ESBD_File_354520_RFQ 0001418 TAB Services for CapCom Phase 2 FINAL.pdf

TEXAS FACILITIES COMMISSION

P. O. Box 13047 Austin, Texas 78711-3047

REQUEST FOR QUALIFICATIONS

for

Testing, Adjusting and Balancing Services for the

Capitol Complex Project – Phase Two

RFQ #0001418

PROJECT #20-028-8011

Posting Date: March 29, 2024

Submittal / Opening Date: April 24, 2024 @ 3:00 PM

Contents

SECTION I - GENERAL

1) SCOPE:

2) CONTRACT TERM:

3) STATE FUNDING:

4) AGENCY POINT OF CONTACT:

a) Purchaser Name: James Gonzalez, CTCD, CTCM

b) Purchaser Phone: 512-936-0647

c) Purchaser Email: james.gonzalez@tfc.texas.gov

5) DEFINITIONS:

SECTION II - PROJECT DESCRIPTION

SECTION III STATEMENT OF WORK

SECTION IV – SCHEDULE OF EVENTS

1) SCHEDULE OF EVENTS:

2) MANDATORY PRE-SUBMITTAL TELECONFERENCES

3) SITE VISIT:

SECTION V – SUBMITTAL REQUIREMENTS

1) GENERAL:

3) REQUIRED DOCUMENTS:

4) CONTENTS:

a) Company Information:

b) Relevant Experience & Qualifications:

c) Proposed Methodology

d) Quality Assurance / Quality Control:

e) Litigation History:

f) Attachment A, Execution of Submittal:

g) Addenda Acknowledgment:

h) HUB Subcontracting Plan:

5) INQUIRIES

6) SUBMISSION DEADLINES

7) RECEIPT OF SUBMITTALS

SECTION VI - EVALUATION AND AWARD

SECTION VII – POST SUBMITTAL REQUIREMENTS

1) ADDITIONAL DOCUMENTATION FROM SELECTED FIRM:

2) RIGHT TO AUDIT:

3) PUBLIC DISCLOSURE:

4) PROTESTS:

5) ORDER PRECEDENCE:

ATTACHMENT A - EXECUTION OF SUBMITTAL

ATTACHMENT B - A/E QUESTIONNAIRE FORM

ATTACHMENT C - HUB COMPLIANCE REPORTING SYSTEM – Online HSP Process Guide

ATTACHMENT D – PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT E – TFC CRIMINAL BACKGROUND CHECK AND APPLICATION GUIDELINES

ATTACHMENT F – BONFIRE SUBMISSION INSTRUCTIONS

SECTION I - GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter

A, Professional Services, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting submittal of qualifications to provide professional HVAC Testing, Adjusting and Balancing (TAB) services for Phase 2 of the Capitol Complex Project #20-028- 8011, for two new state office buildings, and extension of pedestrian mall, including associated above and below ground parking structures, and associated infrastructure in the Capitol Complex in Austin, Texas as described further in the project description below.

2) CONTRACT TERM: It is the intention of TFC to award a Contract for TAB services for the term of the project. Services undertaken pursuant to this RFQ will be required to commence within ten

(10) calendar days of delivery of a Notice to Proceed. The Project associated with the services requested in this solicitation is anticipated to be nine hundred (900) calendar days.

3) STATE FUNDING: 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.

4) AGENCY POINT OF CONTACT: The contact listed below shall be the sole point of contact during this solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification.

a) Purchaser Name: James Gonzalez, CTCD, CTCM

b) Purchaser Phone: 512-936-0647

c) Purchaser Email: james.gonzalez@tfc.texas.gov

5) DEFINITIONS:

a) Addendum: A modification of the specifications issued by TFC.

b) Electronic State Business Daily (ESBD): the designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.com/esbd

c) Good Faith Effort: Effort required by vendors when completing the HUB Subcontracting Plan, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB vendors, C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, D) Self-Performing Contract (performing all work with own materials and labor), or E) Utilizing a Mentor Protégé relationship (a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé agreements click on link:

https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/ http://www.txsmartbuy.com/esbd https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

d) HUB Subcontracting Plan (HSP): The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

e) Historically Underutilized Business (HUB): A business who certified with the Comptroller of Public Accounts by meeting the following requirements: 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American, American woman, and/or United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with a proportionate interest that actively participates in the control, operations and management of the entity’s affairs.

f) Owner: The Texas Facilities Commission.

g) Project Manager: The individual designated by the Owner authorized to represent the Owner during the performance of the Contract.

SECTION II - PROJECT DESCRIPTION

1) Request for Qualifications (RFQ) for professional HVAC Testing, Adjusting and Balancing (TAB) services during all remaining phases of the Project from construction documents through the warranty phase(s) for Phase Two of the Capitol Complex Project, described specifically as follows:

a) New State Office Building – approximately ten-levels, totaling 360,000 gsf located on West

15th Street, between Lavaca and Colorado Streets with underground and above grade parking accommodating approximately 1,650 parking spaces;

b) New State Office Building – approximately five-levels, totaling 165,000 gsf located on West 15th Street, between Colorado Street and North Congress Avenue with underground and above grade parking accommodating approximately 900 parking spaces;

c) Completion of the pedestrian mall (Capitol Mall) and associated underground parking, by extending Phase One construction along North Congress Avenue, between 15th and 16th Streets;

d) Expansion of Phase One Central Utility Plant (CUP was designed and sized to allow for future expansion to serve Phases Two and Three of Capitol Complex Project) and an underground utility tunnel housing chilled water supply, return and condensate lines, and telecommunication lines; and

e) Associated infrastructure to serve the buildings, structures, and improvements of Phase Two.

2) Approximate cost of services for the aforementioned project is estimated to be $600,000.00.

SECTION III - STATEMENT OF WORK

1) The TAB Scope of Service includes, but is not limited to, pre-auditing, testing and reporting, construction phase auditing, testing and reporting and includes final completion auditing, testing and reporting.

2) Scope of services shall be comprehensive in nature and will include, but not limited to, the following requirements and all other services necessary and/or reasonably inferable from this

RFQ.

a) Follow all current governing standards and procedures for TAB related work;

b) Perform the specified commissioning support requirements coordinating with the CxA;

c) Review contract documents to become familiar with project requirements and conditions;

d) Review design data, assumptions, equipment performance, and system descriptions;

e) Provide design and submittal reviews, TAB related documents to incorporate into the construction documents, installation verification, and operations and maintenance (O&M) training as appropriate;

f) Develop TAB plan with complete system readiness checks and reports;

g) Develop procedures for an issues log to track all TAB related issues, deficiencies, and resolutions;

h) Verify system and equipment item installations are complete and all specified testing, cleaning, adjusting, and commissioning have been performed;

i) Provide final TAB; and

j) Review system and equipment item test reports and perform required inspections and measurement verifications.

3) TAB services shall be offered with the understanding of full compliance with non-discrimination requirements of the State of Texas by the TAB firm.

SECTION IV – SCHEDULE OF EVENTS

1) SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below.

EVENT DATE

Issue RFQ 3/29/2024 Mandatory Pre-Submittal Conference 4/09/2024 Tuesday, 2:00 PM

(OR)

Mandatory Pre-Submittal Conference 4/10/2024 Wednesday, 2:00 PM Deadline for Submission of Questions 4/17/2024 Deadline for Submission of Qualifications & HSP 4/24/2024 Tuesday @ 3:00 PM Notification to Interview 5/03/2024

If Interviews are NOT required by TFC Award by Commission 6/20/2024 Execute Contract 7/22/2024

Per Texas Government Code Chapter 2166.203, The Texas Facilities Commission is using the RFQ ‘Issue Date’ as noted in the Schedule of Events above as the official 30-day notification requirement for an interview with a design professional firm

2) MANDATORY PRE-SUBMITTAL TELECONFERENCES: The mandatory pre-submittal conferences will be held on Tuesday, April 09, 2024 at 2:00 PM and Wednesday, April 10, 2024 at 2:00 PM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one (1) of the two (2) scheduled pre-submittal teleconferences. TFC shall reject submittals submitted by firms that did not attend one of the mandatory pre-submittal conferences.

a) Pre-Registration is required

b) Register in advance for the Tuesday, April 9th meeting with this link:

i. https://us02web.zoom.us/meeting/register/tZUqc-

CpqT8vHNcmRymtMcpjRTfk7_qcXYLg

c) Register in advance for the Wednesday, April 10th meeting with this link:

i) https://us02web.zoom.us/meeting/register/tZIlcO2spzorE9HtWYL6Oe4rM1vXv9

BU2Q63

3) SITE VISIT: There will be no site visit for this project.

SECTION V – SUBMITTAL REQUIREMENTS

1) GENERAL: TFC is using the eProcurement Bonfire Interactive system. Respondents interested in submitting a response must register for a Bonfire account (no charge). Submittals must be submitted through TFC’s Bonfire Portal at:

http://tfcstate.bonfirehub.com.

2) HUB Subcontracting Plan (HSP) Submission: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc.gob2g.com, B2G Access Code: 3106838995. See Attachment C – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP.

If Interviews are required by TFC Interviews of short-listed firms 5/14/2024 Award by Commission 6/20/2024 Execute Contract 7/22/2024 https://us02web.zoom.us/meeting/register/tZUqc-CpqT8vHNcmRymtMcpjRTfk7_qcXYLg%C2%A0 https://us02web.zoom.us/meeting/register/tZUqc-CpqT8vHNcmRymtMcpjRTfk7_qcXYLg%C2%A0 https://us02web.zoom.us/meeting/register/tZIlcO2spzorE9HtWYL6Oe4rM1vXv9BU2Q63 https://us02web.zoom.us/meeting/register/tZIlcO2spzorE9HtWYL6Oe4rM1vXv9BU2Q63 http://tfcstate.bonfirehub.com/ http://tfc.gob2g.com/

3) REQUIRED DOCUMENTS: Respondents shall upload their qualifications through the TFC

Bonfire portal link as specified in item 2 of Attachment F – Bonfire Submission Instructions.

Requested documentation includes:

a) Package 1 – Non-Scored Documentation:

i) Attachment A – Execution of Submittal

ii) Acknowledgement of Addenda

iii) Litigation History

b) Package 2 – Scored Documentation

i) Company Information

ii) Attachment B – A/E Questionnaire Form

iii) Relevant Experience and Qualifications

iv) Proposed Methodology

v) Quality Assurance/Quality Control

c) Organization: Document pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

d) File Format: File format shall be as indicated in Attachment F – Bonfire Submission Instructions

e) Submittal Costs: Respondents to this RFQ are responsible for all costs of submittal preparation and delivery.

4) CONTENTS: Below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State.

The Attachment A, Execution of Submittal, the Attachment B, A/E Questionnaire Form shall be returned via Bonfire and the online entry of the HSP shall be completed via the B2G system;

failure to do so shall result in disqualification.

a) Company Information: Including, but not limited to the following:

i) Company description;

ii) Ownership information;

iii) Physical and Mailing addresses;

iv) Other company locations/offices;

v) Primary contact;

vi) Office and mobile telephone numbers, and email of primary contact; and

vii) 11-Digit State of Texas Taxpayer Vendor Identification Number.

viii) Indicate if your company has ever failed to complete a project or had a contracted terminated for default or convenience. If yes, provide explanation.

ix) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If yes, explain the circumstances.

x) Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

xi) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

b) Relevant Experience & Qualifications: <60 pts.>

i) Proposed Project Team:

(1) Provide an Organizational Chart for your proposed project team.

(2) Provide résumés for each project team member and describe each member’s responsibilities for the Project.

(3) Detail previous experience of team members working together on projects, and the firm’s previous experience working with major subconsultants proposed for this project. A matrix format is recommended.

ii) Location:

(1) Identify the location of your company’s office that will directly support the Project.

(2) Explain how responsive service will be provided.

iii) Relevant Experience: Complete and submit the Attachment B, A/E Questionnaire Form.

The form can be obtained electronically at the TFC website:

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ Document #19, Index of Forms.

(1) For the five (5) most relevant projects completed within the last five years, Respondent shall demonstrate experience in meeting completion date schedules by providing the original duration and final duration on these five projects. Provide the location for each project. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

(2) For the same five (5) most relevant projects completed within the last five years as above, Respondent shall demonstrate experience in maintaining budgets by providing the awarded budget and the final completion budget. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

(3) In addition to the five most relevant projects detailed above, provide other pertinent project information, including past and current projects of comparable scope to the project solicited in this RFQ. Particularly indicate your firm’s experience with the following:

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

(a) Particularly indicate your firm’s experience with Testing, Adjusting & Balancing of specified HVAC systems for high-rise office buildings, central utility plants and ancillary support and maintenance buildings;

(b) Experience working with Owners, A/Es, CMRs, and Commissioning Agents in the coordination and scheduling of TAB throughout the duration of the project.

(c) Projects involving work within highly visible public spaces;

(d) Experience working with large scale projects with varied testing procedures throughout a long construction period; and

(e) Preparing and updating TAB plans and documentation of results.

(4) TFC will also consider the relevant experience and qualifications of major subconsultants/subcontractors, those proposed to perform approximately 15% or more of the project. An Attachment B, A/E Questionnaire Form may be included in the submittal for each major subconsultants/subcontractors, and any additional company information provided as appropriate.

iv) Minimum Qualifications:

(1) Out of State vendors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

(2) Negative responses and experiences from state client agencies, regulatory agencies, and TFC, which are familiar with firm’s performance, depending on problems encountered, may be grounds for disqualification.

(3) In accordance with Texas Occupations Code Title 6, Subchapter I § 1001.405. Practice by Business Entity; Registration, all Engineering firms submitting a response to this request for Qualifications must maintain current “business entity registration” with the Texas Board of Professional Engineers concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBPE Certificate of Registration with your response.

(4) In accordance with Texas Administrative Code Title 22, Part 1, Chapter 1, Subchapter G, Rule §1.124, Business Registration, all Architectural firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of Architectural Examiners concurrent with their submission of said response and, if selected, through the term of the Contract. Provide a copy of your company TBAE Certificate of Registration with your response.

c) Proposed Methodology: <20 pts.> Provide an outline of your firm’s process to implement the requirements of the RFQ Scope of Work into a finished project. Specifically, how will your firm approach and develop the various design challenges into one achievable, compliant and coherent project. This shall include, but not be limited to, the following:

i) Particularly indicate your firm’s approach when Testing, Adjusting & Balancing of specified HVAC systems for Buildings and ancillary support and maintenance buildings;

ii) Research and problem-solving strategies;

iii) Developing a TAB Plan;

iv) History working with A/Es, CMRs, Commissioning Agents, and other consultants;

v) Project tracking and contract administration;

vi) project phasing, coordination, and maintaining schedules;

vii) Typical scope of work outsourced to Subcontractors and/or sub-consultants; and

viii) Staff sizing, roles, and company workload in proportion to the project.

d) Quality Assurance / Quality Control: <20 pts.>

i) Provide a description of your firm’s quality assurance program. Provide the name and job title of the person in your organization who oversees your quality assurance program.

TFC reserves the right to require a copy of your Quality Control Manual and Quality Assurance Processes, which, if contracted, will become a Contract document.

ii) Respondent shall describe its quality requirements and means of measurement. Provide a process flow chart on how quality is maintained and achieved.

iii) Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule.

e) Litigation History: <Pass/Fail>

i) Provide details of all past or pending litigation or claims filed against Respondent that may affect performance under a contract with TFC.

ii) Respondents involved in litigation with owners or Architect/Engineer firms may be disqualified.

f) Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal shall result in rejection of the response.

g) Addenda Acknowledgment: Receipt of all addenda to this RFQ should be acknowledged by returning a signed copy of each addendum signature page with the response. Any amendment to this procurement solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to solicitation submittal. Respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFQ.

h) HUB Subcontracting Plan: In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return the HUB Subcontracting Plan in B2G shall result in rejection of the response. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

(a) 23.7% for professional services contracts,

i) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal. The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract.

ii) As mandated by 34 TAC § 20.285 Respondents must submit an HSP that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB rules 34 TAC §20.285 (d).

iii) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HSP. An incomplete HSP is considered a material failure to comply with the solicitation requirements.

iv) The HSP shall become a provision of the Contract between the awarded Respondent and TFC. The awarded Respondent can only change the HSP if (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its HSP; and (d) TFC and the Respondent amends their Contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

v) If TFC determines that the Respondent failed to implement the HSP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

vi) HUB subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing (NIGP). A complete listing of all NIGP Class & Item Codes can be found at:

https://comptroller.texas.gov/purchasing/nigp/

CLASS-ITEM DESCRIPTION

992-00 Testing and Calibration Services 992-47 HVAC System Testing, Balancing and Troubleshooting Services 992-55 Miscellaneous Testing and Calibration Services 992-65 Pressure Testing Services, Fuel Tanks, Pressure Tanks 992-77 *Scientific Equipment Testing and Calibration Services 992-15 Air Quality Monitoring Equipment Testing and Calibration Services

vii) Respondents must submit their HSP information and “Good Faith Effort” documentation through TFC’s HUB Compliance System (B2G). Please note that the HSP is referred to as the Utilization Plan (UP) in the TFC’s HUB Compliance System (B2G). The HUB Compliance Reporting System (B2G) is a resource tool to automate the HSP entry process. The online entry of the HSP will be in accordance with Texas Government Code (TGC), Section 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281 – §20.298 of the Texas Administrative Code (TAC). The HSP good faith effort controls are built into the HUB Compliance Reporting System, which drives the process to ensure https://comptroller.texas.gov/purchasing/nigp/

HUB compliance is met. The output document is the same format as the State of Texas Comptroller of Public Accounts requires HSP form.

viii) See Attachment C - HUB Compliance Reporting System – Online HSP Process Guide for step-by-step guidance on submitting your HSP through the online system.

ix) If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.state.tx.us

x) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

5) INQUIRIES

a) All inquiries shall be submitted in writing to purchaser identified above.

b) All inquiries submitted by email shall be in an editable format, i.e. typed in an email or submitted in Microsoft Word, , as opposed to an un-editable format such as Adobe Acrobat .pdf files.

c) All inquiries will result in written responses with copies posted to the ESBD at:

http://www.txsmartbuy.com/esbd. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above.

d) Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

e) Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC and the using agency will not answer questions or otherwise discuss the contents of the RFQ with any potential Respondent. This restriction does not preclude discussions with TFC for the purpose of conducting business unrelated to this submittal.

Failure to observe this restriction may be grounds for disqualification.

6) SUBMISSION DEADLINES

a) Submittals shall be uploaded via the Bonfire link in Attachment F – Bonfire Submission

Instructions by 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the Portal.

b) Follow the submittal instructions specified in the Attachment F – Bonfire Submission Instructions.

c) Facsimile and email submittals are not acceptable responses to the RFQ.

mailto:HUB@tfc.state.tx.us http://www.txsmartbuy.com/esbd

d) Respondents having difficulty using the Bonfire portal should contact support using the contact information within Attachment F – Bonfire Submission Instructions. If unable to upload the documents to the Bonfire Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

e) TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the Texas Government Code (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. Should trade secrets or proprietary or otherwise confidential information be included in the submitted electronic copy as referenced above, Respondent should mark the medium with the word “CONFIDENTIAL.” If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act.

7) RECEIPT OF SUBMITTALS

a) Submittals will be received until the date and time established for receipt, then the portal will close. Only the names of the Respondents will be made public. Tabulations will not be divulged until after contract award.

b) All submittals shall become the property of the State of Texas after the deadline/opening date.

c) Submittal shall constitute an offer for a period of ninety (90) days or until selection is made by TFC.

SECTION VI - EVALUATION AND AWARD

1) It is the intent of TFC to award one contract to the Respondent whose qualifications are considered to be ‘most qualified’ for the services solicited for each of the respective project in this

RFQ.

2) TFC reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award.

3) An evaluation committee will be established to evaluate the submittals. The committee will include employees of TFC and may include other impartial individuals who are not TFC employees. By submitting qualifications in response to this RFQ, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee.

4) The evaluation committee will evaluate and score each submittal based on the following criteria:

Criteria Weight Company Information 0 points Relevant Experience and Qualifications 60 points Proposed Methodology 20 points Quality Assurance/Quality Control 20 points Litigation History Pass/Fail HUB Subcontracting Plan Pass/Fail Total 100 points

5) When considering best value and award, TFC reserves the right to set a minimum requirement regarding the weighted criteria listed in paragraph 4 above.

6) The evaluation committee will determine if interviews/discussions are necessary. Award of a contract may be made without interviews/discussions if in the best interest of the state. The evaluation committee may determine that discussions are necessary to clarify or verify a written submittal. TFC may, at its discretion, elect to have Respondents provide oral presentations/interviews of their submittal. Scoring of the interview shall replace the initial scoring of the submittal. The following will be expected during an interview:

a) A short presentation detailing company history and projects relevant to the current project, and confirmation of information presented in the submittal.

b) Attendance by team members assigned to the project to represent themselves as to their relative experience and proposed involvement in the project. Representation by the Project Manager is essential in this interview.

c) An agenda for the interview will be provided by TFC requiring an elaboration of company relevant experience, proposed methodology, and quality program for the Project.

7) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate a professional architectural/engineering agreement with the firm which is evaluated as the highest scoring firm, deemed the best value to the State. If the agreement cannot be executed, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next firm in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

8) In evaluating submittals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System, available at http://www.txsmartbuy.com/vpts. Prior work performance with TFC, and other State agencies or governmental entities which are http://www.txsmartbuy.com/vpts familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

SECTION VII – POST SUBMITTAL REQUIREMENTS

1) ADDITIONAL DOCUMENTATION FROM SELECTED FIRM:

a) Professional liability insurance in a minimum amount of $1,000,000 and other standard business insurance coverage, as may be required by the Contract.

b) Should the award amount be equal to or greater than $500,000.00, Respondent shall be required to file a Disclosure of Interested Parties , Form 1295 with the Texas Ethics Commission.

c) Execution of an appropriate professional services contract.

2) RIGHT TO AUDIT: Vendor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, TFC or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

3) PUBLIC DISCLOSURE: News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFQ and the disqualification of the Respondent to respond to any re-solicitation.

4) PROTESTS: Protests filed in accordance with this solicitation shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

5) ORDER PRECEDENCE: In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract (or Notice of Award), Amendments to the Contract (or Notice of Award), Request for Qualifications, and Respondent’s Response to Request for Qualifications.

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ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT WITH

THEIR SUBMITTAL. FAILURE TO DO SO SHALL RESULT IN DISQUALIFICATION OF THE

SUBMITTAL.

By signature hereon, the respondent affirms that:

RESPONDENT AFFIRMATIONS:

1. Having carefully reviewed the RFQ, the Contract, and all other Attachments, as well as the premises and conditions affecting the work, if selected, Respondent hereby agrees to enter into negotiations with TFC and to refine the scope, and if agreement is reached, furnish proposal, furnish required proof of insurance, and execute the Attachment D – Professional Services Agreement.

2. Standard of Care for Architectural and Engineering Contractors: Pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Respondent shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.

3. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall 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.

5. Dealings with Public Servants Affirmation: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus.

& Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

7. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

8. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by

Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, 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 the contract may be terminated and payment withheld if this certification is inaccurate.

9. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the TFC.

10. Former Agency Employees: In accordance with Section 2252.901 of the Texas Government Code, Respondent represents and warrants that for professional services contracts as described by Chapter 2254 of the Texas Government Code, if a former employee of TFC was employed by Respondent within one year of the employee's leaving the agency, then such employee will not perform services on projects with Respondent that the employee worked on while employed by

TFC.

11. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

12. 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 Section 2252.152 of the Texas Government Code.

13. Human Trafficking Prohibition: Under Section 2155.0061 of the Texas Government Code, the 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 inaccurate.

14. Prior Disaster Relief Contract Violation: Sections 2155.006 and 2261.053 of the Texas Government Code, 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, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, 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 inaccurate.

15. Fraud, Waste, or Abuse: Respondent understands that TFC does not tolerate any type of fraud.

The agencies' policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the TFC Office of Internal Audit at 1-512-463-1069 and the State Auditor's Office at 1-800-TX-AUDIT(892-8438).

16. Deceptive Trade Practices: Unfair Business Practices: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus.

& Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

17. Public Information Act: Respondent understands that Agency will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Respondent is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

18. Employment of Lobbyist: Respondent represents and warrants that payments to Respondent and Respondent's receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation).

19. Disclosure of Interested Parties: Respondent represents and warrants that all certifications, representations, warranties, and other provisions in this Execution of Submittal apply to Respondent and all of Respondent's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Solicitation or any contract resulting from this Solicitation. Respondent represents and warrants that if selected for award of a contract as a result of the Solicitation, Respondent will submit to Agency a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

20. Debts and Delinquencies Affirmation: Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

21. Texas Corporate Franchise Tax Certification: Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

22. Contracting Information Responsibilities: In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TFC for the duration of the contract, (2) promptly provide to the TFC any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TFC, and (3) on termination or expiration of the contract, either provide at no cost to the TFC all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TFC. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

23. Cybersecurity Training: If Respondent has access to any state computer system or database, Respondent shall complete cybersecurity training and verify completion of the training program to the TFC pursuant to and in accordance with Section 2054.5192 of the Government Code.

24. Disaster Recovery Plan: Upon request of Agency, Respondent shall provide copies of its most recent business continuity and disaster recovery plans.

25. Excluded Parties: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

26. Suspension and Debarment: Respondent certifies that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. Entities ineligible for federal procurement are listed at http://www.sam.gov. Prior to awarding state funds for goods and/or services rendered, TFC will conduct a required search of your firm using the Federal System for Award Management (SAM). This is a Federal government-maintained database that records and tracks organizations either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list.

27. E-Verify Program: Respondent certifies that for contracts for services, Respondent shall 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…