ESBD_File_355642_3202400145_IFB_Solicitation.docx

INVITATION FOR BIDS (IFB)

AGENCY INVOICE ADDRESS

REFER INQUIRIES TO:

TEXAS WORKFORCE COMMISSION

Accounts Payable Email: APPO@twc.state.tx.us

TEXAS WORKFORCE COMMISSION

Name: Rachel Dean, CTCD, CTCM Email: vendorproposals@twc.texas.gov

VENDOR NAME:

*DBA (If Sole Owner):

VENDOR MAILING ADDRESS:

VENDOR BILLING ADDRESS: (If different from mailing)

CITY, STATE, ZIP CODE

VENDOR CONTACT PHONE NUMBER:

FAX NUMBER:

VENDOR CONTACT E-MAIL ADDRESS:

VENDOR TEXAS IDENTIFICATION NUMBER:

(issued by the Texas Comptroller of Public Accounts)

VENDOR FEDERAL EMPLOYER IDENTIFICATION NUMBER:

(issued by the Internal Revenue Service)

*If you are a Sole Owner or Individual Recipient, enter your Social Security Number:

Page | 1

Check below to claim a preference under 34 TAC Rule 20.38: Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran.

Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran.

Agricultural products grown in Texas Agricultural products offered by a Texas bidder Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran.

Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran.

Texas Vegetation Native to the Region USA produced supplies, materials, or equipment Products of persons with mental or physical disabilities

Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel Energy Efficient Products Rubberized asphalt paving material Recycled motor oil and lubricants Products produced at facilities located on formerly contaminated property Products and services from economically depressed or blighted areas Vendors that meet or exceed air quality standards Recycled or Reused Computer Equipment of Other Manufacturers Foods of Higher Nutritional Value

TWC only accepts emailed bids. If a hard copy of the bid is submitted it will not be accepted and will not be returned. Bids received after the Bid Due Date will be disqualified.

DESCRIPTION

QUANTITY

UNIT OF MEASURE

UNIT PRICE

TOTAL

971-08 971-45 Brokerage Services for Leases

FAILURE TO SIGN WILL DISQUALIFY BID – SIGNATURE MUST BE IN INK

Contents

Respondents should carefully study all specifications, terms, and conditions prior to submitting a bid.

1. INTRODUCTION:

1.1 The Texas Workforce Commission (TWC) is soliciting bids for:

Real estate brokerage services to aid in locating TWC office leases throughout the state of Texas. The brokerage shall provide experienced and appropriate licensed professionals for all services and deploy senior local market specialists to generate options and assist TWC throughout the lease search and negotiation process.

1.2 TWC will accept electronic email submissions only. Hard copy bids and email bids will not be accepted nor processed.

TWC must receive Bids no later than the Bid deadline. Late Bids will not be accepted.

TWC is not responsible for Bids received late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

All bids must be submitted no later than May 21, 2024, at 10:00 AM CST.

2. AUTHORIZED PROCUREMENT CONTACT:

The individual listed below may be e-mailed for clarification of the IFB specifications. No authority is intended or implied that the specifications may be amended, or alternates accepted prior to the Bid Due Date without written approval of the TWC.

Rachel Dean, CTCD, CTCM Email: vendorproposals@twc.texas.gov

2.1 The individual listed below is assigned by the agency to be the contract administrator.

Amanda Rodriguez-Morante, Contract Manager, CTCD, CTCM Email: Amanda.rodriguez-morante@twc.texas.gov Contract Administrator Texas Workforce Commission 101 East 15th Street, Room 109 Austin, Texas 78778-0001

3. GENERAL INFORMATION:

The contract resulting from this IFB will be issued in accordance with Texas Government Code, Title 10, Subtitle D, Chapters 2151 through 2176 and rules of the Comptroller of Public Accounts (CPA). TWC notifies the public by posting this IFB solicitation through the CPA website on the Electronic State Business Daily (ESBD) at the following internet address: http://txsmartbuy.com/esbd.

TWC also notifies all vendors identified in the following categories on the CPA Centralized master’s Bidder’s List (CMBL):

NIGP Code: 971-00, 971-08, 971-45 TWC reserves the right to make an award on the basis of low line item bid or in any other combination that will serve the best interest of the State, to reject any and all bid items in the sole discretion of the State, waive minor technicalities, and make an award in the best interest of the State.

TWC will not be responsible for any contractor expenses relating to solicited information, bid development, or demonstrations, which may result from this procurement action. All bids and supporting material submitted become the property of the State.

TWC will not consider a bid from a contractor for which TWC has had to cancel a similar contract at any TWC location statewide during the previous 36-month period for failure to perform in accordance with contract specifications.

TWC will not pay any amounts bid and identified as insurance or taxes of any kind.

4. HUB PARTICIPATION

TWC requires, as a condition of an award, that Respondents comply with Texas Government Code, Chapter 2161, Subchapter F and TWC’s HUB Plan relating to the State’s program on Historically Underutilized Businesses (HUBs). Respondents must comply with Texas Workforce Commission HUB Subcontracting Plan (HSP) Procedure.

If the section below is marked “Yes,” Respondents must complete the HSP documents and submit them as part of their response to this IFB. If awarded, the Successful Respondent will be required to submit a monthly compliance report (Prime Contractor Progress Assessment Report – PAR) to TWC.

TWC has determined that there are subcontracting opportunities for this project in the area of completion of service. ☐ Yes ☒ No If the sentence above is marked “Yes”, all prime vendors including HUBs, must include a completed HUB Subcontracting Plan to be responsive.

TWC finds that this Contract contains subcontracting opportunities in the following trade areas. NIGP Code: you are not restricted to this trade only.

The goods and/or services requested in this IFB are classified in the category of Other Services. The Agency’s HUB participation goal for this IFB is 26%.

TWC adheres to the administrative rules, policies, and forms developed by the Agency relating to HUBs. This IFB does require Respondents to complete an HSP. For more information about the HUB program at TWC, contact TWC HUB Outreach Coordinator at:

TWCHUBInfo@twc.texas.gov.

Assistance with Preparation of HSP: TWC Assistance. If an HSP is rejected, the Proposal will be disqualified and will not be considered. Therefore, Respondents are strongly encouraged to start preparing HSP forms as soon as possible and take advantage of offered TWC assistance by emailing TWCHUBInfo@twc.texas.gov. Please note there are deadlines associated with this process and Respondents have a limited amount of time to cure any deficiencies.

5. TERM OF CONTRACT:

The initial contract period will begin on 09/01/2024, or the date of award, and end on 8/31/2025. The Awarded Vendor shall be required to have the contract in full operation within three (3) weeks of contract award. Rates quoted herein will remain in effect for the entire initial term of the contract.

6. CONTRACT RENEWAL:

At the expiration of the initial contract period, this contract may be renewed annually by written agreement between both parties for up to four (4) additional one (1) year periods beginning 09/01/2025 through 08/31/2029.

Holdover Clause: In the event contract negotiations are not completed prior to the contract expiration date, both parties agree that services shall be provided by the Contractor and accepted by TWC on a month-to-month basis, subject to all original terms and conditions of the contract, for a period not to exceed ninety (90) days following the original contract expiration date. The hold-over monthly service costs shall be the pro-rated per-month rates in effect immediately prior to such expiration. Such hold-over agreement shall not be interpreted to extend the term of the original contract. TWC may terminate such hold-over service on the last calendar day of the month by providing written notice of cancellation not less than ten (10) business days prior to the cancellation date.

7. CONTRACT ADMINISTRATION:

The contract administrator or designated personnel listed below will monitor the performance of this contract. Any non-compliance issues will be documented in writing and presented to contractor. It is very important that all duties be performed as stated. Failure to do so may result in cancellation of this contract.

Amanda Rodriguez-Morante, Contract Manager, CTCD, CTCM Email: Amanda.rodriguez-morante@twc.texas.gov

8. STATEMENT OF WORK:

a. Scope of Work – Brokerage Services Real estate brokerage services to aid in locating TWC office leases throughout the state of Texas. The Brokerage Service (Broker) shall provide experienced and appropriate licensed professionals for all services and will deploy senior local market specialists to generate options and assist TWC throughout the lease search and negotiation process. Broker to provide guidance on the leasing process and represent TWC in the marketplace by marketing to motivated lessors to learn of availability, asking rental rates and other pertinent information. Services to include scheduling and conducting tours of office space on an as-needed basis and advising TWC on any necessary strategy changes in initial market feedback which is sub-optimal. All services provided shall be provided in compliance with Attachment 1, TWC Terms & Conditions.

Scope of Services

8.1 Pre-Market Engagement – Prepare Marketing Materials and Asset Due Diligence Broker will interview TWC to identify priorities and other information which may affect the lease requirements. Broker will review any existing due diligence material, such as lease templates, lease specifications, and other such documents for information that may impact the market engagement.

Broker will provide TWC with form letters of intent, lease agreements, and any other documentation necessary to facilitate the transaction. Broker will not provide legal counsel, however.

8.2 Market Engagement

Upon TWC notifying Broker of a need in a certain market area, Broker will engage the market and lessors on behalf of TWC to learn of availability and motivation from potential landlords, asking rental rates, and any other pertinent information.

Broker will schedule and conduct tours of the potential office space on an as-needed basis. Broker will inform the lessor of the TWC process as needed, if and when a recommended office space is determined.

Broker will provide the TWC team with a summary report on market activity and feedback.

8.3 Ongoing Representation and Closing

Broker will advise TWC on any necessary strategy changes if initial market feedback is sub-optimal.

Broker will forward all locations/proposals, whether in the form of marketing materials, a Letter of Intent, Texas Real Estate Commission (TREC) forms, or transaction agreements upon receipt to TWC and advise accordingly.

Term The term of this Agreement with respect to the Services shall be for one year. The parties may renew this Agreement for four (4) additional fixed terms of one (1) year each by mutual written agreement.

This agreement may be terminated prior to the expiration of the term as follows: (i) by TWC, without cause and without any cost or penalty to TWC, by giving broker at least 30 days’ prior written notice; (ii) by TWC immediately upon the occurrence of either of the following: (a) the termination or suspension of broker’s real estate license or (b) the failure of broker to perform any of its covenants, obligations, or duties contained in the Agreement, and the continuation of any such failure to perform after 10 days’ written notice thereof from TWC.

Brokerage Services Terms for Payment Broker will have no authority to act on behalf of TWC nor to bind TWC in any way. For the avoidance of doubt, broker shall not execute on TWC’s behalf any document, letter of intent, term sheet, or transaction agreement. Any decision to enter into a transaction will be in TWC’s sole discretion. All proposed transaction terms, draft letters of intent, and draft term sheets must be approved by TWC prior to being presented to a prospective counterparty.

8.4 The percentage commission owned to the broker is set forth below. The total commission and compensation owed to the broker will be based only on Rental Rate pursuant to a binding Lease Agreement. A commission is earned when, and only when, a new transaction agreement is fully executed (a “New Transaction”) and the transaction closes pursuant to that transaction agreement.

8.5 An earned commission on a New Transaction will be payable at execution of Lease Contract or pursuant to a separate agreement between broker and the Lessor.

8.6 TWC will not reimburse the broker for any travel expenses, marketing expenses, or any other costs or expenses incurred by the broker with respect to delivering the Services, even if the term of this Agreement ends (for any reason) after the broker has incurred expense but before any New Transactions have been fully executed.

8.7 As used in this Agreement, the term “acquisition” or “acquire” shall be the lease of a property by TWC.

Service

Lease Option

Total Market Fee Schedule

Landlord’s Rep

Tenant’s Rep

Comments

TWC as Lessee – Tenant Rep

Gross (Including Expenses)

6.5%

2.0%

4.5%

Payable by Landlord – 50% at Execution of Transaction Document (lease), 50% at Occupancy

In the event of an acquisition, TWC shall notify third-party Lessors that broker is exclusively authorized to represent TWC in real estate matters for which broker shall be entitled to earn and be paid a fair market commission at the rate listed above by said third-party Lessor.

9. SUBMISSION REQUIREMENTS:

Submit your bid response via email: vendorproposals@twc.texas.gov Bid responses received after the Bid Due Date will be disqualified.

TWC is not responsible for responses emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

Submit one (1) original electronic copy of signed bid along with completed Fee Schedule. Should the electronic file attached via email be larger than 50MB, submit your response in multiple emails, indicating the number of emails in the subject line, following the required Title, IFB number, Bid Due date, and time.

Example: Brokerage Services for Leases, 3202400145, 5/21/2024, 10:00 AM CT, Email 1 of XX.

10. DESCRIPTION OF PROCUREMENT PROCESS AND ELIGIBLE RESPONDENTS

Eligible Response: TWC will only consider for award those responses that are complete and submitted by the Bid Due Date and time.

Eligible Respondent: Licensed Texas Real Estate Broker in good standing with the Texas Real Estate Commission and authorized to do business in Texas.

Withdrawal of Response: A response may be withdrawn by the Respondent at any time prior to the selection announcement date by emailing the Authorized Procurement Contact identified in the IFB.

Amendment of Response: A response may be amended by the Respondent at any time after submission but prior to the due date by emailing the Authorized Procurement Contact.

11. DEFINITIONS

Award-The act of accepting an offer, thereby forming a contract between the State and a vendor.

Bid-An offer to contract with the State, submitted in response to an IFB.

Bidder-An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative.

Bidder’s List-A list of vendors that have expressed an interest in doing business with the State. See Centralized Master Bidders List (CMBL) Bid Tabulation-The recording of bids and bid data submitted in response to an IFB. The bid tabulation is used for comparison, analysis, and record keeping.

Broker- An agent who negotiates contracts of purchase and sale (as real estate, commodities, or securities).

Centralized Master Bidders List (CMBL)-An online directory, maintained by SPD, containing contact information and product categories of vendors registered to receive procurement opportunities from public entities.

Contract-A legally enforceable agreement between two or more parties.

Contract Term-The period of time during which the Contract will be effective from begin date to end, or renewal date. The Contract Term may or may not be the same as the budget period.

Due Date-Established deadline for submission of a document or deliverable.

Electronic State Business Daily (ESBD)-An online application, administered by SPD, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.

Invitation for Bid (IFB)-A written solicitation requesting the submission of bids; also referred to as a bid invitation.

Late Response-A response that is received after the date and time established for receipt of responses to a solicitation.

Lessor-Owner of property that transfers use of that property by a contract for an identified period of time.

Opening Date-The date and time that bids are due in response to an IFB. Used interchangeably with the term “Closing Date.”

Solicitation-A document such as an IFB requesting bids from vendors to provide specified goods and services. The term also refers to the process of obtaining responses from vendors to provide specified goods and services.

Specifications-The “line item” descriptors within a solicitation that define the good or service that the vendor must offer to be considered for award.

State-The State of Texas.

Statement of Work-A statement that defines specific services to be performed.

Texas Bidder-For the preference to resolve tie bids, “Texas Bidder” means a business (1) incorporated in Texas, (2) that has its principal place of business in Texas, or (3) that has an established physical presence in Texas.

Texas Resident Bidder-For purposes of reciprocal preference law, “resident bidder” refers to a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

TWC-Texas Workforce Commission.

Vendor-A potential provider of goods or services.

ATTACHMENT 1 – TWC Terms & Conditions (1/30/24)

Uploaded to ESBD as a separate file image1.png