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TOM GREEN COUNTY, TEXAS

REQUEST FOR PROPOSAL

GOODFELLOW AIR FORCE BASE DEAAG CONSTRUCTION – SOUTH GATE GUARDHOUSE REMODEL

RFP 26-013

Prepared By:

Tom Green County Auditor 113 West Beauregard

San Angelo, Texas 76903 Phone 325-659-6500 purchasing@co.tom-green.tx.us

Release Date: 6/30/2026

Due Date: 8/12/2026 mailto:purchasing@co.tom-green.tx.us

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TABLE OF CONTENTS

Page

I. INTRODUCTION

II. REQUEST FOR PROPOSAL

1. PROPOSAL SUBMISSION

2. LATE PROPOSAL

3. ALTERING PROPOSAL

4. WITHDRAWAL OF PROPOSAL

5. PROPOSAL OPENING

6. AWARD OF PROPOSALS

7. SITE VISIT

8. FORMATION OF CONTRACT

9. CONTRACT TERM

10. TIME……

11. LIQUIDATED DAMAGES

12. EVALUATION CRITERIA AND FACTORS

13. REFERENCES

14. INSURANCE

15. TERMINATION

16. SEVERABILITY

17. DUTY OF VENDOR

18. PERFORMANCE OF CONTRACT

19. CAVEAT

20. VARIATION IN QUANTITY

21. NON-EXCLUSIVE CONTRACT

22. REQUIREMENTS OF SPECIFICATIONS

23. SILENCE OF SPECIFICATIONS

24. CONFLICT OF INTEREST

25. CONFIDENTIALITY

26. ADDENDA

27. CHANGE ORDERS

28. ASSIGNMENT

29. VENUE

30. SUBMITTAL OF CONFIDENTIAL MATERIAL

31. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

32. INDEMNIFICATION

33. WARRANTY

34. SALES TAX

35. DELIVERY

36. TITLE AND RISK OF LOSS

37. DESIGN, STANDARDS, AND PRACTICES

38. PATENTS/COPYRIGHTS

39. INVOICES AND POINT OF CONTACT

40. PAYMENT

41. FUNDING

42. DISCOUNTS

43. DEBARMENT

44. CONFLICTS BETWEEN REQUEST FOR PROPOSAL AND PROPOSAL

45. COMPLIANCE

46. DISCRIMINATION

47. CONFLICT OF INTEREST QUESTIONAIRE (CIQ)

48. HB 1295

49. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

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50. PREVAILING WAGE RATE

51. PROPOSAL SECURITY

52. RETURN OF PROPOSAL SECURITY

53. PERFORMANCE AND PAYMENT BOND

54. WAIVER OF BONDS

55. TEXAS STEEL RESOLUTION

56. BUY AMERICAN

SITE VISIT BASE ACCESS REQUEST FORM

III. QUALIFICATIONS

IV. STATEMENT OF OBJECTIVES

1. RFP 26-013 SPECIFICATIONS

2. RFP 26-013 PROJECT DRAWINGS

3. RFP 26-013 SUBMITTAL REGISTER

4. RFP 26-013 – AF3000 TEMPLATE

5. RFP 26-013 - EMCS CHECKLIST SPREADSHEET

6. RFP 26-013 - EQUIPMENT LIST AF FORM 3136

7. RFP 26-013 - PROJECT CLOSEOUT CHECKLIST

ATTACHMENT A: DAVIS BACON WAGE DETERMINATION

CHECKLIST FOR CERITICATIONS AND DOCUMENTATION

EXHIBITS & CERTIFICATIONS

PROPOSAL COST WORKSHEET

SUBMISSION AFFIDAVIT

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I. INTRODUCTION

Proposals are being accepted for RFP 26-013: “GOODFELLOW AIR FORCE BASE DEAAG CONSTRUCTION:

South Gate Guardhouse Remodel”. This RFP is provided by Tom Green County (the County) for the purpose of soliciting proposals from prospective vendor(s) to provide construction and renovation services for the south entrance guard building at Goodfellow Air Force Base (GAFB), Texas: Funding for this project has been provided by the Texas Military Preparedness Commission in the form of a Defense Economic Adjustment Assistance Grant (DEAAG). There are multiple projects covered under this funding. The total construction budget for this project is $1,184,596.

The selection process for this project will be accomplished by the Competitive Sealed Proposal process as provided in Texas Government Code Chapter 2269. Respondents are requested to provide qualification information and pricing information for this RFP.

The contractor shall furnish all labor, tools, equipment and materials in order to fulfill the obligations of this contract. Tom Green County reserves the right to reject any proposal which: fails to meet the mandatory requirements as stated; does not comply with the specification requirements of the RFP; or exceeds budgetary expectations. These are the only approved instructions for use on your proposal.

Items contained herein apply to and become a part of Terms and Conditions of the proposal. Any exceptions thereto must be in writing.

SCHEDULE

Issue RFP June 30, 2026 Deadline to submit site visit request for base pass July 9, 2026 Site Visit July 16, 2026 Written Inquiries must be received by July 24, 2026 Responses to inquiries will be posted by July 31, 2026 Proposals Due August 12, 2026

Please be sure to submit all required forms and documentation.

*SUBMISSION AFFIDAVIT MUST BE SIGNED, NOTORIZED, AND INCLUDED WITH PROPOSAL. FAILURE

TO INCLUDE WILL DISQUALIFY SUBMISSION.

Questions concerning this RFP should be directed in writing to Tom Green County Auditor’s Office, Dustin Klein. Email to purchasing@co.tom-green.tx.us

*Any catalog, brand name or manufacturer’s reference used in a proposal invitation is descriptive-NOT restrictive-it is used only to indicate type and quality desired. Proposals on brand of like nature and quality will be considered. If the proposal is based on other than the reference specifications, the proposal must show the manufacturer, brand or trade name, lot number, etc., of the article offered. If other than the brands(s) specified is offered, illustrations and complete descriptions should be made part of the proposal. If the offeror takes no exception to specifications or reference data, he/she will be required to furnish brand names, numbers, etc. as specified.

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II. REQUEST FOR PROPOSAL

1. PROPOSAL SUBMISSION

The offeror is expected to thoroughly examine the specifications and all instructions contained in this RFP.

PROVIDE ONE (1) ORIGINAL AND FOUR (4) COPIES OF YOUR PROPOSAL (ORIGINAL SIGNED IN INK

AND ALL SEALED IN A MARKED ENVELOPE) TO:

TOM GREEN COUNTY AUDITOR

113 WEST BEAUREGARD

SAN ANGELO, TEXAS 76903-5834

325-659-6500

Sealed proposals shall be received no later than:

2:00 p.m. Wednesday, August 12, 2026

And will be publicly opened in the County Auditor’s Conference Room located on the second floor of the Judge Edd B and Frances Frink Keyes Building at

113 W. Beauregard Ave., San Angelo, Texas

At 2:05 p.m.

MARK THE OUTSIDE OF EACH ENVELOPE:

“RFP 26-013: GAFB DEAAG Construction – South Gate Guardhouse Remodel”

In the event that Tom Green County Offices are officially closed on a proposal opening day, proposals will be received until 2:00 p.m. on the next business day, at which time the proposals will be publicly opened.

If offeror does not wish to submit an offer at this time but desires to remain on the list for this service, please submit a “NO OFFER” by the same time and at the same location as stated above.

If response is not received for three consecutive RFPs, offeror shall be removed from list. If however, you choose to “NO OFFER” this service and wish to remain on list for other services, please state the particular service under which you wish to be classified.

Tom Green County is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. We would appreciate your indicating on any “NO OFFER” response, the requirements of this RFP which may have influenced your decision to “NO OFFER”.

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2. LATE PROPOSALS

Proposals received after submission deadline shall be returned unopened and will be considered void and unacceptable and they will be returned unopened to the offeror. Offeror should allow sufficient mailing time to ensure the timely receipt of their proposal or proposals may also be hand delivered prior to deadline. Tom Green County is not responsible for lateness of mail, carrier, etc., and time/date recorded by the County Auditor’s Office shall be the official time of receipt.

3. ALTERING PROPOSALS

Any interlineations, alteration, or erasure made to the PROPOSAL must be initialed by the signer of the proposal prior to receiving time, guaranteeing authenticity.

4. WITHDRAWAL OF PROPOSAL

Proposals may be withdrawn at any time prior to the official opening. A proposal may not be withdrawn or cancelled by the offeror for a period of ninety (90) days following the date designated for the receipt of PROPOSAL, without prior approval by the Commissioners Court based on a written acceptable reason. Offeror so agrees upon submittal of their PROPOSAL.

5. PROPOSAL OPENING

Proposals will be received and publicly acknowledged at the location, date, and time stated above.

Offerors, their representatives and interested persons may be present. Proposals shall be received and acknowledged only so as to avoid disclosure of the contents to competing offerors and kept secret during the negotiation/evaluation process.

NOTE: All proposals shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the PROPOSAL so identified by offeror as such. Confidential information must be on a separate page and each page clearly marked as such.

6. AWARD OF PROPOSALS

Tom Green County will review all responses to assure compliance with the specifications. Vendor may be excluded from further consideration for failure to comply with the specifications of the RFP. The County reserves the right to reject in whole or in part any or all proposals, waive minor technicalities, informalities, or irregularities and award the proposal as it shall deem best serves the interest of Tom Green County. Award of contract will be executed by the Tom Green County Commissioners Court. However, any part of vendor’s contract, which contradicts any part of the requirements of this Request for Proposals, shall be considered null and void. Receipt of any proposal shall under no circumstances obligate Tom Green County to accept the lowest proposal.

The award of the contract shall be made to the responsible offeror whose proposal is determined to be the lowest and best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other evaluation factors set forth in the RFP.

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7. SITE VISIT

A non-mandatory site visit will be held on location at GAFB South Gate. Meeting at 2:00 p.m. on July 16, 2026. Check-in at the Temporary Visitor’s Center located at the North Gate for your base pass. PLEASE ARRIVE EARLY TO ENSURE YOU ARE ON BASE BY 1:30 PM. THIS IS AN ESCORTED SITE

VISIT AND LATE ARRIVALS MAY NOT BE PERMITTED TO ENTER.

Pre-authorization for a security pass is required for any prospective vendor or representative wishing to attend the site visit. Site Visit Base Access Request Form must be filled out and submitted by 5:00 p.m. July 10, 2026 (See SITE VISIT BASE ACCESS REQUEST FORM). Certain information is required ahead of the date in order to issue a security pass and ensure ease of access on the day of the site visit. Security passes will only be authorized for the day of the site visit. EMAIL IS ACCEPTABLE; HOWEVER IT IS THE CONTRACTOR’S RESPONSIBILITY TO ENSURE

RECEIPT BY THE COUNTY.

8. FORMATION OF CONTRACT

A response to this solicitation is an offer to contract with Tom Green County based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation shall become a contract when awarded by the Tom Green County Commissioners Court and a purchase order or notice of award is mailed or otherwise furnished to the successful offeror. Formal contract to follow.

9. CONTRACT TERM

Contract will be from award by the Tom Green County Commissioners Court until completion of project.

10. TIME

The completion of this construction must be completed within the designated periods of performance from Notice to Proceed (NTP). The parties expressly agree that time is of the essence of this Agreement.

11. LIQUIDATED DAMAGES

The parties agree that the actual damages that might be sustained by TGC by reason of the breach by proposer of its covenant to complete any part of awarded project by stated deadlines are uncertain and would be difficult to ascertain, and that the sum of $3000.00 for each day that the performance is not completed would be reasonable compensation for such breach. Obligor hereby promises to pay, and Obligee hereby agrees to accept, such sum as liquidated damages, and not as a penalty, in the event of such breach.

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12. EVALUATION CRITERIA AND FACTORS

The award (if any) of contracts shall be made to the responsible offerors whose submittals are determined to be the most advantageous to, and in the best interest of Tom Green County while taking into consideration factors set forth in the Request for Proposal in accordance with the Texas Government Code, Chapter 2269.

NOTE: Best value shall be determined by any relevant criteria specifically listed in the solicitation and by considering all or part of the criteria listed below:

a. Reputation of the Vendor and of Vendor’s goods and services.

b. The quality of the Vendor’s goods or services.

c. The extent to which the goods or services meet the County’s needs.

d. Vendor’s past relationship with the County. All vendors shall be evaluated on their past performance and prior dealings with the County to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, and late delivery.

The Tom Green County Auditor has prepared the RFP and will provide resource information to the Tom Green County Commissioners Court, who will evaluate proposals. The Commissioners Court may designate a representative or a review committee for this purpose. Discussions may be conducted with reasonable proposers who submit proposals determined to be reasonably susceptible of being selected for award. All proposers will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revision of proposals may be permitted after submission and before award for the purpose of obtaining best and final offers as determined to be in the best interest of the County.

Individual evaluators designated by the Commissioners Court will review the proposals and assign points to each category based on the following metrics:

Evaluation Criteria Scoring Methodology Weight Rating Name Description

0 Does not meet Does not meet requirements at all, or information is missing.

1-2 Slightly meets Has limited ability to satisfy requirement. Serious deficiencies exist that cannot be easily worked around.

3-5 Partly meets Has significant deficiencies in meeting requirements. These limitations could be worked around with effort.

6-8 Mostly meets Largely meets the requirement, deficiencies could be worked around with minimum effort and few compromises.

9-10 Fully meets Adequately meets requirement with no compromises.

Pricing Cost Evaluation (Lowest submitted price /Proposed price) X Total Possible Points = Points Received

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The following criteria will be used to evaluate firms:

A. Experience and Qualifications

Points Possible

1. Firm’s previous experience with similar types of construction projects at or above the projected dollar value budgeted for this project, government-funded construction projects preferred

2. Firm’s ability and commitment to mobilize appropriate resources, proposed construction schedule

3. Qualifications and participation of Key Personnel 10 Possible Points Awarded for this Section 30

B. Prior Work Performance (references and prior experience) Points

1. Past projects completed on schedule 10

2. Manages projects within budgetary constraints 10

3. Work product is of high quality 10

C. Pricing Points

1. Proposed Cost of Construction 40 Possible Points Awarded for this Section 40

Pre-Interview Total Points 100 Interviews may be conducted with selected firms at the discretion of the evaluation committee

D. Interviews Points

1. Key Staff Present & Involved in Interview 10

2. Presentation / Demonstrated Knowledge 10

3. Responsiveness to Questions and Ability to Clarify

Information

Cumulative Total Points 130

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13. REFERENCES

Offeror shall supply with this proposal a list of at least three (3) references where like services and/or products are provided in the public sector. Include name of entity, address, telephone number and name of representative. Note: See Exhibit A – Vendor Reference Form.

14. INSURANCE

The contractor shall provide Worker’s Compensation coverage.

The contractor shall provide Comprehensive General (Public) Liability Insurance of $1,000,000 (combined single limit for bodily injury and property damage) to include (but not limited to) premises/operation, independent contractors, personal injury, products/completed operations and contractual liability.

Comprehensive Automobile Liability insurance for owned/leased vehicles, non-owned vehicles or hired cars shall be provided in the minimum amount of $1,000,000 (combined single limit for bodily injury and property damage.) The contractor shall provide the County with certificates of insurance evidencing the required insurances within 10 calendar days of the Notice of Award.

The contractor further agrees that with respect to the above required insurances, the County shall be named as an additional insured as its interest may appear; be provided with a waiver of subrogation; and be provided with thirty (30) days advance notice in writing, of cancellation or material change.

15. TERMINATION

The obligation to provide further service under the terms of the resulting agreement may be terminated by the either party upon sixty (60) days written notice. Tom Green County reserves the right to terminate upon breach of contract as allowed by law.

16. SEVERABILITY

If any part of this proposal is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

17. DUTY OF VENDOR

In order for proposals to be compared on an identical basis, it is necessary that all portions of the document, including requests for specific information about, services, reference forms and general information regarding the vendor be completed and adhered to.

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18. PERFORMANCE OF CONTRACT

The contractor shall perform all work in a superior workmanlike manner and products shall be delivered in the condition requested, to the satisfaction of the Tom Green County Commissioners Court or designated representatives.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the proposal. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to County’s approval.

Unsatisfactory material will be returned at Seller’s expense.

Tom Green County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of resulting contract award.

19. CAVEAT

Although every effort has been made to provide accurate and up-to-date information, companies interested in supplying proposals should contact the County Auditor with any questions you may have (see “Introduction”).

20. VARIATION IN QUANTITY

The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

21. NON-EXCLUSIVE CONTRACT

It is expressly understood and agreed that in case Tom Green County should need any item(s) not available from the successful vendor during the term of this contract within the time frame requested, Tom Green County reserves the right to purchase these items from other than the successful vendor. This shall not be in violation of any terms or conditions of this contract. Further, Tom Green County reserves the right to purchase from or seek another vendor if, at any time, the vendor’s prices do not conform to public pricing.

22. REQUIREMENTS OF SPECIFICATIONS

Each offeror shall be held to have examined the requirements of the RFP under consideration and confirm he fully understands the RFP and the County’s needs and satisfies himself that he is cognizant of all factors relating to requirements contained in the RFP.

23. SILENCE OF SPECIFICATIONS

The apparent silence of the RFP as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the RFP shall be made on the basis of this statement.

24. CONFLICT OF INTEREST

No public official shall have interest in a contract, which results from this RFP, in accordance with Vernon’s Texas Codes Annotated Local Government Code Title 5, Subtitled C, Chapter 171.

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25. CONFIDENTIALITY

All information disclosed by Tom Green County to successful offeror for the purpose of the work to be done or information that comes to the attention of the successful offeror during the course of performing such work is to be kept strictly confidential.

26. ADDENDA

Only questions regarding clarification of instructions may be handled verbally. Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in the Tom Green County Auditor. Any addendum will be sent via email to those companies known to be in possession of the proposal document. Offerors are responsible for ensuring that a correct email address is listed in the County’s vendor database and may email purchasing@co.tom-green.tx.us to update this information or to specifically request copies of any addenda issued. It is the responsibility of the Offeror to ensure that all addenda are received and included with their submission. Failure to submit all signed addenda may result in proposal being considered non-responsive.

27. CHANGE ORDERS

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing.

28. ASSIGNMENT

The successful offeror shall not sell, assign, transfer or convey any contract resulting from this RFP, in whole or in part, without the prior written consent of the Tom Green County Commissioners Court.

29. VENUE

This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tom Green County, Texas.

30. SUBMITTAL OF CONFIDENTIAL MATERIAL

Any proposed material that is to be considered as confidential in nature must be on a separate page and clearly marked as such by the proposer and will be treated as confidential by Tom Green County to the extent allowed by law.

31. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

A prospective offeror must affirmatively demonstrate their responsibility and ability to meet the following requirements:

1. Has adequate financial resources, or the ability to obtain such resources as required;

2. Have a satisfactory record of performance;

3. Have a satisfactory record of integrity and ethics;

4. Be otherwise qualified and eligible to receive an award.

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Tom Green County may request representation and other information sufficient to determine the offeror’s ability to meet these minimum standards listed above.

32. INDEMNIFICATION

By entering into this contract, the successful offeror agrees to defend, indemnify and hold harmless Tom Green County and all its officers, agents, and employees from all suits, causes of actions, or other claims of any character, name and description brought for or on account of any injuries of damages received or sustained by any person, persons, or property on account of any breach, negligent act or fault of the successful offeror, or of any agent, employee, subcontractor, invitee or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful offeror shall pay judgments with costs, including attorney fees, expenses and costs of court, which may be obtained, against Tom Green County growing out of such injury or damages.

33. WARRANTY

The Vendor shall not limit or exclude any express, written, or implied warranties and any attempt to do so shall render this contract voidable at the option of Tom Green County. The offeror warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the proposal invitation, and to the sample(s) furnished by the offeror, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

SAFETY WARRANTY: The vendor warrants that the product sold to the County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, the County may return the product for correction or replacement at the vendor’s expense. In the event the vendor fails to make the appropriate correction within a reasonable time, the correction made by the County will be at the vendor’s expense.

34. SALES TAX

Tom Green County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the proposed price shall not include such taxes.

35. DELIVERY

Proposal cost shall be F.O.B. Destination. If otherwise, show the exact cost to deliver by unit price, extend and show total. Actual costs will be based on quantities delivered.

If a delay is foreseen, the contractor shall give written notice to the County Auditor. The County has the right to extend the delivery date if the reason(s) appear valid. The Contractor must keep the County advised at all times on the order status. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies elsewhere and charge full increase in cost and handling to the defaulting contractor.

36. TITLE AND RISK OF LOSS

The title and risk of loss of goods shall not pass to the County until the County actually receives and takes possession of the goods at the point or points of delivery.

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37. DESIGN, STANDARDS AND PRACTICES

Design, strength, quality of materials and workmanship must conform to the highest standards of engineering practices and/or professional services.

38. PATENTS/COPYRIGHTS

The successful offeror agrees to protect Tom Green County from claims involving infringements of patents and/or copyrights.

39. INVOICES AND POINT OF CONTACT AFTER RFP IS AWARDED

Invoices shall be mailed directly to:

Dianna Spieker Tom Green County Treasurer 113 W. Beauregard San Angelo, Texas 76903 The invoices shall show:

1. Name and address of successful offeror;

2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time

40. PAYMENT

Payment will be made upon receipt and acceptance by the County of all completed services and/or products ordered and receipt of a valid invoice, in accordance with the Texas Government Code, Chapter 2251. Successful offeror is required to pay subcontractors within ten (10) days.

41. FUNDING

Funding for this project has been provided by the Texas Military Preparedness Commission in the form of a Defense Economic Adjustment Assistance (DEAAG) Grant with State and local matching funds. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Tom Green County fiscal year shall be subject to continued funding availability.

In the event funds do not become available, the contract may be terminated or the scope amended. There shall be neither penalty nor any additional charges incurred by the County. The offeror, in accepting the contract, agrees that the County shall not be liable for damages in the event that the contract is terminated due to a lack of funding.

42. DISCOUNTS

Discounts for prompt payment offered may be taken into consideration during the proposal evaluation. Terms of payment offered will be reflected in the space provided on the proposal cost worksheet. All terms of payment (cash discount) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later.

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43. DEBARMENT

Offeror certifies that at the time of submission of its proposal, Offeror was not on the federal government’s list of suspended, ineligible or debarred contractors and that Offeror has not been placed on this list between the time of its submission and the time of execution of the Contract. If Offeror is placed on this list during the term of the Contract, Offeror shall notify the Tom Green County Auditor. False certification or failure to notify may result in termination of the Contract for default.

In accordance with Texas Local Government Code Chapter 154.045, if a seller is found to be indebted to Tom Green County by manner of delinquent taxes, fines, fees, or indebtedness arising from other written agreements, then Tom Green County may offset payments under a contract to satisfy the outstanding debt and no payments will be made until the debt is paid in full.

44. CONFLICTS BETWEEN REQUEST FOR PROPOSAL AND PROPOSAL

Should a conflict arise between the terms and provisions of this RFP and the submission of the vendor, the terms and provisions of this RFP will prevail.

45. COMPLIANCE

All offerors will comply with all Federal, State and local laws relative to conducting business in Tom Green County including, but not limited to licensing, labor and health laws. The laws of the State of Texas will govern as to the interpretation, validity and effect of this proposal, its award, and any contract entered into.

46. DISCRIMINATION

During the performance of this contract, the successful offeror agrees as follows:

a. The successful offeror will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The successful offeror will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

b. The successful offeror will, in all solicitations or advertisements for employees placed by or on behalf of the successful offeror, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

c. The successful offeror will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the successful offeror’s commitments under this section.

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47. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ):

Chapter 176 of the Texas Local Government Code requires that any proposer or person considering doing business with a local government entity disclose in the Conflict of Interest Questionnaire the proposer’s or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. If applicable, this questionnaire, by law, must be filed with the records administrator of Tom Green County within seven (7) days of notice of potential award or within seven (7) days after submitting a proposal response. Additionally, a new form must be filed no later than the seventh (7th) business day after the person becomes aware of the facts that require the statement to be filed. The form can be found online at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm. By submitting a response to this proposal, the offeror represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. If required, send completed forms to the Tom Green County Clerk’s Office located at 124 West Beauregard Avenue, San Angelo, Texas 76903.

48. HB 1295

Offeror must complete a form 1295 filing, disclosure of interested parties, on the Texas Ethics Commission website. https://ethics.state.tx.us/filinginfo/1295/ This filing shall be completed with the RFP, and prior to the issuance of any notice to proceed. For form item # 3 use “RFP # 26-013”.

49. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

Government Code 2271 prohibits governmental entities (which include cities, counties, public school, special purpose districts, etc.) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. This requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract.

50. PREVAILING WAGE RATES

The Davis-Bacon and related acts apply to contractors and subcontractors performing the construction of a public work.

Penalty: If the selected respondent or any subcontractor fails to comply with the prevailing wage law, it shall forfeit to the County sixty dollars ($60.00) per calendar day or part of the day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code.

Refer to Attachment: Wage Determination

TX20260282 “Building” will be used for this project.

https://ethics.state.tx.us/filinginfo/1295/

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51. PROPOSAL SECURITY

If the proposal exceeds $100,000, the submission must be accompanied by a Surety Bond, executed with a surety company authorized to do business in this state, drawn to the order of the OWNER in the sum of not less than five per cent (5%) of the total amount of the proposal. The proposal bond must be executed by a surety meeting the requirements set forth in stated conditions.

The bond shall be made payable without condition to Tom Green County, Texas, hereinafter referred to as OWNER. The bond may be retained by and shall be forfeited to the OWNER as liquidated damages if the proposal is accepted and a contract based thereon is awarded and the Offeror should fail to fulfill contract in the form prescribed, with legally responsible sureties, within thirty (30) days after such award is made by OWNER.

52. RETURN OF PROPOSAL SECURITY

The proposal bond of the successful offeror will be retained until offeror has furnished the required Contract Security and Insurance, whereupon proposal bond will be returned. If offeror fails to furnish the required Contract Security and Insurance within thirty (30) days of the Notice of Award, OWNER may annul the Notice of Award and the proposal security of the Offeror will be forfeited. OWNER may retain the proposal security of any Offeror whom OWNER believes to have a reasonable chance of receiving the award until the day after the required documents are delivered by successful CONTRACTOR to OWNER but not to exceed 45 days after the initial notice of award by the Tom Green County Commissioners Court.

53. PERFORMANCE AND PAYMENT BONDS

1. Vendor shall comply with bond thresholds stated below:

a) Performance Bond: If the proposal exceeds $100,000, and having satisfied all Conditions of award as set forth elsewhere in these documents, the successful offeror shall, within 30 days of award notice and prior to commencement of work, furnish a performance bond(s) in a penal sum of at least the full amount of the contract as awarded, in the form included in the specifications, which secures the faithful performance of the contract.

b) Payment Bond: If the proposal exceeds $25,000, and having satisfied all Conditions of award as set forth elsewhere in these documents, the successful offeror shall, within 30 days of award notice and prior to commencement of work, furnish a payment bond (s) in a penal sum of at least the full amount of the contract as awarded which secures the payment of all persons, firms or corporations to whom the CONTRACTOR may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work.

2. On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. Bond(s) shall bear the date as a date subsequent to, the date of the contract, and not later than the 30th day after a contract is executed. The current power of attorney for the person who signs for any surety company shall be attached to such bond.

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3. The failure of the Successful Offeror to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the COUNTY may grant based upon reasons determined adequate by the County, shall constitute a default, and the county may either award the contract to the next reasonable Offeror or re-advertise for proposals, and may charge against the Offeror the difference between the amount of the proposal and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the proposal guarantee.

54. WAIVER OF BONDS

The requirement for Performance bonds may be waived under the following conditions:

a) The total contract sum is one hundred thousand dollars ($100,000.00) or less.

b) The general contractor agrees to one lump sum payment at completion of the project in lieu of standard monthly progress payments. Both of the above requirements must be met for waiver of Performance Bonds to occur.

55. TEXAS STEEL RESOLUTION

On February 21, 2017 Tom Green County Commissioner’s Court passed the Tom Green County Texas Steel Resolution stating that “The Tom Green County Commissioners Court believes domestic iron and steel should be given preference in all local projects over foreign imports to support a strong, sustainable Texas Iron and Steel Industry and to ensure the use of high quality products in our public works projects”.

56. BUY AMERICAN – CONSTRUCTION MATERIALS

FAR 52.225-9 Buy American - Construction Materials. (October 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

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However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States;

or

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of

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Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

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(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i)The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components. (1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the…