Texas General Land Office -i- RFP No. 8652-ST

TEXAS GENERAL LAND OFFICE

is

REQUESTING COMPETITIVELY SEALED PROPOSALS

for

Coastal Construction Services for

Indian Point Causeway Shoreline Protection CEPRA Project No. 1739

REQUEST FOR PROPOSALS NO. 8652-ST

Class 912 / Items 23, 44; Class 914 / 84; Class 959 / Items 29, 35;

Class 988 / Item 14

Release Date: July 17, 2026

Deadline for Submission: August 27, 2026 at 2:00 p.m. CT

Solicitation Point of Contact: Susan Tipton-Hines, CTCD, CTCM

Susan.Tipton-Hines@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all Respondents in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each

Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Susan.Tipton-Hines@GLO.Texas.Gov http://www.txsmartbuy.gov/esbd

Texas General Land Office -ii- RFP No. 8652-ST

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

Executive Summary

Definitions

Authority

ARTICLE II. SCOPE OF WORK

Scope of Services Requested

Description of Services and Special Conditions

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

2.2.3 Environmental and Wildlife Protection

2.2.4 Permits and Fees

2.2.5 Site Visit/Inspection

2.2.6 Reporting Requirements and Milestone/Work Progress Schedule

Uniform General Conditions and Contract Documents

Construction Period and Contract Term

Liquidated Damages

ARTICLE III. ADMINISTRATIVE INFORMATION

Schedule of Events

Inquiries

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.2.5 Pre-Proposal Conference (Optional)

Solicitation Response Composition

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

Solicitation Response Submission and Delivery

3.4.1 Deadline

Texas General Land Office -iii- RFP No. 8652-ST

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

Evaluation Criteria

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

Short List

Interviews

Best and Final Offer (BAFO)

Contract Award

ARTICLE V. REQUIRED RESPONDENT INFORMATION

Respondent Information

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

Technical Proposal

Past Projects

Major Subcontractor Information

Litigation History

Veteran-Owned Historically Underutilized Business (VetHUB)

Conflicts

Safety Information

Quality Control Program

Cost Control Program

Non-Collusion Affidavit

ARTICLE VI. COST PROPOSAL

6.1 Cost Proposal

ARTICLE VII. TERMS AND CONDITIONS

Texas General Land Office -iv- RFP No. 8652-ST

7.1 General Conditions

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 Insurance

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 Performance and Payment Bonds

7.3.1 Performance Bond

7.3.2 Payment Bond

7.4 Financial Capability

7.4.1 Financial Capability Review

7.4.2 Annual Reports

7.5 Protest

7.6 Contract Terms and Solicitation Acceptance

7.7 Vendor Performance Reporting

7.8 Certificate of Interested Parties

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

EXHIBIT C. VETHUB SUBCONTRACTING PLAN ......................................................... C-1

Texas General Land Office -1- RFP No. 8652-ST

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks a highly skilled contractor for coastal construction services to add 5,510 cubic yards (CY) of beach fill along approximately

1,300 linear feet (LF) of rock breakwater living shoreline on the northern shore at the Indian

Point Pier southwest of Portland, Texas on HWY 181. The living shoreline breakwaters will protect the shoreline and marshes from loss due to erosion, wave action and storm surge. The breakwaters will also provide protection of the area, including submerged aquatic vegetation, oysters and bird habitat for the Indian Point Park along Corpus Christi

Bay, in San Patricio County, Texas (the “Project”).

Construction will be funded in accordance with Coastal Erosion Planning and Response

Act (CEPRA Cycle 12) and Gulf of Mexico Energy Security Act (GOMESA). The GLO is partnering with the Port of Corpus Christi Authority and the City of Portland. The uplands are owned by the City of Portland, and the submerged land is owned by the Port of Corpus Christi.

The GLO will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation, in accordance with applicable federal, state, and local laws, rules, and regulations and in accordance with terms and conditions outlined in the Sample Contract attached hereto as Exhibit B. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the

GLO and its programs can be found at http://www.glo.texas.gov.

DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for

Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“A/E” means the GLO’s Architect/Engineer for the Project, AECOM Technical Services, Inc.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“BAFO” means Best and Final Offer.

“Base Time” means the number of calendar days proposed by Contractor on the

Contractor’s Proposal Form to achieve substantial completion of the Project.

http://www.glo.texas.gov/

Texas General Land Office -2- RFP No. 8652-ST

“CEPRA” or the “Act” means the Coastal Erosion Planning and Response Act, Texas

Natural Resources Code Sections 33.601-.613.

“Construction Documents” means the drawings, specifications, and other documents governing the construction of the Project. Construction Documents become part of the

Contract Documents when listed in the Contract or any Change Order.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract including without limitation, the Project Manual, this Solicitation, the

Engineer’s specifications and drawings, the Uniform General and Supplementary

Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contract Time” means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.

“Contractor” means the Respondent(s) awarded a contract under this Solicitation.

“CPF” means the Contractor’s Proposal Form.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“GLO” means the Texas General Land Office.

“Gulf of Mexico Energy Security Act” or “GOMESA” means the Gulf of Mexico Energy

Security Act.

“Natural Resource Damage Assessment” or “NRDA” means a process to determine the appropriate type and amount of restoration needed to offset impacts to fisheries, wildlife, habitats, and human uses impacted by oil spills, hazardous waste sites, and vessel groundings.

“Notice to Proceed” or “NTP” means written notice provided by the GLO to begin construction of the Project.

“ODR” means Owner’s Designated Representative, a representative of the GLO responsible for Project oversight.

“OSHA” means the U.S. Occupational Safety and Health Administration.

“Owner” means the Texas General Land Office.

Texas General Land Office -3- RFP No. 8652-ST

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation, Construction Services for the

Indian Point Causeway Protection (CEPRA Project No. 1739) Project.

“Project Manual” means the project manual developed by the GLO’s A/E that contains, among other items, the bidding documents, Uniform General and Supplementary

Conditions, Special Conditions, and Technical Specifications sections.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“Special Conditions” means the documents containing terms and conditions which may be unique to the Project. Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and Supplementary General Conditions.

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“Substantial Completion” means the date determined and certified by Contractor, A/E, and

Owner when the Work, or a designated portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.

“Supplementary General Conditions” means procedures and requirements that modify the

Uniform General Conditions. Supplementary General Conditions, when used, have precedence over the Uniform General Conditions.

“Uniform General Conditions” or “UGCs” means the governing contractual terms and conditions as amended in the Project Manual.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through 20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“VetHUB Subcontracting Plan” or “VetHSP” means the subcontracting plan required under 34 Texas Administrative Code §20.285 and the Texas Comptroller of Public

Accounts’ Veteran Heroes United in Business Program (“VetHUB Program”) to be submitted with each response to a Solicitation that will result in the issuance of a contract with an expected value of $100,000 or more and for which the GLO has determined

Texas General Land Office -4- RFP No. 8652-ST subcontracting opportunities are probable. The VetHSP is included in this Solicitation as

Exhibit C and must be included with the Solicitation Response.

AUTHORITY

The GLO is soliciting the services listed herein under applicable provisions of Texas Gov't

Code 2155.147 and §2269 Subchapter D Competitive Sealed Proposal; Tex. Nat. Res.

Code Ch. 33, Subchapter H, Texas; Gov't Code Title 10, Subtitles D and F; and 34 Texas

Admin. Code Sec. 20.82(d)(1)(B).

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office -5- RFP No. 8652-ST

ARTICLE II. SCOPE OF WORK

SCOPE OF SERVICES REQUESTED

The scope of work for the Project includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, bonds, incidentals, and services necessary or required to fully complete the work for the Project. Major work items include mobilization and set-up, environmental protection, construction surveying, mechanically placing beach quality sand, grading, site clean-up and demobilization in accordance with the specifications in the

Project Manual and in conformity to lines, grades, and elevations shown on the contract drawings or as directed by the A/E. In addition to the above-mentioned items, all the above to include exemplary attention to the protection of surrounding environment and existing natural resources. Contractor shall provide all other items shown on the plans and described in the specifications to fully complete the Project.

A full description of the Project including detailed drawings, specifications and other contract documents may be found in the Project Manual, as prepared by the A/E. The

Project Manual is included in the Construction Documents, which may be obtained from the Miller Imaging & Digital Solutions PlanRoom, as described below in Section 2.3.

The selected Contractor shall be bound to specific terms and conditions found in Exhibit

B, the GLO’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

2.2.2 OSHA Compliance

In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

The awarded Respondent is responsible for providing all employees with Personal

Protective Equipment (PPE) when performing work under the resulting contract.

Texas General Land Office -6- RFP No. 8652-ST

2.2.3 Environmental and Wildlife Protection

Special work procedures are required to address protection of the sensitive coastal environment, including wildlife inhabiting the Project area. These procedures are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.4 Permits and Fees

Solicitation Responses must provide for the application for and securing of all permits that will not be acquired by the GLO, and for all inspection and license fees required for the Project. Permits and other authorizations already obtained are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.5 Site Visit/Inspection

Respondent shall be responsible for having full and complete knowledge of the conditions of the Project site. Therefore, before submitting a proposal, Respondent is strongly encouraged to visit the site and assess the work to be performed. If necessary, Respondent shall secure any additional information that may be required for a clear and full understanding of the work to be performed from the GLO point-of-contact listed in Section 3.2.1.

2.2.6 Reporting Requirements and Milestone/Work Progress Schedule

The selected Contractor shall submit a recommended Milestone/Work Progress

Schedule for agreement between the GLO and the Contractor, along with any other submittals required in the Construction Documents, prior to contract award. The

Milestone/Work Progress Schedule shall be based on the Base Time number of calendar days proposed by the Contractor on the Contractor’s Proposal Form.

Contractor’s failure to meet any milestone may subject the Contractor to liquidated damages. Additionally, all Project deliverables must be accepted by the ODR prior to approval of Contractor’s requests for payment.

The GLO reserves the right to request additional reporting at any phase of this

Project to maintain internal contract management and reporting requirements.

UNIFORM GENERAL CONDITIONS AND CONTRACT DOCUMENTS

Any contract resulting from this RFP shall be governed by the GLO’s Uniform General

Conditions, Supplementary General Conditions, and Special Conditions, as included in the

Project Manual. Contract Documents, including the Project Manual, may be downloaded at no cost from Miller Imaging & Digital Solutions PlanRoom:

https://planroom.millerids.com/projects/public.

https://planroom.millerids.com/projects/public

Texas General Land Office -7- RFP No. 8652-ST

For assistance with or questions related to Miller’s PlanRoom please call Miller IDS at

512.381.5292 or email dsc@millerids.com.

Questions and inquiries to Miller Imaging & Digital Solutions PlanRoom are strictly limited to PlanRoom operations only; all technical questions shall be submitted to the solicitation point of contact listed in Section 3.2.1 Contact. Also see Section 3.2.4

Prohibited Communication.

CONSTRUCTION PERIOD AND CONTRACT TERM

The selected Contractor shall not begin any work under any contract resulting from this

Solicitation until receipt of a Notice to Proceed (“NTP”) from the GLO. Construction must be substantially completed within the time period proposed by Contractor on the

Contractor’s Proposal Form. Respondents should account for any anticipated scheduling delays in their proposed time period. For planning purposes, the GLO anticipates contract execution to occur by October 30, 2026. Upon issuance of the NTP, the GLO has estimated the construction time period to be approximately one hundred eighty (180) – two hundred forty-three (243) calendar days.

All changes in the scope of work, the Contract Price and the Contract Time shall be documented by a Change Order, in accordance with the Change Order procedure described in the Uniform General Conditions, included in the Project Manual.

LIQUIDATED DAMAGES

If Contractor fails to achieve Substantial Completion within the Contract Time, Contractor shall be liable to the GLO for liquidated damages of $500.00 per day until the Contractor achieves Substantial Completion. The GLO’s damages for Contractor’s failure to perform its obligations under a contract resulting from this RFP are impossible or difficult to estimate and the amount of liquidated damages specified is a reasonable forecast of just compensation and is not a penalty.

mailto:dsc@millerids.com

Texas General Land Office -8- RFP No. 8652-ST

ARTICLE III. ADMINISTRATIVE INFORMATION

SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

July 17, 2026

Virtual Pre-Proposal Conference (Optional)

Zoom Meeting (see Sec. 3.2.5 for instructions)

July 29, 2026, at

11:00 a.m. CT

Deadline for Submitting Questions July 31, 2026, at

5:00 p.m. CT

Anticipated Release Date of Answers to Questions

August 7, 2026

Deadline for Submission of Solicitation Responses

(including VetHUB Subcontracting Plan)

August 27, 2026, at

2:00 p.m. CT

Anticipated Evaluation Period August 28, 2026, to

September 11, 2026

Anticipated Contractor Selection and Notice of Intent to Award

September 15, 2026

Anticipated Contract Negotiation and Execution September 16, 2026, to

October 30, 2026

Anticipated Pre-Construction Conference and Notice to

Proceed

TBD

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land

Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

Texas General Land Office -9- RFP No. 8652-ST

INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Susan Tipton-Hines, CTCM, CTCD

Address: 1700 N. Congress Ave., Austin, Texas 78701

Email: Susan.Tipton-Hines@GLO.Texas.Gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Mahsa Azadi, CTCD, CTCM

Address: 1700 N. Congress Ave., Austin, Texas 78701

Email: Mahsa.Azadi@Glo.Texas.Gov

Notwithstanding the above, Respondents may direct questions about the state’s

Veteran-Owned Historically Underutilized Businesses (VetHUB) Program or

VetHUB Subcontracting Plans (VetHSPs) to the GLO VetHUB Team contacts listed in Section 5.6 of this Solicitation.

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

a) Identifying Solicitation number in email subject

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the

ESBD at: http://www.txsmartbuy.gov/esbd. Responses shall be posted as an mailto:Susan.Tipton-Hines@GLO.Texas.Gov mailto:Sarah.Bergmann@Glo.Texas.Gov

Texas General Land Office -10- RFP No. 8652-ST

Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this

Solicitation.

3.2.5 Pre-Proposal Conference (Optional)

The GLO will be virtually hosting an optional pre-proposal conference on July 29, 2026, at 11:00 a.m., Central Time, via Zoom. To join this meeting, click the link below or copy and paste into your browser, and follow the instructions from Zoom using the meeting ID and password provided:

Join Zoom Meeting https://txglo.zoom.us/j/83489041322?pwd=AEr1Z9xsjJXexXbcbhSmSiLL4ase73

.1

Meeting ID: 834 8904 1322

Passcode: 188413

SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™

URL in Section 3.4.3:

a) One Proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled

“RFP 8652-ST (Respondent Name)_Part 1”;

b) One VetHUB subcontracting plan, submitted as one .pdf file titled “RFP

8652-ST (Respondent Name)_Part 2”;

https://txglo.zoom.us/j/83489041322?pwd=AEr1Z9xsjJXexXbcbhSmSiLL4ase73.1 https://txglo.zoom.us/j/83489041322?pwd=AEr1Z9xsjJXexXbcbhSmSiLL4ase73.1

Texas General Land Office -11- RFP No. 8652-ST

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Respondent(s) will be assumed to have studied the plans and specifications, visited the proposed work site, and to have understood all existing conditions and measurements. Respondent(s) shall include in its CPF a base price amount sufficient to cover all work, including, but not limited to, all permits and fees.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses are recommended to not exceed 25 pages in length. Exhibit

A, Affirmations and Solicitation Acceptance, Exhibit C, VetHUB Subcontracting

Plan, signed acknowledgments of addenda, past projects, résumés, Contractor’s

Proposal Form, and the Non-Collusion Affidavit are considered supporting documentation and are not included in the page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation

Responses any time prior to that deadline. Box™ shall time stamp all uploaded

Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: RFP 8652-ST Proposal.”

Texas General Land Office -12- RFP No. 8652-ST

3.4.3 Delivery

Respondents must upload Solicitation Responses using the following Box™ link:

Upload Solicitation Responses to Box

Or https://txglo.app.box.com/f/e79e4be7ac534e2889cd37452001b9df

The GLO shall not accept Solicitation Responses submitted by any other means. Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

Texas General Land Office -13- RFP No. 8652-ST

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code, and Chapter 2269 of the Texas Government Code.

The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas.

“Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, Sections 2155.074 and

2156.007.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below including, but not limited to, any key staff qualifications, certifications, and licenses detailed in the

Project Manual. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the

Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have recently been in the coastal construction business for a minimum of five (5) years, or the principals/owners must have had ownership/executive management experience in a previous company that provided coastal construction services for a minimum of five (5) years;

4.1.2.2 Respondent shall have demonstrated relevant experience in meeting completion dates and construction schedules; and

4.1.2.3 Respondent shall have demonstrated relevant experience in excavation, hauling, and placement of fill in shallow water environments for projects of similar scope and size, noting projects completed in the last five (5) years.

Texas General Land Office -14- RFP No. 8652-ST

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Cost (40%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, any returned references, and the Texas Comptroller of Public Accounts Vendor Performance

Tracking System (25%);

4.1.3.3 Technical Proposal, including proposed methodology and schedule

(25%);

4.1.3.4 Overall responsiveness, clarity, and organization of Solicitation

Response (5%); and

4.1.3.5 Safety record, quality control program and cost controls (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact

Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

It is the intent of the GLO to award a contract to the Respondent(s) determined to be ‘best value’. GLO reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award. An evaluation committee will be established to evaluate the responsive submittals. The committee will include employees of GLO and may include other impartial individuals who are not GLO employees. By submitting a response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the

Solicitation. When considering best value and award, GLO reserves the right to set a minimum requirement regarding the weighted criteria listed in par. 4.1.3 above.

Texas General Land Office -15- RFP No. 8652-ST

SHORT LIST

The GLO may develop a short list of finalists after an initial evaluation of the Solicitation

Responses. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

INTERVIEWS

The GLO may, but is not required to, conduct oral interviews with some or all Respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible 20 points. The score received for the oral interview will be added to the score received from the evaluation of a

Respondent’s written proposal.

Respondents will be provided with notice of any such interview and are responsible for their own presentation equipment. Failure to participate in the requested interview may eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the interview.

BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the

Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a

BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. A Notice of Intent to Award will be sent to the selected Respondent. Any award is contingent upon the selected Respondent’s successful submission and demonstration of financial solvency and adequate capitalization as described in Section 7.3, Financial Capability; the successful negotiation of final contract terms; and upon approval of the Chief Clerk of the GLO.

Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If a potential awardee is determined to be not financially solvent or adequately capitalized, or if contract negotiations cannot be

Texas General Land Office -16- RFP No. 8652-ST concluded successfully, the GLO may negotiate a contract with the next highest scoring

Respondent or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

Texas General Land Office -17- RFP No. 8652-ST

ARTICLE V. REQUIRED RESPONDENT INFORMATION

RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e. parent company, Affiliate, Joint Venture, subcontractor) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under whose laws the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of

Respondent’s point of contact for any resulting contract under this

Solicitation; and

Texas General Land Office -18- RFP No. 8652-ST

f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional or technical personnel who will have major responsibilities under a contract or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of Respondent may also qualify as subcontractors. Please evaluate your Key Staffing Profile and VetHUB Subcontracting Plan accordingly.

TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this

Solicitation. Respondent should identify all tasks to be performed to be responsive to

Article II, Scope of Work, including Project activities, schedule milestones, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

PAST PROJECTS

Respondent shall provide a minimum of three non-GLO completed projects of similar type and size performed within the last five (5) years, preferably for state and/or local government entities. Information provided shall include:

a) Client name;

b) Project description;

Texas General Land Office -19- RFP No. 8652-ST

c) Total dollar amount of project including the original quoted project cost and the completed project cost. If there was a variance of over 5%, Respondent should provide an explanation;

d) Total project duration including the original project completion date and the actual project completion date. If there was a variance of over 5%, Respondent should provide an explanation;

e) Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f) Client project manager name, telephone number, and e-mail address. If Client was

GLO, then include contact information for project Engineer of Record.

MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the activity that constitutes the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor the Respondent intends to utilize in performance of the work must also be included in the Respondent's VetHUB Subcontracting Plan. If a major subcontractor will not be utilized for this Project, so indicate in the appropriate section of the Solicitation Response.

LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation

Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

Texas General Land Office -20- RFP No. 8652-ST

VETERAN-OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

The GLO is committed to promoting business opportunities for State of Texas certified

VetHUBs in compliance with 34 TAC §20.285 and 31 TAC §3.30, and the GLO accordingly makes a good-faith effort to increase VetHUB participation in its contracts by contracting directly with VetHUBs or indirectly through subcontracting.

The State of Texas VetHUB Subcontracting Plan (“VetHSP”) form is included with this

Solicitation as Exhibit C. A Solicitation Response that does not contain a VetHSP is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the VetHSP was not developed in good faith.

Please refer to the cover letter included with Exhibit C for specific instructions for locating potential VetHUB subcontractors utilizing the state’s Centralized Master Bidders List

(CMBL).

A presentation describing the procedure for completing the VetHSP is included with this

Solicitation as Exhibit D.

Respondents may direct questions about VetHSPs or the VetHUB Program to the VetHUB

Team contacts listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Vonda White Tamara Perkins

Vonda.White@GLO.Texas.Gov Tamara.Perkins@GLO.Texas.Gov

512.947.6441 512.463.5908

CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

SAFETY INFORMATION

Respondent shall provide its workers’ compensation experience modification rate (EMR) for the last five years. Respondents should submit this information on their insurance carrier’s signed letterhead. Also, please submit the name and job title of the person in your organization who manages your safety program, and a description of that program. A copy of your safety manual may also be required. The safety manual will become part of the contract if your Solicitation Response is selected.

mailto:Vonda.White@GLO.Texas.Gov mailto:Tamara.Perkins@GLO.Texas.Gov

Texas General Land Office -21- RFP No. 8652-ST

QUALITY CONTROL PROGRAM

Respondent must provide the name and job title of the person responsible for the

Respondent’s quality control program, as well as a description of the firm’s quality control program, as stipulated in the Construction Documents. A copy of your quality control manual may be required. The quality control manual will become part of the contract if your Solicitation Response is selected.

COST CONTROL PROGRAM

Respondent is encouraged to suggest any possible cost reduction items to be taken into consideration prior to awarding a contract under this Solicitation. Respondent should include possible cost reduction items in the Proposal. Respondent should provide a full description of the alternative work and the estimated cost savings. In addition, Respondent should detail the necessity of any additional drawings, specifications, or revisions to the construction sequencing and schedule that may be needed as a result of the implementation of the cost saving measures.

NON-COLLUSION AFFIDAVIT

The price and amount of any Solicitation Response must have been arrived at independently and without consultation, communication, agreement, or disclosure with or to any other contractor, Respondent, or prospective Respondent. Complementary proposals are illegal and prohibited. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion. Respondent must complete, sign, and notarize the Non-Collusion Affidavit contained in the Project

Manual, which will become part of the Proposal.

Texas General Land Office -22- RFP No. 8652-ST

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal on the Contractor’s Proposal Form (CPF), located in the Project Manual, and return it with the other documents required of this

The Cost Proposal provided is for the products and/or services as specified in this

Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting Contract.

Texas General Land Office -23- RFP No. 8652-ST

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this

Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government agency subject to the Texas Public Information Act

(PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure of that

Texas General Land Office -24- RFP No. 8652-ST information in the PIA. Merely making a blanket claim that the entire Solicitation

Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an

Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public

Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO.

Respondent shall make any information required under the PIA available to the

GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the…