Request for Qualifications No. 26-001 On Call Architectural & Engineering Services

2606 Boca Chica Blvd Brownsville, TX 78521

Ph. (956) 214-1536 jcmartinez@hacb.us www.hacb.us

Table of Contents I. Introduction

II. RFQ at a Glance

III. General Information

IV. HACB Reservation of Rights

V. Scope of Work

VI. Conditions to Propose

VII. Form of Proposal

VIII. Proposal Evaluation

IX. Right to Protest

X. Disputes under the Contract

XI. Additional Considerations

XII. Attachments

Attachment A – Form of Proposal

Attachment B – Form HUD-5369-C

Attachment C – Profile of Firm Form

Attachment D – Form HUD-5369-B

Attachment E – Form HUD-51915

Attachment F – Form HUD-5370-C

Attachment G – Standard Form 330

RFQ On Call Architectural and Engineering Services RFQ No. 26-001

Housing Authority of the City of Brownsville Page 1 of 31

Request for Qualifications for On Call Architectural and Engineering

Services

The Housing Authority of the City of Brownsville, Texas, and its affiliated entities ("HACB") hereby invites proposals from qualified, licensed and experienced design professionals interested in providing architectural and engineering services. The successful respondent must demonstrate knowledge and experience of the Federal, State, and local laws applicable to public housing developments, HUD regulations and requirements, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, Low Income Housing Tax Credit (LIHTC) regulations and requirements, and LEED design, and have an excellent track record of performance in a timely manner.

This Request for Qualifications (RFQ) contains submission requirements, scope of services, period of services, terms and conditions and other pertinent information for submitting a proper and responsive proposal. Prospective proposers desiring any explanation or interpretation of the solicitation must request it by Thursday, July 16, 2026, at 5:00 p.m.

CST. The request must be addressed to Julio C. Martinez, Procurement Manager at the address stated below. Any information given to a prospective proposer about this solicitation will be furnished to all other prospective proposers as a written amendment to the solicitation.

Late submissions will not be accepted. Submissions will be held in confidence until the opening. Submissions will be evaluated on the criteria stated in the RFQ. After evaluation of the responses, the Contract(s) will be awarded to the proposer(s) representing the "Best Value" to the HACB after preferences for Section 3 business concerns are considered.

HACB and its affiliated entities reserve the right to reject any and all submissions.

The Request for Qualifications can be obtained at the Housing Agency Marketplace website at https://ha.internationaleprocurement.com/.

Contact Person:

Julio C. Martinez Procurement Manager

(956) 214-1536 Email: jcmartinez@hacb.us

Notice: Contact with members of the HACB Board of Commissioners, or HACB officers and employees other than the contact person shown above, prior to the execution of a contract with the successful proposer(s) could result in disqualification of your proposal.

In fairness to all, prospective proposers during the RFQ process HACB will not meet in person with anyone representing a potential provider of these services to discuss this RFQ other than at the pre-submittal meeting.

Julio Martinez Highlight

Housing Authority of the City of Brownsville Page 2 of 31

This does not exclude meetings required to conduct business not related to the RFQ, or possible personal presentations after written or electronic proposals have been received and evaluated.

HOUSING AUTHORITY OF THE

CITY OF BROWNSVILLE

By:

Carla Y. Mancha Chief Executive Officer

Housing Authority of the City of Brownsville Page 3 of 31

INTRODUCTION

The HACB is a unit of government, and its functions are essential governmental functions.

The property of HACB is used for essential public and governmental purposes and is exempt from all taxes, including sales tax on all its purchases of supplies and services.

HACB enters into and executes contracts and other instruments that are necessary and convenient to the exercise of its powers. HACB maintains contractual arrangements with United States Department of Housing and Urban Development (HUD) to manage and operate its Low Rent Public Housing Program and administers the Housing Choice Vouchers (HCV) Programs. HACB programs are federally funded along with development and modernization grants and rental income.

Its primary activity is the ownership and management of 141 public housing units. It also administers rental assistance for almost 2,864 privately owned rental units through the HCV program. It operates and manages its housing developments to provide decent, safe, sanitary, and affordable housing to low-income families, the elderly, and the disabled, and implements various programs designed and funded by HUD.

HACB has created three affiliated public facility corporations ("PFCs"): Brownsville Housing Opportunity Corporation (BHOC), Brownsville Housing Finance Corporation (BHFC), and Brownsville Housing Management Corporation (BHMC), pursuant to Chapter 303 of the Texas Local Government Code (the Public Facility Corporation Act). In some instances, these PFCs own projects. In other cases, PFCs or other related entities serve as partners in partnerships that have been awarded Low-Income Housing Tax Credits.

RFQ INFORMATION AT A GLANCE

HACB CONTACT PERSON

Julio C. Martinez, Procurement Manager 2606 Boca Chica Blvd

Brownsville, TX 78526 email: jcmartinez@hacb.us

Phone: (956) 214-1536

HOW TO OBTAIN THE RFQ DOCUMENTS https://ha.internationaleprocurement.com/

HOW TO FULLY RESPOND TO THIS

RFQ BY SUBMITTING STATEMENT OF

QUALIFICATIONS

Statements of Qualifications will be received electronically at the Housing Agency Market Place website listed above.

PRE-SUBMITTAL MEETING None

PROPOSAL SUBMITTAL RETURN &

DEADLINE

August 9, 2026, by 5:00 p.m. CST

TENTATIVE PRESENTATION TO THE

BOARD

August 2026 Meeting

Julio Martinez Highlight

Housing Authority of the City of Brownsville Page 4 of 31

REQUEST FOR QUALIFICATIONS

1.0 GENERAL INFORMATION

1.1 Statement of Purpose: The Housing Authority of the City of Brownsville and its affiliated entities (HACB) invites proposals from licensed professionals that can prove through submittal of a proposal to this RFQ that their firm possesses the necessary qualifications to provide architectural and engineering services. The HACB intends to form a list of firms that the HACB may contract with, as detailed within the specifications to provide architectural and engineering services for various projects the HACB may develop in the City of Brownsville, Texas.

1.2 Each qualifications package must be submitted by an architectural firm. The firm must then list in the submittal the engineering firms that it will partner with if awarded and contracted for services.

1.3 Prospective proposers acknowledge by receiving the RFQ documents and/or by submitting a proposal that the submission of a proposal to HACB is not a right by which to be awarded a contract, but merely is an offer by the prospective proposer to perform the requirements of the RFQ documents in the event HACB decides to consider awarding a contract to that proposer.

1.4 Proposer's Responsibilities-Contact with HACB: It is the responsibility of the proposer to address all communication and correspondences pertaining to this RFQ process to the HACB contact person only. Proposers must not make inquiry or communicate with any other HACB staff member or official (including members of the Board of Commissioners) pertaining to this RFQ. Failure to abide by this requirement may be cause for HACB to not consider a proposal submittal received from any proposer who has not followed this directive. During the RFQ solicitation process, the HACB contact person will not conduct any expert conversations which may give one prospective proposer an advantage over other prospective proposers.

1.5 Type of Contract Resulting from RFQ: Acceptance of the firm's offer for the services specified herein will be made by executing a duly authorized contract prepared by the HACB in form and content. A copy of Form HUD-51915 (8/98) is attached. The HACB anticipates that it will initially award a contract for a period of one (1) year with the option, at the HACB's discretion, of four (4) additional one year option periods, for a maximum total of five (5) years. The HACB intends to form a pool of firms that the HACB may contract with, as such, the HACB shall retain the right to contract with any of the responsive and responsible proposers as a result of this RFQ.

2.0 HACB'S RESERVATION OF RIGHTS

2.1 HACB reserves the right to reject any or all proposals, to waive any informality in the RFQ process, or to terminate the RFQ process at any time, if deemed by HACB to be in its best interests.

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2.2 HACB reserves the right not to award a contract pursuant to this RFQ.

2.3 HACB reserves the right to terminate a contract awarded pursuant to this RFQ, at any time for its convenience upon 30 days written notice to the successful proposer(s).

2.4 HACB reserves the right to determine the days, hours, and locations that the successful proposer(s) shall provide the services called for in this RFQ.

2.5 HACB reserves the right to retain all proposals submitted and not permit withdrawal for a period of 60 days after the deadline for receiving proposals without the written consent from the HACB.

2.6 HACB reserves the right to negotiate all fees with the top proposers. If such negotiations are not, in the opinion of the HACB successfully concluded within a reasonable timeframe as determined by HACB, the HACB shall retain the right to end such negotiations and proceed to negotiate with the next highest scoring proposer.

2.7 HACB reserves the right to reject and not consider any proposal that does not meet the requirements of this RFQ, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services.

2.8 HACB shall have no obligation to compensate any proposer for any costs incurred in responding to this RFQ.

2.9 HACB reserves the right to at any time during the RFQ or contract process to prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. Each prospective proposer further agrees that he/she will inform HACB in writing within five (5) days of the discovery of any item that is issued thereafter by HACB that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve HACB, but not the prospective proposer, of any responsibility pertaining to such issue.

2.10 HACB reserves the right to, prior to award, revise, change, alter or amend any of the instructions, terms, conditions, and/or specifications identified within the RFQ documents issued, within any attachment or drawing, or within any addenda issued. Such changes that are issued before the proposal submission deadline shall be binding upon all prospective proposers.

2.11 In the case of rejection of all proposals, HACB reserves the right to advertise for new proposals or to proceed to do the work otherwise, if in the judgment of HACB, the best interest of HACB will be promoted.

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2.12 HACB reserves the right, without any liability, to cancel the award of any proposal(s) at any time before the execution of the contract documents by all parties.

2.13 HACB reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to HACB, if:

2.13.1 funding is not available.

2.13.2 legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or

2.13.2 HACB’s requirements in good faith change after award of the contract.

2.14 HACB reserves the right to make an award to more than one proposer based on ratings.

2.15 HACB reserves the right to require additional information from all proposers to determine level of responsibility. Such information shall be submitted in the form required by HACB within two (2) days of written request.

2.16 HACB reserves the right to amend the contract any time prior to contract execution.

2.17 HACB reserves the right to require the Contractor to keep accurate timesheets for all employees assigned to perform any project, task, or assignment resulting from this RFQ and any resulting contract.

2.18 HACB reserves the right to contact any individuals, entities, or organizations that have had a business relationship with the proposer regardless of their inclusion in the reference section of the proposal submittal.

2.19 HACB reserves the right to add or delete locations and/or properties for services on an as-needed basis.

2.20 In the event any resulting contract is prematurely terminated due to nonperformance and/or withdrawal by the Contractor, HACB reserves the right to seek monetary restitution (to include but not limited to withholding of monies owed) from the Contractor to cover costs for interim services and/or cover the difference of a higher cost (difference between terminated Contractor's rate and new company's rate) beginning the date of Contractor's termination through the contract expiration date.

3. SCOPE OF WORK (SOW)/TECHNICAL SPECIFICATIONS (T/S): The HACB is seeking qualifications submittals from qualified & licensed architectural firms. The architectural firm must list their engineering partners (which must also be licensed) to provide the following detailed services:

Housing Authority of the City of Brownsville Page 7 of 31

3.1 General Specifications: The HACB intends to form a list of firms that the HACB may contract with, as detailed within the following Section 3.7 to provide architectural and engineering services for various projects the HACB may develop. Services will include, but are not limited to:

3.1.1 Planning Services.

3.1.2 Discuss and determine the HACB's requirements.

3.1.3 Complete a comprehensive survey of the Site(s), establish the restrictions on the usage of the Site(s) and provide the HACB with a written report and recommendations to accomplish the work.

3.1.4 Prepare preliminary cost estimates and cost alternatives to include documentation establishing the basis and methodology for all estimates.

3.1.5 Meet with HACB's staff, management, and Board of Commissioners to review findings, alternatives, and cost estimates.

3.1.6 Prepare detailed construction plans, specifications, and scope of service for demolition, if any, and construction to achieve the highest efficiency and cost effectiveness.

3.2 Design Services

3.2.1 Prepare the architectural and engineering documents necessary for completing local, state, and federal applications and submittals.

3.2.2 Investigate the problem areas identified and provide detailed solutions as required by the HACB.

3.2.3 Review and modify, as required, contract drawings and specifications for the project.

3.2.4 Prepare detailed cost estimates.

3.2.5 Prepare and provide copies of the plans and specifications to be provided to interested bidders, and for the HACB's records.

3.2.6 Assist in the tabulation and analysis of bids and furnish recommendations.

3.3 Construction Administration Services

3.3.1 Assist in the architectural and engineering phases of the preparation of formal contract documents for the award of contract.

3.3.2 Make visits to the site to determine if the work is proceeding in accordance with the contract documents. In performing these services, the offeror will endeavor to protect the HACB against defects and deficiencies in the work product of contractors.

3.3.3 Based on site observations and the contractor's application for payment, offeror will determine the amount owed to the contractor and will issue certificates of payment in such amounts. These certificates will constitute a representation to the HACB, based on site observations and data comprising the application for payment, the offeror will also represent to the HACB that, to the best of its knowledge, information, and belief, based on what its observations have revealed the quality of work is in accordance with the contract documents.

It will conduct inspections to determine the status of substantial and final

Housing Authority of the City of Brownsville Page 8 of 31 completion, develops a list of deficiencies (punch list) and issue a final certificate of acceptance for the project.

3.3.4 Inform the HACB regarding the status of the construction in the weekly reports.

3.3.5 Review shop drawings furnished by contractors for compliance with design concepts and with information given in the contract documents, (Offeror is responsible for dimensions to be confirmed and correlated at job site).

3.3.6 Review laboratory, shop and mill tests of material and equipment.

3.3.7 Prepare and review payments to contractors.

3.3.8 Assist the HACB in performance tests required by specifications.

3.3.9 Perform, in company of the HACB's representative, final inspections of the project.

3.3.10 After final inspection and approval of the construction by the HACB, the selected candidate(s) will furnish reproducible drawings, if applicable, brought up to "as-built" condition. Each sheet shall be initiated by the person responsible for making corrections or additions.

3.4 Documentation Requirements

3.4.1 Construction drawings and specifications (copies as needed). See Article A, paragraph 1.2.2, Attachment F.

3.4.2 Reproducible record drawings as per Article A, paragraph 1.2.5, Attachment F.

3.4.3 All documentation will be coordinated with the HACB construction representative.

3.5 Other Services

3.5.1 Coordinate all work with the HACB construction representative.

3.5.2 All documentation must provide the basis, source, and methodology for arriving at estimates, projections, and assumptions.

3.5.3 Meet with the HACB's consultants, and other federal, state, and local agencies, as may be necessary.

3.6 The HACB reserves the right to delete or add items of work or other work requirements at any stage of the contract.

3.7 Method of Award (Task Order): The HACB will retain the right to contract with any of the responsive and responsible proposers as a result of this RFQ as determined in HACB’s discretion. Subject to the foregoing, in general, this process, shall occur in the following manner (this is sometimes called "on call list" of contractors that the HACB may draw from):

3.7.1 As detailed within the following Section 6.2 (most specifically, Section 6.2.5.1), each proposer will be ranked as a result of the evaluation detailed within the following Section 6.0 herein.

3.7.2 When the HACB has the need of architectural and engineering services, the

Housing Authority of the City of Brownsville Page 9 of 31

HACB staff assigned will contact the top-ranked proposer to ascertain as to whether or not that contractor is available to do the work within the reasonable timeframe the HACB has established for that work; if the firm is available within the HACB's requirements, the HACB shall then, in conformance with all HUD requirements, attempt to negotiate a reasonable cost with the available firm. If such negotiation cannot be successfully concluded within 5 business days, the HACB shall retain the right to suspend negotiations with that firm and proceed to the 2nd– ranked firm. PLEASE NOTE: Once the HACB has ended negotiations with the top-ranked firm, the HACB SHALL NOT again enter into negotiations with that firm pertaining to that task order (however, this shall not cause that firm to lose its place as the top-ranked firm for any following task orders).

3.7.3 If, as detailed within the preceding Section 3.2.2, the top-ranked proposer is not available or the HACB is not able to successfully reach a negotiated cost with the top-ranked proposer, the HACB will proceed to the next best-ranked contractor and repeat the same negotiation process. This process may be repeated by the HACB with ensuing ranked firms until the HACB has successfully negotiated a reasonable cost.

4.0 CONDITIONS TO PROPOSE:

4.1 Pre-Qualification of Proposers: Prospective proposers will not be required to pre-qualify in order to submit a proposal. However, all proposers will be required to submit adequate information showing that the proposer is qualified to perform the required work (i.e., Profile of Firm Form (Attachment C). Failure by the prospective proposer to provide the requested information may, at HACB's discretion, eliminate that proposer from consideration, provided that all proposers were required to submit the same information.

4.2 RFQ Forms, Documents, Specifications and Drawings:

4.2.1 Prior to submitting a proposal in response to the RFQ, it shall be each prospective proposer's responsibility to examine carefully and, as may be required, properly complete all documents issued pursuant to this RFQ.

4.2.2 Unless otherwise instructed, specifications and drawings (if provided) do not purport to show all of the exact details of the work. They are intended to illustrate the character and extent of the performance desired under the proposed contract and may be supplemented or revised from time to time.

4.2.3 Catalogs, brand names or manufacturer's references where provided are descriptive only and indicate type and quality desired. Proposals on brands of like nature and quality will be considered unless specified otherwise. If proposing other than references, proposal submittal shall show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of products offered must be included in the proposal submittal. Failure to take exception to specifications or referenced data will require Contractor to furnish specified brand names, numbers, etc.

Housing Authority of the City of Brownsville Page 10 of 31

4.3 Submission and Receipt by HACB:

4.3.1 Time for Receiving Proposals: Statement of Qualifications received prior to the proposal submittal deadline will be electronically stored at the “Housing Agency Marketplace” e-procurement website. No proposal received after the designated deadline or not submitted to the website mentioned above shall be considered.

4.3.2 Withdrawal of Proposals: Proposals may be withdrawn as detailed within the attached HUD form(s) and as specified below. Negligence on the part of the proposer in preparing his/her proposal confers no right of withdrawal or modification of his/her proposal after such proposal has been received and opened.

4.3.2.1 Procedure to withdrawal proposal submittal: A request for withdrawal of a proposal due to a purported error need not be considered by HACB unless filed in writing by the proposer within 48 hours after the proposal deadline. Any such request shall contain a full explanation of any purported error and shall, if requested by HACB, be supported by the original calculations on which the proposal was computed, together with a certification and notarization thereon that such computation is the original and was prepared by the proposer or his/her agent, who must be identified on the notarized form. The foregoing shall not be construed that such withdrawal will be permitted, as HACB retains the right to accept or reject any proposed withdrawal for a mistake.

4.5 Exceptions to Specifications:

4.5.1 A prospective proposer may take exception to any of the proposal documents, or any part of the information contained therein, by electronically submitting it, to HACB via the “Housing Agency Marketplace” e-procurement website, and no later than Thursday, July 16, 2026, a complete and specific explanation as to what he/ she is taking exception. Proposed alternate documents or information must also be included. HACB reserves the right to agree with the prospective proposer and issue a revision to the applicable RFQ requirements or may reject the prospective proposer's request.

4.5.2 When taking exception, prospective proposers must propose services that meet the requirements of the RFQ documents. Exceptions to the specification and/or approved "equal" requests may be discussed at the scheduled pre-proposal conference (if scheduled). All verbal instructions issued by the HACB officers not already listed within the RFQ documents shall only become official when issued as addenda or as a written answer issued pursuant to receipt of a written question.

5.0 FORM OF PROPOSAL: The proposal submittal shall be submitted in the following manner. Failure to submit the proposal in the manner specified may result in a premature opening of, post-opening of, or failure to open and consider that proposal, and may, at the discretion of the HACB, eliminate that proposer from consideration for award.

5.1 Required Forms: All required forms furnished by HACB as a part of the RFQ document issued shall, as instructed, be fully completed and submitted by the

Housing Authority of the City of Brownsville Page 11 of 31 proposer. If, during the download, a form becomes changed in any fashion, the proposer must "edit" the form back to its original form (for example, signature lines must appear on the page which the line was originally intended).

5.2 Tabbed Proposal Submittal: HACB intends to retain the successful proposer pursuant to a "Qualifications Based" basis. "Cost" is not a factor in this solicitation.

Therefore, so that HACB can properly evaluate the proposals received, all proposals submitted in response to this RFQ must be formatted in accordance with the sequence noted below. Each category must be separated by numbered index dividers and the number on the index divider must extend so that each tab can be located without opening the proposal and labeled with the corresponding tab reference noted below. None of the proposed services may conflict with any requirement HACB has published herein or has issued by addendum.

5.2.1 Tab 1, Form of Proposal: This Form is attached hereto as Attachment A to this RFQ document. This two-page Form must be fully completed, executed where provided thereon and submitted under this tab as a part of the proposal submittal.

5.2.2 Tab 2, HUD- Forms: These Forms are attached hereto as Attachment 8 to this RFQ document and must be fully completed, executed where provided thereon and submitted under this tab as a part of the submittal.

5.2.3 Tab 3, Profile of Firm Form: The Profile of Firm Form is attached hereto as Attachment C to this RFQ document. This two-page Form must be fully completed, executed and submitted under this tab as a part of the submittal.

5.2.4 Tab 4, Submission Requirements: Listed below is a description of the minimum information, which must be included by Offerors in their submittals. It is open to all Offerors to give such supplementary facts or materials that they consider may be of assistance in the evaluation of the proposal submitted.

Submittals that omit critical elements may be considered non-responsive. Each submittal shall include a Table of Contents listing the submittal contents. The critical elements of this proposal include the following information:

5.2.4.1 Letter of Transmittal

Signed by the person authorized to commit the organization to perform the services in the submittal.

5.2.4.2 Table of Contents

5.2.4.3 Executive Summary

Provide a brief non-technical overview of the firm's business including the range of services offered. Offerors should provide information reflecting how and why the firm's products and services meet the HACB's needs for a category (categories) of work.

5.2.4.4 Experience

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5.2.4.5 Related experience of Offeror with HUD regulations for public housing development.

5.2.4.5.1 A statement of firm's services provided on projects of similar nature (provide names, title, and telephone number of Owner's representative for each project).

5.2.4.5.2 List all key members of firm(s) and any consultant(s) who will be assigned to this project. Indicate the level of effort and function of each member on the project. Description of organization structure to showing how the key members will be involved. Include resumes of these individuals. The resumes should include the following minimum information:

a. Name

b. An explanation of the function they will perform and their title by classification.

c. Their relevant educational background.

d. Their relevant work experience.

e. Their work experience with governmental clients; and

f. Any specialized skills, training, and/or credentials that are relevant to the required services.

5.2.4.6 Related experience of Offeror with Low Income Public Housing development regulations.

5.2.4.7 Related experience of Offeror with Low Income Housing Tax Credit (LIHTC) projects, if any.

5.2.4.8 Qualifications and experience of assigned personnel of firm and proposed consultants.

5.2.4.9 Methodology/strategy to accomplish the scope of services.

The offeror(s) must describe how it will approach the work associated with the requested services, including an understanding of the scope of services required and unique or innovative approaches to be utilized in performing these services.

All graphic presentations are optional.

5.2.4.10 Schedule of Performance/Timeliness.

5.2.4.11 List of references.

5.2.5 Tab 5, Client Information: The proposer shall submit four or more former or current Public and/or governmental clients for whom the proposer has performed similar or like services to those being offered herein. Include those projects completed using LIHTC, HOME funds and other State and Federal home development funds. The list shall, at a minimum, include:

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5.2.5.1 The client’s name.

5.2.5.2 The client’s telephone number and address.

5.2.5.3 Description of services provided to the client; and

5.2.5.4 Date of services.

5.2.5.5 Monthly revenues resulting from the work.

5.2.6 Tab 6, Joint Ventures, Partnerships, and/or Subcontractors: The proposer shall identify hereunder if this proposal is a joint venture, partnership, or other form of business. Please remember that all information required from the proposer under the proceeding tabs must also be included for all participants. One entity must be designated as the primary contact for the proposal. If subcontracting, proposer must identify all subcontractors under this tab by company name, address and company contact and area of expertise. All information required on the "Profile of Firm" form of the primary proposer must also be included for his subcontractors.

5.2.7 Tab 7, Subcontractors: Proposers must also provide HACB with the name, contact information to include address, phone number, email address, core area of business, and years of expertise for each subcontractor and supplier and the minority status of each. A Profile of Firm Form must be completed for each subcontractor and included in this Tab. Proposer must realize that the actual usage of the subcontractor will be contingent upon HACB's prior written approval, and proposer remains responsible to HACB for any and all services and goods provided pursuant to this RFQ and any resulting contract. If no subcontractors will not be utilized, please provided this statement, "NO SUBCONTRACTORS".

5.2.8 Tab 8, Section 3 Business Preference Documentation (Optional Item): For any proposer claiming a Section 3 Business Preference, he/she shall under this tab include the fully completed and executed section 3 Business Preference Certification Form attached hereto as Attachment D and any documentation required by that form. If the proposer does not claim any Section 3 preference, please place hereunder a statement that "NO SECTION 3 BEING CLAIMED."

5.2.9 Tab 9, Small/Minority/Disadvantaged Veteran Business Enterprise (SWMBE) Utilization Plan: The Proposer is required to include hereunder a plan which describes the efforts it will take to attract and subcontract with these historically under-utilized business entities in order to assist HACB in its responsibility to foster the development of small and historically under-utilized business enterprises. All subcontracting opportunities should be outlined here.

5.2.10 Tab 10, Other Information: Proposer shall include any additional information they deem necessary or as requested herein to further illustrate their capabilities, products or services under this tab. Proposer shall provide a list of completed projects, four (4) minimum, indicating the proposer's role, timeline (projected and actual), and budget (projected and actual) and reasons for deviations.

5.3 Fees: No fees shall be discussed or proposed, either verbally or in writing, during the RFQ competitive solicitation process. Further, HACB does not guarantee any minimum or maximum amount of work as a result of any award ensuing from this RFQ

Housing Authority of the City of Brownsville Page 14 of 31 beyond the requirements as they become evident to HACB and are scheduled and/or budgeted by HACB.

5.4 Proposal Submittal Method: Proposals will be submitted electronically through the Housing Marketplace website at https://ha.internationaleprocurement.com/.

6.0 PROPOSAL EVALUATION:

6.1 Proposal Opening Results: Pursuant to the qualified based methods or RFQ process, Statement of Qualifications are not publicly opened, but are held secure until the submittal deadline has passed. The proposals are then opened in private by the CO (or his/her designee) and are, pursuant to the evaluation plan, examined for minimal responsiveness (i.e. minimum compliance with the requirements of the RFQ).

Persons other than HACB staff involved in this process are not allowed to be present during the opening, nor may they inspect the proposals until after award has been completed.

6.1.1 All proposal documents submitted by the proposers are generally a matter of public record unless information is deemed to be proprietary.

6.2 Evaluation Method:

6.2.1 Initial Evaluation - Responsiveness: Each proposal received will first be evaluated for responsiveness (i.e., meeting the minimum requirements as stated in the RFQ). HACB reserves the right to reject any proposals deemed by the HACB not minimally responsive.

6.2.2. Evaluation - Responsibility: HACB shall select a minimum of a three-person panel, using the criteria established below, to evaluate each of the proposals submitted in response to this RFQ to determine the proposer's level of responsibility. HACB will consider capabilities or advantages that are clearly described in the proposal that may be confirmed by oral presentations, site visits, demonstrations, and references contacted by HACB. All proposals would be evaluated as to their overall value to HACB.

6.2.3. Potential "Competitive Range" or Best and Finals" Negotiations: The HACB reserves the right to, as detailed within Section 7.2.N through Section 7.2.R of HUD Procurement Handbook 7460.8 REV 2, conduct a "Best and Finals" Negotiation, which may include oral interviews, with all firms deemed to be in the competitive range. Any firm deemed not to be in the competitive range shall be notified of such in writing by the HACB in a timely manner as possible, but in any case within no longer than 10 days after the beginning of such negotiations with the firms deemed to be in the competitive range.

6.2.4. Determination of Top-ranked Proposer: Typically, the points awarded by the evaluation committee will determine the final rankings. If the evaluation was performed to the satisfaction of the CO, the final rankings may be forwarded to

Housing Authority of the City of Brownsville Page 15 of 31 the HACB Board of Commissioners (BOC) at a scheduled meeting for approval.

Contract negotiations may, at the HACB's option, be conducted prior to or after the BOC approval.

6.2.5. Contract Price Negotiations: The HACB anticipates that it will conduct negotiations for upcoming projects in the following manner:

6.2.5.1 The HACB anticipates that it will first negotiate with the first top-rated proposer. If the HACB and such proposer have not, within 5 business days, arrived at a mutually agreed upon price for the work, the HACB reserves the right to terminate negotiations with that proposer and begin negotiations with the next rated proposer. Subsequently, if the HACB and such proposer have not, within 5 business days, arrived at a mutually agreed upon price for the work, the HACB reserves the right to terminate negotiations with that proposer and begin negotiations with the next rated proposer. This process may be repeated until the HACB is able to arrive at a mutual agreed upon price with a proposer. In any case, the HACB may NOT as a part of this RFQ, re-enter negotiations with a proposer that the HACB has terminated negotiations with as detailed within this Section 6.2.5.1.

6.2.6. Award Recommendation: It is anticipated that the final rankings will be forwarded to the HACB Board of Commissioners (BOC) at a regularly scheduled board meeting for approval. The BOC will then make its determination as to whether or not to follow the evaluation committee's recommendation. Contract price negotiations may, at the HACB's option, be conducted prior to or after the BOC approval. HACB may elect to conduct all business with the recommended firms on a Task Order/as needed basis.

6.2.7. Notice of Results of Evaluation: If an award is completed, all proposers will receive by e-mail a Notice of Results of Evaluation.

Such notice shall inform all proposers of:

6.2.7.1. Which proposer received the award.

6.2.7.2. Where each proposer place in the process as a result of the evaluation of the proposals received.

6.2.7.3. Each proposer's right to a debriefing and to protest.

6.2.8 Restrictions: All persons having family (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a proposer will be excluded from participation on HACB's evaluation panel.

Similarly, all persons having ownership interest in and/or contract with a proposer will be excluded from participation on HACB's evaluation panel.

6.2.9 Evaluation Criteria: The evaluation panel will use the following criteria to evaluate each proposal:

Housing Authority of the City of Brownsville Page 16 of 31

NO.

MAX POINT

VALUE FACTOR TYPE FACTOR DESCRIPTION

1 15 Subjective (Technical)

Evidence of the proposers ABILITY TO PERFORM THE

WORK as indicated by profiles of the principals' and staff's professional and technical competence, and their facilities.

2 15 Subjective (Technical) Evidence of the proposers CAPABILITY to provide professional services in a timely manner.

3 20 Subjective (Technical)

Evidence of the proposers COMPLETED PROJECTS in terms of using funds and other state, and Federal development funds.

4 15 Subjective (Technical)

Evidence of the proposers PAST PERFORMANCE in terms of cost control, quality of work, and compliance with performance schedules.

5 10 Objective (Technical) Geographic Preference: The firm has an office in either Cameron, Hidalgo, Starr or Willacy counties that has been in operations for at least the last twelve months.

6 15 Subjective (Technical)

The proposer's DEMONSTRATED KNOWLEDGE of local building codes and Federal building alterations requirements.

7 10 Subjective (Technical)

QUALITY OF THE PROPOSAL SUBMITTED, based upon the opinion of the evaluators.

100 POINTS Total Points (other than preference points)

6.2.10 Preference Evaluation Factor: The following factors will be utilized by the staff member assigned by the HACB to evaluate each proposal submittal received:

NO.

MAX POINT

VALUE FACTOR TYPE FACTOR DESCRIPTION

6 OBJECTIVE

SECTION 3 BUSINESS PREFENCE PARTICIPATION: The firm claims Section 3 status. (claim will be verified).

6a 10 The firm claims Section 3 status.

10 Maximum Preference (Additional) Points

110 Total Available Points

6.2.11 Burden of Proof: If requested by HACB, it shall be the responsibility of the proposer(s) to furnish HACB with sufficient data or physical samples, within a specified time, so that HACB may determine if the goods or services offered conform to the specifications.

Housing Authority of the City of Brownsville Page 17 of 31

6.3 Mistake in Proposal Submitted

6.3.1 Reserved.

6.4 Irregular Proposal Submittal: A proposal shall be considered irregular for any one of the following reasons, any one or more of which may, at HACB's discretion, be reason for rejection:

6.4.1 If the forms furnished by HACB are not used, or are altered, and/or are not submitted as required and where provided.

6.4.2 If all requested completed attachments do not accompany the proposal submittal.

6.4.3 If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning or give the proposer submitting the same a competitive advantage over other proposers.

6.4.4 If the proposer adds any provisions reserving the right to accept or reject any award or to enter into a contract pursuant to an award.

6.5 Disqualification of Proposers: Any one or more of the following shall be considered as sufficient for the disqualification of a prospective proposer and the rejection of his/her proposal:

6.5.1 Evidence of collusion among prospective proposers. Participants in such collusion will receive no recognition as bidders or proposers for any future work with HACB until such participant shall have been reinstated as a qualified bidder or proposer. The names of all participants in such collusion shall be reported to HUD and any other inquiring governmental agency.

6.5.2 More than one proposal for the same work from an individual, firm, or corporation under the same or different name(s).

6.5.3 Lack of competency, lack of experience and/or lack of adequate machinery, plant and/or other resources.

6.5.4 Unsatisfactory performance record as shown by past work for HACB or with any other local, state or federal agency, judged from the standpoint of workmanship and progress.

6.5.5 Incomplete work, which in the judgment of HACB, might hinder or prevent prompt completion of additional work, if awarded.

6.5.6 Failure to pay or satisfactorily settle all bills due on former contracts still outstanding at the time of letting.

6.5.7 Failure to comply with any qualification requirements of HACB.

Housing Authority of the City of Brownsville Page 18 of 31

6.5.8 Failure to list, if required, all subcontractors (if subcontractors are allowed by HACB) who will be employed by the successful proposer(s) to complete the work of the proposed contract.

6.5.9 As required by the RFQ documents, failure of the successful proposer to be properly licensed by the City, County and/or the State of Texas and/or to be insured by a commercial general liability policy and/or worker's compensation policy and/or business automobile liability policy, if applicable. If a proposer receives an award unless otherwise waived in the Contract, the Contractor will be required to provide original certificates of the following insurance requirements to HACB within 10 days of contract signature:

Professional Liability Required Limits

HACB and its affiliates must be named as an Additional Insured and be a Certificate Holder. This is required for vendors who render observational services to HACB such as appraisers, inspectors, attorneys, engineers or consultants.

$1,000,000

Business Automobile Liability Required Limits

HACB and its affiliates must be named as an additional insured and as the certificate holder.

$500,000 combined single limit, per occurrence.

Workers' Compensation and Employer's Liability Required Limits

Workers' Compensation coverage is Statutory and has no pre-set limits. Employer's Liability limit is $500,000 Statutory

A waiver of Subrogation in favor of HACB must be included in the Workers' Compensation Policy

$500,000

HACB and its affiliates must be named as a Certificate Holder or both.

Commericial General Liability Required Limits

This is required for any vendor who will be doing hands on work at HACB properties. $1,000,000 per accident

HACB and its affiliates must be named as an additional insured and as the certificate holder. $2,000,000 aggregate

6.5.10 The insurance must be from an A.M. BEST rated firm with an A or A+ rating and with minimum coverage as noted above.

6.5.11 Any reason to be determined, in good faith, to be in the best interests of HACB.

6.6 Award of Proposal(s): The successful proposer(s) shall be determined by the top rated responsive and responsible proposer as determined by the evaluation process detailed above and any further negotiations after preferences for Section 3 Business Concerns are considered, provided his/her proposal is reasonable, he/she is able to deliver the

Housing Authority of the City of Brownsville Page 19 of 31 specified items in a timely manner and it is, in the opinion of HACB, to the bests interests of HACB to accept the proposal.

6.6.1 Multiple Awards: HACB may at its discretion award to more than one Contractor in one or more of the specific services requested herein. HACB establishes the minimum amount of work to any alternate to be $1,000 for any contract period. If by the last quarter of the contract, the alternate Contractor has not received any work HACB has the right to bypass the primary Contractor and negotiate with the alternate to meet this minimum.

7.0 Right to Protest:

7.1 Rights: Any prospective or actual proposer, offeror, or contractor who is allegedly aggrieved in connection with the solicitation of a proposal or award of a contract, shall have the right to protest. Such right only applies to deviations from laws, rules, regulations, or procedures. Disagreements with the evaluators' judgments as to the number of points scored are not reasons for an appeal. An alleged aggrieved protestant claiming this right is hereby informed that these regulations do not provide for administrative appeal as a matter of right for that alleged aggrieved protestant.

7.1.1 An alleged aggrieved "protestant" is a prospective proposer or proposer who feels that he/she has been treated inequitably by HACB and wishes HACB to correct the alleged inequitable condition or situation. To be eligible to file a protest with HACB pertaining to an RFQ or contract, the alleged aggrieved protestant must have been involved in the RFQ process in some manner as a prospective proposer (i.e., recipient of the RFQ documents) when the alleged situation occurred. HACB has no obligation to consider a protest filed by any party that does not meet these criteria.

7.2 Procedure to Protest: An alleged aggrieved protestant shall comply with the following protest procedures, and failure to comply in the manner prescribed shall automatically relieve HACB from accepting or considering that protest:

7.2.1 The alleged aggrieved protestant must file, in writing, to the HACB PM the exact reason for the protest, attaching any supportive data. The protestant must state within the written protest document specifically (not by inference) what action by HACB or condition is being protested as inequitable, making, where appropriate specific reference to the RFQ documents issued and including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The protest document must also state the corrective action requested.

Failure by the alleged aggrieved protestant to fully submit such information shall relieve HACB from any responsibility to take any corrective action, and as a result of noncompliance, the appeal will be dismissed without further review.

7.2.2 The written instrument containing the specific reason for the protest and specific citation of law, rule, regulation, or procedures upon which the protest is based as well as requested corrective action must be received by the HACB PM no later than 4:00 p.m. (local time) on the fifth (5th) CALENDAR Day after the date of Award by the Board of Commissioners. All appeals shall be marked as follows and sent to the address listed below:

8.0 Disputes under the contract:

APPEAL OF RFQ NO. 26-001

Housing Authority of the City of Brownsville

Attn: Julio C. Martinez Procurement Manager

2606 Boca Chica Blvd, Brownsville, TX 78521

8.1 Procedures: In addition to the procedures detailed within Form HUD-5370-C (10/2006), General Conditions for Non-Construction Contracts, Section /-(With or without Maintenance Work), in the event that any matter, claim, or dispute arises between the parties, whether or not related to this RFQ or any resulting contract, both parties shall be subject to nonbinding mediation if agreed to by both parties within thirty days of either party making a request in writing. The parties further agree that if the matter, claim or dispute is not settled during mediation, it shall thereafter be submitted to binding arbitration. The parties shall make a good-faith attempt to mutually agree upon an arbitrator. If the parties cannot mutually agree upon an arbitrator after reasonable efforts have been exerted, then the matter, claim or dispute shall be submitted to the American Arbitration Association for final and binding arbitration. Unless extended by the arbitrator for good cause shown, the final arbitration hearing shall begin no later than two months after selection of the arbitrator.

9.0 Additional Considerations:

9.1 Non-Escalation: Unless otherwise specified within the RFQ documents, the prices reflected in any resulting contract shall remain firm with no provision for price increases during the term of such resulting contract.

9.2 Required Permits and Licenses: Unless otherwise stated in the RFQ documents, all Federal, State or local permits and licenses which may be required to provide the services ensuing from any award of this RFQ, whether or not they are known to either the HACB or the proposers at the time of the proposal submittal deadline or the award, shall be the sole responsibility of the successful proposer and all offers submitted by the proposer shall reflect all costs…