ESBD_File_349380_Final Version - RFQ 1388-SJ - Pre-Positioned Engineering Services 2.2.24 -1.pdf

Texas General Land Office -i- RFQ No. 1388-SJ

TEXAS GENERAL LAND OFFICE

is

REQUESTING QUALIFICATIONS

for

Pre-Positioned Engineering Services for

Disaster Recovery and Mitigation

REQUEST FOR QUALIFICATIONS NO. 1388-SJ

Class 925 / Item 36, 44, 50

Release Date: February 6, 2024

Deadline for Submission: March 6, 2024 at 2:00 PM CT

Solicitation Point of Contact: Stefanie Jackson, CTCD, CTCM Stefanie.Jackson@GLO.Texas.Gov

Respondent is responsible for checking the Electronic State Business Daily (ESBD) website, https://www.txsmartbuy.com/esbd, for any Addenda to this Solicitation. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Respondent’s failure to periodically check the ESBD will in no way release Respondent from additional requirements of the Solicitation posted in Addenda or other published information.

mailto:Stefanie.Jackson@GLO.Texas.Gov https://www.txsmartbuy.com/esbd

Texas General Land Office -ii- RFQ No. 1388-SJ

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 Executive Summary

1.2 Definitions

1.3 Authority

ARTICLE II. SCOPE OF WORK

2.1 Scope of Services Requested

2.2 Contract and Term

2.3 No Guarantee Of Volume or Usage

2.4 Work Order Authorization

2.5 Audit

2.6 Collusion

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.3 Solicitation Response Composition

3.4 Solicitation Response Submission and Delivery

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 Evaluation Criteria

4.2 Multiple Awards

4.3 Verification of Minimum Qualifications

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 Respondent Information

5.2 Major Subcontractor Information

5.3 Litigation History

5.4 Historically Underutilized Business (HUB)

5.5 Conflicts

5.6 Financial Capability

5.7 References

ARTICLE VI. TERMS, CONDITIONS AND EXCEPTIONS

6.1 General Conditions

6.2 Insurance

6.3 Protest

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6.4 Contract Terms and Solicitation Acceptance

6.5 Vendor Performance Reporting

6.6 Certificate of Interested Parties

6.7 Statements or Entries

ARTICLE VII. SUBMISSION CHECKLIST

EXHIBIT A. GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE .... A-1

EXHIBIT B. FEDERAL AFFIRMATIONS .......................................................................... B-1

EXHIBIT C. SAMPLE CONTRACT ..................................................................................... C-1

EXHIBIT D. SAMPLE WORK ORDER ............................................................................... D-1

EXHIBIT E: HUB SUBCONTRACTING PLAN .................................................................. E-1

Texas General Land Office -1- RFQ No. 1388-SJ

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) is requesting Statements of Qualifications (“SOQs”) from highly qualified engineering service providers that will assist the GLO and the State of Texas to construct, repair, or rebuild property or infrastructure in support of Community Development Block Grants for Disaster Recovery (CDBG-DR) and/ or Mitigation (CDBG-MIT), or related allocations. The selected Provider may oversee or directly provide immediate engineering support.

Required services are described in detail in Article II of this Solicitation, Scope of Services, and shall be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations which include, but are not limited to, the Code of Federal Regulations (C.F.R.), U.S. Department of Housing and Urban Development (“HUD”) requirements, and CDBG-DR and CDBG-MIT rules and regulations.

Respondents must execute Exhibit A, General Affirmations and Solicitation Acceptance, and Exhibit B, Federal Affirmations, and complete other documentation listed on the Submission Checklist in Article VII of this RFQ to be considered. Additional information about the GLO and its programs can be found at http://www.glo.texas.gov/ recovery/index.html.

1.2 DEFINITIONS

“ADA” means the Americans with Disabilities Act of 1990.

“Addendum” means a written clarification or revision to the Request for Qualifications issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, is in control of, is controlled by, or is under common control with, Respondent. Respondent shall be deemed to control another entity if either possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other entity, whether through the ownership of voting securities, membership interests, by contract, or otherwise.

“As Built Plans” or “Record Drawings” means a revised drawing created and submitted by an engineer after a construction project is finished.

“Benefit Cost Analysis” or “BCA” means a FEMA-approved methodology that demonstrates the cost-effectiveness of a hazard mitigation project by determining the future risk reduction benefits and comparing those benefits to the costs of the project.

http://www.glo.texas.gov/recovery/index.html http://www.glo.texas.gov/recovery/index.html

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"CDBG-DR" means the Community Development Block Grant - Disaster Recovery Program, authorized under Title I of the Housing and Community Development Act of 1974, as amended.

"CDBG-MIT" means the Community Development Block Grant - Mitigation program, authorized under Title I of the Housing and Community Development Act of 1974, as amended.

“C.F.R.” means the Code of Federal Regulations, the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

“CMBL” means the Centralized Master Bidders List.

“DDS” means Decent, Safe, and Sanitary.

• HUD Housing Quality Standards (HQS): Multi-Family New Construction & Rehabilitation;

• IRC 2012 Standards, as applicable;

• IBC 2012 Standards, as applicable;

"Deliverable" means a unit or increment of work to include any item, task, report, data, document, photograph, drawing, process, computer program or code, or other submission required to be delivered or completed under a contract or Work Order issued under the

RFQ.

“Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause. To qualify for services under this RFQ, an event must be declared a “major disaster” by the President of the United States, pursuant to Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et seq.), or give rise to a declaration of a “state of disaster” by the Governor of the State of Texas, pursuant to Tex. Gov’t. Code § 418.014.

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

“GLO” means the Texas General Land Office and its officers, employees, and designees, acting in their official capacities.

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

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“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §2161.252 and 34 Texas Administrative Code §20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a good faith effort to subcontract with HUBs. The HSP is posted to the ESBD as a separate file accompanying this Solicitation and must be included with the Solicitation Response.

“HUD” U.S. Department of Housing and Urban Development.

“IBC” means the International Building Code, a model building code developed by the International Code Council.

“IRC” means the International Residential Code, a comprehensive code comprising all building, plumbing, mechanical, fuel gas and electrical requirements for housing units.

“LLC” means Limited Liability Corporation.

“LLP” means Limited Liability Partnership.

“PE” means Professional Engineer.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“PII” Personal Identifiable Information

“Project” means the work described in Article II of this Solicitation and further detailed in Work Orders issued to selected Provider(s) under any contracts awarded pursuant to this

RFQ.

“Project Manager” or “PM” means the authorized GLO representative responsible for the day-to-day management of the Project and the direction of GLO staff and independent contractors performing work relating thereto.

“Provider” means the Respondent(s) awarded a contract under this Solicitation.

“Respondent” means an entity responding to this Solicitation.

“RFQ” means Request for Qualifications

“Solicitation” means this RFQ No. 1388-SJ.

“Solicitation Response” means a Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

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“SOQ” means Statement of Qualifications.

“SPI” means Sensitive Personal Information.

“State” means the State of Texas, any state agency, and officers, employees, or authorized agents of the State of Texas.

“Subrecipient” means a local governmental body or political subdivision that receives a grant subaward through the GLO as the pass-through funding agency.

“TAC” means the Texas Administrative Code.

“TIGR” Texas Integrated Grant Reporting System

“UGLG” Unit of General Local Government

“U.S.C.” means the United States Code, the official compilation and codification of the general and permanent federal statutes of the United States.

“Work Order” means specific, written authorization issued to a Provider under a contract awarded pursuant to this RFQ to perform the task(s) listed therein.

1.3 AUTHORITY

The GLO is soliciting the services listed herein under Chapter 2254 of the Texas Government Code, in conjunction with 2 C.F.R. Part 200.317.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

2.1.1 Project Overview

At the discretion of the GLO and upon issuance of one or more Work Orders, the selected Provider(s) will perform, or cause to be performed, comprehensive engineering services to support the GLO in its duties to construct, repair, or rebuild property or infrastructure in support of the GLO’s administration of long-term disaster recovery and mitigation missions in Texas to be funded though Community Development Block Grants for Disaster Recovery (CDBG-DR), and/or Mitigation (CDBG-MIT), or related allocations. Selected Providers will be required to implement these services in compliance with all applicable federal, state, and local laws, ordinances and regulations which include, but are not limited to, the C.F.R., HUD requirements, and any specific requirements properly imposed by the GLO. Services will be more specifically issued in Work Orders.

Respondent must demonstrate the ability to perform or cause to be performed all of the services listed herein to be considered eligible for award under this Solicitation.

Respondent should provide a detailed narrative of its experience in its SOQ as relates to each of the services and clearly indicate if it intends to provide these services in house with existing staff or through subcontracting or partnership arrangements.

Provider shall deliver the engineering services to areas of the State declared by the governor or President of the United States under law to be disaster areas. To limit travel expense, the GLO requests that Respondents have the capability to staff field offices located in the areas impacted by Disasters, with some staff located in the Austin, Texas area. The GLO may require a selected Provider’s Austin staff members to embed at GLO or federal funding agency offices. Some travel to Austin, Texas, may be required for field staff. Expenses for travel outside the State of Texas will not be reimbursed and such expenses may not be included in hourly rates or other fees. Provider is required to have the ability to quickly mobilize staff in the event of a Disaster. Mandatory weekly meetings may require some senior staff to participate by conference call if they are located outside of the Austin area.

Any of Provider’s staff embedded in GLO offices will participate in a GLO orientation session and shall be subject to a state and federal background check.

2.1.2 Description of Services

At the GLO’s discretion, Provider shall perform, at a minimum, the following engineering service duties:

a) Develop or enhance written standard operating procedures (SOPs) regarding engineering services to be performed by Provider and submit such procedures to the GLO for approval;

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b) Provide written guidance on standardizing supporting documentation or construction deliverables for other engineering providers or engineering components submitted to the GLO;

c) Develop and implement a risk management matrix to classify projects by low, medium, and high levels of risk to assist in estimating the level of focus, effort, and assistance that will be required for each project;

d) Provide comprehensive engineering planning;

e) Provide or review engineering drawings, to include Record Drawings or As Built Plans;

f) Provide hydrology and hydraulic assessments and reviews;

g) Provide design reviews and guidance for engineering components produced by other engineering providers;

h) Provide individual infrastructure project plan review and guidance and recommendations for all engineering considerations;

i) Provide engineering services related to single or multi-family housing;

j) Conduct all necessary utility coordination, if required;

k) Provide right-of-way coordination and support;

l) Provide Project and program status reports;

m) Conduct meetings, and provide meeting minutes and trip reports, if required;

n) Provide trainings, technical assistance, and guidance related to CDBG/HUD requirements, regulations, policies, procedures, and processes to Subrecipients, GLO’s staff, and any applicable service providers;

o) Standardize contract deliverables for other engineering providers or engineering components, if required; and

p) Assist the GLO in any other reasonable activity associated with engineering services that may arise during the course of work.

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2.2 CONTRACT AND TERM

The GLO intends to award one or more indefinite delivery/indefinite quantity (IDIQ) contracts for the services requested under this Solicitation. Any IDIQ contract resulting from this Solicitation shall have an initial four (4) year term. The GLO, at its own discretion, may extend the contract term for a Provider, from time to time, for a total extension period not to exceed the expiration date of the latest expiring funding source applicable to any Work Orders issued to Provider during the initial four-year contract term.

A sample contract is included with this Solicitation as Exhibit C. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.3 NO GUARANTEE OF VOLUME OR USAGE

The GLO makes no guarantee of volume or usage under any contract resulting from this Solicitation.

2.4 WORK ORDER AUTHORIZATION

Upon the issuance of a presidential or gubernatorial disaster declaration during the initial four (4) year terms of any contracts issuing under this Solicitation, the GLO may identify from time to time specific Work within the scope of the contracts to be performed. The GLO may either: 1) issue a Work Order directly to a Provider from the pool of qualified vendors solicited under this Solicitation to perform the identified services, as allowed by state law; or 2) may present a competitive Request For Work Order Proposals (“RFWOP”) to all Providers qualified under this RFQ for the relevant service category or categories, select the proposal that represents the best value to the State, and issue a Work Order to that Provider. The GLO may reject all proposals if none are found to be acceptable and may request additional proposals from other Providers. No Work Orders shall issue to Providers outside of the initial four (4) year contract term.

Total compensation under any Work Order awarded under a RFWOP will depend on the availability of funds as determined by a federal funding agency or the State of Texas.

Consumer Price Index Adjustments: Prices included in a Work Order budget at the time of execution shall be utilized for the first four (4) years of the Work Order term. At the end of that period, and at the end of each 24-month period thereafter, the GLO, at its sole discretion and upon submission of a written request by Provider, may amend the Work Order to allow for unit price adjustments in order to accommodate Provider’s increased costs due to market forces, if any. The GLO may permit unit price adjustments in correlation with the Consumer Price Index for all Urban Consumers (CPI-U): U.S. City Average, as published by the U.S. Bureau of Labor Statistics at www.bls.gov, or other similar published pricing index, but in no case will a unit price increase exceed 5% of the http://www.bls.gov/

Texas General Land Office -8- RFQ No. 1388-SJ then-current unit price amount. Every twenty-four (24) months following a price increase, the GLO will compare the index at the time of the increase to the index announced for the 24th month following the date of the increase and will adjust unit prices according to the percent change of any decrease, but in no event shall unit prices be decreased below the unit prices utilized for the first four (4) years of the Work Order Performance Period.

A sample Work Order is included with this Solicitation as Exhibit D. All Work Orders shall be in writing, signed by both Provider and the GLO, and shall include a scope of services, a list of tasks to be performed by Provider, a time schedule, a list of Deliverables if any, and such other information or special conditions as may be necessary for the work requested.

2.5 AUDIT

Provider must maintain accurate accounting records and other evidence pertaining to costs incurred while providing services. Such records and evidence must be made available to the GLO, state and federal auditors at all times during the contract period and for three

(3) years after the date of grant closeout for any particular allocation.

2.6 COLLUSION

A Respondent and its officers, partners, owners, agents, representatives, or employees shall not in any way collude, conspire, connive, or agree, directly or indirectly, with any other Respondent, firm, or person to submit a collusive Solicitation Response in response to this Solicitation. A Respondent shall not, directly, or indirectly, seek by agreement or collusion with any other Respondent, firm, or person to fix the price related to this Solicitation or to secure any advantage in the award of a contract resulting from this Solicitation.

Texas General Land Office -9- RFQ No. 1388-SJ

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation February 6, 2024

Deadline for Submitting Questions February 13, 2024

5:00 PM CT

Anticipated Release Date of GLO’s Responses to Questions February 20, 2024

Deadline for Submission of Solicitation Responses March 6, 2024 at

2:00 PM CT

Evaluation Period March 6, 2024 to March 29, 2024

Selection and Award Notice April 8, 2024

Contract Formation, Negotiation, and Execution April 15, 2024 to May 1, 2024

Deadline for Insurance Prior to commencing work

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

https://www.txsmartbuy.com/esbd. Please search under Agency Code 305. Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation shall be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name Stefanie Jackson, CTCD, CTCM Address 1700 N. Congress Ave., Austin, Texas 78701 Phone 800-998-4456 or 512-463-5347

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Email Stefanie.Jackson@GLO.Texas.Gov

Notwithstanding the above, Respondents may direct questions about the State’s Historically Underutilized Businesses (HUB) Program or HUB Subcontracting Plans (HSPs) to the GLO HUB Team contacts listed in Section 5.4 of this Solicitation.

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted.

a) Identifying Solicitation number

b) Section number

c) Paragraph number

d) Page number

e) Text of passage being questioned

f) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: https://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Stefanie.Jackson@GLO.Texas.Gov

Texas General Land Office -11- RFQ No. 1388-SJ

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box.com™ URL in Section 3.4.3:

a) One SOQ, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled “RFQ No. 1388-SJ (Respondent name)_Part 1”;

b) One HUB subcontracting plan, submitted as one .pdf file titled “RFQ No.

1388-SJ (Respondent name)_Part 2”;

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Solicitation Response not specifically referred to in this RFQ will not be considered and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 25 pages in length. Exhibit A, General Affirmations and Solicitation Acceptance; Exhibit B, Federal Affirmations; signed acknowledgments of Addenda; résumés; tables of contents; annual report; HUB Subcontracting Plan; cover letter; cover page; title page; and divider pages are considered supporting documentation and are not included in the 25-page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than the date specified in Section 3.1. Respondents may submit their

Texas General Land Office -12- RFQ No. 1388-SJ

Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

Upon written request by Respondent received by the GLO prior to the Solicitation Response submission deadline, the GLO Procurement Officer will provide a screenshot of the list of files uploaded by Respondent into the Box™ folder that includes the file names and sizes. Note: In accordance with state procurement law, the Procurement Officer is forbidden from opening uploaded files to confirm content.

3.4.2 Labeling

Each file uploaded to Box™ shall be labeled as specified in Section 3.3.1 above.

3.4.3 Delivery

Respondents must upload Solicitation Responses to the following Box™ URL:

Upload Here!

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in Section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by e-mailing the point-of-contact listed in Section 3.2.1 above, provided such notice of modification, alteration, or withdrawal is received prior to the deadline for submission of Solicitation Responses.

https://txglo.app.box.com/f/05a94107b24b4b8f90d0bad08729b7eb

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapter 2254 of the Texas Government Code, and other applicable Texas laws and regulations. The GLO shall make an award to a Respondent based on demonstrated competence and qualifications to perform the services. Solicitation Responses must not include any information regarding Respondent’s fees, pricing, or other compensation; the GLO and Provider shall negotiate a fair and reasonable price for the services.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, upon a unanimous decision of the selected evaluation committee, Solicitation Responses that are determined to be unrealistic in terms of technical commitment, show a lack of technical competence, or indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondents shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this section.

This summary can specifically state how Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have a minimum of ten (10) years of experience in providing engineering services.

4.1.2.2 Key staff of Provider must be licensed PEs;

4.1.2.3 Respondent must be a registered entity with SAM.gov (System for Award Management) with an active Unique Entity Identifier (UEID) or the ability to obtain a UEID prior to contract execution; and

4.1.2.4 Respondent must, in the GLO’s sole determination through the process described in Section 5.6, be financially solvent and adequately capitalized.

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4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Demonstrated ability to provide the required services enumerated in

Article II, Scope of Work (40%);

4.1.3.2 Demonstrated Experience, qualifications, and past performance of Respondent and proposed staff (50%); and

4.1.3.3 Overall responsiveness, clarity, and organization of Solicitation

Response (10%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.2 MULTIPLE AWARDS

It is the intent of the GLO to award multiple contracts under this Solicitation. Award notice(s) will be sent to the selected Respondent(s). Neither the GLO’s issuance nor Respondent’s receipt or acceptance of an award notice forms a contract between the GLO and a selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval from the Chief Clerk of the GLO. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached.

4.3 VERIFICATION OF MINIMUM QUALIFICATIONS

The GLO will confirm that each Provider continues to satisfy the minimum qualifications described in Section 4.1.2 of this RFQ throughout the term of any contract awarded. Any Provider who no longer satisfies the required minimum qualifications may be removed from the Provider pool at the sole discretion of the GLO.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

In addition to the summary of minimum qualifications required under Section 4.1.2 of this RFQ, Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile that identifies the following:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly-owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e. parent company, Affiliate, Joint Venture, subcontractor) will be performing them;

b) The year the company was founded and/or legally organized. If the company was organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under whose laws the company is organized, and the date of organization;

c) The location of Respondent’s company headquarters and any field office(s), including subcontractors, that may provide services for any resulting contract under this Solicitation;

d) The number of employees, excluding subcontractors, in Respondent’s company, both locally and nationally, and the location(s) from which employees may be assigned;

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e) The name, title, mailing address, e-mail address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation; and

f) Answer to whether Respondent’s company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for key staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of the Respondent may also qualify as subcontractors.

Respondents must evaluate their Key Staffing Profiles and HUB Subcontracting Plans accordingly.

5.2 MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the work. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor Respondent intends to utilize in performance of the work must also be included in Respondent’s HUB Subcontracting Plan. If a major subcontractor will

Texas General Land Office -17- RFQ No. 1388-SJ not be utilized, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.3 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years to which Respondent is/was a party or in which Respondent has been judged guilty or liable. For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify Respondent. A Solicitation Response may be rejected based upon Respondent’s prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history as described above, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.4 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

5.4.1 Introduction

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic, and gender-neutral means.

Pursuant to Texas Government Code §2161.181 and §2161.182 and the GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

The State of Texas HUB Subcontracting Plan form is included with this Solicitation as Exhibit E. A Solicitation Response that does not contain a HUB Subcontracting Plan (HSP) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the HSP was not developed in good faith.

Please refer to the cover letter included with Exhibit E for specific instructions for locating potential HUB subcontractors utilizing the state’s CMBL.

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5.4.2 GLO HUB Team Contacts

Respondents may request courtesy reviews of HSPs and direct questions about HSPs or the HUB program to the HUB outreach staff listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Stella Roland Stella.Roland@GLO.Texas.Gov 512.662-6899

Vonda White Vonda.White@GLO.Texas.Gov 512.947-6441

5.4.3 Post-award HSP Requirements

The GLO shall review and evaluate each HSP prior to contract award and, if accepted, the finalized HSP shall become part of each selected Provider’s contract.

After contract award, the GLO will coordinate post-award meetings with the selected Providers to discuss HSP reporting requirements. The selected Providers must maintain business records documenting compliance with their HSPs and must submit monthly subcontracting reports to the GLO by completing the HUB Prime Contractor Progress Assessment Report. This monthly report is required as a condition for payment to report to the GLO the identity of and the amount paid to all subcontractors. HUB Progress Assessment Reports will be sent to:

hub@glo.texas.gov.

As a condition of award, a selected Provider is required to send a notification to all selected subcontractors identified in the accepted/approved HSP. A copy of the notification must be provided to the HUB Program Office at hub@glo.texas.gov within ten (10) days of the contract award.

Provider shall obtain prior written approval from the GLO before making any changes to the HSP. Proposed changes must comply with the HUB Program good-faith effort requirements relating to the development and submission of a HSP. The requirements for an HSP change request will be covered in the post-award meeting.

Failure to meet the HSP post-award requirements will constitute a breach of contract and will be subject to remedial actions. The GLO may also report noncompliance to the CPA in accordance with the provisions of the Vendor Performance and Debarment Program (see 34 TAC §20.585 relating to Debarment and 34 TAC §20.586 relating to Procedures for Investigations and Debarment).

mailto:Stella.Roland@GLO.Texas.Gov mailto:Vonda.White@GLO.Texas.Gov mailto:hub@glo.texas.gov mailto:hub@glo.texas.gov

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5.4.4 Compliance with Federal Requirements

Provider’s compliance with this section addresses the GLO’s requirement to promote “contracting with small and minority businesses, women's business enterprises, and labor surplus area firms” under 2 C.F.R. § 200.321.

5.5 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.6 FINANCIAL CAPABILITY

5.6.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee's demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee's acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

• Annual Reports, as described in Section 5.6.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity's accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio • Debt to Equity ratio

• Quick ratio • Capitalization ratio

• Cash ratio • Debt ratio

• Solvency ratio • Operating Profit Margin

• EBIT/Tangible Net Assets • Return on Assets

• Inventory Turnover ratio • Return on Equity

• Days Sales of Inventory • Receivables Turnover ratio

• Altman Z-score • Average Collection Period

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A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO's sole discretion through GLO's financial capability review and affirmed by the GLO's Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

5.6.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit an annual report that includes:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect the potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit an annual report that includes:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect the potential awardee's financial ability to perform the awarded contract;

OR

4) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

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As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee. The GLO, at its discretion, may accept a Dun & Bradstreet Business Credit Report from a smaller potential awardee.

A potential awardee must provide a completed Financial Statement Components Worksheet and balance sheet, income statement, and statement of cash flows for the potential awardee only as a stand-alone entity; parent or related party financials will not be considered. If a potential awardee presents consolidated or combined financial statements including its parent company's or a related party's financials and is unable to provide stand- alone Annual Reports, the GLO may proceed with the financial capability review process; however, all entities for which financial information is presented in the documentation must sign an awarded contract.

If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated. Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties' scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

5.7 REFERENCES

Respondent shall provide a minimum of three (3) non-GLO references for projects of similar type and size performed within the last three years, preferably for state and/or local government entities. The GLO reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the Solicitation Response.

Respondent must verify current contacts. Information provided shall include:

a) Client name;

b) Project description;

c) Total dollar amount of project;

d) Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

e) Client project manager name, telephone number, and e-mail address.

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The GLO checks references by e-mail. Respondents who do not provide accurate e-mail addresses waive the right to have those references considered in the evaluation of their Solicitation Responses.

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ARTICLE VI. TERMS, CONDITIONS AND EXCEPTIONS

6.1 GENERAL CONDITIONS

6.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

6.1.2 Irregularities in Solicitation

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

6.1.3 Informalities and Irregularities in Solicitation Response

The GLO reserves the right to waive minor informalities and irregularities in any Solicitation Response received.

6.1.4 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

6.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored.

6.1.6 Open Records

The GLO is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is

Texas General Land Office -24- RFQ No. 1388-SJ protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the GLO pursuant to this Solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a Portable Document Format (PDF) or any other format agreed between the parties that is accessible by the public at no additional charge to the State of Texas.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

6.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

6.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

6.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this…