TEXAS FACILITIES COMMISSION

P. O. Box 13047

Austin, Texas 78711-3047

REQUEST FOR QUALIFICATIONS

Technical Advisory Services for the

Center for Alternative Finance and Procurement

RFQ #303-7-00837 ADDENDUM #2

Posting Date: February 13, 2017

Submittal / Opening Date: March 10, 2017, 3:00 PM

Rev. 4-26-2016

TABLE OF CONTENTS

Section IGeneral

Section IIProject Description

Section IIIScope of Services

Section IVSubmittal Information

Attachment AHUB Subcontracting Plan

(Posted as ‘Package 2’ on the ESBD)

Attachment BExecution of Submittal

Attachment CA/E Questionnaire Form

Attachment DA/E Service Contract Template

(Posted as ‘Package 3’ on the ESBD)

Attachment ETFC Background Checks and Application Guidelines

AttachmentFParking Permit for Scheduled Pre-Submittal Conference

Attachment GRFQ Checklist

Page 1 of 22

Technical Advisory Services

RFQ 303-7-00837 ADDENDUM #2

SECTION I

GENERAL

  1. SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2254, SubchapterA, Professional Services, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting submittal of qualifications to provide prime professional architectural/engineering(A/E) services to assist the Center for Alternative Finance and Procurement, a division within TFC (hereinafter referred to as the “Center” or as “TFC”), with technical analysis of potential public private partnerships (hereinafter referred to as “P3”) with respect to qualifying projects for responsible governmental entities, as defined in Texas Government Code Section 2267.001 (11), that have engaged the Center pursuant to Texas Government Code Chapter 771 and Section 2152.110.
  2. CONTRACT TERM: This Agreement shall be effective as of the date executed by the last party, and shall terminate on August 31, 2017 unless extended by the parties by amendment to this Agreement or terminated earlier, as provided below. This Agreement may be renewed for two (s) additional two (2) year periods, provided that amendment is issued and executed during each renewal period prior to the termination of the Agreement.

It is the intention of TFC to make multiple awards for full prime professional architectural/engineering (A/E) services for the term of the contract. No work is guaranteed under this contract. TFC may, but is not obligated to, from time to time engage the services of A/E for one (1) or more specific projects and identify the particular services needed through the issuance of an “Assignment.”

This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the A/E Services Contract shall apply.

  1. BACKGROUND: The mission of the Center for Alternative Finance and Procurement is to consult with governmental entities regarding best practices for the procurement and financing of qualifying projects and to assist governmental entities in the receipt of proposals, negotiation of interim and comprehensive agreements, and management of qualifying projects under Chapters 2267 and 2268 of the Texas Government Code. The Center desires to be on the cutting edge of innovative methods to assist in the delivery of qualifying projects, and is seeking one or more Technical Advisors experienced in a wide variety of P3 transactions for advancement of its P3 program. The Center desires a consultant that has a national and international perspective that is capable of demonstrating broad experience with various project analyses and financing methods across a wide range of infrastructure sectors.

The qualified firms will help the Center accomplish its mission and forward the vision of being the public sector partner of choice byproviding expert resources to governmental entities in all aspects of project delivery. While facilitating the timely and cost effective implementation of projects, the Center, with the help of its advisors, will assist public entities at all levels of government as they explore and implement alternative project delivery models to provide infrastructure assets in their communities.

  1. DEFINITIONS:

Addendum: A modification of the specifications issued by TFC.

Electronic State Business Daily (ESBD): the designated website where state agencies, universities, and municipalities post formal solicitations (over $25K), addendato posted solicitations, and awards. The link to the ESBD is

Good Faith Effort:Effort required by vendors when completing the HUB Subcontracting Plan, which demonstrates the respondent has completed one of the following methods for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs; B) Meeting stated agency goal for HUB subcontracted needs using both HUBs and Non-HUB vendors; C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response; or D) Self-Performing Contract (performing all work with own materials and labor).

Government Entity: a board, commission, department, or other agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, that elects to operate under Chapter 2267 through the adoption of a resolution by the institution's board of regents; and (B) a political subdivision of this state that elects to operate under Chapter 2267 by the adoption of a resolution by the governing body of the political subdivision.

HUB Subcontracting Plan (HSP): The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC).

Historically Underutilized Business (HUB) – A business who certified with the Comptroller of Public Accounts by meeting the following requirements: 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American, American woman, and/or United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with a proportionate interest that actively participates in the control, operations and management of the entity’s affairs.

P3 – Public Private Partnership

Respondent - An individual, partnership or corporation that responds to this RFQ.

RFQ– Request for Qualifications

Owner: The Texas Facilities Commission.

Project Manager: The individual designated by the Owner authorized to represent the Owner during the performance of the contract.

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Page 1 of 22

Technical Advisory Services

RFQ 303-7-00837 ADDENDUM #2

SECTION II

SERVICES DESCRIPTION

  1. When requested, A/E may be required to provide the following technical advisory services, to include but not be limited to, the following:
  2. assist with all or part of the project feasibility analysis, including value for money analysis;
  3. develop, prepare, and present briefing materials and reports to ensure clear and thorough communication with the responsible governmental entity and other key stakeholders of a P3 project;
  4. provide information, including verbal presentations and written materials, to responsible governmental entities and other governmental stakeholders on P3 best practices, including opportunities that can achieve cost savings or revenue generation,
  5. assist in the initial review and/or development of the basis of design, or potentially bridging documents (if required);
  6. assist in the review and/or development of RFI/RFQ/RFP documentation, including drafting clarification questions or responses to requests for clarification from proposers, face-to-face meetings with potential proposers and shortlisted firms,i.e. document comments and questions, draft and distribute minutes to appropriate team members;
  7. provide input during the assessment and evaluation of the technical components of proposer submissions during the procurement process;
  8. contribute to the development of the initial project life cycle risk allocation and mitigation of retained risk strategy;
  9. assist in analyzing the procurement options regarding construction, operations and maintenance scope, output and outcomes such as demand/revenue, service level, and performance metrics;
  10. work in coordination with legal and financial advisors or any other advisors and supporting consultants that may be assigned to a project;
  11. develop and present briefing materials and reports to the government body of the responsible governmental entity and for stakeholder engagement efforts such as public hearings, which may include “whitepapers”, presentations, and speaker notes; and
  12. other duties as requested with regard to P3 program evaluation and development.
  13. The total amount of each contract shall not exceed the sum of Four Hundred Thousand and No/100 Dollars ($400,000.00), inclusive of reimbursable expenses, for each term of the Contract. All fees and expenses that may be payable pursuant to this Contract shall be as set forth and specified in each Assignment, and will be determined as a result of negotiations between the parties based upon the services to be rendered for the specific Project.

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SECTION III

SUBMITTAL INFORMATION

  1. SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below

EVENT / DATE
Issue RFQ / 02/13/2017
Pre-Submittal Conference / 02/23/2017 / Thursday, 10:00 AM
Deadline for Submission of Questions / 03/03/2017
Deadline for Submission of Qualifications & HSP / 03/10/2017 / Friday @ 3:00 PM
Notification to Interview / 03/20/2017
If Interviews are NOT required by TFC
Award by Commission / 04/19/2017
Execute Contract / 05/01/2017
If Interviews are required by TFC
Interviews of short listed firms / 03/29/2017
Award by Commission / 04/19/2017
Execute Contract / 05/01/2017
  1. PRE-SUBMITTAL CONFERENCE: The pre-submittal conferenceis scheduled for Thursday, March 23, 2017 at10:00 AM. The location of the pre-submittal conferences is at the William B. Travis Building located at 15011701N. Congress Ave., Austin, TX 78701 in Conference Room 1-111.

Parking is available in a small Visitor Parking lot of the Central Services Building for a 2 hour limit or free parking is available on the top level of State Garage B, 1511 San Jacinto, Austin, TX. Each vehicle parking in State Garage B is required to display the appropriate parking permit. See Attachment F – Parking Permit.

  1. SUBMISSION REQUIREMENTS:
  2. Respondents shall submit one (1) original and five (5)copies of the submittal. Provide one (1) additional separate copy of the Attachment A, HUB Subcontracting Plan. Additionally, Respondent shall provide a formatted CD or USB flash memory drive containing a complete copy of the vendor’s response to this RFQ. The format shall be Adobe Acrobat version 9.0 or higher. Pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Respondents to this RFQ are responsible for all costs of submittal preparation and delivery.
  3. Respondents are strongly encouraged to provide their response on double sided and recycled paper.
  4. Content: Below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the State. The Attachment A, HUB Subcontracting Plan, the Attachment B, Execution of Submittal, and the Attachment C A/E Questionnaire Form shall be returned; failure to do so shall result in disqualification.
  5. Executive Summary, <10pts> - Including, but not limited to the following:
  6. Respondents shall provide a concise executive summary containing a brief description of their submittal explaining how the firm can provide the services listed in Section II above. The summary should also provide a brief discussion of the Respondent’s organizational history, mission and goals, the number of employees and structure indicating that the Respondent has sufficient skilled, credentialed, and experienced staff to make the projects awarded successful.
  7. Provide a primary contact including name, office phone, mobile phone, and e-mail address.
  8. Relevant Experience & Qualifications: 40 pts>
  9. Relevant Experience:
  10. Complete and submit the Attachment C, A/E Questionnaire Form. The form can be obtained electronically at the TFC website: #20, Index of Forms.The form can be found beginning on page 19 of the RFQ document.
  11. Particularly indicate your firm’s experience with serving in a technical advisory role for public-private partnership projects. Describe past projects, firm’s role, and description of services for past projects.Highlight those projects that meet minimum qualification criteria below.Preference will be given to those projects that are NOT in the transportation sector.Mass transit facilities such as light rail or associated developments are acceptable. Review Chapter 2267 of Texas Government Code for clarification on the types of Qualifying Projects the Center is able to provide consultation.
  12. TFC will also consider the relevant experience and qualifications of othersub-consultants/subcontractorslisted on the Attachment A, HUB Subcontracting Plan. An Attachment C, A/E Questionnaire Form may be included in the submittal for othersub-consultants/subcontractors,and any additional company information provided as appropriate.
  13. In addition to the four most relevant projects detailed in the Attachment C, A/E Questionnaire Form, provide other pertinent project information, including current ongoing projects of comparable experience to the project solicited in this RFQ.
  14. Providethe names of management and key employees proposed for the project team(s)and each person’s responsibilities. Include the background and experience of these employees. Detail previous experience of team members working together on projects, and the firm’s previous experience working with major sub-consultants/subcontractors proposed for this contract.
  15. Negative responses and experiences from state client agencies, regulatory agencies, and TFC, which are familiar with firm’s performance, depending on problems encountered, may be grounds for disqualification.
  16. Company Location: Identify the location of your company’s office that will directly support the Contract. Explain how responsive service will be provided throughout the geographical regions specified on the Attachment C – A/E Questionnaire Form.
  17. Minimum Qualifications:
  18. Contractor shall have advised on a minimum of four (4) Public-Private Partnership projects that:
  19. Contractor served in a technical advisor role;
  20. Total per project exceeded a value of $100 million;
  21. A minimum of one of the four projects listed must have been completed within the past three years.
  22. Out of State vendorsdoing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.
  23. In accordance with Texas Occupations Code Title 6, Subchapter I § 1001.405. Practice by Business Entity; Registration, all Engineering firms submitting a response to this request for Qualifications must maintain current “business entity registration” with the Texas Board of Professional Engineers concurrent with their submission of said response and, if selected, through the term of the contract. Provide a copy of your TBPE Certificate of Registration with your response.
  24. In accordance with Texas Administrative Code Title 22, Part 1, Chapter 1, Subchapter G, Rule §1.124, Business Registration, all Architectural firms submitting a response to this Request for Qualifications must maintain current “business entity registration” with the Texas Board of Architectural Examiners concurrent with their submission of said response and, if selected, through the term of the contract. Provide a copy of your TBAE Certificate of Registration with your response.
  25. Approach to Services: 40 pts>
  26. Submit a detailed description of the approach the Respondent follows to provide technical advisory services. The approach description shall provide sufficient information to enable the Center to understand and evaluate the Respondent’s plan to meet the requirements of the services requested as they pertain to the scope identified above.
  27. Demonstrate how the Respondent shall approach each project awarded under the project in regards to performing initial feasibility and risk analysis, technical assessment advisory services, and drafting of documents, through evaluation of responses and award.
  28. Demonstrate how the Respondent plans to assemble team members that provide a wide range of services and sectors of infrastructure noted in the scope stated above and describe how the team will work in coordination with the Center to meet the objectives of the P3 program.
  29. Provide a staffing plan with an organizational chart indicating the resources and individuals that are anticipatedover the term of the contract. The staffing plan should also include the ability of the Respondent to respond in a timely manner to requests from the Center and the Respondent team resources to be dedicated to the provision of the services required.
  30. Include a plan detailing how the offeror will evaluate and report any actual, potential or perceived conflict of interest that exists or may exist as a result of any work performed, position taken, orconclusion reached for any former or current client which would cause the contractor to be disqualified or provide a basis to question the contractor's impartiality or objectivity throughout the lifetime of the contract.
  31. Quality Assurance / Quality Control:10 pts>
  32. Provide a description of your firm’s quality assurance program. Provide the name and job title of the person in your organization who oversees your quality assurance program. TFC reserves the right to require a copy of your Quality Control Manual and Quality Assurance Processes, which, if contracted, will become a contract document.
  33. Vendor shall describe its quality requirements and means of measurement. Provide a process flow chart on how quality is maintained and achieved.
  34. The respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, and schedule.
  35. Litigation:<P/F>
  36. Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.
  37. Respondents involved in litigation with owners or Architect/Engineer firms may be disqualified.
  38. Attachment B, Execution of Submittal: Failure to sign and return the Execution of Submittal shall result in rejection of the response.
  39. Addenda Acknowledgment:Receipt of all addenda to this RFQ should be acknowledged by returning a signed copy of each addendum signature page with the response. Any amendment to this procurement solicitation will be posted as an addendum on the Electronic State Business Daily. It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to solicitation submittal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFQ.
  40. Attachment A, HUB Subcontracting Plan: In accordance with the Texas Government Code, Sections 2161.181-182 and Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC), the Texas Facilities Commission (TFC) shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction services, including professional and consulting services; and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.13:
  • 11.2% for heavy construction other than building contracts,
  • 21.1% for all building construction,
  • 32.9% for all special trade construction contracts,
  • 23.7% for professional services contracts,
  • 26.0% for all other services contracts, and
  • 21.1% for commodities contracts.
  • As mandated by 34 TAC § 20.14, Respondents must submit an Attachment A, HUB Subcontracting Planthat identifies all subcontracting items and complies with good faith effort requirements outlined in Attachment A, HUB Subcontracting Plan and in accordance with the Comptroller of Public Accounts HUB rules 34 TAC §20.14 (d)(1)(D)(iii).
  • Because of the indefinite nature of the work, for the initial response to this RFQ the PSP respondents must complete the Attachment A, HUB Subcontracting Plan in the following manner:
  • Complete Section 1
  • Complete Section 3 with a narrative stating that the Attachment A, HSP will be completed and a Good Faith Effort performed on all consulting subcontracts for each project-specific assignment that exceeds $100,000.00.
  • Complete Section 4
  • TFC has determined that subcontracting opportunities are probable in the performance of project specific assignments. TFC will select only qualified PSPs at this time. Once a PSP with an executed IDIQ agreement with TFC is requested to submit a professional services proposal for a project specific assignment, that PSP will be required to revise and complete the form, Attachment A, HSP to perform a Good Faith Effort on all consulting subcontractors utilized by the PSP in the performance of the assignment. HUB subcontracting opportunities may be available in the following commodity class/item codes:

Class/Item / Description
906-44 / Heating; Ventilating; Air Conditioning - Architectural Services
906-52 / Interior Design and Space Planning
906-58 / Lighting (Interior, Exterior) - Architectural Services
906-66 / Planning, Site (Installation and Project)
906-78 / Security Systems - Architectural
907-38 / Drafting Services
918-25 / Compliance Consulting, American Disabilities Act (ADA)
925-33 / Engineering Services, Professional
925-36 / Engineering Services
925-42 / Foundation Engineering
925-56 / Inspecting, Structural/Engineering
925-67 / Mechanical Engineering
925-88 / Structural Engineering
961-21 / Cost Estimating
966-18 / Copying Services (Reproduction)

3.3.8.4.If further assistance is needed in preparing the HUB Subcontracting Plan, potential respondents may contact the TFC HUB Coordinator Yolanda Strey at 512-475-0453, or by email at