ESBD_File_348144_HHS0013668 RFQ - Revised per Addendum no. 1.pdf

HHS CMR Two-step RFQ Template RFQ No. HHS0013668 - Addendum 01 Revision Version 1.1 (11/17/2023)

Cecile E. Young, Executive Commissioner

Request for Qualifications (RFQ)

Construction Manager-at-Risk (CMR) Two Step Process for

Project 24-205-LBH, 2-Step CMR for 50-Bed Maximum Security Facility in Lubbock, Texas

RFQ No. HHS0013668

Revised per Addendum No. 1 Date of Release: Monday January 29, 2024

See Section 3.1 for Schedule of Events

NIGP Class/Item Codes

909-00 Building Construction Services, New, Including Maintenance and Repair Services

909-28 Building Construction, Medical 909-76 Site Work Construction

909-77 Special Construction: Observatory, Security, Special Rooms, etc.

958-26 Construction Management Services

961-21 Cost Estimating

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Table of Contents Article 1. Introduction and Definitions

1.1 Introduction

1.2 Definitions

1.3 Authority

Article 2. Scope of Work

2.1 Historical Background

2.2 Project Description and Cost of Work

2.2.1 Project Description

2.2.2 Phase One

2.2.3 Phase Two

2.2.4 Cost of Work

2.3 Project Assumptions

2.3.1 Americans with Disabilities Act

2.3.2 Building Codes

2.3.3 CMR Services

2.4 Contract Award and Term

2.4.1 Contract Award and Reservation of Rights

2.4.2 Contract Term

2.5 Unforeseen Conditions

2.6 No Guarantee of Volume, Usage, or Compensation

Article 3. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Exceptions to Sole Point of Contact

3.3.3 Prohibited Communication

3.3.4 Solicitation Questions

3.4 Pre-submittal Conferences

3.4.1 Attendance

3.4.2 Mandatory Pre-submittal Conference Webinar Logistical Information

3.4.3 Questions During Pre-submittal Conference

3.5 Step One Submittal Composition

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3.5.1 General Information

3.5.2 Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Step One Submittal Submission and Delivery

3.6.1 Deadline

3.6.2 Delivery – General Instructions

3.6.3 Submittal – Component Parts

3.6.4 Submission Options

3.6.5 Modifications and Withdrawals of Submittal

3.6.6 Retention of Solicitation Responses

3.7 Informalities

3.7.1 Formatting and Page Size

Article 4. Historically Underutilized Business Participation

4.1 HUB Subcontracting Plan

Article 5. Solicitation Response Evaluation and Award Process

5.1 Conformance with State Law

5.2 Selection Methodology

5.2.1 Minimum Qualifications (Pass or Fail)

5.2.2 Initial Compliance Screening

5.2.3 Written Submittal Evaluation (Part of Step One – Qualifications (70% Criteria Weight))

5.2.4 Written Submittal Evaluation Criteria (Part of Step One – Qualifications (70% Criteria Weight))

5.2.5 Advancement Criteria

5.2.6 Short List and CMR Proposal Evaluation Criteria (Part of Step Two – Proposed Cost (30% Criteria Weight))

5.2.7 Step Two Interviews

5.2.8 Final Score

5.2.9 Additional Selection Consideration

5.2.10 Summary of Best Value Determination and Final Award

5.3 Questions or Requests for Clarification

Article 6. Statement of Qualifications and Required Respondent Information

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6.1 General Requirements

6.2 Executive Summary

6.3 Minimum Qualification Documentation

6.4 CMR Company Information

6.4.1 Table of Contents and Company Information

6.4.2 Company Profile

6.4.3 Ability to Provide Relevant CMR Construction Services and Proposed Team’s Relevant Experience (Experience and Relevant Experience of Key Personnel 35% Total Criteria Weight)

6.4.4 Quality and Safety Program (10% Criteria Weight)

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

6.4.6 Proposed Methodology and Budget/Schedule Compliance (25% Criteria Weight)38

6.4.7 Information and Disclosures

6.4.8 Attachments to Respondent’s Submittal

6.4.9 Insurance Statement by Respondent

Article 7. CMR Proposed Cost

7.1 Step Two Proposal Package

7.1.1 Proposal – Component Part

7.1.2 Submission Options

7.2 Proposed Cost Components

7.2.1 Pre-Construction Management Not-to-Exceed Fee

7.2.2 Construction Management Fee

7.2.3 Not-to-Exceed Fee for Construction General Conditions

7.3 List of Exhibits for Respondent to Include with its Proposal

Article 8. General Conditions

8.1 Changes Modifications, and Cancellation of the Solicitation

8.2 Offer Period

8.3 Cost Incurred

8.4 Contract Responsibility

8.5 Acceptance of Evaluation Methodology

8.6 Public Information Act

8.7 Respondent Waiver – Intellectual Property

8.8 Standards of Conduct for Vendors

8.9 Disclosure of Interested Parties

8.10 Protest

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Article 9. Submittal Checklist

9.1 Original Submittal Package

List of Exhibits and Attachments

Exhibit A, HHS Affirmations and Solicitation Acceptance for State Architectural/Engineering and Construction Projects, v. 2.0 (January 2024)

Exhibit B, Draft Construction Manager-at-Risk Contract including:

Attachment A, Contract Affirmations for State Architectural/Engineering and Construction Projects, v. 1.7 (Nov. 2023) Attachment B, Draft Facility Space Program Attachment C, Facility Specific Policies and Procedures Attachment D, Prevailing Wage Rates

Attachment E, CMR’s Historically Underutilized Business Subcontracting Plan

Attachment F, CMR’s Personnel and Monthly Salary Rates Attachment G, Additional Services Proposal for Pre-Construction Attachment H, Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions, v. 2.2 (Nov. 2018) Attachment I, HHSC Project Special Conditions Attachment J, HHS Uniform Terms and Conditions - Vendor, v. 3.4 (Nov. 2023) Attachment K, Allowable General Conditions Line Items Attachment L, Guaranteed Maximum Price Proposal with Exhibits Attachment M, CMR’s Proposal

Exhibit C, Exceptions and Assumptions Form

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

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

Exhibit F, Evaluation Tool

Exhibit G, Preliminary Proposed Schedule

Exhibit H, Execution of Proposal and Bonds

Exhibit I, Schedule and Budget Compliance

Exhibit J, CMR Proposal Form

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ARTICLE 1. INTRODUCTION AND DEFINITIONS

1.1 INTRODUCTION

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

PCS, on behalf of the Maintenance and Construction Department of the Health and Specialty Care System (HSCS) division, issues this Request for Qualifications (RFQ) to solicit qualifications from a Construction Manager-at-Risk (CMR) interested in providing consultation, construction and administrative services during the planning and design, pre-construction and construction, furniture, furnishing and equipment (FFE) procurement and installation, closeout and warranty phase services for Project 24-204- LBH - 50-Bed Maximum Security Facility in Lubbock, Texas.

The Project will include a 50-Bed Maximum Security Facility in Lubbock, Texas, with patient and therapy areas, an administration area, related support services to support the operations of the hospital, and related utility infrastructure and landscaping.

Selection of the CMR will be made using a two-step process pursuant to Texas Government Code Section 2269.254 and as set out in this RFQ.

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

RFQ.

1.2 DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below. Refer to Exhibit B, Draft Construction Manager-at-Risk Contract and attachments to Exhibit B for additional definitions (e.g., Change Order, Contract, Contract Documents, Contractor, Deliverable, Effective Date, Guaranteed Maximum Price or GMP, HUB, Project, Services, and Work).

Addendum means a written clarification or revision to this Solicitation posted on the

ESBD.

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

BIM or Building Information Modeling means the computable, digital, multi-dimensional representation of the physical and functional characteristics of the Project’s

Version 1.1 (11/17/2023) facilities and their related life-cycle information in Autodesk Revit format and Autodesk Civil 3D, to be used as a repository of design and construction information for use by the Project Team during the design, bidding, Preconstruction, and construction phases of the Project.

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

Construction Administration means the oversight and execution of a construction Contract during the preconstruction and construction phases of a Project.

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

Cost of the Work or Cost of Work means the amount Respondent should consider as the basis for the construction budget, or Guaranteed Maximum Price (GMP), not including any pre-construction management fees, construction management fees, and construction general conditions.

ESBD means the Electronic State Business Daily, an online directory where State of Texas solicitations over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

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

FFE means furniture, furnishings, and equipment.

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

Final Written Response Score means the final scoring of the written response as documented in the Solicitation.

Guaranteed Maximum Price or GMP Construction Documents means the amount proposed by CMR and accepted by Owner as the maximum cost to Owner for construction of the Work in accordance with the Contract Documents, subject to (i) any Change Orders, or amendments to the GMP. The GMP does not include the pre-construction phase fee.

HHSC means the Texas Health and Human Services Commission. As defined below, the Texas Health and Human Services Commission also may be referred to as Owner.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107 http://www.txsmartbuy.com/esbd

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HHSC PCS means the Procurement and Contracting Services division of HHSC.

HUB Subcontracting Plan or HSP means the written documentation regarding the use of subcontractors that is required by Section 2161.252 of the Texas Government Code for a purchase with an expected value of $100,000 or more when the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the Contract and Contractor’s compliance with the HSP will be monitored during the Contract Term.

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

Lead Architect means individual responsible for leading the design of the Project.

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

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

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

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

Proposal means the Solicitation Response by the Short List during step two of the Solicitation as set out in Article 7.

Respondent means the individual or entity responding to this Solicitation.

Short List means the top five, or fewer, Respondents selected solely on the basis of qualifications during step one, that are invited to provide additional information, including the Construction Manager-at-Risk's proposed fee and prices for fulfilling the general conditions. (Exhibit J, CMR Proposal Form).

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

Solicitation Response means a response to this RFQ.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=415&rl=303 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=415&rl=303 https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46C.htm

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

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

Submittal means the Solicitation Response for step one of the Solicitation as set out in Article 6.

Superintendent means the individual who maintains a full-time onsite presence at the Project site and is responsible for field supervision, coordination, and completion of the Work.

Unforeseen Conditions means unanticipated or unexpected circumstances or situations that affect the final price and/or completion time of a Contract or Project.

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

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

1.3 AUTHORITY

HHSC is soliciting CMR Services under Texas Government Code Section 2155.144(b-2) and Chapter 2269, Subchapter F, Construction Manager-at-Risk Method using a two-step process pursuant to Section 2269.253.

ARTICLE 2. SCOPE OF WORK

2.1 HISTORICAL BACKGROUND

The State hospital system serving patients with mental illness is strained by aging campuses that have severe infrastructure concerns and building designs that are outdated for modern psychiatric care practices. The Texas Legislature has invested more than $2.5 billion for replacement and renovation of the hospitals across the State at Wichita Falls, Terrell, Austin, San Antonio, Rusk, Kerrville, and construction of new hospitals in Houston, Dallas, Lubbock and Amarillo. These Projects are a part of HHSC’s transformation of inpatient psychiatric care in Texas. They are founded on three bedrock principles: systems-based continuum of care, unparalleled treatment, and easy access.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2269.htm

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2.2 PROJECT DESCRIPTION AND COST OF WORK

2.2.1 Project Description

The Project includes the pre-construction services, design, construction and procurement and installation of furniture, furnishings and equipment of the new 50-bed Maximum Security Facility in Lubbock, Texas.

The proposed building(s) will incorporate approximately 85,000 square feet of program space, and a variety of other outdoor space, creating an environment that promotes wellness and rehabilitation for the patients. The program space will include private patient rooms; shared and specialized support space for patients; administration space;

diagnostic and treatment space; etc. The program space will also include the support services that are necessary to support the operations of the hospital like food services, laundry, supply services, motor pool, maintenance department and other programs. The design and construction of the building should provide optimized care and treatment opportunities, focusing on privacy; minimizing the sense of confinement, noise, and crowding; ample natural light and access to nature; and increased communication and visibility.

HHSC is in the process of acquiring land for this new hospital, and the scope of the Project may encompass demolition of existing buildings or utilities as needed to implement the design, including replacement, restoration, or renovation, hazardous materials abatement planning, and consulting services. The Project may include archaeological surveys that involve working with the Texas Historical Commission.

It is expected that the design team will fulfill the mandatory requirements, but the Contractor will be required to review and confirm the assessments.

The Project schedule is very critical for the timely delivery and completion of the Project.

To meet the Project timeline, HHSC is planning to have GMP at the end of the design development package or 50% Construction Documents package. Early packages might need to be issued for an early start. The phasing and early packages and the timeline associated will be finalized once the A/E team and CMR team are on board.

CMR will provide appropriate services to ensure the proper flow of information is provided to enable appropriate input into and output from the BIM, including, but not limited to, importing information into the BIM, providing updated information on changes to the Project plans and specifications during construction, assisting on conflict resolution, coordinating the sharing of information, facilitating file exchange, and other deliverables as needed.

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2.2.2 Phase One

Collaborate with HHSC and its A/E, during the drafting and completion of the Construction Documents including review and comments at each negotiated milestone prior to completion of Construction Documents. The Contractor’s expertise will be used to affect value engineering, establish a Project schedule, and ultimately determine the GMP. The Services include, but are not limited to, attendance at meetings, and consultation regarding plan reviews, constructability reviews, and cost estimating.

In addition, CMR will work closely with HHSC to collaborate with stakeholders, including State agencies, the Project controls group, Owner’s Engineer, A/Es, and Subcontractors during the development, completion, and implementation of Construction Documents.

CMR will work collaboratively to coordinate with Owner-provided Project controls group, construction and materials testing firm, test and balancing, and commissioning groups.

CMR Services will be from pre-design through construction close-out, as described in Exhibit B, Draft Construction Manager-at-Risk Contract.

CMR Services shall be comprehensive in nature and will include but not be limited to:

preconstruction services; estimation services, participating in constructability reviews;

managing complex critical path schedules and bidding multiple packages as necessary to execute the Project scope. The number of bid packages and GMP amendments will be determined by HHSC in cooperation with the A/E and CMR.

The CMR will be required to attend and participate in meetings with the A/E, HHSC, Owner’s other Subcontractors and agency stakeholders as well as coordination meetings with city departments as required. The Project will require presentations to different organizations and ongoing communication to the public and stakeholders.

The CMR will be tasked with developing the Project implementation plan in coordination with HHSC, the A/E consultant and the Project control group.

2.2.3 Phase Two

In accordance with the approved schedule and GMP, Contractor shall facilitate bidding and selection of subcontractors in compliance with HUB requirements and provide and/or secure and install all materials, FFE, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other Contract Documents that will be prepared by the A/E and HHSC.

2.2.4 Cost of Work

Respondents should consider the “Cost of Work” to be $85,000,000.00. The Cost of Work should be considered as the basis for the construction budget, or Guaranteed Maximum Price (GMP), but it does not include any pre-construction management fees, construction management fees, and construction general conditions.

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2.3 PROJECT ASSUMPTIONS

2.3.1 Americans with Disabilities Act

All new construction and any improvements shall comply with the latest Americans with Disabilities Act (ADA) Title II accessibility guidelines and will require review and approval from the Texas Department of Licensing and Regulation (TDLR).

2.3.2 Building Codes

All improvements and new construction shall comply with applicable building codes and inspection requirements.

2.3.3 CMR Services

The CMR has overall responsibility for and shall provide complete Pre-Construction Phase and Construction Phase Services for the Project, which shall include all Services and deliverables identified and described in Exhibit B, Draft Construction Manager-at-Risk Contract. It is the responsibility of each Respondent to carefully review Exhibit B and all attachments thereto. Please note that the draft Contract is subject to change and is only a preliminary draft.

Services to be provided by the CMR shall include, but are not limited to investigating site conditions, pre-construction estimating, constructability reviews, cost estimating, development of a GMP, advisory assistance in the development of final Construction Documents, bidding services, and construction of the Project deliverables for both phases of the Project.

2.4 CONTRACT AWARD AND TERM

2.4.1 Contract Award and Reservation of Rights

As a result of this Solicitation, HHSC intends to award one Contract for Project 24-205- LBH, 2-Step CMR for 50-Bed Maximum Security Facility in Lubbock, Texas. Any award is contingent upon approval of the HHSC executive commissioner or their designee.

If, for any reason, a Contract cannot be executed with a Respondent selected for award within 90 Days of HHSC’s determination to seek to contract with that Respondent, HHSC may avail itself of any option permissible under applicable law including, but not limited to, negotiate a Contract with the next highest scoring Respondent, make a partial award, or withdraw the Solicitation. See also, Article 5 (Solicitation Response Evaluation and Award Process).

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The Respondent selected by HHSC for an award will be expected to negotiate in good faith with HHSC upon a final Construction Manager-at-Risk Contract, based upon the draft version attached hereto and incorporated by reference as Exhibit B, Draft Construction Manager-at-Risk Contract.

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

2.4.2 Contract Term

The Contract will start on the Effective Date and will terminate upon completion of the Project as described in Article 12 of Attachment H, Texas Uniform General Conditions for Construction Contracts with HHSC Supplementary General Conditions, Version 2.2, of Exhibit B to the Solicitation.

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

2.5 UNFORESEEN CONDITIONS

Unforeseen Conditions discovered during the Project that affect the negotiated Project cost or duration shall be addressed by HHSC in the form of an interim change authorization. Final costs and duration for remediation of the Unforeseen Conditions shall be negotiated and formalized by way of Amendment to the Contract.

2.6 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

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

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ARTICLE 3. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date on the ESBD See Date of Release on Page 1 of the Solicitation

Mandatory Pre-submittal Webinar #1 Tuesday, February 6, 2024 at 10:00 a.m. Central Time

Mandatory Pre-submittal Webinar #2 Wednesday, February 7, 2024 at 10:00 a.m. Central Time

Deadline for Courtesy HSP Review Monday, February 12, 2024 at 12:00 p.m. Central Time

Deadline for Submitting Respondent Questions Monday, February 12, 2024 by 12:00 p.m. Central Time

Tentative Date Responses to Questions Posted on the ESBD

Friday, February 16, 2024

Deadline for Submission of Step One Submittal and HSP.

NOTE: Responses must be RECEIVED by HHSC by the deadline.

Wednesday, February 28, 2024 by 10:30 a.m. Central Time

Public Opening for Step One

Webinar link is:

https://attendee.gotowebinar.com/register/5753317 074080499550

Wednesday, March 06, 2024 at 9:00 a.m. Central Time

Notification of Short List Selection Wednesday, April 03, 2024 https://attendee.gotowebinar.com/register/5753317074080499550 https://attendee.gotowebinar.com/register/5753317074080499550

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Deadline for Submission of Step Two Proposal (for the five or fewer Respondents chosen from Step One)

Thursday, April 18, 2024 by 10:30 a.m. Central Time

Public Opening for Step Two

Webinar link is:

https://attendee.gotowebinar.com/register/5903674 189708778837

Tuesday, April 23, 2024 at 9:00 a.m. Central Time

Notification of Interview Selection Wednesday April 24, 2024

Respondent Interviews Friday May 03, 2024

Anticipated Notice of Intent to Award Wednesday, May 29, 2024

Anticipated Notice of Award Wednesday, June 5, 2024

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

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

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

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

https://attendee.gotowebinar.com/register/5903674189708778837 https://attendee.gotowebinar.com/register/5903674189708778837 https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=15&ch=391&rl=305 https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=15&ch=391&rl=305 https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf

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3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

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

Respondent submits a Solicitation Response at its own risk.

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

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

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

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

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

Point of Contact for HHSC:

Name: Will Andres, CTCD, CTCM Title: Purchaser Address: 1100 West 49th Street, Mail Code 2020, Austin, TX 78756 Email Address: will.andres@hhs.texas.gov Phone: 512-776-2899

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3.3.2 Exceptions to Sole Point of Contact

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

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

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

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

3.3.3 Prohibited Communication

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

3.3.4 Solicitation Questions

Written questions regarding this Solicitation must be submitted by email to the individual specified in Section 3.3.1 (Sole Point of Contact) by the deadline specified in Section

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

mailto:Bob.McCurdy@hhs.texas.gov

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

1. Solicitation number;

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

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

4. Question.

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

1. Business entity name;

2. Business entity representative name;

3. Phone number; and

4. Email address.

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

ESBD.

3.4 PRE-SUBMITTAL CONFERENCES

3.4.1 Attendance

HHSC PCS will conduct pre-submittal conference webinars. Attendance at one of the webinars is mandatory. Respondent’s failure to attend one of the pre-submittal conferences will result in the disqualification of its step one Submittal.

The webinar logs and sign in sheets received from attendees will be used by HHSC PCS to confirm the attendance of a Respondent submitting a step one Submittal.

3.4.2 Mandatory Pre-submittal Conference Webinar Logistical Information

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HHSC PCS will hold the pre-submittal conferences by webinar on the date and time specified in Section 3.1 (Schedule of Events). People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the individual identified in Section 3.3.1 (Sole Point of Contact) at least seventy-two (72) hours before the pre-submittal conference in order to have reasonable accommodations made by

HHSC.

a. Mandatory Pre-submittal Webinar no. 1:

Tuesday, February 06, 2024 at 10:00 a.m. Central Time

Please register for the webinar at:

https://attendee.gotowebinar.com/register/1502876700485665115 https://attendee.gotowebinar.com/register/8244030869717692506

b. Mandatory Pre-submittal Webinar no. 2:

Wednesday, February 07, 2024 at 10:00 a.m. Central Time

Please register for the webinar at:

https://attendee.gotowebinar.com/register/8487800293351336029

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

3.4.3 Questions During Pre-submittal Conference

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

Only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official response that is a binding amendment to the Solicitation.

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

3.5 STEP ONE SUBMITTAL COMPOSITION

3.5.1 General Information

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

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

https://attendee.gotowebinar.com/register/8244030869717692506 https://attendee.gotowebinar.com/register/8487800293351336029

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3.5.2 Supporting Documentation

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

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

The Statement of Qualifications must not include other documents embedded as electronic files within the text and must not include hypertext links. The Statement of Qualifications, including supporting documentation, submitted as an electronic file should be pre-formatted for printing on 8 ½" x 11" paper.

3.5.3 Discrepancies

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

3.5.4 Exceptions

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

A Solicitation Response that is not responsive to the Solicitation requirements may result in disqualification. If a Respondent includes any exception(s) in its Solicitation Response, Respondent must specifically and clearly identify each exception on the Exceptions and

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Assumptions Form, Exhibit C and provide all information requested on the form. Any exception that is not submitted on the form and in the format prescribed by the Exceptions and Assumptions Form, Exhibit C may be rejected without consideration.

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

3.5.5 Assumptions

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

3.5.6 Binding Offer

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

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

3.6 STEP ONE SUBMITTAL SUBMISSION AND DELIVERY

3.6.1 Deadline

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

3.6.2 Delivery – General Instructions

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

3.6.3 Submittal – Component Parts

Respondent shall submit its Submittal in component parts as described below:

a. One file/folder named “Original” that contains the Respondent’s entire Submittal (except the HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

b. In accordance with Section 4.1 (HUB Subcontracting Plan), one file/folder named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

c. If applicable, one file/folder named “Public Information Act Copy” that contains the Respondent’s entire Submittal, including all exhibits and attachments, in searchable PDF prepared in accordance with Section 8.6 (Public Information Act).

3.6.4 Submission Options

Respondent must submit the Submittal using the following submission option. A Submittal submitted by any other method will not be considered.

USB Drive: Respondent must place the Submittal on two USB drives, organized using the component parts file structure set out above. The content on each USB drive must be identical. One USB drive must be labeled “Original” The second USB drive must be labeled “Copy.”

Respondent must deliver the Submittal by one of the methods specified below.

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission ATTN: Response Coordinator

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

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement & Contracting Services Building 1100 W. 49th St., MC 2020

Austin, Texas 78756

A Submittal delivered by mail or hand delivery must be placed in a sealed package. It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage

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

SOLICITATION NO: [Respondent to include Solicitation Number from Page 1 of this Solicitation.]

SOLICITATION NAME [Respondent to include Solicitation Name from Page 1 of this Solicitation.]

SUBMITTAL DEADLINE [Respondent to include Date and Time from Section 3.1 (Schedule of Events).]

PURCHASER NAME: [Respondent to include purchaser name from Section 3.3.1 (Sole Point of Contact).]

RESPONDENT NAME: [Respondent to include its name.]

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

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

5189 Grover Ave.

Austin, TX 78756

The above residential address corresponds to ⑤ on the map.

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

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

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

Proceed to parking lot 8 (east side of this Building) and walk to the “East Entrance.”

3.6.5 Modifications and Withdrawals of Submittal

Prior to the Submittal deadline specified in Section 3.1 (Schedule of Events), Respondent may either (i) withdraw its Submittal by submitting a written request to the individual identified in Section 3.3.1 (Sole Point of Contact), or (ii) modify its Submittal by submitting a written amendment delivered to PCS as specified in Section 3.6.4 (Submission Options). When modifying its Submittal, Respondent must provide written notice signed by an authorized representative that specifically identifies the portion(s) of the Submittal that will be replaced or removed by the amendment and meet all required deadlines as set out in the Schedule of Events (Section 3.1).

3.6.6 Retention of Solicitation Responses

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

3.7 INFORMALITIES

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

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3.7.1 Formatting and Page Size

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

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

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

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

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

ARTICLE 4. HISTORICALLY UNDERUTILIZED BUSINESS

PARTICIPATION

4.1 HUB SUBCONTRACTING PLAN

HHSC has determined that subcontracting opportunities are probable in connection with this Solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as part of the Submittal. Please see Exhibit E - Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements for more information. Responses received without a properly completed HSP will be disqualified.

As mandated by Title 34 of the Texas Administrative Code (TAC) Part 1, Chapter 20, Subchapter D, Division 1, Rule §20.285, Respondents must submit an HSP that identifies all subcontracting items and complies with the good faith effort requirements of the HSP, and in accordance with Title 34 of the TAC Part 1, Chapter 20, Subchapter D, Division 1, Rule §20.285(d).

The HSP submitted with the Submittal is only for the Phase One Pre-Construction scope of work. The awarded CMR shall be required to submit a revised HSP prior to each GMP construction package release in accordance with Title 34 of the TAC Part 1, Chapter 20, Subchapter D, Division 1, Rule §20.285(d).

The HSP shall become a…