-3-04702 from the results.

6) FUNDING: This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the Design-Build Agreement shall apply.

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

a) Purchaser Name: Mr. Rico Gamino

b) Purchaser Phone: 512.936.3567

c) Purchaser Email: Rico.Gamino@tfc.texas.gov

8) DEFINITIONS: The following definitions apply to the Request for Qualifications (RFQ):

SECTION II – PROJECT DESCRIPTION

1) BACKGROUND: On June 1, 2021, the Governor of Texas issued a Disaster Declaration for multiple Texas counties near or along the U.S. southern border to provide additional resources and strategies to combat the influx of illegal immigrants as well as the rise in criminal activities, including criminal trespass. Based on a directive from the Governor, in September 2021, TFC selected Michael Baker-Huitt Zollars Joint Venture as the Program Management Firm (PMF) to oversee construction of the TBI. The PMF leads the process of planning and executing the program and oversees procurement of the D-B contractors and subcontractors needed to build the TBI. The PMF identifies State owned lands and willing private landowners to facilitate construction of the TBI along alignments that support the Department of Public Safety (DPS) law enforcement priorities. In October 2021, TFC selected five D-B Firms to execute and complete the Texas Border Infrastructure construction program or portions of it, including new barrier structure, and associated infrastructures. At present, the emergency continues at the Texas southern border which requires an additional solicitation for design-build services for the TBI program. More background information available at: https://www.tfc.texas.gov/wall/

2) PROJECT DESCRIPTION: D-B Firms are expected to deliver Texas Border Infrastructure (TBI) in accordance with the scope of work provided through Design Criteria Packages. TBI provides infrastructure based on the standards developed by the Federal Government for their border wall program. The infrastructure may include physical barrier, lighting, patrol and maintenance pathways, electronic surveillance, electrical and communications infrastructure and facilities supporting the operation and use of the infrastructure.

3) DESIGN DELIVERABLES: TFC and the PMF will require participation and integration with the design process. Regularly scheduled meetings to verify the design and construction intent for the project will include the PMF, D-B firm and TFC. The frequency of the design specific meetings and presentations to leadership will be as needed and agreed to during the finalization of the D-B agreement. Specific design deliverables will be developed and negotiated during Step Two. Examples include, but are not limited to 65% Design, 95% Design, 100% Design. The A/E team will be participating in all preconstruction and construction activities related to value engineering; constructability reviews, TFC Commission presentations, and TFC presentations and shall be prepared to accommodate resulting design modifications accordingly.

4) CONSTRUCTION DELIVERABLES: Specific construction deliverables will be developed and negotiated during the DCP and Contract negotiation phases. These include Schematic Designs (SD’s), Design Development (DD’s), and Construction Documents (CD’s). The Contractor will have the primary responsibility for design and construction.

a) Maintain a staff of properly trained and experienced personnel commensurate with the qualifications required to support the services listed in this RFQ, including support staff, to ensure satisfactory performance under this Contract.

b) Assign to the TFC a designated single-point of contact representative who will be responsible for the coordination and administration of the TFC's main requirements.

c) The Contractor will provide a field office in close proximity with assigned segment including accommodations within its facilities for the TFC representatives, consultants, and consultant’s staff. Field office shall have: high speed internet, hoteling for TFC laptops, personal protective equipment for TFC representatives.

d) Following the TFC’s selection of a D-B Firms for Step Two the Contractor’s engineers or architects shall complete the design, submitting all design elements for each phase of design (Program Completion, Schematic Design, Design Development, and Construction Documents) for review and determination of scope compliance by the TFC’s reviewing and approving authority before commencing construction; phase deliverable acceptance will be based on AIA Guidance Documents.

e) An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of the Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes, as amended). An architect shall have responsibility for compliance with the requirements of the Texas Architectural Practice Act (Article 249a, Vernon's Texas Civil Statutes, as amended).

f) Attend meetings with TFC representatives and PMF as required.

g) Provide preliminary evaluation of the Owner’s design criteria and budget parameters.

h) Provide information and recommendations on site usage and site improvements; building systems, equipment, and construction feasibility; selection and availability of materials and labor; and time requirements for installation and construction; including but not limited to Owner’s FFE (Furniture Fixtures and Equipment), telecom, data, camera systems, security, etc.

i) Implement and maintain a constructability program to identify and document project cost and schedule savings opportunities.

j) Implement and maintain a critical path method schedule (“CPM Schedule”) in Primavera P6, which coordinates and integrates activities, including the construction services, the Architect’s design services and the work of other consultants, subcontractors, and suppliers; be prepared to submit the updated electronic native XER file for review with each pay application. No other scheduling software will be accepted. The Master Project baseline Schedule shall be submitted for approval in accordance with the DCP and will remain the basis of the agreement through the duration of the project. Changes to the baseline for the Master Schedule must be prior approved by the TFC’s representative (PMF or TFC PM). Schedule shall also be cost loaded by month starting at award and throughout construction.

k) Provide ongoing cost estimating services throughout the duration of the project.

l) Review all drawings, specifications, and other construction documents as they are developed by the A/E.

m) Consult with representatives of the TFC, and the PMF on the selection of materials, equipment, component systems and types of construction used on the project.

n) Provide construction management, administration, quality control, safety, and supervision during construction of the project(s).

o) The Contractor shall supply a signed and sealed set of as-built construction documents in both printed and electronic form for each awarded segment of the TFC TBI Project to the TFC at the conclusion of construction. The electronic versions shall be full copies in both PDF and the most current version of REVIT formats.

5) ADDITIONAL SERVICES: The following professional services may be required to complete this project. Specific scope and responsible parties will be addressed in the Step Two DCPs and in contract negotiations resulting from selections from this solicitation:

a) Preparation of Site Development Documents

b) Site Development Permit Application

c) Civil Engineering Consultant

d) Landscape Consultant

e) Acoustic Consultant

f) Traffic/Transportation/Parking Consultant

g) Environmental/Antiquities Code Compliance and Wet-Lands Identification Consultants

h) Code Consultant

i) IT (Information Technologies) Consultant

j) Security Consultant

k) Signage/Graphics Consultant

l) LEED/Energy Modeling/Life Cycle Cost Analysis Consultants

m) Permit Expediter

SECTION III - SCOPE OF WORK

1) GENERAL TBI REQUIREMENTS: Selected D-B Firms should expect to receive project requirements through a Design Criteria Packages (DCPs) for the design and construction of TBI segments. TBI is designed and constructed following the Federal Government’s standard as described in the Tactical Infrastructure Design Standards, Version 5 dated August 2020, TBI generally includes the construction of a 30’ steel bollard wall, construction of roads to support law enforcement and maintenance operations, installation of electrical system to support lighting and operation of vehicular gates, installation of cameras systems that support DPS requirements. TBI is constructed on permanent easements obtained by the PMF.

2) SPECIFIC TBI ALIGNMENTS: Discreet TBI alignment segments and any special requirements will be identified within Design Criteria Packages (DCPs) issued through the PMF to D-B Firms selected from Step One. Respondents will be required to address and comply with all requirements outlined in the DCPs.

3) SATISFACTORY UNDERSTANDING: Respondents will be held to have satisfactory understanding regarding all existing conditions and to have included in the proposal an amount sufficient to cover all work including permits, fees, etc.

SECTION IV – SCHEDULE OF EVENTS, CONFERENCES, AND SITE VISITS

1) SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below upon written notification.

2) OPTIONAL PRE-SUBMITTAL TELECONFERENCE: Pre-submittal teleconference will be held on Thursday, July 13, 2023 at 1:00PM CDT. Pre-registration is required to participate in the teleconference.

3) Pre-Registration is required. Register in advance for the Thursday, July 13, 2023 meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/tZMscOmrpjopG9BQDTpTXcaJAsNW4gFfEweU After registering, you will receive a confirmation email containing information about joining the meeting.

4) SITE VISIT: There is no site visit planned for Step One of this solicitation.

SECTION V - SUBMISSION REQUIREMENTS:

1) BONFIRE SUBMISSION: TFC is using the eProcurement Bonfire Interactive. Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals must be submitted through TFC’s Bonfire Portal at: http://tfcstate.bonfirehub.com.

2) HUB SUBCONTRACTING PLAN (HSP) SUBMISSION: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc.gob2g.com, B2G Access Code: 7505950387. See Attachment D – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

3) STEP ONE REQUIRED DOCUMENTS: The initial submittal is of qualifications only. Respondents shall submit documentation through the TFC Bonfire portal link as specified in item 2 of Attachment I – Bonfire Submission Instructions. Requested documentation includes:

a) Package 1: Required Documentation

i) Attachment A, Execution of Submittal;

ii) Acknowledgement of Addenda;

iii) Attachment E, Non-Collusion Affidavit.

iv) Attachment G - AP-152 Form.

b) Package 2: Company Information and Pass/Fail Documentation

i) Company Information.

ii) A/E Selection Certification.

iii) Litigation History.

iv) Financial Capability and Resources.

c) Package 3 – Scored Documentation (60-page limit)

i) Attachment B, Respondent Questionnaire.

ii) Attachment C, Contractor’s Qualification Form.

d) HUB Subcontracting Plan Submission through B2G.

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

f) File format shall be as indicated in Attachment I – Bonfire Submittal Instructions.

g) Step One Package 3 (Scored Documentation) is limited to 60 pages. All documents shall be in 8x11.5” standard “letter”, 8.5” x 11” page size format except for Organizational Charts which can be submitted in 11” x 17” page size format.

4) SUBMITTAL COSTS: Respondents to this RFQ are responsible for all costs of submittal preparation and delivery.

5) STEP ONE CONTENTS: Below is a summary of required information. Submittals without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment A, Execution of Submittal, the Attachment B, Contractor’s Questionnaire, Attachment C, Contractor’s Qualification Form, , and the Bid Bond shall be returned with the response. Failure to do so shall result in disqualification.

a) Company Information: <Pass/Fail> Including, but not limited to the following:

i) Company description

ii) Ownership information

iii) Physical and Mailing addresses

iv) Other company locations/offices

v) Primary Contact

vi) Office and mobile telephone number, and email address of company’s Primary Contact

vii) 11-Digit State of Texas Vendor Identification Number

viii) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If so, provide an explanation.

ix) Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

x) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

xi) Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years and if so, why.

xii) Indicate if you company has had a contract terminated for default or convenience within the past five years if so, why.

xiii) Based on responses received to the questions above, Respondents deemed high risk for award of wall segments may be disqualified from further consideration.

b) A/E Selection <Pass/Fail>: In accordance with TGC §2254 Professional Services, Respondent must certify to TFC that each Architect/Engineer (A/E) that is a member of the Respondent’s team was selected solely based on demonstrated competence and qualifications. Failure to include this certification may be grounds for disqualification. The Design-Builder’s A/E shall be Designer-of-Record and must hold current State of Texas registrations for all construction documents which require seals.

c) Litigation: <Pass/Fail>

i) Provide details of all past or pending litigation or claims filed against Respondent in the past five (5) years.

ii) Respondents involved in litigation, depending upon the circumstances, may be disqualified.

d) Financial Capability and Resources <Pass/Fail>: The Respondent’s financial capability to perform the D-B services for TBI Projects, including Respondent’s demonstrated financial capability and resources to perform the work within the time and budget projected.

i) Provide a copy of your company’s certified financial statements for the past three (3) years.

ii) Provide a financial rating of your company and any documentation, including a Dunn and Bradstreet analysis, which indicates the financial stability of your company.

iii) Respondents deemed financially unstable or with a low financial rating may be grounds for disqualification.

e) HUB Subcontracting Plan:

i) In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

21.1% for all building construction

ii) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal. The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract.

iii) As mandated by 34 TAC § 20.285 Respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB rules 34 TAC §20.285 (d).

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

(1) Respondents planning to subcontract all or a portion of the work shall identify the proposed subcontractors on the HUB Subcontracting Plan.

(2) Subcontracting shall be at the Respondent’s expense.

(3) TFC retains the right to check a subcontractor’s background and make a determination to approve or reject the use of submitted subcontractors.

(4) The Respondent shall be the only contact for TFC and subcontractors. Respondent shall list a designated point of contact for all TFC and subcontractor inquiries.

v) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HSP. An incomplete HSP is considered a material failure to comply with the solicitation requirements.

vi) The HSP shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HSP if (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its HSP; and (d) TFC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

vii) If TFC determines that the Respondent failed to implement the HSP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

viii) HUB subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing(NIGP). A complete listing of all NIGP Class & Item Codes can be found at: https://mycpa.cpa.state.tx.us/commbook/

ix) The HUB Subcontracting Plan submitted with the initial response to this RFQ solely addresses the Step One requirements. An update to the HUB Subcontracting Plan is required for each issued DCP.

x) See Attachment D - HUB Compliance Reporting System – Online HSP Process Guide for step-by-step guidance on submitting your HSP through the online system.

xi) If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.state.tx.us.

xii) Prior to soliciting bids for the DCP, the D-B Firms are encouraged to coordinate with the TFC HUB Coordinator to schedule a “Meet the Prime” event in order to promote outreach to HUBs for subcontracting opportunities.

xiii) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

f) Contractor’s Qualification Form <10 pts>: Complete and submit the Attachment C, Contractor’s Qualification Form. The form can be obtained electronically at the TFC website: http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ Document #1, Index of Forms. Respondent should also provide free-form narrative that describes in detail any qualifications and other projects not enumerated on Attachment C, Contractor’s Qualifications Form.

i) Minimum Qualifications:

(1) Out of State contractors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

(2) Negative responses from Owners and A/E firms that are familiar with contractor’s performance, depending on problems encountered, may be grounds for disqualification.

g) Respondent Questionnaire <90 pts.> : Complete and submit Attachment B, Respondent Questionnaire. Responses should state the criterion at the beginning of the first page of each tabbed Section followed by a brief and concise response. Please reference Attachment B.

h) Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal with the response shall result in rejection of the response.

i) Bid Bond: Submittal shall be accompanied by a bid security in the form of an original, embossed bid bond, a certified check, or a cashier's check in the sum of $25,000.00. No other form of security will be accepted. Photocopies of a bid security shall be included as part of the electronic response. Respondent is required to submit the original bid security to TFC within three (3) business days of the submission deadline. Failure to provide an acceptable bid security may result in disqualification of submittal.

i) Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security will be forfeited to TFC. Performance shall be considered begun upon acknowledgement of the contract award and the signing of zero-dollar contract.

ii) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their bids will be honored after this ninety (90) day period.

j) Acknowledgement of Addenda: Receipt of all addenda to this RFQ shall be acknowledged by returning a signed copy of the signature page of each addendum with the response. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting qualifications. Respondent’s 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 RFQ.

k) Insurance Requirements for D-B Services: The insurance requirements, located in the Attachment F, Design-Build Services Contract Template (Article 11), shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements.

l) Attachment G, AP-152 Form: Respondent will fill out form and submit with response.

6) STEP TWO CONTENT: Step Two only applies to the awarded pool selected from Step One. Respondents will receive additional information for submission through a DCP. In Step Two there will be a minimum requirement to provide an updated HUB Subcontracting Plan and Costing Methodology for the scope in the DCP:

a) Costing Methodology Information. In the DCP, TFC will require each Respondent to provide costing methodology information which will allow TFC to conduct comparisons. Costing methodology will represent at least 50% of the scoring for Step Two. The DCP will establish the specific costing methodology requirement to be submitted. These elements may include but are not limited to the following:

i) Explanation of portions of work to be subcontracted and the percentage of additional cost to the subcontracted amounts.

ii) Exceptions or refinements to the General Conditions Scope from what is defined in the contract.

iii) Staffing contributing to the general conditions cost.

iv) Range (in dollars) of General Conditions Costs for scope specified in the DCP.

v) Percent of cost allocated to contingency.

vi) Range (in millions of dollars) of total cost per mile of TBI for scope defined in the DCP.

b) An Updated HUB Subcontracting Plan.

c) Any additional criteria requested specific to the DCP.

7) INQUIRIES:

a) All inquiries shall be submitted through the Bonfire Portal.

b) All inquiries will result in written responses in an addendum with copies posted to the ESBD at: http://www.txsmartbuy.com/esbd and the Bonfire Portal.

c) Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

d) Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFQ with any potential vendor 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 conducting business unrelated to this solicitation.

SECTION VI – SUBMITTAL SUBMISSION

1) Submittals shall be uploaded via the Bonfire link in Attachment I – Bonfire Submittal Instructions prior to 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the Portal.

2) Follow the submittal instructions specified in the Attachment I – Bonfire Submittal Instructions.

3) Facsimile and email submittals are not acceptable responses to the RFQ.

4) Respondents having difficulty using the Bonfire portal should contact the support number contained in the Attachment I – Bonfire Submittal Instructions. If unable to upload the documents to the Bonfire Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

5) TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Do not mark your entire proposal as “CONFIDENTIAL”.

SECTION VII - EVALUATION AND AWARD

1) The intent of TFC is to award a contract to five or fewer qualified D-B Firms based on qualifications. TFC intends to award the scope in the DCP to the D-B Firm whose qualifications and cost methodology are considered to be ‘best value’ to the state. When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

2) An evaluation committee will be established to evaluate submittals. The committee will include employees of TFC and may include other impartial individuals who are not TFC employees. By submitting qualifications in response to this RFQ, Respondent accepts the solicitation and evaluation process, and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee. The evaluation committee will evaluate and score each submittal based on the following criteria:

ii) Respondent Questionnaire (Total 90%)

* Note: Up to five (5) D-B Firms will be selected for Award

3) The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. Scoring of the interview may replace the scoring of the Step One criteria listed above. The following will be expected during an interview:

a) One hour is allocated for the interview.

b) Attendance by team members assigned to the Project to represent themselves as to their relevant experience and proposed involvement in the Project. Representation by the Project Manager and the Superintendent is a critical component of the interview.

c) Agenda questions for the interview will be provided by TFC requiring an elaboration of company relevant experience and qualifications, proposed methodology, and quality and safety programs.

4) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

5) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System available at http://www.txsmartbuy.com/vpts. Prior work performance with TFC and other State agencies or governmental entities, which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

6) RIGHT TO AUDIT: Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, TFC, or any successor agency to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract awarded.

7) PUBLIC DISCLOSURE: News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFQ and the disqualification of the Respondent to respond to any re-solicitation.

8) PROTESTS: Protests shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

9) ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Qualifications, and Respondent’s Response to Request for Qualifications.

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RFQ 303-3-04702 Addendum #1 D-B Services MATOC for TBI Program

ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT WITH THEIR SUBMITTAL. FAILURE TO DO SO SHALL RESULT IN DISQUALIFICATION OF THE SUBMITTAL. MODIFICATIONS TO THIS ATTACHMENT MAY BE GROUNDS FOR DISQUALIFICATION.

By signature hereon, the Respondent certifies that:

1. Provided the Step Two proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment F, Design-Build Service Contract Template and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or sign the zero-dollar contractor provide the surety bonds within ten (10) days as required by the contract, TFC may retain as forfeit the enclosed Certified Check, Cashier's Check or Bid Bond in the sum of $25,000 and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

2. Standard of Care for Architectural and Engineering Contractors: Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

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

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

5. Dealings with Public Servants Affirmation: Contractor certifies that it will comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; and (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

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

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

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

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

10. Contracts with Former or Retired Agency Employees: Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts…