ESBD_File_333648_ITB #CARRI BLDG.pdf

INVITATION TO BID

FAILURE TO SIGN WILL DISQUALIFY BID Bid No. ITB #CARRI BLDG

Due Date: 09/19/2023 at 3:00 P.M.

Signature City Zip

Show bid opening and bid invitation number in lower left-hand corner of sealed bid envelope and return sealed bids to:

Printed Name

VENDOR NAME AND ADDRESS

PHONE/FAX

Email to: bids@sfasu.edu

Mail to: Stephen F. Austin State University

P. O. Box 13030, SFA Station

2102 Alumni Drive, Austin Bldg., Room 131

Nacogdoches, Texas 75962-3030

Phone (936) 468-2206

FAX (936) 468-4282

(See 2.3 related to submittal)

Name of Firm

Phone

Mailing Address

FAX

City State Zip

EMAIL

See Instruction 2.11 on Back for Vendor ID Number

Is Vendor a State of Texas certified HUB? Yes Delivery in ______ Days Cash Disc. ________ % _______ Days

Check all that apply if Preference Claimed under Rule 34 TAC 20.38 __ Products of persons with mental or physical disabilities

__ Supplies, materials or equipment: produced in TX/offered by TX bidders*

__ Products made of recycled, remanufactured, or environmentally sensitive materials

__ Agricultural products grown in TX __ Energy efficient products

__ Agricultural products offered by TX bidders* __ Rubberized asphalt paving material

__ USA produced supplies, materials or equipment __ Recycled motor oil and lubricants

__ Products produced at facilities located on formerly contaminated property

__ Products and services from economically depressed or blighted areas

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas resident Bidder as defined in Rule 34 TAC 20.38.

IF QUOTING OTHER THAN THE REFERENCED ITEM(S) BELOW, BROCHURE AND/OR SPECIFICATIONS SHOULD BE ENCLOSED.

ALL BIDS WILL BE CONSIDERED F.O.B. DESTINATION UNLESS OTHERWISE NOTED.

AWARD NOTICE: Stephen F. Austin State University (SFA) reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of SFA and to reject any and all bid items in the sole discretion of SFA.

Item No. Description Qty. & Unit Unit Price Extension Quote price on quantity and unit of measure, extend and show total. If error in extension, unit price shall govern.

Items for state use are exempt from state sales and federal excise tax. Do not include tax in your bid.

Stephen F. Austin State University (SFA) is the recipient of federal award #08-79-05515 from the US Department of Commerce, Economic Development Administration (EDA). This project will be partially funded with Federal funds from the US Department of Commerce, Economic Development Administration and thereafter is subject to the Federal laws and regulations associated with that program. The scope of work involves the renovation of an existing building and appurtenances to serve the needs of the Center for Applied Research and Rural Innovation (“CARRI”).

BASE BID

SFA is seeking bids for renovation of an existing 19,500sf single story facility for the Center for Applied Research and Rural Innovation building (“CARRI”) located at 7308 N US Highway 59 in Nacogdoches, Texas in accordance with the specifications, terms and conditions herein.

ALTERNATE 1: State in proposal the amount to be added for furnishing and installing covered porch area as shown on detail 4/S2.11 and 5/A4.21.

1 LOT

STEPHEN F. AUSTIN STATE UNIVERSITY

Invitation To Bid #CARRI BLDG

CONTINUATION PAGE

ALTERNATE 2: State in proposal the amount to be added for new roof at Building “B” as shown on sheet A4.52.

ALTERNATE 3: State in proposal the amount to be deducted for deleting all work to create offices 113, 114, 115, 118, 119, 120, Corridor 117 and porch 116. If alternate is accepted, this area will remain as it currently exists.

ALTERNATE 4: State the proposal the amount to be deducted to omit retractable panels wall in panels between Conference 139, 140 and 144 and related structure as shown on A4.11, S2.11 and detail A4.63.

ALTERNATE 5: State in the proposal the amount to be deducted for using Sarnafil Sika Plan 60mil nominal membrane, in leu of Sarnafil full 60 mil membrane as specified.

ALTERNATE 6: State in proposal the amount to be deducted for deleting seal coat and restriping of existing parking at east end of site as shown on Civil drawing.

ALTERNATE 7: State in proposal the amount to be deducted for deleting seal coat and restriping of existing parking at west end of site as shown on Civil drawing.

SPECIFICATIONS

Reference Exhibit A for the Architect’s Project Manual and Drawings.

Reference Exhibit B for a campus map.

SCHEDULE OF EVENTS:

Issuance of Invitation to Bid…………….….….…..August 18, 2023 Pre-bid meeting/Site visit………….……August 28, 2023, 9:00 am Bid Opening Date……………………September 19, 2023, 3:00pm Evaluation of bids and awards………….. September 19-20, 2023 Compile contract and approval………………Sept 21-Nov16, 2023 Issue contract………………………………….…November 17,2023 Substantial completion……………………….……November, 2024 Occupy facility……………………………….……December 1, 2024 *Dates are tentative/award contingent on board approval

MANDATORY PRE-BID MEETING/SITE VISIT

Please note that there will be a mandatory pre-bid meeting and site visit at 9:00 am on August 28, 2023. Please meet at the Science Research Center (CARRI complex) located at 7308 N US Highway 59, Nacogdoches, TX 75964. Contact name and number for this mandatory pre-bid meeting and site visit is Bill Richardson, Assistant Director of Construction, 936.468.4807 or

William.Richardson@sfasu.edu

Failure to attend the pre-bid conference and site visit will forfeit consideration of the Respondent’s bid.

PROJECT COMPLETION

The University requires that the job be performed and completed including clean-up by November, 2024. Work shall begin around November 17, 2023 after award of bid and is to be coordinated with the Owners Designated Representative.

mailto:William.Richardson@sfasu.edu

CONTINUATION PAGE

BID BOND

The cost of all bonds must be included in the response.

A bid bond or bid security in the form of a Certified or Cashier's check on a State or National Bank in the State of Texas, or a Bid

Bond from a Surety Company authorized to transact business in the State of Texas, and made payable to Stephen F. Austin State

University in the amount of 5% of the largest proposed amount must accompany each response as a guarantee that, if awarded the Purchase Order, the Contractor will execute the required Performance and Payment Bonds, if required, in such form and with such Sureties as SFA may prescribe or approve.

Responses submitted without a bid bond or bid security will not be considered.

PERFORMANCE AND PAYMENT BONDS

The cost of all bonds must be included in the response.

Performance bonds are required on contracts exceeding $100,000. Payments bonds are required on contracts exceeding $25,000. Refer to Article V. in the Uniform General Conditions.

Should the Contractor fail to execute and return the required Performance and Payment Bonds within ten (10) days after the date of notice of award, the Bid Guarantee shall become the property of SFA, not as a penalty but as liquidated damages.

CONTRACT DOCUMENTS

After award, the University will issue a General Contractor contract document. This base contract document will be “AIA 101 1997 Standard Form of Agreement between Owner and Contractor where the basis of payment if a stipulated sum”. The contract will be modified by SFA as needed to be in compliance with the Uniform and Supplementary General Conditions and state law.

UNIFORM GENERAL CONDITIONS

The attached Uniform General Conditions (UGC), Exhibit E, is an integral part of this document. The respondent is responsible for reading and being familiar with all of the requirements of the Uniform General Conditions. Failure to consider all the requirements of the UGC does not relieve the Contractor from the obligation to fulfill all requirements of the UGC.

LIQUIDATED DAMAGES

The liquidated damages are standard in our contract document at

$500.00 per calendar day.

PREVAILING WAGE RATES

In accordance with Davis-Bacon Act, as amended (40

U.S.C.3141-3144 and 3146-3148) as supplemented by

Department of Labor regulations (29 CFR Part 5, “Labor

Standards Provisions Applicable to Contracts Covering Federally

Financed Assisted Construction”) In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wage specified in a wage determination made by the Secretary of Labor. See

Exhibit F for Wage form.

SMOKING, VAPING, AND USE OF TOBACCO PRODUCTS

Stephen F. Austin State University is a tobacco and vape free campus.

PARKING ON CAMPUS

All vehicles parked on the University campus must properly display a valid parking permit and comply with all University parking rules. The Parking and Traffic Office supervises and coordinates all parking transportation and traffic related functions on the campus. Permits expire each August 31.

Contractor shall be responsible for obtaining parking permits from the Parking and Traffic Office and for resolving, should they arise, any parking regulation disputes and violations. The Parking and Traffic Office telephone number is 936-468-7275.

HUB SUBCONTRACTING PLAN

Each respondent is required to make a good faith effort to subcontract with historically underutilized businesses and shall submit a HUB Subcontracting Plan using the HUB Subcontracting Plan documents provided in Exhibit C.

Stephen F. Austin State University is committed to making a good faith effort to increase business with historically underutilized businesses (HUBs) by contracting with HUBs either directly or indirectly through subcontracting opportunities. Respondents are encouraged to actively seek to subcontract or partner with HUBs in an effort to create an environment that actively acknowledges and values diversity.

The University has determined that subcontracting opportunities are probable under this contract.

The University’s HUB goal for this procurement is:

22.5% for building construction.

Each HUB subcontracting plan will be evaluated independently of the response. If the HSP does not reflect a good faith effort to subcontract with HUBs, the entire response will be disqualified.

All questions regarding the HUB Subcontracting Plan may be directed to the HUB Coordinator, Lacey Bradshaw, 936-468-4412 or Lacey.Bradshaw@sfasu.edu

Failure to submit the HUB Subcontracting Plan will disqualify the entire response from consideration.

mailto:Lacey.Bradshaw@sfasu.edu mailto:Lacey.Bradshaw@sfasu.edu

DEMOLITION AND DISPOSAL OF MATERIALS

Stephen F. Austin State University will retain ownership of all removed recyclable materials. SFA will supply a roll-off dumpster for all steel, aluminum, copper, brass and other precious metals removed from the buildings. The contractor will be responsible for placing these materials in the dumpster provided. Placement of the dumpster shall be coordinated with the SFA representative.

Contractor will be responsible for hauling and disposing of the remaining materials and contents in an approved landfill. No burning allowed on State property.

ADDITIONAL TERMS AND CONDITIONS

-Contractors are required to comply with federal contract provisions included in Appendix II to 2 CFR Part 200-Contract Provisions for Non-Federal Entity Contracts under Federal Awards.

-SFA Purchase order General Terms and Conditions https://www.sfasu.edu/purchasing/images/PO_TandC_07-18- 22.pdf -Reference Exhibit G for additional EDA terms

CONTACT INFORMATION

Questions relating to the solicitation document or response may be directed to Kim Jones, Assistant Director of Procurement, 936.468.6551.

Questions pertaining to the drawings and specifications may be directed to Mark Strong, Goodwin-Lasiter-Strong Architects, 936- 634-4475 or Bill Richardson, Assistant Director of Construction Services at SFASU, 936-468-4574.

BID OPENING

All bids are due back on Tuesday, September 19, 2023 at 3:00 pm.

Bids must be sent via e-mail to bids@sfasu.edu or can be hand delivered to 2102 Alumni Drive Austin Building, Room #131 or via mail to SFASU Procurement and Business Services P.O. Box 13030 Nacogdoches, TX 75962

REQUIRED SUBMITTALS

1) Signed Invitation to Bid

2) Acknowledgement of Addenda, if any

3) HUB Subcontracting Plan – Exhibit C

4) Non-Collusion Affidavit - Exhibit D

5) Lobbying Restriction Form (Form CD-512)-Exhibit G https://www.sfasu.edu/purchasing/images/PO_TandC_07-18-22.pdf https://www.sfasu.edu/purchasing/images/PO_TandC_07-18-22.pdf mailto:bids@sfasu.edu

Revision 01/2020

ITEMS BELOW APPLY TO AND BECOME PART OF TERMS AND CONDITIONS OF QUOTATIONS.

ANY EXCEPTIONS THERETO MUST BE IN WRITING AND SUBMITTED WITH INVITATION TO BID.

1. BIDDER AFFIRMATIONS: Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts. By signature hereon affixed, the bidder hereby certifies that:

1.1 The bidder 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 bid.

1.2 The bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal antitrust laws nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

1.3 Pursuant to Texas Government Code, Section

2155.004(a), the bidder has not received compensation for participation in the preparation of the specifications for this solicitation.

1.4 If applicable, pursuant to Section 231.006 of

the Texas Family Code (relating to child support) the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

1.5 Pursuant to Texas Government Code, Section

2155.004(b), the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

1.6 Bidder agrees that pursuant to Section

2107.008 and 2252.903, Texas Government Code, any payments due under this contract will be applied directly toward any debt, including but not limited to delinquent taxes and child support, that is owed to the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquent taxes are paid in full.

1.7 Bidder certifies that they are in compliance

with Texas Government Code, Section 669.003, relating to contracting with executive head of a State agency. If Section

669.003 applies, the bidder will complete the following information in order for the bid to be evaluated:

Name of former Executive:

Name of State Agency:

Date of separation from State Agency:

Position with bidder:

Date of employment with bidder:

1.8 Bidder agrees to comply with Texas

Government Code 2155.4441, relating to the use of service contracts for products produced in the State of Texas.

1.9 By signature hereon, the Respondent hereby

certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas.

2. BIDDING REQUIREMENTS:

2.1 Bids should be submitted on this form. Each

bid shall be placed in a separate envelope completely and properly identified. When sending bids via overnight delivery, bidder is advised to confirm whether SFA delivery location is a guaranteed AM delivery.

2.2 SFA offers facsimile or email service as a

convenience only. The only telephone number for FAX submission of bids is 936- 468-4282. The only email for email submission of bids is bids@sfasu.edu. The University shall not be responsible for bids or portions of bids received late, illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment, technology error, or operator error. Confirmation of facsimile or email bids is not required.

2.3 Bids must be time stamped in the SFA

Procurement & Business Services Office on or before the hour and date specified for the bid opening. Late bids will not be considered under any circumstances. Late bids properly identified will be returned to the bidder unopened.

2.4 Bids are requested to be firm for acceptance

for a minimum of 30 days from opening date.

Bid cannot be altered or amended after opening time. No bid can be withdrawn after opening time without the approval of the University based on a written acceptable reason.

2.5 Telephone quotations are not acceptable

when in response to this Invitation to Bid.

2.6 Stephen F. Austin State University reserves

the right to accept or reject all or any part of any bids, to waive minor technicalities, to re-advertise if deemed necessary, and to award the bid to best serve the interests of the University.

2.7 All electrical items must meet all applicable

OSHA standards and regulations, and bear the appropriate listing from US, FMRC or

NEMA.

2.8 All items shall be new, in first class condition, with containers suitable for shipment and storage. New shall not be construed as excluding recycled or remanufactured products.

2.9 Any catalog, brand name or manufacturer's

reference used in this bid is descriptive (not restrictive).

2.10 Stephen F. Austin State University will not be

bound by any oral statement or representation contrary to the written specifications of this ITB and any associated addenda.

2.11 Bids should give Payee ID Number, full firm

name and address of bidder. The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification

Number

Sole Owner should also enter SSN# below

3. TIE BIDS - Awards will be made in accordance with Rule TAC, Title 34, as amended.

(preferences).

4. PATENTS OR COPYRIGHTS – The Contractor agrees to protect Stephen F. Austin

State University from claims involving infringement of patents or copyrights.

5. PAYMENT - Vendor shall submit an itemized invoice showing Purchase Order Number.

Payment will be made Net 30 from date of receipt of goods/services or invoice, whichever is later.

Late fees will be incurred in accordance with Texas Government Code 2251. Invoices and any required supporting documents must be presented to: SFASU Accounts Payable, P.O.

Box 6085, Nacogdoches, TX 75962 or electronically submitted to accountspayable@sfasu.edu.

6. DELIVERY:

6.1 Bids should show the number of days required to

place material in designated location under normal conditions. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days. A five-day difference in delivery promise may break tie bids. Unrealistic short or long delivery promises may cause the bid to be disregarded.

6.2 Delivery shall be made during normal working

hours only, unless prior approval for early or late delivery has been obtained.

6.3 If delay is foreseen, contractor shall give written

notice. The University has the right to extend delivery date if reasons appear valid. Contractor must keep the University advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the University to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.

6.4 No substitutions or cancellations are permitted

without prior written approval.

7. ALTERNATE DISPUTE RESOLUTION:

Pursuant to Chapter 2260 of the Texas

Government Code, any dispute arising under a contract for goods and services for which this chapter applies must be resolved under the provisions of this chapter.

8. PUBLIC INFORMATION ACT:

Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

Bidder acknowledges that University may be required to post a copy of the contract on its website in compliance with Section 2261.253(a)(1), Texas Government Code.

9. NOTE TO BIDDERS:

9.1 Any terms and conditions attached to a solicitation

will not be considered unless specifically referred to on this solicitation and may result in disqualification.

9.2 The Contractor shall defend, indemnify and hold

harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier in the execution or performance of this contract.

9.3 Contractor understands that acceptance of funds

under this contract acts as acceptance of the authority of the State Auditor’s Office or any successor agency, or Stephen F. Austin’s Internal Audit Services, to conduct an audit or investigation in connection with those funds.

Contractor further agrees to cooperate fully with the State Auditor’s Office or its successor, or Stephen F. Austin’s Internal Audit Services in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract awards.

Revision 01/2020 mailto:bids@sfasu.edu

EXHIBIT A

PROJECT MANUAL AND

DRAWINGS-See link below

501154-Specification & Drawings https://urldefense.com/v3/__https:/glstexas-my.sharepoint.com/:f:/p/ccruz/Es4khopyFLhMvfbGxl1ccdwB0Yr8DkDqjESTIZBFFGYMmA?e=RDAwYH__;!!FvPYdGY!foxiZQdijaiiNo86wJKn32OyMOYiJYz2K5fu6Z7Z_5TU4wkYE7Oto1E_fSjJv-nFg0Urq9Z03TYgiNgz_TXUOEQZ$

EXHIBIT B

CAMPUS MAP

1. Agricultural Mechanics

2. Agriculture Building

3. Agriculture Greenhouse

4. Art Studio Annex

5. Art Building

6. Art Studio

7. Austin Building

8. Baker Pattillo Student Center

9. Biology Greenhouse

10. Boynton Building

11. Brundrett Conservation Education Building

12. Bush Mathematical Sciences Building

13. Cole STEM Building

14. Culinary Café

15. Dugas Liberal Arts North

16. Education Annex

17. Eatery on East

18. Ferguson Building

19. Field House

20. Forestry Building

21. Forestry Greenhouse

22. Forestry Laboratories

23. Griffith Fine Arts Building

24. Griffith Hall

25. Grounds and Transportation

26. Hall 10

27. Hall 14

29. Hall 20

30. Homer Bryce Stadium

31. Human Sciences Building North

32. Human Sciences Building South

33. Human Services Building

34. Janice A. Pattillo Early Childhood Research Center

35. Johnson Coliseum

36. Juanita Curry Boynton House

37. Kennedy Auditorium

38. Kerr Hall

39. Kingham Children’s Garden

40. Lehmann Chemistry Building

41. Lumberjack Landing

42. Lumberjack Lodge

43. Lumberjack Village Community Building

44. Lumberjack Village (Building 1, 2 and 3)

45. Mays Hall

46. McGee Business Building

47. McKibben Education Building

48. McKinney Fine Arts Annex

49. Military Science Building

50. Miller Science Building

51. Murphy Wellness Center

52. Naymola Basketball Performance Center

53. North Hall

54. Norton HPE Complex

55. Pearman Alumni Center

56. Parking Services

57. Physical Plant

58. Press Box

59. Purchasing and Central Stores

60. Rusk Building

61. Schlief Tennis Complex

62. School of Art Film House

63. SFA Theatre Scene Shop

64. Shelton Gym

65. Social Work Building

66. South Hall

67. Steen Hall

68. Steen Library

69. STEM Apartments

70. Stone Fort Museum

71. Student Recreation Center

72. Ticket Booth

73. Tucker Building

74. University Police Department

75. Wildlife Habitat and Silviculture Laboratory

76. Wisely Hall

77. Wright Music Building

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Residence HallUniversity Building

Parking Lot

SidewalkLanana Creek Trail

Roadway One-Way Street

Visitor Booth

Green Space

Construction Zone

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LAST UPDATE: JANUARY 2023

FOR A LIST OF ACCESSIBLE

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OR SCAN THE QR CODE.

EXHIBIT C

HUB SUBCONTRACTING

PLAN

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Bid Open Date:

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - No a.

b.

c.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

E-mail Address:

Is your company a State of Texas certified HUB?

Requisition #:

Phone #:

Fax #:

- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

Non-HUBs

HUBs

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.

a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:

b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

1 %

6 %

11 %

Aggregate percentages of the contract expected to be subcontracted:

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.”

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.)

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)

This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description

HUBs Non-HUBs

16 % % %

Aggregate percentages of the contract expected to be subcontracted:

HSP – SECTION 2

(Continuation Sheet)

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials and/or equipment.

SECTION 4: AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:

• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls).

• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.

• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.

Printed Name Title Date (mm/dd/yyyy)

Signature

Reminder:

If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls

HSP Good Faith Effort - Method A (Attachment A)

Enter your company’s name here:

Requisition #:

IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

SECTION A-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Item Number:

Description:

Company Name Texas certified HUB Approximate

Dollar Amount Expected

Percentage of Contract

- Yes - No $

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

(Attachment A)

Texas VID or federal EIN Do not enter Social Security Numbers.

If you do not know their VID / EIN, leave their VID / EIN field blank.

SECTION A-2: SUBCONTRACTOR SELECTION

List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

Enter your company’s name here:

Requisition #:

HSP Good Faith Effort - Method B (Attachment B)

IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf..

SECTION B-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Item Number: Description:

SECTION B-2: MENTOR PROTÉGÉ PROGRAM

If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work.

Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé.

- Yes (If Yes, continue to SECTION B-4.)

- No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)

SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY

When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person.

When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/HUBSubcontractingOpportunityNotificationForm.pdf.

Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.

Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Texas Vendor Identification (VID) Number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.

Did the HUB Respond?

Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more trade organizations or development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

List two (2) trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.

Trade Organizations or Development Centers Was the Notice Accepted?

(Attachment B) a.

b.

c.

d.

- Yes

- Yes

- Yes

- Yes

- Yes

- No

- No

- No

- No

- No

Texas VID (Do not enter Social Security Numbers.)

Date Notice Sent (mm/dd/yyyy)

Company Name

Date Notice Sent (mm/dd/yyyy) http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1

Rev. 2/17 HSP Good Faith Effort - Method B (Attachment B) Cont.

SECTION B-4: SUBCONTRACTOR SELECTION

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.

Item Number: Description:

List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Emplioyer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):

REMINDER: As specified in SECTION 4 of the completed HSP…