ESBD_File_351208_RFQ 809-24-0004 - MEP Consultation Services RFQ.pdf

State Preservation Board

REQUEST FOR QUALIFICATIONS

RFQ No. 809-24-0004

Mechanical, Electrical, and Plumbing (MEP) Consultation Services

NIGP Class-Item Codes:

CLASS-ITEM DESCRIPTION

918-00 918-19 918-31 918-97

Consulting Services Buildings, Structures and Components Consulting Construction Consulting Utilities: Gas, Water, Electric Consulting

925-31 Electrical Engineering 925-36 Engineering Services (Not Otherwise Classified) 925-39 Fire Protection Engineering 925-67 Mechanical Engineering 925-88 Structural Engineering

Solicitation Release Date: Monday, February 19, 2024

Qualifications Due Date: Tuesday, March 12, 2024, by 2:00 P.M. CST

Solicitation Point of Contact Deborah Hujar, Director of Administration

P.O. Box 13286 Austin, Texas 78711 spb.bids@tspb.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/sp, for updates to this solicitation prior to submitting a response. Please search under Agency Code 809 (State Preservation Board). The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the Solicitation.

mailto:Spb.bids@tspb.texas.gov http://www.txsmartbuy.com/sp

SPB RFQ No. 809-24-0004

Table of Contents

SECTION I – GENERAL INFORMATION

1.1 INTRODUCTION

SECTION II – SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES REQUESTED

2.2 CONTRACTOR REQUIREMENTS

2.3 MINIMUM QUALIFICATIONS AND EXPERIENCE

2.4 SUBCONTRACTORS

2.5 CONTRACT TERM

SECTION III - GENERAL INFORMATION

3.1 RFQ REQUIREMENTS

3.2 PROPOSAL SUBMISSION

3.3 CRIMINAL BACKGROUND CHECKS

3.4 PERFORMANCE MEASURES AND SPB RESPONSIBILITIES

3.5 ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

3.6 MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

3.7 INSURANCE AND BOND

3.8 CONTRACT ADMINISTRATION

3.9 SCHEDULE OF EVENTS

3.10 REVISIONS TO SCHEDULE

3.11 RESPONSE PREPARATION COSTS

3.12 TRAVEL EXPENSES

3.13 MEETINGS

3.14 INQUIRIES

3.15 RESPONSE EVALUATION AND AWARD

SECTION IV – GENERAL TERMS AND CONDITIONS

4.1 GENERAL TERMS AND CONDITIONS

SECTION V – EXHIBITS

EXHIBIT A - EXECUTION OF RESPONSE

EXHIBIT B - STATEMENT OF QUALIFICATIONS (SOQ)

EXHIBIT C - HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

SECTION I – GENERAL INFORMATION

1.1 INTRODUCTION

The State Preservation Board (SPB) is soliciting a Request for Qualifications (RFQ) for the selection of a firm or firms to provide Mechanical, Electrical and Plumbing Engineering (MEP) services for planning, design, renovation and new construction of projects varying in size, complexity and scope on for the facilities managed by SPB. These services may be procured on an hourly fee or lump sum basis as needed by SPB. This solicitation sets forth the terms, conditions, and requirements for prospective MEP Contractors to be considered for this work. The Request for Qualifications solicitation method is generally used for professional services where the respondents are evaluated based solely on their qualifications and skills. This solicitation method is more like an application process. Price is negotiated after the agency selects its preferred respondent(s) based on how well the respondents meet the SPBs project needs.

SECTION II – SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES REQUESTED

In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter A, Professional Services, the State Preservation Board (SPB) is soliciting statements of qualifications (“Qualifications”) for the selection of a firm to provide Mechanical, Electrical and Plumbing Engineering (MEP) services for planning, design, renovation and new construction of projects varying in size, complexity and scope on for the facilities managed by SPB. Activities necessary are more fully described in the Attachment A, Scope of Work.

Service may be needed on an hourly fee or lump sum basis as determined by SPB. Expected required services include, but are not limited to, pre-project planning, cost estimating, programming, design, construction document preparation, bidding assistance, and construction phase administration, or any other service that is beneficial in the delivery of facilities. The MEP will render these services to the SPB as needed, with no minimum or maximum amount of services specified. In particular, the MEP must be prepared to assign at least one person with significant project planning and management experience to be available as the point of contact for all efforts. This solicitation sets forth the terms, conditions, and requirements for prospective MEP Contractors to be considered for this work. Prospective MEP Contractors are hereinafter referred to as “Respondents”.

2.2 CONTRACTOR REQUIREMENTS

Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with SPB. No work shall be undertaken by Contractor except with the prior written authorization by SPB. Contractor understands and agrees that work, installation or other services performed without prior written authorization of the SPB is considered work outside the scope of the contract and shall be performed exclusively at Contractor’s risk.

Contractor shall provide service in accordance with requirements specified herein and the resulting contract and adhere to the SPB Terms and Conditions. Contractor shall provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the contract.

Contractor is responsible for all costs incurred in the performance of the contract.

Contractor shall follow relevant industry standard safety rules and conduct the work following all relevant safety protocols as well as jobsite protections.

2.3 MINIMUM QUALIFICATIONS AND EXPERIENCE

Respondent to this RFQ shall meet the following minimum qualifications:

A. Respondent is a reputable company regularly engaged in providing products or services necessary to meet the terms, conditions and requirements of the RFQ.

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

C. Responded has completed no less than three projects for which Respondent has provided MEP services that are most closely related to the services described in this RFQ and completed within the last five years.

D. Shall have available the necessary qualified personnel, skills, qualifications, organization, facilities, equipment and supplies required to fulfill all requirements under this RFQ and any resulting contract.

E. Shall be in good financial standing. SPB reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

The selected Contractor will provide all equipment, labor, coordination and supervisory activities necessary to complete the project as more fully described in the Attachment A, Scope of Work.

2.4 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of the Contractor. No subcontract should relieve the primary Contractor of responsibility for the service. If Contractor uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

A. Respondents planning to subcontract any portion of the work must identify the proposed subcontractors on the Historically Underutilized Businesses (HUB) Subcontracting Plan (HSP).

B. Subcontracting must be at Contractor's expense.

C. SPB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor.

2.5 CONTRACT TERM

The services provided by the Contractor shall begin on a date determined by SPB, no earlier than the date the contract is executed by both parties. The initial term of this contract shall commencing on April 1, 2024.

This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the Professional Services Agreement shall apply.

SECTION III - GENERAL INFORMATION

3.1 RFQ REQUIREMENTS

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Qualifications responding to all questions in Attachment B, Statement of Qualification Requirements and formatted as directed in Attachment B.

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

A. Submittals: Respondent must submit an original copy of the Qualification, including attachments and exhibits, by 2:00 P.M. CST on Tuesday, March 12, 2024 by email or express delivery. Submission Process:

Email to Spb.bids@tspb.texas.gov one complete Portable Document Format (.pdf)

—OR—

Send Via Express or Overnight Delivery State Preservation Board Attn: Purchasing RFQ 809-24-0004 201 E. 14th St., Ste. 950 Austin, TX 78701

SPB Office Hours are Monday to Friday 8:00 a.m. to 5:00 p.m. The Reception Desk is closed for lunch 12 p.m. to 1 p.m. The office is closed on state and national holidays.

When emailing the proposal package, the email subject line must contain the RFQ number and title as indicated in this RFQ. It is recommended that Respondents begin the email process at least 24 hours in advance of the due date/time since most large attachments are quarantined and delayed for security scanning. The State is not responsible for failure of electronic equipment or operator error. SPB takes no responsibility for electronic submittals that are captured, blocked, filtered, quarantined or otherwise prevented from mailto:Spb.bids@tspb.texas.gov reaching the proper destination (email address) by the due date/time by any SPB anti-virus or other security software.

All proposals received via email will be acknowledged. If no confirmation is received, contact the SPB Purchasing Department at 512-463-5495 to confirm receipt of proposal.

B. Contents of Submission: Respondent must submit all information listed below, in the order given, as the response to this RFQ. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFQ will not be considered.

1. Exhibit A: Signed/dated Execution of Response to the Request for Proposals

2. Exhibit B: Statement of Qualifications as outlined in Attachment B, Statement of Qualifications Requirement.

3. Exhibit C: Historically Underutilized Businesses Subcontracting Plan.

3.2 PROPOSAL SUBMISSION

A. All responses must be received at SPB by the deadline in the Schedule of Events. SPB will not accept late submittals.

B. It is Respondent’s responsibility to appropriately submit the proposal to SPB by the specified date and time.

C. Receipt of all addenda to this RFQ, if applicable, should be acknowledged by returning a signed copy of each addendum with the submitted response.

NOTE: Failure to return the required items with the response will result in disqualification of your Response. SPB will not be responsible for locating or securing information that is not included in your Response.

3.3 CRIMINAL BACKGROUND CHECKS

Contractor represents and warrants that Contractor and Contractor’s employees performing services outlined in this solicitation and subsequent contract, have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised SPB as to the facts and circumstances surrounding the conviction.

Contractor’s employees and subcontractors that will complete any services described herein will be subject to a criminal background check before entering the job site.

SPB reserves the right to waive any findings that do not impact the successful completion of the project and/or safety of SPB staff or that of the public. It is SPB’s sole discretion to determine potential impact or risk.

3.4 PERFORMANCE MEASURES AND SPB RESPONSIBILITIES

SPB will designate a Project/Contract Manager upon contract award. SPB will furnish no material, labor, equipment, or facilities unless otherwise specified in the contract.

Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFQ and shall not be relieved due to non-performance of any or all subcontractor. By submitting a proposal, the Respondent commits to providing the goods and services required in the RFQ. The successful Respondent will be required to abide by SPB policies, procedures, standards and guidelines relevant to the execution of this contract.

SPB will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract. If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), SPB may impose remedies if the Contractor or subcontractor fails to meet their responsibilities as outlined in the RFQ and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event SPB deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, SPB may seek or negotiate remedies with the Contractor.

3.5 ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of the contract, and that are not already on the contract, may be added. A formal written request will be sent to the awarded respondent to quote on the proposed additional products/services. Respondent shall submit proposals to SPB as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). SPB may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses.

The products/services covered under this provision shall conform to the specifications as outlined in the request.

3.6 MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

A. The terms and conditions of the Contract shall govern all transactions under the Contract.

B. The Contract may only be modified or amended upon mutual written agreement of SPB and the Contractor.

3.7 INSURANCE AND BOND

A. Contractor may be required to submit current certificates of insurance, bond documentation and or other proof acceptable to the SPB at the time of notification of a potential award and such proof must be received by the SPB prior to execution of any contract. The SPB, in its sole discretion, may request additional evidence of insurance or bonds coverage as deemed necessary.

B. Prior to the commencement of the work, the Contractor shall furnish to SPB, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be emailed to SPB.Bids@tspb.texas.gov.

C. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M. Best, and authorized to provide the corresponding coverage.

D. Contractor shall be responsible for ensuring its subcontractors are in compliance with all applicable insurance and bond requirements.

E. Contractor shall procure and maintain during the entire period of their performance under the contract the following minimum insurance:

Type of Insurance Each Occurrence/Aggregate

Workers Compensation Minimum coverage for employer liability as determined by the Texas Department of Insurance.

Employer's Liability

Bodily Injury by Accident Bodily Injury by Disease

Bodily Injury by Disease

$500,000 Ea. Accident

$500,000 Ea. Employee

$500,000 Policy Limit

Commercial General Liability

General Aggregate Applies Per Project

$1,000,000 Aggregate

$5,000 Medical Expense each person

$50,000 Damage to Premises Rented to You

$1,000,000 Products Completed Operations

$500,000 Personal & Advertising Liability

$500,000 Each Occurrence

Automobile Liability

All Owned, Hired and Non-Owned Vehicles

$500,000 Combined Single Limit

3.8 CONTRACT ADMINISTRATION

SPB will maintain ongoing review and status of Contractor’s progress toward completion of services

A. SPB purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, SPB will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

mailto:SPB.Bids@tspb.texas.gov

• Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

• Managing the financial aspects of the contract including approval of payments.

• Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

• Identifying a breach of contract by assessing the difference between contract performance and non- performance.

• Other areas as identified by the State of Texas Procurement and Contract Management Guide, latest edition.

3.9 SCHEDULE OF EVENTS

The solicitation process for this RFQ will proceed according to the following schedule:

EVENT DATE/TIME

(CENTRAL DAYLIGHT TIME)

Solicitation Release Date Monday, February 19, 2023

Deadline for Submitting Questions Friday, February 23, 2024, by 2:00 p.m. CST

Anticipated Release of Written Answers

Wednesday, February 28, 2024

Deadline for submission of Qualifications

Tuesday, March 12, 2024, by 2:00 p.m. CST

Evaluation Period March 13, 2024 - March 19, 2024

Anticipated Contract Start Date April 1, 2024

These dates represent a tentative schedule of events. SPB reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

3.10 REVISIONS TO SCHEDULE

SPB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondents as an addendum posted on the Electronic State Business Daily.

3.11 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs in the preparation and delivery of the Solicitation Response to SPB.

3.12 TRAVEL EXPENSES

Any travel requirements under a contract resulting from this procurement may include travel throughout the State of Texas. Reimbursement for travel expenses will be in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

3.13 MEETINGS

The Contractor will be asked to attend regular meetings to coordinate full implementation of this project and is expected to attend additional ad hoc meetings as needed to keep the project on schedule. Any meetings or conference calls must be held on regular business days during regular business hours (8 a.m. to 5 p.m.) or at other mutually agreed dates and times.

3.14 INQUIRIES

A. CONTACT: All requests, questions, or other communications about this Solicitation shall be made by email in writing to SPB’s Procurement Department:

Email: SPB.Bids@tspb.texas.gov

RFQ 809-24-0004

B. CLARIFICATIONS: SPB will allow written requests for clarification of this Solicitation.

Questions may be emailed to the contact listed above. Respondents’ names will be removed from questions when the written answers are released. Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

1) Identifying Solicitation number

2) Section number

3) Text being questioned

4) Question

5) Provide company name, address, phone number, email address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is noted in Schedule of Events.

C. RESPONSES: Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at http://www.txsmartbuy.com/esbd.

Respondent names will be removed from questions in the responses released. SPB reserves the right to amend answers prior to the proposal submission deadline. If https://fmx.cpa.texas.gov/fmx/travel/ mailto:SPB.Bids@tspb.texas.gov http://www.txsmartbuy.com/esbd respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the solicitation requirements.

D. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, SPB, its representatives, or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representatives, except for the written inquires. 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 SPB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3.15 RESPONSE EVALUATION AND AWARD

A. SPB is not obligated to accept the lowest priced response but will make an award to a Respondent that provides the “best value” to the State of Texas, as defined by Texas Government Code § 2155.074.

B. SPB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist. A committee will be established by SPB (including SPB employees) to evaluate the proposals.

The evaluation committee will determine best value by applying the following criteria:

Criteria Points Available

Firm Experience and Qualifications 35 points

Project Team Experience and Qualifications 35 points

Experience with Similar Projects 20 points

Ability to meet project schedule 10 points

Total Points Possible 100

C. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary. Award of a Contract may be made without a BAFO. The SPB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposal. A request for a BAFO is at the sole discretion of SPB and will be extended in writing.

D. A Respondent’s performance will be measured by a Grade of A-F in the Texas

Comptroller’s Vendor Performance Tracking System. The selected Contractor will be https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.305.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.305.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.556.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.556.htm evaluated on performance both during and at the conclusion of the Contract, and that information may be considered in the selection of future contracts. Contractor performance information is located on the CPA website at http://www.txsmartbuy.com/vpts.

SPB reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to SPB in performance of this service.

SPB will be the sole judge of best value. An award notice will be sent to the selected Respondent(s).

Any award is contingent upon the successful negotiation of final contract terms and upon approval of the SPB Executive Director. Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, SPB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

SECTION IV – GENERAL TERMS AND CONDITIONS

4.1 GENERAL TERMS AND CONDITIONS

Any Contract awarded based on this RFQ will contain the general terms and conditions provided in this document. Subcontractors must also comply Contractor is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act (PIA), available in a format that is accessible by the public at no additional charge to the state.

4.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and SPB from claims involving infringement of patents or copyrights. SPB will not consider any Proposal that bears a copyright. The Proposal will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secret or other confidential information submitted as part of a proposal must be clearly marked in boldface type at least 14‐point font.

4.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to SPB any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01 et seq.

4.4 HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

It is the policy of SPB to make a good faith effort to achieve the annual program goals by contracting directly with Historically Underutilized Businesses (HUBs) or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, http://www.txsmartbuy.com/vpts https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Subchapter F, and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC Chapter 20.

Any contract(s) awarded as a result of this RFQ must include reporting responsibilities related to Historically Underutilized Business (HUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised HUB Subcontracting Plan (HSP) to SPB. Any change to a subcontractor and revised HSP must be approved in writing by SPB prior to implementation.

HUBs are strongly urged to respond to this RFQ. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. Vendors who meet the qualifications are strongly encouraged to apply for certification as HUBs.

SPB has determined that subcontracting is probable under any Contract awarded as a result of this RFQ. ALL RESPONDENTS TO THIS RFQ, INCLUDING THOSE THAT ARE HUB CERTIFIED

OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB

SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION

OF HUBs. THE HSP MUST BE INCLUDED AS PART OF THE PROPOSAL TO THIS RFQ. FAILURE

TO COMPLETE THE HSP AS INSTRUCTED MAY RESULT IN DISQUALIFICATION OF THE

PROPOSAL FROM CONSIDERATION. Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond. Note that contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to Contractor for more than five years.

If a Contractor does not plan to subcontract, Contractor must state that fact in their plan.

The completed plan will become a part of the Contract awarded as a result of this Solicitation.

4.5 HUB RESOURCES AVAILABLE

A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) website at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at Texas4hubs@cpa.state.tx.us. If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

4.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

A. Antitrust. Respondent represents and warrants that, in accordance with Texas Government Code § 2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly mailto:Texas4hubs@cpa.state.tx.us https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm the contents of its proposal to any competitor or any other person engaged in the same line of business as Respondent.

B. Child Support Obligation. Under Texas Family Code § 231.006, Respondent certifies that the individual or business entity named in its proposal is not ineligible to receive the specified payment and acknowledges that any Contract resulting from this Solicitation may be terminated, and payment may be withheld if this certification is inaccurate.

C. COVID‐19 Vaccine Passport Prohibition. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the goods or services being supplied.

E. Debts and Delinquencies. Respondent agrees that any payments due under the Contract will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

NOTE: The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full‐time people and paid at least in part with public funds. The clause does not apply to a governmental entity that determines the requirements Texas Government Code § 2276.002(b) are inconsistent with its duties related to debt obligations or funds as described in Texas Government Code § 2276.002(c).

F. Energy Company Boycotts. Respondent represents and warrants that: (1) it does not and will not for the duration of any Contract resulting from this Solicitation, boycott energy companies or (2) the verification required by Texas Government Code § 2276.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify SPB.

employing at least 10 full‐time people and paid at least in part with public funds.

G. Entities that Boycott Israel. Pursuant to Texas Government Code § 2271.002, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.231.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=GV%2FGV.2276&Phrases=24.001&HighlightType=1&ExactPhrase=False&QueryText=24.001 https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=GV%2FGV.2276&Phrases=24.001&HighlightType=1&ExactPhrase=False&QueryText=24.001 https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=GV%2FGV.2276&Phrases=24.001&HighlightType=1&ExactPhrase=False&QueryText=24.001 https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=GV%2FGV.2276&Phrases=24.001&HighlightType=1&ExactPhrase=False&QueryText=24.001 https://statutes.capitol.texas.gov/DocViewer.aspx?DocKey=GV%2FGV.2276&Phrases=24.001&HighlightType=1&ExactPhrase=False&QueryText=24.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm

Respondent certifies that either (i) it meets one of the exemption criteria under § 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of any contract resulting from this Solicitation. Respondent must state any facts that make it exempt from the boycott certification in its Response.

H. Excluded Parties. Respondent certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224.

I. Executive Head of a State Agency. Under Texas Government Code § 669.003, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of SPB. If § 669.003 applies, Respondent must provide the following information:

Name of Former Executive: _____________________________________ Name of State Agency: _____________________________________ Date of Separation from State Agency: _____________________________________ Position with Respondent: _____________________________________ Date of Employment with Respondent: _____________________________________

J. Financial Participation Prohibited. Pursuant to Texas Government Code §

2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from SPB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

employing at least 10 full‐time people and paid at least in part with public funds.

K. Firearm Entities and Trade Associations Discrimination. Respondent verifies that:

(1) it does not, and will not for the duration of any contract resulting from this Solicitation, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Texas Government Code § 2274.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify SPB.

L. Foreign Terrorist Organizations. Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Texas Government Code § 2252.152.

M. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm

Respondent certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is

N. Lobbying Prohibition. Respondent represents and warrants that SPB’s payments to

Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Texas Government Code §§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

O. No Conflict of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

P. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and

2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004. Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is

Q. Restricted Employment for Certain State Personnel. Pursuant to Texas Government Code § 572.069, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two years after the date that the Contract is signed, or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

R. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

S. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of Respondent on its Response, Respondent qualifies as a Texas Bidder https://statutes.capitol.texas.gov/Docs/GV/htm/GV.556.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.556.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2261.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.418.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.418.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.572.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.572.htm as defined in Texas Government Code § 2155.444(c).

T. Buy Texas. In accordance with Texas Government Code § 2155.4441 Respondent agrees that during the performance of a contract for services it will purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

U. E‐Verify Program. Respondent certifies that for contracts for services, Respondent will utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of: (1) all persons employed by Respondent to perform duties within Texas; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

4.6 INDEMNIFICATION

RESPONDENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF

TEXAS AND SPB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,

CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS,

CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES

ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS

AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF

SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY

PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE MUST BE

COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL

WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND

RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING

CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND

SPB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

4.7 ADDITIONAL TERMS

Any terms and conditions attached to a Response to this RFQ will not be considered unless specifically referred to in the Response.

4.8 DISPUTE RESOLUTION

The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by SPB and Respondent to attempt to resolve all disputes arising under any contract resulting from this solicitation.

4.9 EXCESS OBLIGATIONS PROHIBITED

Any contract resulting from this Solicitation is subject to termination or cancellation without penalty to SPB, either in whole or in part, subject to the availability of state funds.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2260.htm

4.10 PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, Respondent is required to make any information created or exchanged with the State pursuant to the solicitation or contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

4.11 GOVERNING LAW AND VENUE

Any contract resulting from this solicitation will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under a contract resulting from this solicitation is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to the SPB.

4.12 ETHICS

Under Texas Government Code § 2155.003, an individual who interacts with public purchasers in any capacity is required to adhere to the Ethics Laws and Professional Standards in the State of Texas Procurement and Contract Management Guide, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of SPB or purchasers of other state agencies. Specifically, a SPB employee may not have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

4.13 FRAUD STATEMENT

Respondents understand that SPB does not tolerate any type of fraud. SPB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken.

Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the State Auditor’s Office via fax at (512) 936-9812, online at https://sao.fraud.texas.gov/ReportFraud/ , or via mail at:

State Auditor's Office ATTN: Investigations https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://sao.fraud.texas.gov/ReportFraud/

P.O. Box 12067 Austin, TX 78711

4.14 CONFLICT OF INTEREST

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under the Contract. For this reason, the submission in response to this RFQ must disclose all business interests and all relationships that could reasonably be considered to pose possible conflicts of interest in the Respondent’s performance of contract obligations. In addition, Respondent must represent and warrant in its response to this RFQ and in the contract that in the performance of services under the contract, (1) Respondent does not have and will not have any actual or potential conflict of interest, and (2) Respondent will take whatever reasonable actions may be necessary and prudent to avoid even the appearance of impropriety.

4.15 RIGHT TO AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under a contract or indirectly through a subcontract under the contract.

The acceptance of funds under a contract or subcontract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

4.16 CONTRACT ADMINISTRATION

SPB will designate a project manager for any contract resulting from this Solicitation. The project manager will serve as the point of contact between SPB and the selected Contractor.

The SPB project manager will supervise SPB’s review of Contractor’s work, deliverables, reports, payment requests, schedules, financial and budget administration, and similar matters. The project manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way, or waive strict performance of the terms or conditions of the Contract.

4.17 CONTRACT AMENDMENT/TERMINATION

Any contract resulting from this procurement may be altered or amended by mutual written consent or terminated by the Executive Director at any time by written notice to Contractor. Upon receipt of such termination notice, Contractor must, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of the Contract and promptly cancel all existing orders if such orders are chargeable to the Contract. Contractor must submit a statement showing in detail the work performed under the Contract to the date of termination. SPB will pay Contractor for the work actually performed under the Contract, less all payments that have been previously made.

Thereupon, copies of all work accomplished under the Contract must be delivered to SPB.

4.18 STOP WORK ORDER

The Executive Director may issue a Stop Work Order to Contractor at any time. Upon receipt of such order, Contractor must discontinue all work under the Contract and cancel all orders pursuant to the Contract, unless the order directs otherwise. If the Executive Director does not issue a Restart Order within 60 days after receipt by Contractor of the Stop Work Order, the Contract is terminated in accordance with the foregoing provisions.

4.19 DISASTER RECOVERY PLAN

Upon request of SPB, Respondent must provide descriptions of its business continuity and disaster recovery plans.

4.20 DEFAULT

If Contractor is found to be in default under any provision of a contract resulting from this solicitation, SPB may cancel the Contract without notice and either re-solicit or award the Contract to the next best responsive and responsible Respondent. In the event of abandonment or default, Contractor will be responsible for paying damages to SPB including but not limited to re-procurement costs and any consequential damages to the State of Texas or SPB resulting from Contractor’s non-performance. The defaulting contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specification or scope of work is significantly changed.

4.21 FORCE MAJEURE

Neither Respondent nor SPB will be liable to the other for any delay in, or failure of performance, of any requirement included in any Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.

4.22 OWNERSHIP/INTELLECTUAL PROPERTY, INCLUDING RIGHTS TO DATA, DOCUMENTS,

AND COMPUTER SOFTWARE

For the purposes of the Contract, the term “Work” is defined as all reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts,…