Request for Qualifications

Georgia State Financing & Investment Commission

Request for Qualifications

RFQ No. J-378-CX

To Provide Building Commissioning Services for

Project No. J-378

Academic Building Addition

University of North Georgia Cumming, Georgia

Solicitation Issue Date: Thursday, Dec. 2, 2021

Qualifications Package Due By: Wednesday, January 5, 2022 2:00 PM

TABLE OF CONTENTS

I. REQUEST FOR QUALIFICATIONS (RFQ)

1. GENERAL PROJECT INFORMATION

2. COMMISSIONING AGENT TASKS

3. SCHEDULE OF EVENTS

4. SELECTION PROCESS

5. INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS

6. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

7. SUBMITTAL OF STATEMENTS OF QUALIFICATIONS

8. ADDITIONAL TERMS AND CONDITIONS

LIST OF EXHIBITS

Exhibit A - Certification Form Exhibit B - Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l) Exhibit C - Disclosure Statement Exhibit D - Systems to Commission

RFQ No. J-378-CX Academic Building Addition - UNG Page 3

I. REQUEST FOR QUALIFICATIONS

Building Commissioning Services

RFQ No. J-378-CX for

Project No. J-378 Academic Building Addition University of North Georgia

Cumming, Georgia

The Georgia State Financing and Investment Commission (GSFIC), as “Owner”, on behalf of the Board of Regents of the University System of Georgia (“Using Agency” or ''BOR''), and the University of North Georgia, (''UNG'') is seeking Statements of Qualifications from firms interested in providing Building Commissioning Services for a project known as Project No. J-378 Academic Building Addition, at University of North Georgia’s campus in Cumming, Georgia. This Request for Qualifications (RFQ) seeks to identify the most qualified potential providers of the above-mentioned services. All respondents to this RFQ are subject to instructions communicated in this document and additional terms and conditions listed in the Owner’s Request for Proposals (RFP). GSFIC reserves the right to reject any or all statements of qualifications or proposals, and to waive technicalities and informalities at the discretion of GSFIC.

RESTRICTION OF COMMUNICATION: From the issue date of this (RFQ-RFP) solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate for any reason with any members of the Selection Committee, the Using Agency, the End-User, or the Architect, except for submission of questions as instructed in the RFQ and RFP, or during the proposer's conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the Owner reserves the right to reject the qualifications/proposal of the offending proposer.

1. GENERAL PROJECT

INFORMATION

Project Background:

Originally opened in 2013, Cumming is one of the fastest growing campuses at the University of North Georgia (UNG). Within the first five years of operation, the Cumming campus surpassed 1,000 students, causing overcrowding in the campus’ single facility. Analysis suggests this trend will continue due to continued increases in Forsyth County high school graduates. The site has heavy utilization in instructional and student support spaces and has inadequate office and service space for both full time and part time faculty. The current study and resource space is inadequate for effective student support, and the existing classroom inventory is not well configured to allow significant growth within preferred pedagogical methods. The site lacks facilities to accommodate comprehensive core instruction and upper division instruction in high-demand baccalaureate programs.

Project Description:

The project envisions a 30,000 sq. ft. addition to the existing 37,000 sq. ft. facility. It will also enable the full curricula of a limited array of baccalaureate degrees, potentially in high-demand disciplines related to business, technology, health care, and education. The addition will be programmed as a complement to the existing building in order to balance and improve the efficiency and effectiveness of the overall space inventory. The new space will increase the scope and breadth of instructional capacity by diversifying specialized instruction space functions, specifically adding a chemistry laboratory and a multi-disciplined laboratory. The introduction of a diverse array of general classroom sizes and configurations will enable increased station occupancy and utilization. Also, the inclusion of a variety of office types and densities will increase both the capacity and the appropriateness of work accommodations for the future mix of full time, part time, and adjunct faculty.

Enhanced study and support facilities will ensure continued student success at higher enrollment levels.

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Project Delivery Method:

The delivery method for this Project will be construction manager at-risk (CM/GC), and, at a minimum, will employ the services of a Design Professional, a Commissioning Agent and the services of a CM/GC.

Project Budget The preliminary stated (construction) cost limitation (SCL) for the Project is estimated to be in the $10,300,000.00 range. The final SCL may differ due to actual program requirements, funding, and other circumstances.

Project Schedule:

Construction documents are anticipated for completion in the summer of 2022. The selected CM/GC will immediately commence preconstruction services upon execution of a Construction Management contract. The start of construction is contingent on the availability of the funding. Construction duration to reach Material Completion is estimated at approximately 12 months. (All of the dates above are estimates which are subject to change.)

Sustainable Approach:

The project will incorporate the requirements of the Energy Efficiency & Sustainable Construction Act of 2008 (SB 130) (O.C.G.A. 50-8-18) and may include other sustainable concepts where feasible to do so. Firms can review state requirements for commissioning by reviewing the Energy Efficiency and Sustainable Construction Standards for State Buildings at:

https://www.dca.ga.gov/sites/default/files/energy-efficiency-and-sustainable-construction-standards-final.pdf and the GSFIC Commissioning Guide which may be found on the GSFIC web site at:

http://gsfic.georgia.gov/00/channel_modifieddate/0,2096,77323081_157881968,00.html

2. COMMISSIONING AGENT TASKS

2.0 General

The Owner desires commissioning for the project to ensure that all systems including the building envelope are complete and will function properly when installed or constructed and that the facility staff has adequate system documentation and training.

Specific requirements of the Commissioning process and responsibilities, duties, and obligations of the Commissioning Authority (CxA) team are described in Section 2.1, Commissioning Tasks. To accomplish these tasks, the CxA shall be required to coordinate their activities with other entities. The Commissioning process does not take away from or reduce the responsibility of the Design Professional to provide a finished and fully functioning product. It is noted that the services of the Design Professional or Construction Professional and various subcontractors are NOT provided for under this Scope of Work and the CxA is not responsible for providing their services.

The CxA will not be responsible for design concept, design criteria, compliance with codes, design, or general construction scheduling, cost estimating, construction management, or construction supervision. The CxA may assist the Design Professional with design issues or problem solving, but ultimate responsibility for meeting the project objectives and requirements resides with the Design Professional.

2.1 Commissioning Tasks

Commissioning tasks shall be separated into two phases. The first phase shall consist of Design Phase services including the development of the Owner’s Project Requirements document by the CxA, Review of the DP’s Basis of Design information to ensure consistency with the OPR; and Design reviews. The second phase http://www.dca.ga.gov/sites/default/files/energy-efficiency-and-sustainable-construction-standards-final.pdf http://www.dca.ga.gov/sites/default/files/energy-efficiency-and-sustainable-construction-standards-final.pdf http://gsfic.georgia.gov/00/channel_modifieddate/0%2C2096%2C77323081_157881968%2C00.html

RFQ No. J-378-CX Academic Building Addition - UNG Page 5 services shall consist of all tasks identified IN Phase Two Task below. The Owner intends to contract with the CxA for the first phase and then at the Owner’s sole discretion, will negotiate for phase two services and if agreeable, amend the CxA contract to include those additional services.

2.1.1 Phase One Tasks

Design Phase Services

• Facilitate the preparation of the Owner’s Project Requirements (OPR) per the ASHRAE Standard 202- 2018 - Commissioning Process for Buildings and Systems (ANSI Approved; IES Co-sponsored) and review (OPR) for completeness and clarity

• Review the DP’s Basis of Design (BOD) information and ensure consistency with OPR

• Develop preliminary Commissioning Plan, provide DP with draft

• Incorporate commissioning CxA requirements into the construction documents

• Conduct Cx design reviews of drawings and specs at phases determined by Owner and provide feedback/comments to the team resulting from the design reviews

• Create commissioning deficiencies / issues log to be updated throughout Cx

• Complete checklist verifying that CxA has received latest version of design documents

The Owner’s Project Requirements (OPR) should contain the following items: general project information (size and schedule), training operations and maintenance requirements, building space and occupancies summary, and building performance criteria (energy, materials and resources, and indoor air quality).

The Basis of Design (BOD) information will be used to satisfy the OPR. The BOD should include an overview of building systems, summer and winter design conditions (interior and exterior), HVAC system selection, utilities, lighting, code and life safety requirements, budget and special systems (pure water, air, etc.)

2.1.2 Phase Two Tasks

The following tasks (for MEP Systems and Building Envelope) will be accomplished by the CxA to provide Commissioning during the following phases of the project: (All tasks listed are Georgia (Peach) Required).

Construction Phase

• Update commissioning plan as necessary

• Review contractor submittals applicable to systems being commissioned

• Develop Construction checklists for equipment and systems to be commissioned

• Develop functional test procedures and documentation formats for all commissioned equipment and systems

• Develop and maintain site observation report

• Prepare Cx progress reports

• Hold construction phase Cx meeting in conjunction with construction progress meetings (OAC meetings)

• Maintain Cx deficiencies / issues log

• Coordinate and supervise Cx deficiency corrections

• Review Requests for Information (RFI’s) and changes for impacts on Cx

• Review completed copies of factory or contractor provided pre-start up and start up test forms

• Perform on-site validation of successful completion of Functional Performance Test (FPT)

• Maintain record of functional testing

• Witness the Test and Balance (TAB) testing for completeness and accuracy

• Review TAB report

• Review Operation & Maintenance (O&M) manuals, as-built documentation, and training documentation

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• Perform installation verification and walk-thru and prepare observation reports

• Review equipment warranties

• Review and participate in contractor provided training program for agency maintenance personnel

• Verify that requirements for staff training are complete

• Develop a system manual for commissioned systems

Occupancy and Warranty Phase

• Complete final Cx issues log that includes resolved and unresolved issues

• Address concerns with operating facility and staff

• Verify the installation and performance of all commissioned systems no later than 10 months after material completion of the project (Complete and submit checklist form, click link below for sample form) http://web01.spo.ga.gov/construction/CommissioningGuidelines/ChecklistForm.pdf

• Complete final Cx Report (Final Commissioning Report to contain all relevant information, correspondence, tests, data, findings and summary for the entire project. Typical reports include an executive summary, Cx plan, Cx specifications, issues log and other logs, updates, design reviews, submittal reviews, site observations, TAB reports, history of training, and reports for each commissioned system.) (Sample executive summary provided in the GSFIC Commissioning Guide.)

• Coordinate or witness deferred and seasonal testing and balancing

2.2 Systems to Commission

See Exhibit D.

2.3 Owner's Documentation

The documentation (reports) submitted to the Owner shall be in electronic form (2 ea CDROMs) and paper form (2 ea). Documentation refers to all correspondence (letters, memos, observations, etc.) all test reports and all Test and Balance Reports.

The actual scope of services could vary from the tasks listed above and communicated to eligible firm(s) prior to actual agreement. The Owner will provide additional details and a list of general duties required in Commissioning Services for this Project to eligible finalists.

3. SCHEDULE OF EVENTS

The following Schedule of Events represents the Owner’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Atlanta, Georgia. The Owner reserves the right to adjust the schedule as needed.

Estimated Schedule of Events

DATE

TIME

a. Owner issues public advertisement of RFQ 12/2/2021 -----

b. Deadline for submission of written questions and requests for clarification (See Section 6)

12/10/2021

2:00 PM

c. Deadline for submission of Statements of Qualifications 1/5/2022 2:00 PM

d. Owner completes evaluation and determines the highest ranked firm 1/11/2022 TBD

4. SELECTION PROCESS

Selection of the Commissioning Agent will be qualifications-based and will generally adhere to the requirements set forth in the Official Code of Georgia (OCGA) Title 50 Chapter 22. The selection of a firm will be made by a Selection Committee consisting of representatives of the Using Agency, the Owner, and possibly other representatives designated by the Owner. The Selection Committee will receive and evaluate the Statements of http://web01.spo.ga.gov/construction/CommissioningGuidelines/ChecklistForm.pdf

RFQ No. J-378-CX Academic Building Addition - UNG Page 7

Qualifications submitted in response to this Request for Qualifications (RFQ), using the following criteria:

Criteria for Evaluation of Statements of Qualifications 20% Factor: Stability. Firm’s stability, including the firm’s corporate history, growth, resources, form of ownership, litigation history, financial information, and other evidence of stability.

25% Factor: Experience and Qualifications. Firm’s relevant project experience and qualifications, including the demonstrated ability of firm in effective commissioning of facilities comparable in complexity, size, and function to the one contemplated hereby. Experience with Owners such as the State of Georgia or other similarly-structured organizations. This includes relevant experience and qualifications of the principal Commissioning Professionals and lead staff and level of experience in a leadership role in commissioning of envelope/MEP/FP systems.

25% Factor: Suitability. Firm’s apparent suitability to provide the required services for the Project, including but not necessarily limited to the firm’s apparent fit to the project type and/or needs of the Owner. Firms should provide evidence of any special or unique company or personnel qualifications, current and projected workloads, the proximity of office or lead staff to Project location, and services offered by the firm that they are best suited to provide the services expected. The firm’s non-discrimination policies and past efforts for W/MBE inclusion will be a part of this evaluation, as well as the firm’s record and methodology of addressing public safety and environmental concerns.

30% Factor: Team. Proposed organization of the CxA Team for this project including individuals and their roles and responsibilities. Proposed CxA Plan for the project including firm’s proposed overall role in this project, your anticipated level of management responsibility and accountability for project concerns. Your project reporting process and process for efficiently addressing and reporting discrepancies as well as your follow up procedures. Approach to the design review given design is currently in the construction document phase. Proposed timeline covering the commissioning milestones throughout the commissioning process. O&M Documentation and training process.

NOTIFICATION TO HIGHEST RANKED FIRM

The Owner anticipates that firms will be evaluated and ranked based on the qualifications submitted.

The highest ranked firm will be notified and the results of the selection will be posted on the Georgia Procurement Registry.

The highest ranked firm will enter into contract negotiations with the Owner. In the event a satisfactory fee agreement cannot be reached with the highest ranking firm, the Owner will formally terminate the negotiations in writing and enter into negotiations in turn with the second highest ranking firm, and so on until a mutual agreement is established and the Owner awards a Commissioning Services contract. The actual Form of Contract shall be developed by the Owner.

5. INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS

Interested firms shall submit/upload one (1) electronic copy in .pdf format of the complete qualifications package to a GSFIC ftp site. Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. Total page count of the submittal must not exceed 40 pages. Each Statement of Qualifications shall be prepared providing straightforward, concise delineation of respondent’s capabilities. Emphasis must be on completeness, relevance, and clarity of content. The content of all Statements of Qualifications must be categorized and numbered as outlined below, and responsive to all requested information:

STATEMENT OF QUALIFICATIONS

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(DELIVERABLES “A”, “B”, "C" and “D”)

A. Description and Resources of Firm

A1-Provide basic company information: Company name, address, name of primary contact, the year the company was established, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Identify office from which the project will be managed, it’s proximity to the project site.

Provide form of ownership, including state of residency or incorporation, and number of years in business. Is the offeror a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), joint venture, or other structure?

A2- Briefly describe the history and growth of your firm(s). Provide general information about the firm's personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices.

A3- Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with Owners, Architects and/or Contractors. List any active or pending litigation and explain.

A4- Provide name of insurance carrier, types and levels of coverage, and deductible amounts per claim

A5- List the firm’s annual revenue for the past 5 years.

A6- Provide the firm’s federal employer identification number (FEIN).

A7- Has the firm ever been removed from a Commissioning contract, had a contract terminated for default, or failed to complete a contract as assigned?

A8- Complete the Certification Form (Exhibit “A” enclosed with RFQ), and provide a scanned notarized copy with response as section “A8” of the firm’s Statement of Qualifications.

A9- Complete and submit a “CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)” (Exhibit “B”) with response as Section “A9” of the firm’s Statement of Qualifications. Failure to submit this form with Statement of Qualifications will result in the firm being eliminated from consideration for this project.

A10- Complete and submit the “Disclosure Statement” (Exhibit “C”) with response as Section “A10” of the firm’s

Statement of Qualifications.

B. Experience and Qualifications B1- Provide professional qualifications, certifications and description of experience for principal

Commissioning personnel. Firms that respond as joint teams will be expected to clearly demonstrate their team members’ shared experience, as a joint team, on prior projects of similar magnitude and complexity.

B2- Provide information on the firm’s commissioning experience on projects of similar type, size, function, and complexity. Describe no more than ten (10) and no less than five (5) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the project at hand. For each project, the following information should be provided:

a. Project name, location and dates during which services were performed.

b. Brief description of project and physical description (buildings, square footage, number of stories, site areas, systems commissioned).

c. Services performed by your firm.

d. Owner’s stated satisfaction level in the Commissioning and/or overall service of your firm.

e. Owner contact information.

f. Contractor and/or Architect contact information.

B3- Describe the firm’s experience and qualifications in Building Commissioning. Include any projects of

RFQ No. J-378-CX Academic Building Addition - UNG Page 9 relevant complexity, including experience in providing services in projects similar to that of incumbent project. Include any certifications, industry ratings, and achievement recognitions, etc., to attest to the level of experience and success. Include any projects where scope of services has included building envelope commissioning. Describe innovations that the firm might have introduced or employed to increase the project’s adherence to technical standards.

C. Statement of Suitability

C1- Provide any information that may serve to differentiate the firm from other firms in suitability for the project.

Suitability may include, but is not limited to, the firm’s fit to the project and/or needs of the Owner, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any services offered by the firm that may be particularly suitable for this project.

C2- Provide any non-discrimination policies of the firm, and the firm’s history of W/MBE inclusion in sourcing for projects.

C3- Describe the firm’s history and methodologies of addressing public safety, environmental, or other related concerns.

D. Proposed Team

D1- Provide the proposed organization of the CxA Team for this project including individuals and their roles and responsibilities.

D2- Provide proposed CxA Plan for the project including firm’s proposed overall role in this project, your anticipated level of management responsibility and accountability for project concerns; your project reporting process and process for efficiently addressing and reporting discrepancies as well as your follow up procedures. Describe your approach to the design review.

D3- Detail your proposed timeline covering the commissioning milestones throughout the commissioning process and describe your O&M Documentation and training process.

6. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to examine the entire RFQ and RFP, to seek clarification in writing, and review their submittal for accuracy before submitting the document. Once the submission deadline has passed, all submissions will be final. The Owner will not request clarification from individual respondents relative to their submission, but reserves the right to ask for additional information from all parties who have submitted qualifications. Questions about any aspect of the RFQ, RFP, or the project, shall be submitted in writing via e-mail to:

Jeff Lacks, Director of Procurement Services

404-463-5740 jeff.lacks@gsfic.ga.gov

The deadline for submission of questions relating to the RFQ is the time and date shown in the Schedule of Events (Section 3). All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled, and answers will be posted to the project information on the Georgia Procurement Registry at:

http://ssl.doas.state.ga.us/PRSapp/

7. SUBMITTAL OF STATEMENTS OF QUALIFICATIONS

Submit one (1) electronic copy of the complete package in .pdf format onto the GSFIC / Egnyte ftp site.

Uploaded responses (file names) must reference the RFQ No. J-378-CX, the firm’s name, and the word “Qualifications.”

mailto:jeff.lacks@gsfic.ga.gov http://ssl.doas.state.ga.us/PRSapp/

RFQ No. J-378-CX Academic Building Addition - UNG Page 10

(File Name Example: J-378-CX, ABC Company, Qualifications)

The entire submittal should be submitted as ONE (1) file. Please do not submit individual documents or sections separately.

UPLOAD INSTRUCTIONS

Upload one (1) electronic copy of the complete package in .pdf format onto the GSFIC / Egnyte ftp site by selecting the link and following the upload instructions provided below.

https://gsfic.egnyte.com/ul/pNZmp64ims

Click on the provided link above, when the page opens, enter name, email address, and company name, click “Continue.”

Drag and drop your file or click the “Browse” button to select a document from your computer. You should see an upload progress bar and when it gets to 100% the upload is complete.

Proposers are reminded that failure to comply with the following could result in your submission being deemed non-responsive. Non-responsive submittals will not be considered by the selection committee:

The total page count of the submittal must not exceed 40 pages. All pages count regardless of content -including the cover, blanks, exhibits, appendices, etc.

No links to external electronic documents are permitted.

Be sure to include the following completed exhibits in your submission. (Forms located at the end of this document):

o Exhibit A – Certification Form.

o Exhibit B – Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l) o Exhibit C – Disclosure Statement.

Statements of Qualifications must be electronically received by the Owner prior to the deadline indicated in the Schedule of Events (Section 3 of this RFQ).

Printed copies will not be accepted.

Firms are encouraged to verify with GSFIC that their submittal was received and should do so on the date they are due. Contact Jeff Lacks; phone: 404-463-5740 email: jeff.lacks@gsfic.ga.gov, or the main GSFIC number 404-463- 5600, for assistance or confirmation that the file was received.

(Experience with the ftp site indicates that uploads do not always receive the confirmation statement that the file was “successfully uploaded.” Typically, for files ranging in size from 5 – 10 Mb, it should not take more than one or two minutes to complete the upload.)

mailto:jeff.lacks@gsfic.ga.gov

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8. ADDTIONAL TERMS AND CONDITIONS

Submittal Costs and Confidentiality All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The Owner is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the Owner. Labeling information provided in submittals “proprietary” or “confidential,” or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

Award Conditions This request is not an offer to contract or a solicitation of bids. This request and any proposal submitted in response, regardless of whether the proposal is determined to be the best proposal, is not binding upon the Owner and does not obligate the Owner to procure or contract for any services. Neither the Owner nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the Owner and a party containing such terms and conditions as are negotiated between those parties. The Owner reserves the right to waive non-compliance with any requirements of this Request for Proposal and to reject any or all proposals submitted in response.

Upon receipt and review of responses, the Owner will determine the party(s) and proposal that in the sole judgment of the Owner is in the best interest of the Owner (if any is so determined), with respect to the evaluation criteria stated herein. The Owner then intends to conduct negotiations with such party(s) to determine if a mutually acceptable contract may be reached and in the course of doing so may use ideas expressed in any proposal.

Evaluation of Submittals and Qualifications Evaluation of submittals and firms’ qualifications will be conducted by a committee consisting of various project stakeholders. Based upon the predetermined rating criteria contained in the RFQ, the committee will assign a composite rating to the deliverables of each statement of qualifications and proposal submitted.

Proposers understand and accept that by responding to this solicitation they are willingly participating in a process that consists to some degree of subjectivity on the part of selection committee members in determining the firm(s) capable of providing the best overall solution.

Reciprocal Preference Law For the purposes of evaluation only, a proposer that resides in the State of Georgia will be granted the same preference over proposers that reside in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other State to proposers that reside therein. For the purposes of this law, the definition of a resident proposer is one who maintains a place of business with at least one employee inside the State of Georgia. A P.O. Box address will not satisfy this requirement.

Joint-Venture Proposals GSFIC does not generally desire to enter into “joint-venture” agreements with multiple Construction Management firms.

In the event two or more firms desire to “joint-venture,” it is strongly recommended that one incorporated firm propose and maintain status as the Construction Management Firm with the remaining firms participating as major consultants.

Small and Minority Business Enterprise It is the policy of the state of Georgia that minority-owned business enterprises (MBE), woman-owned business enterprises (WBE) and small business enterprises (SBE), have a fair and equal opportunity to participate in the state purchasing process. Therefore, the Owner encourages all MBE, WBE and SBE to compete for contracts to provide goods, services, and construction, and encourages contractors to solicit MBE, WBE and SBE in procuring subcontractors and suppliers. This desire on the part of the Owner is not intended to restrict or limit competitive

RFQ No. J-378-CX Academic Building Addition - UNG Page 12 bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development.

Contractors and subcontractors who utilize qualified minority subcontractors may qualify for a Georgia state income tax credits for qualified payments made to minority subcontractors. In accordance with the Official Code of Georgia Annotated (O.C.G.A.) Section 48-7-38, when computing taxable net income of a Georgia based corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to certified minority subcontractors for state-agency-related construction projects. For more information on filing only, contact the Georgia Department of Revenue at 404-417-2399.

A company cannot receive an MBE Certification with the state of Georgia government without first receiving the DBE certification. To obtain information on the DBE/MBE Certification contact:

Georgia Department of Transportation One Georgia Center 600 West Peachtree NW Atlanta, Georgia 30308 404-631-1990

DOAS Supplier Relations 200 Piedmont Avenue, S.E. Suite 1308, West Tower Atlanta, Georgia 30334-9010 404-657-6000

Statement of Agreement With submission of a proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal, and the Proposer agrees that it is the Proposer’s responsibility to request clarification on any issue(s) in any section of the Request for Proposal with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements in the therein. With submission of a proposal, the Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that Proposer has not directly or indirectly included or solicited any other Proposer to put in a false or insincere proposal; (c) that Proposer has not solicited or induced any person, firm, or corporation to refrain from sending a proposal.

Debarred, Suspended or Ineligible Firms Contracts will not be executed and bids or proposals will not be solicited or considered from debarred, suspended or ineligible persons or firms during the period of debarment. The list of debarred, suspended or ineligible firms can be located on the Georgia State Financing and Investment Commission’s website at http://www.gsfic.georgia.gov. Once on the website, select the “Doing Business with GSFIC” tab, then select “Procurement Services,” then click on the “Debarred, Suspended or Ineligible Firms” link for access to the list of those firms currently considered debarred, suspended or ineligible to compete, contract or subcontract for work on projects administered by the Georgia State Financing and Investment Commission.

Restriction of Communication From the issue date of this (RFQ/RFP) solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate about this solicitation or this Project for any reason with any members of the Selection Committee, except for submission of questions as instructed in the RFQ/RFP, or during the proposer's conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the Owner reserves the right to reject the proposal of the offending proposer.

End of Section http://www.gsfic.georgia.gov/

RFQ No. J-378-CX Academic Building Addition - UNG Page 13

LIST OF EXHIBITS

Exhibit A- Certification Form Exhibit B- Contractor Affidavit under O.C.G.A. § 13-10-91 (b)(l) Exhibit C - Disclosure Statement Exhibit D - Systems to Commission

(Exhibit A)

CERTIFICATION FORM

I, _, being duly sworn, state that I am _(title) of (firm) and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto.

I further certify that to the best of my knowledge the information given in response to the request for proposals is full, complete and truthful.

I further certify that the proposer and any principal employee of the proposer has not, in the immediately preceding five years, been convicted of any crime of moral turpitude or any felony offense, nor has had their professional license suspended, revoked or been subjected to disciplinary proceedings.

I further certify that the proposer has not, in the immediately preceding five years, been suspended or debarred from contracting with any federal, state or local government agency, and further, that the proposer is not now under consideration for suspension or debarment from any such agency.

I further certify that the proposer has not in the immediately preceding five years been defaulted in any federal, state, or local government agency contract and further, that the proposer is not now under any notice of intent to default on any such contract.

I acknowledge, agree and authorize, and certify that the proposer acknowledges, agrees and authorizes, that the Owner and/or GSFIC may, by means that either deems appropriate, determine the accuracy and truth of the information provided by the proposer and that the Owner and/or GSFIC may contact any individual or entity named in the Statement of Qualifications for the purpose of verifying the information supplied therein.

I acknowledge and understand the successful Proposer will be required to certify compliance with the

Immigration Reform Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with the provisions in the Act and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300- 10-1-.01: Contractor will also be required to warrant that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the Owner to award a contract.

A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial of rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18 U.S.C. §§1001 or 1341.

Sworn and subscribed before me

This day of , 20 .

Signature

NOTARY PUBLIC NOTARY SEAL

My Commission Expires:

(Exhibit B)

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any Contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor;

and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Project

Georgia State Financing and Investment Commission Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20 _,

NOTARY PUBLIC

My Commission Expires:

Exhibit C

DISCLOSURE STATEMENT

All proposers should be aware that the project you are submitting a proposal on is a public project, and the Owner (GSFIC) is a public agency. Pursuant to the laws, rules and Executive Orders of the State of Georgia, GSFIC shall make every effort to avoid even the appearance of a conflict of interest or any impropriety in both the selection process for this project and the negotiation and performance of any resulting contract. As part of any submittal you intend to make for this project, you must include this Disclosure Statement with your submittal that answers or addresses the following specific statements:

1. Describe any business transactions occurring within the prior two years between your firm and GSFIC, the Using Agency, or the ultimate end-user of the proposed project.

2. Describe any gift, hospitality, or benefit of any sort that your firm has provided to GSFIC, the Using Agency, or the end-user of the proposed project within the prior one-year period.

3. A conflict of interest or potential conflict of interest is defined as any action, decision, or recommendation by a person acting in a capacity as a public official, the effect of which is or could be to the private monetary or financial benefit or detriment of the person, the person’s relative, or any business with which the person or a relative of the person is associated. The potential conflict of interest is viewed from the perspective of a reasonable person who has knowledge of the relevant facts. Based upon this definition, describe any conflict of interest or potential conflict of interest that your firm has with GSFIC, the Using Agency, or the end-user of this project.

This Disclosure Statement should be dated and signed by an authorized signator for the Proposer and submitted with the Proposer’s Submittal as deliverable A10.

Name of Firm

Authorized Signature Date

EXHIBIT D

SYSTEMS TO BE COMMISSIONED

Given the early stage in the project when this Request for Qualifications was advertised the specific systems and equipment that would be used in the building had not yet been determined.