ESBD_File_343743_RFQ for IDIQ - Geotechnical Svcs & CMT .pdf

IDIQ Testing & Balancing

#753-23-00029

REQUEST FOR QUALIFICATIONS

FOR

INDEFINITE DELIVERY-INDEFINITE QUANTITY

GEOTECHNICAL AND

CONSTRUCTION MATERIAL

TESTING SERVICES

FOR

SAM HOUSTON STATE UNIVERSITY

HUNTSVILLE, TEXAS

RFQ No.:

753-23-00029

Submission Date:

DECEMBER 19, 2023 2:00 p.m.

(C.S.T.)

Prepared By:

Chuck Jones, Director, Planning & Construction Sam Houston State University

2424 Sam Houston Ave.

Huntsville, TX 77341

TABLE OF CONTENTS

Section 1 - General Information &

Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submission of Qualifications

1.6 Point-Of-Contact

1.7 Evaluation of Qualifications

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Pre-Submittal Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Businesses’

Submittal Requirements

1.14 Certain Proposals and Contracts

Prohibited

1.15 Sales and Use Taxes

1.16 Delinquency in Paying Child Support

1.17 State Registration of Engineering Firms

1.18 Non-Discrimination

1.19 Non-Boycott Israel Verification

1.20 Cybersecurity Training Program

1.21 Firearm Entities and Trade Associations

Discrimination

1.22 Energy Company Boycotts

1.23 Vaccine Passport Prohibition

1.24 Critical Infrastructure Affirmation

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Services Description and Scope

2.4 Schedule

Section 3 - Requirements for Statement of

Qualifications

3.1 Respondent’s Statement of

Qualifications and Availability to

Undertake Geotechnical Construction

Material Testing Services

3.2 Respondent’s Ability to Provide IDIQ

Geotechnical and Construction Material

Testing Services

3.3 Qualifications of Assigned Respondent

Personnel and Their Likely Roles

3.4 Respondent’s Performance on Past

Representative Engagements for IDIQ

Geotechnical and Construction Material

Testing Services

3.5 Respondent’s Knowledge of Best

Practices

3.6 Execution of Offer

Section 4 - Format for Statement of

Qualifications

4.1 General Instructions

4.2 Page Size, Binding, Dividers, and Tabs

4.3 Table of Contents

4.4 Pagination

REQUEST FOR QUALIFICATIONS FOR

INDEFINITE DELIVERY-INDEFINITE QUANTITY FOR

GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING SERVICES FOR

SAM HOUSTON STATE UNIVERSITY

RFQ No.: 753-23-00029

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: The Texas State University System (“TSUS” or “Owner”) on behalf of Sam Houston State University is soliciting Statements of Qualifications (“Qualifications”) for the selection of a firm(s) to provide Indefinite Delivery-Indefinite Quantity (“IDIQ”)

Geotechnical and Construction Material Testing Services for planning, design, renovation and construction of facilities Sam Houston State University, Huntsville, Texas (“Component”), on an hourly fee or lump sum basis as needed by the Component. Respondents shall provide construction material testing, engineering and geological services for the projects designated by the Component through written assignments and shall perform its services by providing all necessary supervision, labor, materials, equipment, and supplies. The services performed will be at the direction of and on an “as needed” basis for the Component. Anticipated services include, but are not to be limited to, feasibility studies for new construction and renovation projects (including the necessary field exploration, surface drilling and sampling, and laboratory analysis); laboratory testing of concrete, welding, soil, and rock materials; site preparation and foundation design recommendations;

pavement design; report preparation; project plans and specification reviews; and written peer review reports. Other related, but not specifically named services, may be requested which are beneficial to the Component in the delivery of or maintenance of facilities. The firm will render these services to the Component as needed, with no minimum or maximum amount of services specified. In particular, the firm must be prepared to assign at least one person with significant related experience to be available as the point of contact for all oversight efforts at the Component institution. An agreement with the selected firm(s) will be issued as an indefinite quantity contract with a 2-year initial term and an option for the Owner to extend the agreement for two (2) additional 1-year terms. The total value of the agreement will not exceed Two Million 00/100

Dollars ($2,000,000.00) for the total term of the agreement, including all extensions. This solicitation sets forth the terms, conditions, and requirements for prospective Geotechnical and

Construction Material Testing firms to be considered for this work. (Prospective firms are hereinafter referred to as “Respondents”).

1.1.1 Collecting Statements of Qualifications in response to this Request for Qualifications

(“RFQ”) is the first step in selecting the Respondent. This RFQ provides the information necessary for Respondents to prepare and submit Qualifications for consideration and initial ranking by the Owner. In the next step the Owner will determine an initial ranking of the Respondents. If the initial ranking of the Respondents is reasonably conclusive, the

Owner may make a “most qualified” selection based upon the written Qualifications only.

If not, then the Owner may conduct interviews with a “short list” of Respondents.

1.1.2 The Owner may select up to five (5) of the top ranked qualified Respondents to participate in an interview with the Owner to confirm and clarify the Qualifications submitted and to answer additional questions. The Owner will then rank the interviewed Respondents in order to determine one or more of the most qualified Respondent(s).

1.1.3 After selecting the most qualified Respondent(s) the Owner will negotiate a suitable fee schedule for the services to be provided by the Respondent.

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

552.001, et seq.) after the solicitation is completed. The Owner complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFQ information. Additionally, pursuant to the provisions of Texas Government Code Section

2261.253, the agreement resulting from this solicitation will be posted on the Owner’s website.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the

Owner’s Standard Indefinite Delivery-Indefinite Quantity Professional Services Agreement, a copy of which will be provided to all Respondents selected for interviews or, in the case where no interviews are conducted, to the selected most qualified (up to 5) Respondent(s).

1.4 CLARIFICATIONS AND INTERPRETATIONS: Discrepancies, omissions or doubts as to the meaning of RFQ documents shall be communicated in writing to the Owner for interpretation. Any responses to inquiries, clarifications, or interpretations of this RFQ that materially affect or change its requirements will be posted by the Owner as a written addendum. All such addenda issued by the Owner before the proposals are due become part of the RFQ. Respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications. Respondents shall be required to consider only those clarifications and interpretations that the Owner issues by addenda.

Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner, and should not be relied on in preparing Qualifications. It is the responsibility of all

Respondents to check the status of formal addenda five (5) calendar days before the submittal deadline. The deadline for the receipt of written questions and submittal deadline is stated in

Section 2.4.

1.4.1 ADDENDA AND AWARD INFORMATION, WILL BE ISSUED BY THE OWNER

FOR THIS RFQ VIA THE ELECTRONIC BUSINESS DAILY WEBSITE AT THE

FOLLOWING LINK: http://www.txsmartbuy.com/sp

1.5 SUBMISSION OF QUALIFICATIONS:

1.5.1 The Qualifications must be received at the address specified in Section 1.5.2 prior to the date and time deadline. Please note that overnight deliveries such as FedEx and UPS arrive at a central campus location but are not usually delivered to the specified location until after the time deadline. Respondents are advised to use other methods of delivery or, if using an overnight delivery service, to send the Qualifications a day earlier than usual. The

Owner will not consider any response to this solicitation that is not received at the address specified by the deadline, regardless of whether it has been received by the Component.

1.5.2 DEADLINE AND LOCATION: The Owner will receive Qualifications and HUB

Subcontracting Plans at the time and location described below.

December 18, 2023 2p.m. (C.S.T.)

Chuck Jones, Director Facilities Planning & Construction

Sam Houston State University

2424 Sam Houston Ave

1.5.3 Submit f i v e (5) identical copies of the Qualification. An original signature must be included on the “Execution of Offer” document, Section 3.6.18, submitted with each copy of the Qualifications. Submit one (1) flash drive with identical copies of the Qualifications in Adobe Acrobat PDF format.

1.5.4 Submit one (1) original, o n e (1) copy and one (1) flash drive of the HUB Subcontracting

Plan (“HSP”) as separate attachments to the Qualifications as described in Section 1.13.

1.5.5 Qualifications received after the deadline in 1.5.2 will be returned to the Respondent unopened. The Point-of-Contact identified in Section 1.6 will identify the official time clock at the RFQ submittal location identified above.

1.5.6 The Owner will not acknowledge or consider Qualifications that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.7 Properly submitted Qualifications will not be returned to respondents.

1.5.8 Respondent’s Qualifications and HSP materials must be enclosed in a sealed envelope (box or container) addressed to the Point-of-Contact person. Packages must clearly identify the submittal deadline, the RFQ title and number, and include the name, return address, and email address of the Respondent’s contact person on all envelopes. The HSP shall be included with the Qualifications packet but sealed separately.

1.5.9 Properly submitted Qualifications will be opened publicly and the names of the

Respondents will be read aloud immediately after the submissions of Qualifications deadline stated in Section 1.5.2.

1.6 POINT-OF-CONTACT: The Owner designates the following person as its representative and

Point-of-Contact for this RFQ. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFQ, including questions regarding terms and conditions and technical specifications, to the Point-of-Contact person via email only.

Jennifer Niemiec, Assistant to the Director

Facilities Planning and Construction

2424 Sam Houston Ave

Jjn014@shsu.edu

1.7 EVALUATION OF QUALIFICATIONS: The evaluation of the Qualifications shall be based on the requirements described in this RFQ. All properly submitted Qualifications will be reviewed, evaluated, and ranked by a Selection Committee appointed by the Component as approved by the

President or their designee. The top five (5) or fewer ranked Respondents may be selected by the

Owner for further consideration by participating in an interview wherein Qualifications will be presented and examined in further detail and where questions will be posed by the Selection

Committee and answered by the Respondent.

1.7.1 Qualifications submittals should not include any information regarding Respondent’s proposed fees, pricing, or other compensation considerations as these will not be a factor in the selection of the best qualified Respondent(s).

1.8 OWNER’S RESERVATION OF RIGHTS: The Owner reserves the right to reject any and all

Qualifications and re-solicit for new Qualifications, or to reject any and all submissions and temporarily or permanently abandon the solicitation. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ.

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

Owner. Determinations by the Selection Committee will be subject to routine administrative review by the Owner’s executive officers but, once a selection is announced, it will not be subject to further review.

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

1.11 PRE-SUBMITTAL CONFERENCE: There will be no pre-submittal conference conducted for this selection process.

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a Respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Qualification.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES’ SUBMITTAL REQUIREMENTS: It is the policy of TSUS and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (“HUBs”) in all contracts.

Accordingly, specific plans and representations by respondents that appear to facilitate the State’s commitment to supporting HUB enterprises are required in the selection process. Failure to submit specific plans and representations regarding HUB utilization, and failure to address the subject at all, will be interpreted by the Selection Committee as an intention to not support the program and will disqualify the Respondent. A HUB Subcontracting Plan (“HSP”) is required as a part of the Respondent's Qualifications.

1.13.1 The HSP information may be downloaded from the Texas State Comptroller’s website at the following URL link: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

THE STATE OF TEXAS HUB SUBCONTRACTING PLAN

NOTE: For this RFP a HUB Subcontracting Plan (HSP) is required. Failure to comply will result in the rejection of the proposal.

a. Proposals over $100,000 (including initial award and all potential option/extension periods) submitted without an HSP will not be considered for award.

b. Questions regarding the HSP and/or to review the HSP as a courtesy PRIOR to the RFP closing date and time as shown on page one of this document can be directed to the University's HUB

Coordinator, Cynthia Guajardo, at (936) 294-1991 or shsuhub@shsu.edu. The acronym TBD (to be determined) will no longer be accepted in the column marked Approximate Dollar Amount.

c. SHSU has adopted the Texas Statewide Procurement Division’s (SPD) rules as their own HUB rules (Texas Government Code, Section 2161.003 and Texas Administrative Code (TAC), Title

34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285. It is the policy of the University to encourage the use of small and historically underutilized businesses by making good faith efforts to increase purchases and contract awards through race, ethnic, and gender-neutral means. The goal is to promote full and equal business opportunity for all businesses. The

University will make a good faith effort to assist small and historically underutilized businesses in receiving a portion of the total contract value for all contracts for construction, services, including professional and consulting services, and commodities purchases. The University has determined that subcontracting opportunities are probable under this contract. Proposers who intend to subcontract must perform their good faith effort in completing the HSP. Failure to do so will result in disqualification. When completing the HSP make note that the University’s HUB goals are as follows:

Building Construction 21.10%

Special Trade 32.90%

Professional Services 23.70%

Other Services 26.00%

Commodities 21.10%

1.14 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas

Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15 SALES AND USE TAXES: Section 151.311, Texas Tax Code, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include the Owner. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and

"completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

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

1.17 STATE REGISTRATION OF ENGINEERING FIRMS: Respondents are advised that the Texas

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

1.18 NON-DISCRIMINATION: In their execution of this agreement, Respondent, consultants, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement.

1.19 NON-BOYCOTT ISRAEL VERIFICATION: Pursuant to Section 2270.002 of the Texas

Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section

2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its response.

1.20 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5192, Texas Government

Code, Respondent and its subcontractors, officers, and employees, who are provided credential granting access to Component’s computer system also known as Component’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas

Government Code as selected by the Component. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. Respondent firm shall verify in writing completion of the program to the Owner within the first thirty (30) calendar days of the term and any renewal period of this Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of the Agreement.

1.22 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: Pursuant to

Chapter 2274, Texas Government Code, Respondent verifies that (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;

and (ii) will not discriminate during the term of the Agreement against a firearm entity or firearm trade association.

1.23 ENERGY COMPANY BOYCOTTS: Pursuant to Chapter 2274, Texas Government Code, Respondent certifies that it (i) does not boycott energy companies as defined in Section 809.001

(1)(a) Texas Government Code (i.e., fossil fuel companies); and (ii) will not boycott energy companies during the term of the Agreement.

1.24 VACCINE PASSPORT PROHIBITION: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from, the Respondent's business. Respondent acknowledges that such a vaccine or recovery requirement would make

Respondent ineligible for a state-funded contract.

1.25 CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Section 2274.0102, Texas

Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of

Respondent or its parent company, is (i) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under

Section 2274.0103, Texas Government Code, or headquartered in any of those countries.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND:

Founded in 1879, Sam Houston State University is the third oldest public university in Texas.

During its 143 years of service, the university has touched the lives of generations of Texans while helping shape the educational, social, economic, and cultural development of the state. Sam

Houston State University is a doctoral-granting university located in the rapidly growing Interstate

45 corridor north of Houston. Currently, Sam Houston State University has approximately 21,500 students enrolled in one of its 90 undergraduate of 70 graduate programs offered by eight colleges.

This year it has ten doctoral programs.

2.2 MISSION STATEMENT:

Sam Houston State University provides high quality education, scholarship, and service to qualified students for the benefit of regional, state, national, and international constituencies.

2.3 SERVICES DESCRIPTION AND SCOPE: Upon notification of a need, and after providing a proposal and receiving and executed assignment document from the Component, the Respondent shall provide Geotechnical and Construction Material Testing Services including but not limited to the following:

2.3.1 Feasibility studies for new construction and renovation projects (including the necessary field explorations, surface drilling and sampling, and laboratory analysis); laboratory testing of concrete, welding, soil, and rock materials; site preparation and foundation design recommendations; pavement design; report preparation; Project plans and specifications reviews with written peer review reports.

2.3.2 Construction Materials Testing and inspection services including, but not limited to, concrete and concrete aggregate testing, masonry and stone materials testing, asphalt testing and inspection, soil compaction testing, structural testing inspection of any type of construction material during construction.

2.3.3 Evaluation of data including, but not limited to, site development, grading, foundations and slabs, retaining walls, pavement designs, and surface drainage.

2.3.4 Geotechnical reporting including, but is not limited to, reports summarizing findings from investigations performed by the Respondent or their consultants, including recommendations regarding excavation, cut and fill, foundation, pavement, and slab design based on information from the Owner or design professional, preliminary design documents, working drawings, specifications and construction estimates

2.3.5 Additional Geotechnical Services or Construction Material Testing Services as may be required.

2.3.6 CONSULTANTS/SUBCONTRACTORS: Consultants and/or subcontractors providing service under the Respondent shall meet the same requirements and level of experience as required of the Respondent. No consultant and/or subcontract under the agreement shall relieve the Respondent of responsibility for the service provided. If the Respondent uses a consultant and/or subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

2.3.6.1 Respondents planning to subcontract all or a portion of the work shall identify the proposed consultants and/or subcontractor.

2.3.6.2 The Owner retains the right to verify the consultant and/or subcontractor’s background and make determination to approve or reject the use of submitted consultant.

2.3.6.3 The Respondent shall be the only contact for the Owner. Respondent shall provide a designated point of contact for all Owner and consultant and/or subcontractor inquiries.

2.4 SCHEDULE: Key schedule milestones (subject to change) are:

2.4.1 Owner publishes RFQ for IDIQ services...................................................... 11/28/2023

2.4.2 RFQ submittal of questions deadline (12:00 p.m.) ....................................... 12/08/2023

2.4.3 Deadline for submittal of Qualifications and HSP (2:00 p.m.) ..................... 12/19/2023

2.4.4 Owner announces “short list” of Respondents selected for interviews (if required)

. .................................................................................................................... 01/03/2024

2.4.5 Owner interviews Respondents (if required) ................................................ 01/05/2024

2.4.6 Owner selects most qualified Respondent(s) ................................................ 01/19/2024

2.4.7 Owner negotiates fee schedule and executes Agreement ............................. 01/29/2024

SECTION 3 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS

Respondents shall carefully read the information contained in the following criteria and submit a complete

Statement of Qualifications to all questions in Section 3 formatted as directed in Section 4. Incomplete

Qualifications will be considered non-responsive and subject to rejection.

3.1 CRITERION ONE: RESPONDENT’S STATEMENT OF QUALIFICATIONS AND

AVAILABILITY TO UNDERTAKE IDIQ GEOTECHNICAL AND CONSTRUCTION

MATERIAL TESTING SERVICES - (Maximum of two (2) printed pages per question) (5%)

3.1.1 Provide a statement of interest for the solicitation including a narrative describing the

Respondent’s unique qualifications as they pertain to the services described in this RFQ.

3.1.2 Provide a statement on the availability and commitment of the Respondent and its principal(s) and assigned professionals, including any consultants and/or subcontractors, to undertake the services described in this RFQ.

3.1.3 Provide a brief history of the firm and each consultant and/or subcontractor proposed in response to this solicitation.

3.2 CRITERION TWO: RESPONDENT’S ABILITY TO PROVIDE IDIQ GEOTECHNICAL AND

CONSTRUCTION MATERIAL TESTING SERVICES (10%)

3.2.1 PROVIDE THE FOLLOWING INFORMATION FOR THE RESPONDENT:

3.2.1.1 Legal name of the firm as registered with the Secretary State of Texas

3.2.1.2 Address of the office that will be providing services

3.2.1.3 Number of years in business

3.2.1.4 Type of operation (Individual, Partnership, Corporation, Joint Venture, etc.)

3.2.1.5 Number of employees by skill group

3.2.1.6 Annual revenue totals for the past ten (10) years

3.2.2 Identify if the Respondent’s firm or any of its consultant and/or subcontractor team is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If yes, please explain the impact both in organizational and directional terms.

3.2.3 Provide any details of all past or pending litigation or claims filed against the Respondent that would affect the Respondent's performance under an agreement with the Owner.

3.2.4 Identify if the Respondent is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution.

3.2.5 Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer, or Regent? If so, please explain.

3.2.6 Provide a claims history under professional malpractice insurance for the past five (5) years for the Respondent’s firm and any consultants proposed to provide professional services.

3.3 CRITERION THREE: QUALIFICATIONS OF ASSIGNED RESPONDENT’S PERSONNEL

AND THEIR LIKELY ROLES (35%)

3.3.1 Identify the key professionals that will be involved in providing services and their likely roles. Specifically name the person who will support the oversight efforts with Sam

Houston State University.

3.3.2 Provide resumes stating the experience and expertise of the professionals that will be involved in providing Geotechnical and Construction Material Testing services, including their experience with similar tasks, the number of years with their respective firms, and their city of residence.

3.3.3 Indicate whether the Respondent intends to use consultants and/or subcontractors in rendering professional services to the Owner. If so, indicate the roles of such consultants and/or subcontractors and describe the Respondent’s process in working with consultants and/or subcontractors, and integrating them into the process of providing IDIQ

Geotechnical and Construction Material Testing services.

3.4 CRITERION FOUR: RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE

ENGAGEMENTS FOR IDIQ GEOTECHNICAL AND CONSTRUCTION MATERIAL

TESTING SERVICES (35%)

3.4.1 List no less than five (5) but no more than ten (10) projects for which Respondent has provided IDIQ Geotechnical and Construction Material Testing services that are most closely related to the services described in this RFQ and completed in the last five (5) years. Any engagements with Owner, Component, other Texas public institutions of higher education and other Texas state-funded projects including public school districts should be included. List the engagements in order of priority, with the most relevant engagement listed first. Provide the following information for each project listed:

3.4.1.1 Engagement or project name, location, and description.

3.4.1.2 The type of services provided.

3.4.1.3 Photographic color images as applicable.

3.4.1.4 Type of construction (new, renovation, or expansion).

3.4.2 References (for each engagement or project listed above, identify the following):

3.4.2.1 The owner’s name and representative who served as the day-to-day liaison(s) during the engagement or project, including telephone number, and email address.

3.4.2.2 Respondent’s representative who served as the day-to-day liaison(s) during the engagement or project, including telephone number and email address.

3.4.2.3 Length of business relationship with the owner.

References shall be considered relevant based on specific participation and experience with the Respondent. The Owner reserves the right to contact any other references at any time during the RFQ process.

3.5 CRITERION FIVE: RESPONDENT’S KNOWLEDGE OF BEST PRACTICES (15%)

3.5.1 Describe the Respondent’s philosophy, methodology, and its processes providing these types of services.

3.5.2 Provide specific examples of how these techniques or procedures were used in up to three

(3) of the engagements or projects listed in response to Criterion 3.4.

3.5.3 Describe Respondent’s team demonstrated technical competence and management qualifications with institutional projects, particularly those for higher education.

3.5.4 Provide any other details regarding special services, processes, advantages, or other benefits offered to the Owner by the Respondent.

3.6 EXECUTION OF OFFER

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

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

THE RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND

RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY

RESULT IN REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR

ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY

RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND THE

RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE

CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT

OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT

OR PURCHASE ORDER.

3.6.1 By signature hereon, Respondent acknowledges and agrees that (1) this RFQ is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of Qualifications by Respondent in response to this RFQ will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFQ; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFQ.

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

3.6.3 By signature hereon, Respondent affirms that it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted

Qualifications.

3.6.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate

Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

3.6.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or owner represented by the Respondent, nor anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, ET. seq., Texas Business and Commerce Code, or the Federal antitrust laws. Respondent further certifies that it has not communicated directly or indirectly the

Qualifications submitted to any competitor or any other person engaged in a similar line of business.

3.6.6 By signature hereon, Respondent represents and warrants that:

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

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

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

3.6.6.4 Respondent understands the requirements and specifications set forth in this RFQ and the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.6.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the

Contract;

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

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

3.6.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined in Texas Government

Code Section 2252.001(4).

3.6.9 By signature hereon, Respondent certifies as follows:

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

3.6.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

3.6.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by

Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”

3.6.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between

Respondent and an employee of Owner or any Component, or Respondent has not been an employee of Owner or any Component within the immediate twelve (12) months prior to

Respondent’s RFQ response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

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

Texas Government Code).

3.6.12 Respondent represents and warrants that all articles and services quoted in response to this

RFQ meet or exceed the safety standards established and promulgated under the Federal

Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

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

3.6.14 By signature hereon Respondent agrees, in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Qualifications, to indemnify and hold harmless Owner, Component and their Regents, officers, directors, attorneys, employees, representatives and agents (collectively "Indemnitees") from and against all damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Respondent or the Respondent’s agents, the consultants under contract, or another entity over which the Respondent exercises control. The indemnity provided for in this paragraph does not apply to the extent of any liability caused by the negligence or fault, the breach or violation of applicable law, or the breach of contract of the Indemnitees or their agents or employees, or any third party under their control or supervision other than the Respondent or its agents, employees, subcontractors, or consultants of any tier.

However, in the event Respondent and Owner or other Indemnitees are found jointly liable by a court of competent jurisdiction, liability will be apportioned comparatively in accordance with the laws of the State of Texas without waiving any governmental immunity available to the State under Texas law and without waiving any defense of the parties under Texas law. The provisions of this section will not be construed to eliminate or reduce any other indemnification or right, which any Indemnitee has, by law or equity.

3.6.15 By signature hereon, Respondent agrees to complete a Cybersecurity Training Program.

Pursuant to Section 2054.5192, Texas Government Code, Respondent and its subcontractors, officers, and employees, who are provided credentials granting access to

Component’s computer system also known as Component’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas

Government Code as selected by the Component. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. Respondent shall verify in writing completion of the program to the Owner within the first thirty (30) calendar days of the term and any renewal period of the Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of the

Agreement.

3.6.16 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.6.17 By signature hereon, Respondent certifies that no member of the Board of Regents of the

Texas State University System, or the executive officers of the Owner or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract, and that no member of the Board of Regents has a “substantial interest” (as that term is defined in Section 51.923 of the Texas Education Code) in the

Respondent.

[Execution of Offer continues next page]

3.6.18 Execution of Offer: RFQ No. 753-23-00029 – IDIQ for Geotechnical and Construction

Material Testing Services for Sam Houston State University.

The Respondent must complete, sign, and return this Execution of Offer as part of its submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Company Name:

Respondent’s State of Texas Tax Account No:

(This 11 digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify by name, each person who owns at least 25% of the Respondent’s business entity:

(Type Name)

Submitted and Certified By:

(Type Respondent’s Name) (Type Title)

(Type Street Address) (Type Telephone Number)

(Type City, State, Zip Code) (Type Fax Number)

(Authorized Signature) (Type Email Address) required for RFQ Notification

(Type Date)

Respondent acknowledges receipt of the following Addenda:

No. 1 ; No. 2 ; No. 3 ; No. 4 ; No. 5 ; No. 6

SECTION 4 – FORMAT FOR STATEMENT OF QUALIFICATIONS

4.1 GENERAL INSTRUCTIONS

4.1.1 Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the Respondent's ability to meet the requirements of this RFQ. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2 The Statement of Qualifications shall be a MAXIMUM OF 50 PRINTED PAGES (25 sheets printed double-sided or 50 sheets single-sided), The cover, table of contents, divider sheets, HUB Subcontracting Plan, and Execution of Offer do not count as printed pages.

4.1.3 Respondents shall carefully read the information contained in this RFQ and submit a complete response to all requirements and questions as directed. Incomplete Qualifications will be considered non-responsive and subject to rejection.

4.1.4 Qualifications and any other information submitted by Respondents in response to this

RFQ shall become the property of the Owner.

4.1.5 The Owner will not compensate Respondents for any expenses incurred in Qualifications preparation or for any presentations that may be made, unless agreed to in writing in advance or required by law. Respondents submit Qualifications at their own risk and expense.

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

4.1.7 The Owner makes no representations of any kind that an award will be made as a result of this RFQ. The Owner reserves the right to accept or reject any or all Qualifications, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ when deemed to be in Owner's best interest.

4.1.8 Qualifications shall consist of answers to questions identified in Section 3 of the RFQ. It is not necessary to repeat the question in the Qualifications; however, it is essential to reference the question number with the corresponding answer.

4.1.9 Failure to comply with all requirements contained in this RFQ may result in the rejection of the Qualifications.

4.2 PAGE SIZE, BINDING, DIVIDERS, AND TABS:

4.2.1 Qualifications shall be printed on letter-size (8-1/2” x 11”) paper and assembled with spiral-type bindings or staples. DO NOT USE METAL-RING HARD COVER BINDERS.

4.2.2 Additional attachments shall NOT be included with the Qualifications. Only the responses provided by the Respondent to the questions identified in Section 3 of this RFQ will be used by the Owner for evaluation.

4.2.3 Separate and identify the response to each of the criteria in Section 3 of this RFQ by use of a divider sheet with an integral tab for ready reference.

4.3 TABLE OF CONTENTS: Submittals shall include a “Table of Contents” and give page numbers for each part of the Qualifications.

4.4 PAGINATION: Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the Respondent is not required to number the pages of any HUB Subcontracting Plan.

END OF REQUEST FOR QUALIFICATIONS