REQUEST FOR PROPOSAL: RFP# CG-EREBS18R...Request for Proposal: ETCOG Real Estate Brokerage Services...

1 | P a g e RFP# CG-EREBS18R ETCOG Real Estate Brokerage Services 2018 RFP

East Texas Council of Governments

3800 Stone Rd. Kilgore, TX 75662

REQUEST FOR PROPOSAL: RFP# CG-EREBS18R

ETCOG REAL ESTATE BROKERAGE SERVICES 2018

BID RELEASE: October 19, 2018

BID DUE: November 7, 2018

TIME DUE: 11:00 A.M. CDT

David A. Cleveland, Executive Director, ETCOG


BID ACKNOWLEDGEMENT FORM (Please return this form now if participating)

Request for Proposal: ETCOG Real Estate Brokerage Services 2018 RFP Please fill-out and email this page to: [email protected] upon receipt of this RFP bid invitation or mail to: Patricia Hudspeth, CTPM, Procurement Services Dept., 3800 Stone Road, Kilgore, Texas 75662.

Please all that apply:

( ) Yes, I will be able to send a response based on the RFP document received. ( ) No, I will not be able to respond to the RFP for the following reason: ( ) However, please keep me active to receive future bidding opportunities.

( ) Yes, the RFP submission will contain proprietary information.

( ) No, the RFP submission will not contain proprietary information.

PROPOSER INFORMATION:

Date:

Company:

Name:

Address:

State: Zip:

Phone: Fax:

Email:

mailto:[email protected]


TABLE OF CONTENTS

BID ACKNOWLEDGEMENT FORM…………………………………………………………………………………….………. 2

I. GENERAL INFORMATION…………………………………………………………………………………………………… 5

Introduction .............................................................................................................................. 5 Purpose ..................................................................................................................................... 5 Who May Respond ................................................................................................................... 5 Contract Term........................................................................................................................... 5

II. BID TIMELINE SCHEDULE ............................................................................................................ 5

III. PROPOSAL INFORMATION ........................................................................................................ 6

Definitions ................................................................................................................................ 6

IV. SUBMISSION INSTRUCTIONS……………………………………………………………………………………… ........ 7 RFP Retrieval………………………………………………………………………………………………… ....................... 8 Proposer Questions .................................................................................................................. 8 Staff Responses ........................................................................................................................ 8 Sealed Proposal Process ........................................................................................................... 8 HUB Best Practices ................................................................................................................... 9

V. PROPOSAL STRUCTURE and FORMAT ..................................................................................... 10

VI. STATEMENT OF WORK ....................................................................................................... 11 Service Requirements ............................................................................................................... 11 General ..................................................................................................................................... 11 Description of Services ............................................................................................................. 11 Compensation and Fee Structure ............................................................................................. 11 Personnel Experience an Qualification Requirements ............................................................. 13

VII. EVALUATION AND AWARD .............................................................................................. 15

Proposal Evaluation ..................................................................................................... 15 Evaluation Criterion Chart ........................................................................................... 15 Award Terms…………………………………………………………………………………………………………. 15 Award Notification ...................................................................................................... 16

IX. GENERAL PROVISIONS ............................................................................................................ 16

X. ESSENTIAL CLAUSES AND CERTIFICATIONS ............................................................................... 17

XI. SIGNATURE PAGE ..................................................................................................................... 21


EXHIBITS

EXHIBIT A – ETCOG REAL PROPERTY LIST...................................................................................... 22

ATTACHMENTS

ATTACHMENT A – TREC Information About Brokerage Services................................................. 23 ATTACHMENT B – Compensation and Fee Schedule………………………………………………………………...24 ATTACHMENT C – Conflict of Interest (CIQ)..................................................................................25 ATTACHMENT D – Customer Service Creed.................................................................................. 26


SECTION I. GENERAL INFORMATION INTRODUCTION East Texas Council of Governments (ETCOG) was organized under state law for the purpose of orderly planning and development of the East Texas Region. Currently ETCOG serves a 14-county area including Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood Counties and its member Governments are comprised of counties, cities, school districts and special purpose districts. ETCOG assists local governments in planning for common needs, cooperating for mutual benefit and coordinating sound regional development. Either directly or through contractors, ETCOG provides programs and services for East Texas seniors, employers and job seekers. ETCOG also builds the 9-1-1 emergency call delivery system, provides peace officer training and homeland security planning services; and delivers rural transportation services, business finance programs, grant writing services and environmental grant funding for the region. PURPOSE East Texas Council of Governments (ETCOG) is soliciting proposals from qualified brokerage firms to participate in this Request for Proposal (RFP) process who are capable of providing commercial real estate brokerage services to include but not be limited to lease, lease/purchase, purchase options for all types of real property needs and in accordance with the specifications contained in the bid document. ETCOG real property includes ETCOG main office, two (2) Area Agency on Aging (AAA) locations in Kilgore and Tyler Texas, and seven (7) facility locations in Longview, Tyler, Athens, Jacksonville, Henderson, Marshall, and Palestine, Texas, that houses Workforce Solutions Centers. East Texas Council of Governments (ETCOG) is soliciting qualified firms to participate in a Request for Proposal (RFP) process, who are capable of providing commercial real estate brokerage services to include but not be limited to lease, lease/purchase, and purchase options for all types of real property needs. ETCOG real property includes ETCOG main office, two (2) Area Agency on Aging (AAA) locations in Kilgore and Tyler Texas, and seven (7) facility locations in Longview, Tyler, Athens, Jacksonville, Henderson, Marshall, and Palestine, Texas, that houses Workforce Solutions Centers. WHO MAY RESPOND Responses to this RFP are sought only from experienced brokers who can demonstrate their ability to perform and who have personnel with a proven track record of success in providing commercial real estate brokerage services. CONTRACT TERM

Original Term. The services requested shall be provided for one initial year to commence at the time of the ETCOG Executive Director signature, and to include three (3) one-year options for renewal upon written approval by all affected parties, for each option year not to exceed more than a four-year contract term, unless terminated earlier by the terms of the Contract awarded pursuant to this RFP. Such Contract shall be valid from acceptance of the Proposal, or a subsequent Best and Final Offer (BAFO), by the selected Proposer and official award notification.

Option to Renew Contract. ETCOG reserves the right to renew any Contract resulting from this RFP, at their sole discretion, for up to three (3) one-year renewal terms, at the Contract rate, or rates, as modified during the term of the Contract, to be evidenced in writing prior to the expiration date of the initial term.


SECTION II. BID TIMELINE SCHEDULE (All dates are subject to change)

BID Advertisement/BID Release Friday, October 19, 2018 Deadline for Submission of Questions Thursday, October 25, 2018 (5:00 PM)

Response to Questions Posted Tuesday, October 30, 2018 RFP Submissions Due/Bid Opening Wednesday, November 7, 2018 (11:00 AM) Team Briefing/Evaluation Commences November 8-20, 2018

Award Recommendation Tuesday, November 27, 2018 (1:30 PM) Executive Committee Thursday, December 6, 2018 Pre-Bid Conference There will be no Pre-Bid conference.

SECTION III. PROPOSAL INFORMATION Proposals will be received until the deadline date and time designated for receipt. Public attendance is allowed; however, RFP procedure will be adhered to in accordance with non-disclosure mandates. Submitted proposals shall be opened in a manner that does not disclose the contents before a subaward is awarded. Only the names of the Proposers who submitted proposals will be made public. Prices and terms will not be divulged until after an award has been finalized. ETCOG considers all information, documentation and other related submission materials to be confidential and/or proprietary before an award has received final approval.

• Telephone, email, and facsimile proposals are not acceptable in response to this RFP.

• All submitted proposals become the property of ETCOG after the RFP deadline/opening date.

• Responses submitted shall constitute an offer for a period of ninety (90) calendar days or until a preferred selection for award is approved by the ETCOG, whichever comes first.

• All programs and employers under the auspices of ETCOG are in compliance with EEO. Auxiliary aids and services are available, upon request, to individuals with disabilities.

DEFINITIONS (For purposes of this RFP, the following definitions apply):

(a) Addendum. Any modification of the specifications which is posted on the Electronic State Business Daily, at http://esbd.cpa.state.tx.us/, prior to the opening of proposals;

(b) Best and Final Offer (BAFO). A revision of the originally submitted Proposal by a Proposer

following a formal request for revisions of Proposals made to selected Proposers;

(c) Contract. The contract awarded as a result of this RFP, and all exhibits thereto. The Contract will

incorporate the contents of this RFP, any Addendum issued in conjunction with this RFP, the Award Letter, ETCOG’ purchase orders, the successful Proposer’s Proposal, including all exhibits, any BAFO, and any subsequent submission by Proposer, except as specifically provided to the contrary in the Contract and any amendments to the Contract;

(d) Code. Where used herein, “Code” refers to Texas statutory codes, such as the Texas Finance

Code, Texas Government Code, Texas Business & Commerce Code, Texas Civil Practice & Remedies Code, Texas Family Code, Texas Utilities Code, and other Texas statutory codes, unless explicitly stated otherwise;

(e) Comptroller. The Texas Comptroller of Public Accounts;

http://esbd.cpa.state.tx.us/


(f) Contractor. Proposer whose Proposal results in a contract with ETCOG;

(g) Historically underutilized business (HUB) as defined by Government Code, § 2161.001(2). See generally, Government Code, Chapter 2161, and 34 Texas Administrative Code §§ 20.10 – 20.28;

(h) Proposal. Proposal to provide commercial real estate brokerage services to ETCOG submitted by a

Proposer to this RFP;

(i) Proposer. Individual or entity responding to this RFP;

(j) RFP. This Request for Proposal for commercial real estate brokerage services issued by ETCOG,

including the RFP’s General Terms and Conditions and Essential Clauses and Certifications as set forth in this RFP document, including all exhibits and attachments.

SECTION IV. SUBMISSION INSTRUCTIONS 1. Proposers shall submit one (1) original hardcopy of the proposal marked ‘Original’ along with five (5)

copies marked ‘Copy’ and must also include one (1) USB thumb drive copy of the proposal. Email and facsimile submissions are not allowed and will not be accepted.

2. Pages should be numbered and contain an organized, paginated table of contents corresponding to

the section and pages of the proposal. At least an eleven (11pt) point font of Calibri, Arial, or Times New Roman is acceptable and must be legible.

3. RFP submissions must be clearly identified on the outermost return envelope/packaging and received by Bid Opening at 11:00 A.M., Wednesday, November 7, 2018, regardless if by mail, courier/delivery services, or hand delivered, at:

East Texas Council of Governments (ETCOG) Attn: Trish Hudspeth, CTPM

Procurement Services Department 3800 Stone Road, Kilgore, TX 75662

4. It is the Proposer’s sole responsibility to prepare, submit, and deliver or arrange delivery of the RFP proposal(s) with all required exhibits and materials to the designated location on or before the published submittal deadline.

5. ETCOG will not bear liability for any costs incurred in the preparation and submission of proposals in

response to this RFP.

6. RFP submission deadline time will be determined by the ETCOG lobby clock. 7. Courier or delivery services may not deliver directly to the specified location; therefore, it is strongly

recommended:

• Proposers should allow sufficient time for delivery of proposal prior to the published deadline to

PRINT: Company Name, RFP# CG-EREBS18R, November 7, 2018, 11:00 AM in bottom left-hand corner of the outermost Return Envelope/Package


the location specified above, Section IV. Submission Instructions, item 3, this page.

• Proposers understand that failure to submit a proposal by designated deadline, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting subaward.

8. Submit a complete proposal. Proposers are advised to carefully review all the requirements and

submit all documents and information as indicated in this RFP. Incomplete proposals may lead to a proposal being deemed non-responsive, meaning that non-responsive proposals will not be considered.

9. It is the Proposer’s sole responsibility to ensure any addenda or additional materials pertinent to the proposal be included in or with the RFP submission. ETCOG will not be held liable for missing addenda or materials at the time of the RFP Opening, and said addenda or additional materials may not be accepted past the RFP submission deadline date and time. ETCOG reserves the right to discern ‘errors and omissions’ of non-material issues and discoveries during the review process and at their sole discretion, accept or reject.

RFP RETRIEVAL The RFP document, RFP updates, and additional RFP information or amendments will be posted on the ETCOG website and may be retrieved by clicking on ‘ETCOG Real Estate Brokerage Services 2018 RFP’ at http://www.etcog.org/procurements. In addition, Proposers may request a RFP copy by email request to Trish Hudspeth at: [email protected]. PROPOSER QUESTIONS

As referenced in Section II. Bid Timeline Schedule, p. 6, Proposer questions are due October 25, 2018. Proposer questions, requests, and/or inquiries for additional information regarding RFP requirements and bid process must be emailed to Trish Hudspeth at: [email protected] Verbal Communication for clarification is not allowed and will not be addressed, no exceptions. Failure to follow this directive may disqualify Proposer and/or result in rejection of proposal.

STAFF RESPONSES

Proposers must go online at http://www.etcog.org/procurements and retrieve responses to all Proposer questions asked by end of day October 30, 2018. NOTE: Proposers who email questions will not receive a personal response to their question(s) but must retrieve question responses online to the benefit of all Proposers. Therefore, it is the Proposers sole responsibility to review the ETCOG website periodically for RFP responses to questions, RFP amendments and updates. ETCOG will not be held responsible for Proposers not having the most up to date RFP details and information.

SEALED PROPOSAL PROCESS Upon issuance of this RFP, other than written communication as described above, other employees and representatives of will not answer questions or otherwise discuss the contents of the RFP with any potential proposer or their representatives. Failure to observe this restriction may result in

http://www.etcog.org/procurements



http://www.etcog.org/procurements


disqualification of any subsequent response. This restriction does not prohibit discussions between affected parties for the purpose of conducting business unrelated to this proposal. Furthermore, ETCOG reserves the right to a closed RFP process for proposal review/analysis and award recommendation procedures to the best interest of and best benefit to as well as ensure the best competitive environment for all parties, and in accordance to Texas Local Government Code: Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS. (a) Trade secrets and

confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. In addition, and in accordance to Government Code, Chapter 552. Public Information:

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR BIDDING. (a) Information is excerpted from the requirements of Section 552.021 if it is information that, if released, would give advantage to a competitor or bidder. (b) The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff. June 15, 2001.

HUB BEST PRACTICES

shall comply with Historically Underutilized Business (HUB) programs to ensure small, disadvantaged, minority, and women owned businesses are considered as sources for acquisitions whenever possible by:

• choosing the HUB organization in the case of tie bids;

• soliciting these businesses whenever they are potential sources;

• when economically feasible, dividing total desired services into smaller components to permit maximum participation by these businesses;

• if the requirement permits, establishing delivery schedules that will encourage small, disadvantaged, minority, and women’s businesses to participate; and

• using the services and assistance of the Small Business Administration or the Minority Business Development Agency, as needed.

Proposer is encouraged to make a good faith effort to consider HUBs when subcontracting. Some methods for locating HUBs include:

• going online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ to utilize the Texas Comptroller of Public Accounts website;

• utilizing Web sites or other small, disadvantaged, minority, and women owned business directory listings maintained by local Chambers of Commerce;

• advertising subcontract work in local minority publications; and/or contacting the contracting state agency for assistance in locating available HUB listings.

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.252.htm

http://www.statutes.legis.state.tx.us/StatutesByDate.aspx?code=GV&level=SE&value=252.049&date=6/26/2014

http://www.statutes.legis.state.tx.us/StatutesByDate.aspx?code=GV&level=SE&value=552.104&date=6/26/2014

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552.021&Date=6/26/2014



https://comptroller.texas.gov/purchasing/vendor/cmbl/


HUB Definitions A Historically Underutilized Business (HUB) is defined as a business that is formed for making a profit and is otherwise a legally recognized business organization under the laws of the state of Texas. At least 51% of the assets and interest and/or classes of stock and equitable securities must be owned by one or more economically disadvantaged persons who are United States citizens born or naturalized. The following are recognized by the State of Texas as having been economically disadvantaged because of their identification as members of the qualifying groups - Asian Pacific Americans (AS), Black Americans (BL), Hispanic Americans (HI), Native Americans (NA), and American Women (WO). These individuals must demonstrate active participation in the control, operation, and management of the daily business affairs of the company that is proportionate to their ownership interest. HUB businesses must have a permanent business office located in Texas where the majority HUB owner(s) makes the decisions, controls the daily operations of the organization, and participates in the business. Owners must be residents of the state of Texas and meet all other certification and compliance requirements. Out-of-state businesses are ineligible for state certification.

Subcontract means a subaward entered between a prime subrecipient and a third party. The subcontract expressly provides all or a portion of the work specified in the prime subaward. A prime subrecipient's purchase of ancillary goods and services that support the direct provision of the subaward are excluded. Each HHS agency, at its option, specifies in the subaward what is and is not ancillary.

SECTION V. PROPOSAL STRUCTURE & FORMAT ETCOG aspires to achieve as uniform a review process as possible to ensure the maximum degree of comparability among proposals. Therefore, before submitting a proposal, please ensure all items that follow are returned with submitted proposal and organized in the same order as listed below:

➢ Title or Cover Page - List the 1) RFP name, 2) company name, 3) contact name and email address 4) physical address, 4) telephone number, 5) fax number, 7) company email address, and 8) date.

➢ Table of Contents - Clearly identify the proposal material by section and page number in the order as presented.

➢ Letter of Transmittal - Limit to one or two pages.

1. Provide a brief company profile. 2. Briefly state proposer understanding of the service(s) to be provided and make a positive

commitment to perform the work in a timely manner.

➢ Personnel Experience and Qualifications Requirement (p. 13)

➢ Proposal Requirements (Section VII., p. 14) 1. Qualifications/Competencies 2. List of Key Personnel 3. Compensation and Fee Schedule (Attachment B) 4. Conflict of Interest Disclosure (Attachment C) 5. Proposed Services

a. Organizational Overview


b. Client Mix c. Transactions d. References e. Litigation f. Credentials g. Other Proposal Requirements

➢ Required Items to return with proposal submission (in addition to the above)

1. Attachment A – TREC Information About Brokerage Services form 2. Attachment B – Compensation and Fee Schedule 3. Attachment C – Conflict of Interest Form (CIQ) 4. Signature Page, and any pages requiring checkmarks, signatures/initials, i.e. Essential

Clauses and Certifications Note: Failure to return any of the required items above, and in the order requested, may result in a bid proposal being disqualified and/or treated as a no-bid. However, ETCOG and/or WSETB will address any ‘omissions and errors’ issues discovered before and/or after bid opening and make the determination of acceptance and/or rejection, in the best interest of WSETB programs and clients served.

SECTION VI. STATEMENT OF WORK SERVICE REQUIREMENTS Services shall include, but not be limited to, the requirements contained in this section and in this RFP. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow Proposers to offer alternatives to the manner in which the services are provided.

GENERAL Immediate Real Property Needs: In order to make a sound and informed decision regarding the immediate real estate needs of Henderson, Jacksonville, Longview and Palestine workforce locations, as identified on Exhibit A, (p. 22), ETCOG will require the successful proposer to provide an assessment of the current commercial real estate conditions for each of these three (3) workforce locations in order to determine the most practical and economical solution for their specific real estate needs. Proposers must reference the ETCOG Real Property Listing (Exhibit A) that includes specification details for each location to assist brokers in the overall scope of services to be rendered for immediate real property needs. Future Real Property Needs In order to make a sound and informed decision regarding future facility locations, the successful proposer will provide ETCOG an assessment of commercial real estate conditions to determine the most practical and economical solution for any future real property location/space needs and requirements. Again, proposers must reference the ETCOG Real Property Listing (Exhibit A) that includes specification details to assist brokers in the overall scope of services to be rendered for any forthcoming real property needs, on an as needed basis.


DESCRIPTION OF SERVICES Proposers are required to provide the following services, without exception. However, in the event a proposer has an exception to any of the following services addressed below, proposer must identify the exception along with a detailed explanation for the exception, which may or may not have a bearing on proposal acceptance or rejection at the sole discretion of ETCOG and programs served. 1. The Contractor will be responsible for providing support to ETCOG’ staff in analyzing, negotiating,

and closing on the purchase and/or lease of land and/or existing buildings of suitable real property for ETCOG’ operations of all facility locations, as the need arises.

2. The principal responsibilities of the Contractor shall be to identify and qualify potential properties; conduct due diligence on each property; solicit term sheets from selected properties; and negotiate the selected real estate transaction to minimize ETCOG’ overall occupancy costs.

3. Specific services over the term of the contract may include, but are not limited to, the following:

a. Analyze all ETCOG facility locations, specifications and requirements as identified by Exhibit A;

b. Review ETCOG’s immediate workforce location requirements for Henderson, Jacksonville, Longview, and Palestine facilities and be prepared for immediate action if awarded.

c. Prepare a comprehensive market study, which may include completed facilities, vacant lots and lots where an existing structure could be demolished, along with an interpretation and assessment of relevant market trends;

d. Conduct due diligence investigation of each potential property’s specific suitability for

ETCOG’ requirements including terms of tenant contracts as well as ownership financial strength/liquidity;

e. Assist ETCOG in determining appropriate shortlist of candidate properties; f. Prepare and negotiate landlord lease and/or property purchase agreements for existing

location and alternatives; g. Analyze initial term sheets received – both financial and non-financial proposed terms, as

well as build-out cost and timeframe implications;

h. Prepare presentations comparing alternatives to ETCOG; i. Assist ETCOG in selecting primary and alternative properties; j. Solicit draft transaction documents from selected landlords and/or sellers; k. Assist ETCOG and legal counsel with lease and/or purchase negotiation process; Coordinate

execution of all transaction documents, evidence of insurance, Non- Disturbance Agreements, etc.;


l. Assist ETCOG staff as requested with various other miscellaneous real estate activities such as providing general real estate economic information and analysis on real estate issues of interest to ETCOG and programs served and provide general expertise to ETCOG on real estate related matters.

m. Other services as requested, for immediate and future real property needs as they arise.

COMPENSATION AND FEE SCHEDULE (Attachment B) ETCOG will pay for services performed by the Contractor during the effective term and within the scope of the Contract. However, ETCOG will be relieved of any obligation to accept performance or to pay for work performed after the effective date of any termination or for work performed outside the scope of the Contract, or for any sale or purchase that results from negotiations that commenced prior to the execution of the Contract. Compensation for the entire scope of services as indicated in this RFP, including research, marketing and any additional/specialty support services related to potential sale and purchase transactions, shall be through commercial real estate brokerage commissions based on sale price and purchase price, or total, as follows:

1. Payment for services rendered will be made in compliance with the provisions of Texas

Government Code, Chapter 2251. 2. Lease and/or Purchase Commission. Should ETCOG after governing body approval(s) as warranted

complete a transaction for the lease and/or purchase of any real property, ETCOG expects that Contractor will be entitled to a brokerage commission paid by the seller of the property, pursuant to a commission split agreement between Contractor and seller’s broker, in accordance with standard market practice. Proposer’s proposal will warrant that this is the case, and/or state other commission scenarios for consideration, if any, that it feels may be relevant.

3. Sales Commission - Should ETCOG after governing body approval(s) as warranted complete a future transaction for the sale of any currently owned real property, Contractor will receive a brokerage commission paid by ETCOG, based on a percentage of the selling price of the real property, to be paid from the proceeds of the sale at the close of escrow. At such a time, Proposer’s proposal will state its requested commission percentage. The proposed commission will be the total compensation paid by ETCOG and will include any commission due to the buyer’s broker pursuant to a commission split agreement between Contractor and the buyer’s broker. Contractor should cooperate with outside brokers in accordance with standard market practice.

4. Other Services Rendered – Should ETCOG after governing body approval(s) as warranted request any real estate services pursuant to the ‘Description of Services’, p. 12, proposers will provide an hourly rate for such services rendered.

5. Taxes. All taxes due shall be the responsibility of the Contractor.

PERSONNEL EXPERIENCE AND QUALIFICATION REQUIREMENT Responses to this RFP are sought only from experienced brokers who can demonstrate their ability to perform and who have personnel with a proven track record of success in providing commercial real estate brokerage services. Proposer must evidence that lead broker and any real


estate personnel servicing ETCOG’s real estate needs meet the following qualifications to be eligible for consideration for current and all real estate projects as they arise during the term of a contract: 1. The lead broker and other key commercial real estate professionals assigned to the contract must

be licensed real estate brokers in the state of Texas.

2. The lead broker assigned to the contract and responsible for the coordination and execution of the work should have a minimum of ten (10) years of experience and a proven track record in providing site identification, selection, and acquisition commercial real estate brokerage transactional services.

SECTION VII. PROPOSAL REQUIREMENTS Proposer must address and respond to the following:

1. Qualifications/Competencies – Describe qualifications and ability to deliver the services

required, including evidence of compliance with all the minimum requirements as set forth in Section VI., Statement of Work, Personnel Experience and Qualification Requirements, p. 13.

2. List of Key Personnel. The Proposer should include the names, titles, qualifications and experience of any of Proposer’s personnel proposed to provide commercial real estate brokerage services under this RFP and Contract.

3. Compensation and Fees. Provide information as directed under ‘Compensation and Fees Schedule (p. 13) and Attachment B (p. 24) regarding Proposer’s proposed fees to be charged by Proposer for the commercial real estate brokerage services and for any related services.

4. Conflict of Interest Disclosure. The Proposer shall identify any and all relationships that might be a conflict of interest or cause an appearance of a conflict of interest, Attachment C.

5. Proposed Services. The Proposal must provide evidence that the Proposer and proposed

services will meet the requirements for commercial real estate brokerage services pursuant to ‘Description of Services, p. 12’ and all other requirements of this RFP, and any other applicable statutes and rules. Without limitation, the Proposal must include the following:

a. Organizational Overview - A brief overview of Proposer’s organization, including history,

organizational structure, market position, etc.

b. Client Mix - A description of Proposer’s client mix; the range of transactional support services offered by Proposer; any relevant research products offered by Proposer; any other unique qualifications or capabilities Proposer possesses relative to other firms that could assist ETCOG in their transactional goals.

c. Transactions - A list of the purchase transactions within the East Texas area, closed by Proposer's proposed account executive(s)/lead brokers in the last three years. Include property address, buyer, seller, square footage, price, and date closed.

d. References - A list of at least three (3) client references for deals completed within the


last five years by the account executive(s)/lead brokers, with an emphasis on government and non-profit clients, if possible. Include all relevant transaction details and the primary client contact’s title, email address, and phone number.

e. Litigation - A list and description of any regulatory proceedings, licensing actions, lawsuits, arbitrations, formal protests or other legal actions related to real estate services in which Proposer and its account executive(s)/brokers/real estate professionals have been involved in the last three years.

f. Credentials - Copies of business licenses, professional certifications or other credentials for Proposer’s account executive(s)/brokers/real estate professionals, together with evidence that Proposer, if a corporation, is in good standing and qualified to conduct business in Texas.

6. Other Proposal Requirements

a. Proposers must comply with all rules, regulations, and statutes regarding purchasing by the State of Texas, ETCOG policies, WSETB policies, in addition to the requirements of this RFP; and

b. Proposer must initial any alterations or amendments made to its Proposal prior to submittal to ETCOG. No Proposal may be withdrawn after opening time without ETCOG’ approval of an acceptable written reason.

SECTION VIII. EVALUATION AND AWARD

PROPOSAL EVALUATION – Proposals will be evaluated using a predetermined point/weight ranking method to ascertain which proposers best meet the needs of WSETB interests and responsibilities.

NOTE: A composite grade will be given for the above-mentioned criteria of 0-100. Proposals will be rated numerically and those that receive a minimum of 70 points or more will be eligible for selection. The ratings will be based on the qualifications provided in the proposal by the closing date/time of the RFP. ETCOG, if so chooses, may select more than one proposer to perform the services.

AWARD TERMS

• Proposals will be reviewed by staff for compliance and responsiveness and will be rated by an evaluation team made up of committee/board members, outside evaluators, and/or other subject matter experts as deemed necessary for best possible results.

• All requested/required documentation must be returned with proposal and identified information provided as instructed throughout the RFP

EVALUATION CRITERION WEIGHT

Demonstrated experience, competence, qualifications, and capability to perform commercial real estate brokerage services as specified

50%

References and other indicators of probable performance under the Contract such as past performance, responsibility, financial resources, and ability to perform.

25%

Fairness and reasonableness of proposed fees 25%

Total 100%


• The successful proposer(s) will be required to furnish copies of Professional Licenses and Certifications, Professional & General Liability (E&O) and Workers’ Compensation Insurance Certificates.

Note: It is the Proposer’s sole responsibility to thoroughly read and provide all required and requested information as addressed in the RFP document and not ETCOG and/or WSETB. Failure to return any of the items requested may result in a bid proposal being disqualified and/or treated as a no-bid. However, ETCOG and/or WSETB will address any non-materiel ‘omissions and errors’ issues discovered before and/or after bid opening and make the determination of acceptance and/or rejection, in the best interest of WSETB programs and clients served. AWARD NOTIFICATION

• It is expected a decision on the recommendation or the selection of the successful Proposer will be made on December 6, 2018. (date subject to change)

• Notification of award results will be provided to all Proposers who submitted bid proposals.

• In the event, negotiations with the Successful Proposer fail, then negotiations will commence with the next best qualified Proposer, and so on, until successful negotiations have been achieved.

SECTION IX. ETCOG GENERAL PROVISIONS

A. ETCOG reserves the right for any contract resulting from the RFP to be contingent upon the continued availability of funding.

B. ETCOG reserves the right to require oral presentations by any or all firms. In the event of oral

presentations, a second matrix will be developed based on the selection criteria. C. ETCOG may make a contract award without oral presentation and or discussion with firms

after RFP responses are received by the ETCOG. Therefore, RFP responses should be submitted on the most favorable terms.

D. ETCOG reserves the right If only one or no proposal is received by ‘submission date’ to accept,

reject, re-solicit, accept, cancel, and/or extend the RFP from original submission date, as needed.

E. ETCOG also reserves the right to accept, reject or negotiate proposals received, and to select

the proposal it considers in its best interest based upon the requirements and descriptions outlined in this RFP; as well as, to vary or waive any provisions set forth in this RFP in the best interests of ETCOG and administered programs.

F. ETCOG reserves the right to request additional information and/or meet with representatives

from responding Proposers to discuss submitted proposal, before and after RFP submission, all of which may be used in forming a recommendation for award and/or negotiation of a contractual agreement.

G. This RFP does not commit or obligate ETCOG to allow any costs incurred in advance of the

execution of a contract.


H. ETCOG reserves the right to negotiate the final terms of any potential agreement or contract as a result of this RFP with Proposers, to include but not limited to, any essential clauses or certifications in this RFP. Proposal must have original signature of the person having the authority to bind the organization to a contract or it may be rejected for non-compliance. A proposal which cannot be successfully negotiated will not be funded.

I. ETCOG reserves the right to claim ownership of any proposal submitted in response to this RFP to be the property of ETCOG, and is not obligated to return proposal responses, binders or exhibits to Proposers. Proposer should not include proprietary information or trade secrets. Information submitted may be subject to disclosure under the Texas Open Records Act, it will be the responsibility of the Proposer to seek an exemption from disclosure and file any necessary documents with the Attorney General.

J. Conflict of interest is a serious issue. Proposers may not hire ETCOG management or support

staff that were involved in the evaluation and/or selection process under this proposal. Proposers must sign and submit the Conflict of Interest Form (CIQ). (Attachment C).

K. Proposals not selected for funding may be appealed only with respect to any fault or violation of law or regulation regarding the review process. Appeals must be filed within ten calendar days of the final ETCOG action, at the same address as delivery of the RFP. For a copy of detailed appeal procedures contact Trish Hudspeth by email at [email protected].

L. All programs and employers under the auspices of ETCOG are in compliance with EEO. Auxiliary aids and services are available, upon request, to individuals with disabilities.

SECTION X. ETCOG ESSENTIAL CLAUSES AND CERTIFICATIONS The following pages that require checkmarks and/or signature must be included with proposal and Proposer must also be in full agreement and compliance of general essential clauses that will be included in any resulting contract or service agreement referencing. Failure to return any pages requiring Proposer signature may cause proposal to be null and void.

Equal Opportunity ETCOG is an equal opportunity employer. All programs under the auspices of the ETCOG are equal opportunity entities. Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Deaf, hard of hearing or speech impaired customers may contact Relay Texas: 800-735-2989 (TD) and 711 (Voice). Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this contract. Funding Out Funding is contingent upon the continued availability of funds as appropriated by state and/or federal sources. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, Contractor will not hold liable ETCOG for payment or damages other than payment owed to Contractor for service already provided at the time of said notice.



Drug-Free Workplace Proposer represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. § 701 et seq.) and maintain a drug-free work environment. Liability for Property Damage Successful Proposer shall be liable for all damages to ETCOG owned, leased, or occupied property and equipment caused by Proposer and its employees, agents, subcontractors, and suppliers, including delivery or cartage company, in connection with any performance pursuant to a contract as a result of this RFP. The Proposer shall notify the awarded contract’s designated contact in writing of any such damage within one (1) calendar day.

Limitation on Authority; No Other Obligations Successful Proposer shall have no authority to act for or on behalf of ETCOG except as expressly provided for in a contract or agreement resulting from this RFP; no other authority, power, or use is granted or implied. Successful Proposer may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of ETCOG.

Liability for Taxes Successful Proposer represents and warrants that it shall pay all taxes or similar amounts from any contract or agreement resulting from this RFP, including, but not limited to, any federal, State, or local income, sales, or excise taxes of successful Proposer or its employees. ETCOG shall not be held liable for any taxes resulting from the Successful Proposer executing the performance of any contract or agreement. Abandonment or Default

If a Contractor defaults on a contract resulting from this RFP, ETCOG reserves the right to cancel the contract without notice and either re-solicit or re-award the contract to the next best responsive and responsible Proposer. The defaulting Contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work significantly changed. The period of suspension will be determined by the agency based on the seriousness of the default. Change Management The Contractor agrees that key personnel assigned to any contract and/or service agreement

resulting from this RFP shall remain available for the entirety of the project throughout the term of the Contract for the duration of said staff is employed by the Contractor.

Furthermore, it is understood that any resulting contract or agreement resulting from this RFP will contain the following language: “Should there be a change in ownership or company management, the contract shall be canceled unless an agreement is reached with the new owner or new manager

to continue the contract with its present provisions and pricing. This contract is non-transferable by either party.” Antitrust

Neither Proposer firm, corporation, partnership, or institution represented by Proposer or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2)


communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the this bid process.

Conflict of Interest Questionnaire (CIQ) (Attachment C) Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to contract with ETCOG to file a conflict of interest questionnaire (CIQ) if they have an employment or other business relationship with an officer of ETCOG or ETCOG or an officer's close family member. The CIQ must be completed and filed with the proposal response if an employment or business relationship defined in the law exists. Buy Texas In accordance with Texas Government Code, Section 2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. Texas Sales and Use Tax Pursuant to § 2155.004, Government Code, a state agency may not accept a bid or award a grant to any individual not residing in this state or business entity not incorporated in or whose principal domicile is not in this state unless: the individual or business entity holds a pe1mit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state or certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax. The undersigned authorized representative of the business entity being awarded a grant herein certifies that it (indicate the statement that applies to your business entity): holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state; or does not sell tangible personal property or services that are subject to the state and local sales and use tax. Force Majeure Neither Contractor nor ETCOG shall be liable to the other for any delay in, or failure of performance, of any requirement included in a contract resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business of the existence of such force majeure, or otherwise waive this right as a defense. Lobbying This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).


The undersigned (p. 21), certifies that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any federal grant award, grant, loan or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant award, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all sub awards at all tiers (including subgrant awards, subgrants, and grant awards under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

Debarment, Suspension, and Other Responsibility Matters This certification is required by the Federal Regulations, implementing Executive Order 12549, Government- wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), Department of Health and Human Services (45 CFR Part 76). The undersigned (p. 21), certifies that neither it nor its principals: (1) Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from participation in this transaction by any federal department or Agency.

(2) Have not within a three-year period preceding this grant award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or grant award under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental

entity with commission of any of the offenses enumerated in Paragraph (2) of this certification; and,

(4) Have not within a three-year period preceding this grant award had one or more public

transactions terminated for cause or default.


SECTION XI. SIGNATURE PAGE (must return with proposal submission) Acknowledgement of Essential Clauses and Certifications – The Essential Clauses and Certifications are a material representation of fact upon which reliance is placed when entering into any contract or agreement resulting from this RFP. The return of these required documents signed with original signatures by an authorized representative of Proposer are prerequisites for finalizing the award and must be returned with the proposal. Failure to do so may deem a proposal null and void, at the sole discretion of ETCOG and programs served. Where the undersigned Proposer is unable to certify to any of the statements above, a valid and just explanation must be attached, or proposal will be rejected.

Affirmation of ETCOG Essential Clauses and Certifications - The undersigned certifies the indicated statements and essential clauses are true and correct and further understands that making a false statement and/or proclamation of compliance is a material breach of any subsequent award or service agreement and is grounds for award cancellation.

PROPOSER SIGNATURE The undersigned hereby certifies and warrants that he/she has been fully authorized to execute this proposal on behalf of their firm and to legally bind the firm to all the terms, performances, and provisions as herein set forth.

Signature Date

Typed Name and Title of Authorized Representative


EXHIBIT A

ETCOG LIST OF REAL PROPERTY

Real Property

Address City Square

Footage Lease/Own

Lease End Date

Programs Served

East Texas Council of

Governments (ETCOG)

3800 Stone Road

Kilgore 18176 Own n/a

Workforce, Economic Development, Public

Safety, Transportation

Area Agency on Aging (AAA)

1501 Pentecost

Rd. Kilgore 3216 Own n/a AAA Programs

Area Agency on Aging (AAA)

522 N. Broadway

Tyler 971 Lease 10/31/2019 AAA Programs

Athens - Workforce Solutions

205 N. Murchison St.

Athens 7,000

(10,800 pending)

Lease Currently in Negotiations

Workforce, Childcare, VR

Henderson - Workforce Solutions

14124 S. Main St.

Henderson 4,120 Lease

Month-to-

Month* Workforce & Childcare

Jacksonville - Workforce Solutions

2027 N. Jackson St.

Jacksonville 5, 330 Lease Month-to-

Month* Workforce & Childcare

Longview -Workforce Solutions

2430 S. High St.

Longview 26,200 Lease 6/30/2019* Workforce & Childcare

Marshall -Workforce Solutions

4300 Est End Blvd.

Marshall 7,530 Lease 9/30/2019 Workforce & Childcare

Palestine -Workforce Solutions

200 S. Loop 256

Palestine 4,918 Lease 1/5/2019* Workforce & Childcare

Tyler – Workforce Solutions

4100 Troup Hwy.

Tyler 18,915 Lease 5/1/23 Workforce & Childcare

*Denotes immediate real property needs to be addressed by successful proposer upon award.


ATTACHMENT A (must return with proposal)


ATTACHMENT B

COMPENSATION and FEE STRUCTURE (Percentages must not exceed 6% or local market standard, whichever is lowest)

COMMERCIAL FEE STRUCTURE:

Lease and/or Purchase of Real Property (see note below table)

Broker Sellers Agent (if purchase)

Total Gross Sales Price

% % % Up to $

% % % For next $

% % % For next $

% % % Of remainder of gross sales price NOTE: Proposer may submit firm’s standard commission rates for various real property types, i.e. Land only, Building, Land & Building, (etc.). Wherever applicable, please indicate if discounted percentages are being offered.

Sale of Real Property

Broker Sellers Agent Total Gross Sales Price

% % % Up to $

% % % For next $

% % % For next $

% % % Of remainder of gross sales price NOTE: Wherever applicable, indicate if discounted percentages are being offered

Other Services as Rendered: Hourly Rate* $ __________ *Note: Successful proposer must provide details for each hour of services rendered with billing)


ATTACHMENT C


ATTACHMENT D

REQUEST FOR PROPOSAL: RFP# CG-EREBS18R...Request for Proposal: ETCOG Real Estate Brokerage Services...

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Transcript of REQUEST FOR PROPOSAL: RFP# CG-EREBS18R...Request for Proposal: ETCOG Real Estate Brokerage Services...