ESBD_File_333267_HHS0013586 RFQ Addendum 03 Revision.pdf

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 1 of 36

Cecile E. Young, Executive Commissioner

Request for Qualifications (RFQ)

Professional Architectural Design Services for Project 24-202-WFH - New 200-Bed Replacement Hospital at

North Texas State Hospital in Wichita Falls, Texas and

Project 24-206-AMH - New 75- Bed Amarillo State Hospital in Amarillo, Texas

RFQ No. HHS0013586 – Addendum 03 Revision

NIGP Class/Item Codes:

906-00 Architectural Services, Professional

906-07 Architect Services, Professional (Not Otherwise Classified) 906-10 Buildings, Architectural Design Services

Date of Release: Monday, August 17, 2023 Responses Due: Tuesday, September 20, 2023

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 2 of 36

ARTICLE 1. Executive Summary and Definitions

1.1 Executive Summary

1.2 Definitions

1.3 Authority

ARTICLE 2. Scope of Work

2.1 Description of Services

2.2 Contract Award, Term, and Amount

2.2.1 Contract Award and Reservation of Rights

2.2.2 Contract Term

2.2.3 Contract Details

2.3 No Guarantee of Volume, Usage, or Compensation

ARTICLE 3. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Exceptions to Sole Point of Contact

3.3.3 Prohibited Communication

3.3.4 Solicitation Questions

3.4 Pre-submittal Conference

3.4.1 Attendance

3.4.2 Pre-submittal Conference Webinar Logistical Information

3.4.3 Questions During Pre-submittal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Delivery – General Instructions

3.6.3 Solicitation Response – Component Parts

3.6.4 Submission Options

3.6.5 Modifications and Withdrawals of Solicitation Response

3.6.6 Retention of Solicitation Responses

3.7 Informalities

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 3 of 36

3.7.1 Formatting and Page Size

ARTICLE 4. Historically Underutilized Business Participation

4.1 HUB Subcontracting Plan

ARTICLE 5. Solicitation Response Evaluation and Award Process

5.1 Conformance with State Law

5.2 Selection Methodology

5.2.1 Minimum Qualifications (Pass or Fail)

5.2.2 Initial Compliance Screening

5.2.3 Written Solicitation Response Evaluation

5.2.4 Written Response Evaluation Criteria

5.2.5 Advancement Criteria

5.2.6 Interviews

5.2.7 Final Score

5.2.8 Additional Selection Considerations

5.2.9 Summary of Best Value Determination and Final Award

5.3 Questions or Requests for Clarification by HHSC

ARTICLE 6. Statement of Qualifications and Required Respondent Information

6.1 General Requirements

6.2 Company Information

6.2.1 Table of Contents and Company Information

6.2.2 Company Profile

6.2.3 Availability and Capabilities on Similar Projects (30% Criteria Weight)

6.2.4 Specialized Expertise with Health Care Facilities (20% Criteria Weight)

6.2.5 Financial Solvency and Capitalization (Pass/Fail Minimum Qualification)

6.2.6 Relevant Experience of Key Personnel (20% Criteria Weight)

6.2.7 Proposed Methodology and Budget/Schedule Compliance (25% Criteria Weight)

6.2.8 Recent Governmental Work (5% Criteria Weight)

6.2.9 Information and Disclosures

6.2.10 Professional Disciplinary History

6.2.11 Attachments to Respondent’s Solicitation Response

6.2.12 Insurance Statement by Respondent

6.3 Affirmations and Certifications

ARTICLE 7. General Conditions

7.1 Changes, Modifications, and Cancellation of the Solicitation

7.2 Offer Period

7.3 Costs Incurred

7.4 Contract Responsibility

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 4 of 36

7.5 Acceptance of Evaluation Methodology

7.6 Public Information Act

7.7 Respondent Waiver – Intellectual Property

7.8 Standards of Conduct for Vendors

7.9 Disclosure of Interested Parties

7.10 Protest

ARTICLE 8. Submission Checklist

8.1 Original Solicitation Response Package

List of Exhibits and Attachments

Exhibit A, HHS Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects, v. 1.9 (July 2022)

Exhibit B, Draft Professional Architectural/Engineering Services Contract including:

Attachment A, Contract Affirmations for State Architectural/Engineering and Construction Projects, v.1.6 (July 2022) Attachment B, Draft Facility Space Program Attachment C, Estimated Project Milestones Schedule Attachment D, HHSC Architectural/Engineering Guidelines (July 2023) Attachment E, A/E’s Historically Underutilized Business Subcontracting Plan Attachment F, A/E’s Personnel Titles and Hourly Rates Attachment G, Supplemental Services Proposal Form Attachment H, Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions, Version 2.2 Attachment I, A/E Insurance Requirements for Project 24-202-WFH, New 200-Bed Replacement Hospital at North Texas State Hospital in Wichita Falls, Texas Attachment I, A/E Insurance Requirements for Project 24-206-AMH, New 75- Bed Amarillo State Hospital in Amarillo, Texas Attachment J, HHS Uniform Terms and Conditions - Vendor, Version 3.3 (July 2022)

Exhibit C, Exceptions and Assumptions Form

Exhibit D, Respondent’s Information, Disclosures, and Financial Form

Exhibit E, Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements (rev. April 2023)

Exhibit F, Evaluation Tool

Exhibit G, Preliminary Proposed Schedule

Exhibit H, Professional Design Services Statement of Professional Services Certification

Exhibit I, Respondent Questionnaire

Exhibit J, Schedule & Budget Compliance

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 5 of 36

ARTICLE 1. EXECUTIVE SUMMARY AND DEFINITIONS

1.1 EXECUTIVE SUMMARY

The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers solicitations for HHS.

PCS, on behalf of the Maintenance and Construction Department of the Health and Specialty Care System (HSCS) division, issues this Request for Qualifications (RFQ) to solicit qualifications from architectural and engineering design professionals interested in providing programming, design, and associated Construction Administration services for the design and construction of two separate facilities, including furniture, furnishings and equipment (FFE): (i) a 200-bed replacement hospital for the North Texas State Hospital located in Wichita Falls, Texas, including 24 Maximum Security Beds, 136 forensic beds, 24 adolescent beds, and 16 civil beds (Project 1); and (ii) a new 75-bed state hospital in Amarillo, Texas with 75 at least 50 forensic beds (Project 2). Bed quantities are a baseline based on reasonable estimates and may increase as space and funding permit. The projects must be designed and constructed in accordance with the terms, conditions and requirements set forth in this RFQ.

The state hospital system serves persons with mental illness. The 88th Texas Legislature has appropriated funds for repairs or new construction of state hospitals or other state-funded inpatient mental healthcare facilities.

HHSC intends to optimize and modernize the physical infrastructure where state-funded inpatient psychiatric care is provided. HHSC is committed to a system of care that serves the diverse needs of Texans and improves access to mental healthcare services.

Selection of an architectural and engineering design professional for the Projects will be done through a two-stage process as set out in Article 5, Solicitation Response Evaluation and Award Process.

Responses to this RFQ must be received in the format specified in this RFQ no later than the deadline for submission of Solicitation Response as set forth in Section 3.1 of this RFQ.

1.2 DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below. Refer to Exhibit B, Draft Professional Architectural/Engineering Services Contract and attachments to Exhibit B for additional definitions (e.g., Architect/Engineer or A/E, Contract, Deliverable, Effective Date, Guaranteed Maximum Price or GMP, HUB, Project, Services, Solicitation Response, and Work).

Addendum means a written clarification or revision to this Solicitation issued by HHSC.

Advancement Criteria means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 6 of 36

BIM or Building Information Modeling is the holistic process of creating and managing information for a built asset.

Competitive Range has the same meaning as the definition under Title 1 of the Texas Administrative Code (TAC) Part 15, Chapter 391, Subchapter A, Rule §391.107(3).

Construction Administration means the oversight and execution of a construction contract during the preconstruction and construction phases of a project.

Contract Term means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

ESBD means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at https://www.txsmartbuy.com/esbd.

Facility Space Program means the list of the types and number of building spaces and their relationships that are required to define the project and to determine the size and configuration of the building.

FFE means furniture, furnishings, and equipment.

Final Score means the final scoring of the Solicitation Response including any secondary evaluation process and scoring as documented in this RFQ.

Guaranteed Maximum Price or GMP means the maximum cost to Owner for construction of the project, including costs for labor, material, and profit, in accordance with the construction documents.

HHSC means the Texas Health and Human Services Commission or HHSC or HHS means the administrative agency established under Chapter 531, Texas Government Code or its designee. As stated above, Health and Human Services Commission also may be referred to as Owner.

HUB means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

HUB Subcontracting Plan or HSP means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the state agency to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

Interview means the secondary evaluation process following the evaluation of the written response for the purpose of further distinguishing between the Solicitation Responses through verbal questioning of the Respondents aimed at clarifying their written response.

Lead Architect means the individual responsible for leading the design of the Project, as described in the Respondent’s Solicitation Response and as may be changed pursuant to this RFQ.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107 https://www.txsmartbuy.com/esbd https://statutes.capitol.texas.gov/Docs/GV/htm/GV.531.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://www.lawinsider.com/dictionary/lead-architect

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 7 of 36

Maximum Security Bed means a bed appropriate for a facility unit designated to treat adults who are determined to be manifestly dangerous in accordance with TAC, Title 25, Part 1, Chapter 415, Subchapter G, Rule §415.303 and persons who have been committed pursuant to the Texas Code of Criminal Procedure Chapters 46B or 46C.

Owner means the Texas Health and Human Services Commission or HHSC.

Project Controls means the processes and work activities (e.g., scheduling, planning, cost control, coordination, etc.) performed in the course of construction management of the Project.

Project Manager means the principal employee or agent having administrative authority of the Project as described in the Respondent’s Solicitation Response and as may be changed pursuant to this RFQ.

Respondent means the individual or entity responding to this Solicitation.

State means the State of Texas and its instrumentalities, including HHSC and any other state agency, their officers, employees, or authorized agents.

Solicitation or RFQ means this Request for Qualifications including any exhibits and Addenda.

Solicitation Response means a response to this RFQ.

State means the State of Texas and its instrumentalities, including HHSC and any other state agency, its officers, employees, or authorized agents.

Statement of Qualifications or SOQ means the portion of the Solicitation Response that comprises a Respondent’s qualifications and skills as set out in Article 6 of the Solicitation.

VPTS means the Vendor Performance Tracking System maintained by the Texas Comptroller of Public Accounts (Comptroller). The VPTS may be currently accessed at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

Written Response Score means the scoring of the written response as documented in the Solicitation in Article 5.

1.3 AUTHORITY

HHSC is soliciting the services listed herein under Chapter 2254, Subchapter A of the Texas Government Code.

ARTICLE 2. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

The 88th Texas Legislature appropriated $452 million for the design and construction of a 200-bed replacement hospital at 515 Kemp Boulevard, Wichita Falls, Texas, 76308, and $159 million for the design and construction of a new 75-bed hospital in Amarillo, Texas.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=415&rl=303 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=415&rl=303 https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46C.htm https://www.lawinsider.com/search?q=Project+Controls https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2254.htm

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 8 of 36

HHSC is soliciting the services listed herein in accordance with Texas Government Code Chapter 2254, Subchapter A, the Professional Services Procurement Act. HHSC is requesting qualifications from professional design firms to provide complete programming, design, including FFE design, and associated Construction Administration services for the design and construction of the two projects described below:

a. Project 24-202-WFH (Project 1). Project 1 is for a 200-bed replacement hospital on the existing North Texas State Hospital campus located in Wichita Falls that includes 24 Maximum Security Beds, 136 forensic beds, 24 adolescent beds, and 16 civil beds.

The scope of Project 1 may also encompass demolition of major components of surrounding buildings and utilities as needed to implement the design, including replacement, restoration, or renovation, hazardous materials abatement planning, and consulting services.

A mandatory requirement of Project 1 is the assessment of existing campus utilities;

mechanical, electrical, and plumbing systems; and capacities for implementation of the design to extend the useful life of the new building(s) for more than 50 years. Site improvements to existing campus drives, parking, ramps, sidewalks, landscaping, landscape irrigation and campus utilities shall be implemented, as necessary, to accomplish the intended goals of Project 1.

b. Project 24-206-AMH (Project 2). Project 2 is for a new 75-bed state hospital in Amarillo, Texas that will have at least 50 forensic beds. The new hospital will have patient living and sleeping areas, therapy and treatment areas, clinical program areas, staff program areas, administration program areas, and all the support services that are necessary to support the patient and staff needs.

HHSC has yet to acquire land for this new hospital, and the design scope may also encompass due diligence on the site selection and analysis.

c. Project Goals. These new facilities will provide high quality, efficient, and patient-centered care in a safe environment that protects patients and employees, supports disease management models, and allows flexibility in space utilization and life-cycle sustainability.

d. Services. A/E will be required to provide full design, comprehensive construction documentation, construction award, and Construction Administration services in coordination with the Owner’s contracted professional and construction services firms throughout the entire duration of the Project. Services shall include, but not be limited to, the following for both Project 1 and Project 2:

1. Limited master planning services for confirming the final site, preliminary budgeting and scheduling, space programming, Schematic Design, design development, Construction Documents, FFE, Construction Administration, and project oversight. This also includes all other services necessary and or reasonably inferable or as further described in Exhibit B, Draft Professional Architectural/Engineering Services Contract. Note that work may be broken up into separate design packages, with potential packages including an equipment package, site utilities package, and shell and finish out package.

2. Milestone-based intermediate reports, documentation and estimated budgets as outlined in Exhibit B for each portion of the project.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 9 of 36

3. Attend and participate in meetings with the Construction-Manager-at-Risk (CMR), HHSC, and agency stakeholders as well as coordination meetings with city departments as required.

4. Detailed on-site investigations, review of existing documents, and coordination with HHSC for utility infrastructure requirements.

5. Planning services and coordination to accommodate archaeological and environmental issues that may be found.

6. Review and use of geotechnical reports and soil investigations, performed by the Owner’s contracted professional and construction services firms for incorporation into the design of foundation and structural systems.

7. Review of all applicable documentation provided by the Owner’s consultant and coordination with the city and utility providers as required to size and design the electrical, water, storm, and building utility load requirements for this development. This includes utility sizing for future phases and a central physical plant for the hospital.

8. Detailed design and documentation of construction Drawings and Specifications.

9. Conduct a full building code analysis and report including design considerations to maximize energy and water conservation per State Energy Conservation Office (SECO) energy efficiency and water conservation standards for new construction. The study must evaluate utilizing alternative energy design to determine if they are economically feasible. The building design shall incorporate sustainable design elements but will not require Leadership in Energy and Environmental Design (LEED) certification.

10. Provide a preliminary list of necessary testing and inspections including, but not limited to, accessibility, commissioning, testing and balancing, environmental, and construction materials testing.

11. Assist in Owner’s evaluation, interview, and selection of the CMR.

12. Collaborate with CMR in the preparation of separate bid packages for potential phasing of construction.

13. Collaborate with CMR in developing or adjusting Scope of Work to match available funding.

14. Collaborate with CMR in developing a bid package for the FFE.

15. Conduct public relations outreach and presentations to neighborhood groups at appropriate milestones.

16. Research, evaluate, and present to the Owner any energy conservation strategies and alternatives for consideration, including the availability of rebates from local utility companies. If rebates are available, coordinate with the local utility to complete all necessary documentation to accomplish rebates.

17. Submit applicable Drawings and project registration documentation to the Texas Department of Licensing and Regulation as required for all portions of the Project or applicable bid packages.

18. Coordinate with a third-party commissioning agent throughout design and Construction Administration.

https://comptroller.texas.gov/programs/seco/index.php https://comptroller.texas.gov/programs/seco/index.php https://www.usgbc.org/leed

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 10 of 36

19. Coordinate with a third-party project controls group throughout design and Construction Administration.

20. Assist CMR during subcontractor solicitation for development of Guaranteed Maximum Price.

21. Conduct Construction Administration pursuant to Contract requirements.

22. Provide BIM management throughout the Project.

23. Conduct warranty and closeout management and provide closeout documentation.

24. Comply with all non-discrimination requirements of the State of Texas.

Figure 1 below shows the existing site plan for the North Texas State Hospital in Wichita Falls, Texas.

Figure 1: Existing Site Plan of North Texas State Hospital at Wichita Falls- Dotted line indicates proposed location for Construction Site.

2.2 CONTRACT AWARD, TERM, AND AMOUNT

2.2.1 Contract Award and Reservation of Rights

The cost of construction for Project 1 is estimated to be three hundred million dollars ($300,000,000.00). The cost of construction for Project 2 is estimated to be one hundred million dollars ($100,000,000.00). The costs and fees associated with this RFQ for Architectural/Engineering services are not included in the construction estimates.

As a result of this Solicitation, HHSC intends to award one contract for Project 24-202- WFH and one contract for Project 24-206-AMH. Any award is contingent upon approval of the HHSC executive commissioner or their designee.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 11 of 36

If, for any reason, a contract cannot be executed with a Respondent selected for award within 60 calendar days of HHSC’s determination to seek to contract with that Respondent, HHSC may avail itself of any option permissible under applicable law including, but not limited to, negotiate a contract with the next highest scoring Respondent, make a partial award, or withdraw the Solicitation.

The Respondent selected by HHSC for an award will be expected to negotiate in good faith with HHSC upon a final Professional Architectural/Engineering Services Contract, based upon the draft version attached hereto and incorporated by reference as Exhibit B, Draft Professional Architectural/Engineering Services Contract. Please note that the draft Contract is subject to change and is only a preliminary draft.

After HHSC and the A/E execute the Contract, and before HHSC authorizes the A/E to proceed with the schematic design phase, the A/E will work with HHSC to prepare a comprehensive Facility Program for the Project, delineating the size, quantity, and spatial requirements of rooms to be included in each Project. Figure 1 shows the existing site plan of the North Texas State Hospital and the proposed location for the replacement hospital.

Site plan information for the new hospital in Amarillo will be provided at a later date after land acquisition.

HHSC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

2.2.2 Contract Term

The initial term of the Contract will be five years. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to three additional years or until the completion of the project.

Notwithstanding the limitation in the preceding paragraph and with at least 30 days’ advance written notice to Contractor, at the end of the initial term or any extension period, HHSC, at its sole option, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by HHSC to serve the best interest of the State for up to 12 months, in one-month intervals, at the then-current contract rate or rates (if applicable) as modified during the Contract Term.

2.2.3 Contract Details

Only individual firms or lawfully formed business organizations may submit responses to this RFQ, but Respondent is not precluded from using Subcontractors. HHSC will negotiate and contract only with the individual firm or formal organization that submits a complete Statement of Qualifications.

Respondent is notified that the Contract will require the A/E to indemnify and hold harmless the State and HHSC from claims and liabilities resulting from the negligent acts or omissions of the A/E or persons employed by the A/E, subject to the requirements of Section 2254.0031 of the Texas Government Code.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 12 of 36

This Project is intended to be performed by a Construction Manager-at-Risk project delivery method.

2.3 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC makes no guarantee of volume, usage, or total compensation to be paid under the Contract. The Contract is subject to appropriations and the continuing availability of funds.

ARTICLE 3. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date on the ESBD August 17, 2023 Mandatory Pre-submittal Webinar #1 Tuesday, September 05, 2023, at 9:00 a.m. Central Time Mandatory Pre-submittal Webinar #2 Wednesday, September 06, 2023, at

9:00 a.m. Central Time Deadline for Courtesy HSP Review Thursday, September 07, 2023, by

12:00 p.m. Central Time Deadline for Submitting Respondent Questions

Friday, September 08, 2023, by 12:00 p.m. Central Time

Deadline for submission of Solicitation Response and HSP [NOTE: Response must be RECEIVED by HHSC by the deadline.]

Wednesday, September 20, 2023, by 10:30 a.m. Central Time

Respondent Interviews Friday, September 29, 2023 Monday, October 16, 2023

Anticipated Notice of Intent to Award Tuesday, October 03, 2023 Thursday, October 26, 2023

Anticipated Notice of Award Tuesday, October 17, 2023 Thursday, November 09, 2023

Attendance at one of the pre-submittal webinars is mandatory.

All dates specified in the Schedule of Events are tentative and HHSC reserves the right to modify the dates or cancel the scheduled events at any time. Scheduling changes or cancellation determinations made by HHSC prior to the Solicitation Response deadline will be posted as an Addendum on the ESBD. If, after the Solicitation Response deadline, there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may publish updates regarding the anticipated award date in the Procurement Forecast (https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf) located on the HHS Procurement Opportunities webpage currently accessed at https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities.

HHSC is using the Solicitation posting date on the ESBD as noted on page 1 of the Solicitation as the official 30-day notification requirement for an interview with a private design professional as required by Texas Government Code Section 2166.203.

https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2166.htm#2166.203

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 13 of 36

In accordance with Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C, Rule §391.305, HHSC will issue a Notice of Intent to Award in the Procurement Forecast located on the HHS Procurement Opportunities webpage under Future Opportunities, Intent to Award Notices & Delayed Procurements.

Each Respondent is responsible for periodically checking the ESBD and the HHSC Procurement Forecast for updates.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the individual specified in Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions). Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the individual specified in Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a contract or not:

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

b. Must not contest the interpretation by HHSC of such provision(s); and

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication regarding this Solicitation shall be made in writing to HHSC PCS and addressed to the person identified below (Sole Point of Contact), except as permitted in Section 3.3.2 (Exceptions to Sole Point of Contact). If a telephone number is provided by the Sole Point of Contact, its use is limited to administerial matters such as instructing a potential Respondent on accessing an IT system or locating a website referenced in the Solicitation. Communications via telephone are not binding. Respondent shall rely only on written statements issued by or through HHSC PCS designated staff as provided by Section 3.3 (Inquiries).

Point of Contact for HHSC:

Name: Colin Gresham Title: Contract Specialist Address: 1100 West 49th Street, Mail Code 2020, Austin, TX 78756 Phone: 512-406-2465 Email: colin.gresham@hhs.texas.gov https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=305 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=305 https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf mailto:colin.gresham@hhs.texas.gov

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 14 of 36

3.3.2 Exceptions to Sole Point of Contact

Exceptions to Section 3.3.1 (Sole Point of Contact) are as follows:

a. A Respondent with a question relating to the HUB Subcontracting Plan is permitted to direct its written question(s) to the HUB coordinator Bob McCurdy via email at bob.mccurdy@hhs.texas.gov.

b. The Sole Point of Contact may expressly direct another designated HHSC representative to speak to the Respondent, such as during contract negotiations. It is the Respondent’s responsibility to ensure that communications with an individual other than the Sole Point of Contact have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response as provided in Section 3.3.3 (Prohibited Communication).

c. The Sole Point of Contact will authorize an alternate or backup Sole Point of Contact in the event of their extended absence from the office and, in such an event, the contact information for the secondary Sole Point of Contact will be in placed in an automatic reply out-of-office email message. A Respondent seeking to contact the Sole Point of Contact should do so via email in order to timely receive updated contact information.

3.3.3 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.2 (Exceptions to Sole Point of Contact), a Respondent or potential Respondent is prohibited from communicating with HHSC regarding this Solicitation. HHSC, including its representative(s) and partners, will not answer any verbal or written questions or otherwise discuss the contents of this Solicitation with any Respondent, potential Respondent, or their associated representative(s). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

Failure to comply with this restriction may result in disqualification of Respondent's Solicitation Response.

3.3.4 Solicitation Questions

Written questions regarding this Solicitation must be submitted by email to the individual specified in Section 3.3.1 (Sole Point of Contact) by the deadline specified in Section 3.1 (Schedule of Events). Responses to the Solicitation questions will not be emailed to the individual requestors. Responses to all Solicitation questions timely received will be posted on the ESBD by the deadline specified in Section 3.1 (Schedule of Events). If same or similar Solicitation questions are submitted, a single consolidated answer may be posted on the ESBD.

a. All questions regarding the Solicitation must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

mailto:bob.mccurdy@hhs.texas.gov

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 15 of 36

3. Question topic (e.g., “Schedule of Events,” or “Exhibit A, HHS Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects”); and

4. Question.

b. In addition, the following contact information must be provided by the requestor with its submission of the Solicitation question(s):

1. Business entity name;

2. Business entity representative name;

3. Phone number; and

4. Email address.

c. Solicitation questions received after the deadline specified in Section 3.1 (Schedule of Events) may not be answered. Prior to the Solicitation Response deadline specified in Section 3.1 (Schedule of Events), HHSC PCS reserves the right to amend answers previously posted on the ESBD. Amended answers will be posted on the ESBD. It is the Respondent's responsibility to periodically check the ESBD.

3.4 PRE-SUBMITTAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct pre-submittal conference webinars. Attendance is mandatory.

Respondent’s failure to attend the pre-submittal conference will result in the disqualification of its Solicitation Response.

The emails and webinar logs received from attendees will be used by HHSC PCS to confirm the attendance of a Respondent submitting a Solicitation Response.

3.4.2 Pre-submittal Conference Webinar Logistical Information

HHSC PCS will hold the pre-proposal conference by webinar on the dates and times specified in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the individual identified in Section 3.3.1 (Sole Point of Contact) at least seventy-two (72) hours before the pre-proposal conference in order to have reasonable accommodations made by HHSC.

a. Pre-submittal Webinar no. 1:

Tuesday, September 05, 2023, at 9:00 a.m. Central Time

Please register for the webinar at:

https://attendee.gotowebinar.com/register/1527048360885310808

b. Pre-submittal Webinar no. 2:

https://attendee.gotowebinar.com/register/1527048360885310808

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 16 of 36

Wednesday, September 06, 2023, at 9:00 a.m. Central Time

Please register for the webinar at:

https://attendee.gotowebinar.com/register/6027483593791296864

After registering, you will receive a confirmation e-mail containing information about joining the webinar.

3.4.3 Questions During Pre-submittal Conference

a. Attendees may submit Solicitation questions in writing via email during the pre-submittal conference. All questions must be submitted in the prescribed format and include the information specified in Section 3.3.4 (Solicitation Questions).

b. Verbal responses to Solicitation questions may be made during the pre-submittal conference, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official response that is a binding amendment to the Solicitation.

c. Conversations with HHSC program area staff before or after the pre-submittal conference are prohibited pursuant to Section 3.3.3 (Prohibited Communication).

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Respondent should focus on the instructions and requirements of the Solicitation.

Respondent should prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Failure of Respondent to submit all required information and documents within its Solicitation Response in the required format(s) may result in disqualification of the Solicitation Response without further consideration.

3.5.2 Supporting Documentation

A Statement of Qualifications may be submitted with supporting documentation if (i) complete and concise responses cannot be provided within the Statement of Qualifications without referencing the supporting documentation, (ii) the Statement of Qualifications clearly specifies the location (e.g., file, page, section, and/or paragraph) where the supporting information can be found, and (iii) such supporting documentation is submitted as part of the Solicitation Response.

The Statement of Qualifications must be properly paginated, formatted as an 8 ½" x 11" page with 1-inch margins, and use a 12 point or larger font, except that a smaller font may be used for page headers and footers, footnotes, and illustrations such as tables, charts, diagrams, figures, graphs and other visual aids. If a font smaller than 12 point is used, the text when printed on 8 ½" x 11" paper must not require magnification to be legible. Times New Roman font is preferred.

The Statement of Qualifications must not include other documents embedded as electronic files within the text and must not include hypertext links. The Statement of Qualifications, https://attendee.gotowebinar.com/register/6027483593791296864

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 17 of 36 including supporting documentation, submitted as an electronic file should be pre-formatted for printing on 8 ½" x 11" paper.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC will disqualify the Solicitation Response and it will not be evaluated. HHSC will not accept submissions after the “Deadline for Submission of Solicitation Responses” specified in the Section 3.1 (Schedule of Events) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

A Respondent is highly encouraged, in lieu of including exceptions in its Solicitation Response, to address all issues that might be advanced by way of exception by submitting such issues as questions in accordance with Section 3.3.4 (Solicitation Questions).

A Solicitation Response that is not responsive to the Solicitation requirements may result in disqualification. If a Respondent includes any exception(s) in its Solicitation Response, Respondent must specifically and clearly identify each exception on the Exceptions and Assumptions Form, Exhibit C and provide all information requested on the form. Any exception that is not submitted on the form and in the format prescribed by the Exceptions and Assumptions Form, Exhibit C may be rejected without consideration.

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

3.5.5 Assumptions

Respondent must identify on the Exceptions and Assumptions Form, Exhibit C any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s Solicitation Response. HHSC reserves the right to accept or reject any or all assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFQ are deemed rejected by HHSC.

3.5.6 Binding Offer

A Solicitation Response constitutes a binding offer to contract based upon the terms, conditions, and specifications set forth in this Solicitation. By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any contract that may result from this Solicitation.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 18 of 36

A Solicitation Response must be responsive to the Solicitation as worded and without any expectation that any or all terms, conditions, or provisions of the Solicitation will be negotiated. A Solicitation Response may be disqualified as non-responsive to the Solicitation if it includes any disclaimer asserting a conditional offer (e.g., Respondent’s ability to contract is contingent on an exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions)) or other similar statement indicating that the Solicitation does not constitute a binding offer.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Respondent is solely responsible for ensuring timely delivery of its Solicitation Response by the date and time specified in Section 3.1 (Schedule of Events). HHSC PCS will time stamp each Solicitation Response. Solicitation Responses received after the deadline specified in Section 3.1 (Schedule of Events) will be rejected and not considered for contract award.

3.6.2 Delivery – General Instructions

It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation Response to HHSC PCS by the date and time specified in Section 3.1 (Schedule of Events). HHSC will not be responsible for submission errors that may lead to disqualification due to nonreceipt or late delivery of a Solicitation Response. In no event will HHSC be responsible or liable for any delay or error in delivery.

3.6.3 Solicitation Response – Component Parts

Respondent shall submit its Solicitation Response in component parts as described below:

a. One file/folder named “Original” that contains the Respondent’s entire Solicitation

Response (except the HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

b. In accordance with Section 4.1 (HUB Subcontracting Plan), one file/folder named

“HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan, and all supporting documentation.

c. If applicable, one file/folder named “Public Information Act Copy” that contains the

Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF prepared in accordance with Section 7.6 (Public Information Act).

3.6.4 Submission Options

Respondent must submit the Solicitation Response using the following submission option.

A Solicitation Response submitted by any other method will not be considered.

USB Drive. Respondent shall submit the Solicitation Response using the procedures specified in this section.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 19 of 36

Respondent must place the Solicitation Response on two USB drives. The content on each USB drive must be identical. One USB drive must be labeled “Original” The second USB drive must be labeled “Copy.”

Respondent must deliver the Solicitation Response by one of the methods specified below.

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission ATTN: Response Coordinator

Tower Building Room 108 1100 W. 49th St., MC 2020

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement & Contracting Services Building

1100 W. 49th St., MC 2020 Austin, Texas 78756

A Solicitation Response delivered by mail or hand delivery must be placed in a sealed package. It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage to contents. HHSC will not be held responsible for any Solicitation Response that is mishandled prior to receipt by HHSC PCS.

The sealed package and each USB drive must be clearly labeled on the outside as follows:

SOLICITATION NO: RFQ HHS0013586

SOLICITATION NAME: A/E Services, NTSH and AMSH

SOLICITATION RESPONSE DEADLINE: Wednesday, September 20, 2023, by 10:30 a.m. Central Time

PURCHASER NAME: Colin Gresham, CTCD, CTCM

RESPONDENT NAME: [Respondent to include its name.]

Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all Solicitation requirements including, but not limited to, proper labeling of packages, sufficient postage or delivery fees, and ensuring timely receipt by HHSC. A dated shipping label, invoice of receipt from the delivery carrier, or any other documentation in lieu of the HHSC PCS time stamp WILL NOT be accepted.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 20 of 36

If using GPS to locate 1100 W. 49th Street, the proper location may not be accurate depending on the GPS service. To locate the PCS Building, please specify the following street address within your smartphone's GPS App:

5189 Grover Ave.

Austin, TX 78756

The above residential address corresponds to ⑤ on the map.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 21 of 36

When you reach this location, you shall be immediately adjacent to parking lot 7, east of Grover Ave.

Look for the single-story, beige-colored building, adjacent to the large parking lot. The hand delivery location has signage attached to the exterior wall of the building stating:

PROCUREMENT & CONTRACTING SERVICES, BLDG. F, and is indicated on the map above with arrows.

Proceed to parking lot 8 (east side of this Building) and walk to the “East Entrance.” The Solicitation Response becomes the property of HHSC after submission and will not be returned to Respondent.

3.6.5 Modifications and Withdrawals of Solicitation Response

Prior to the Solicitation Response submission deadline specified in Section 3.1 (Schedule of Events), Respondent may either (i) withdraw its Solicitation Response by submitting a written request to the individual identified in Section 3.3.1 (Sole Point of Contact), or (ii) modify its Solicitation Response by submitting a written amendment delivered to PCS as specified in Section 3.6.2 above. When modifying its Solicitation Response, Respondent must provide written notice signed by an authorized representative that specifically identifies the portion(s) of the Solicitation Response that will be replaced or removed by the amendment and meet all required deadlines as set out in the Schedule of Events, Section 3.1.

3.6.6 Retention of Solicitation Responses

A Solicitation Response becomes the property of HHSC after submission and will not be returned to the Respondent.

3.7 INFORMALITIES

HHSC reserves the right to waive minor informalities in a Solicitation Response if it is in the best interest of HHSC. A minor informality is an omission or error that, in HHSC’s sole determination, if waived or modified would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Solicitation Response or Solicitation requirements.

3.7.1 Formatting and Page Size

a. Solicitation Response shall be digitally formatted for letter-size (8-1/2” x 11”) and combined into a single document, when possible, with divider pages before each section.

b. All documents shall be submitted in searchable portable document format (Adobe

PDF). However, if Respondent is unable to submit a searchable Adobe PDF file, it should submit documents in Microsoft Office formats (Word and Excel) or in a form that may be read by Microsoft Office software, excluding any documents with signatures that shall be submitted as an Adobe PDF file.

HHSC Solicitation No. HHS0013586 – Addendum 03 Revision Page 22 of 36

c. HHSC is not responsible for documents that cannot be read or converted. An unreadable Solicitation Response may be, at HHSC’s discretion, rejected as nonresponsive.

d. Additional attachments shall NOT be included with the Solicitation Response.

e. Separate and label each evaluation criteria response to Article 6 of this RFQ as listed in order by section for ready reference.

ARTICLE 4. HISTORICALLY UNDERUTILIZED BUSINESS

PARTICIPATION

4.1 HUB SUBCONTRACTING PLAN

HHSC has determined that subcontracting opportunities are probable in connection with this Solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as part of the Solicitation Response.