1-2026-08A Introduction and General Instructions-RFP.pdf

1. INTRODUCTION

1.1. General Description of Work:

Del Mar College seeks proposals from qualified firms to assist in monetizing FCC-licensed broadband spectrum (e.g., EBS 2.5 GHz) through leasing or sale to telecommunications operators. The selected consultant will provide valuation, marketing, negotiation, and regulatory compliance support.

1.2. Points of Contact: Respondent communications with the College regarding this solicitation shall be with the buyer assigned to the Solicitation.

John P. Salinas Assistant Director of Purchasing

Via Bonfire Opportunity Q&A

Any communications to members of the Del Mar College Board of Regents or College employees other than the assigned buyer between the publication of this solicitation and the Vendor Selection may be grounds for disqualification of a respondent from consideration for this Solicitation.

2. DEFINITIONS

2.1. Del Mar College is herein referred to as "the College”, or "Owner".

2.2. The party responding to this request is referred to as “Proposer” or "Vendor" or “Contractor” or "Respondent" or “Respondents" or “Offeror”.

2.3. “Solicitation” may be defined as “Competitive Sealed Proposals”, “Request for Proposal”, “Invitation for Bid”, or “Request for Qualifications”.

2.4. “Proposal” is defined as Competitive Sealed Proposal that includes, Statement of Qualifications (“SOQ”), Price Proposals (“Bid”), addendum and any other related information.

2.5. The Statement of Work may be referred to as “SOW” and is the questionnaire and other information provided by a respondent that identifies their qualifications.

2.6. A Price Proposal may be referred to as the “bid” (or “Bid” or “Offer”) and is a lump price to complete the Project and any other requested documentation. Price Proposals and supporting documentation shall be submitted electronically via the College’s Bonfire Portal as instructed herein.

2.7. Equipment ("the Equipment") is defined to include all equipment, components, hardware, software, supplies and related accessories for a completely operative system as described or properly inferred from the College's specification and Vendor's proposal.

2.8. “Days” are defined as calendar days unless otherwise noted.

2.9. “Responsible” is defined as a contractor, business entity, or individual who is fully capable to meet all of the requirements of the Solicitation and subsequent contract; and it must possess the full capability, including financial and technical, to perform as contractually required and must be able to fully document the ability to provide good faith performance.

2.10. “Responsive” is defined as a contractor, business entity or individual who has submitted a bid or Proposal that fully conforms in all material respects to the RFP and all of its requirements, including all form and substance.

2.11. “Bonfire Portal” or “Bonfire” is the Electronic bidding software used to manage solicitations.

3. ADMINISTRATIVE INSTRUCTIONS and INFORMATION FOR OFFERORS

3.1. Bids must be received at the place and by the closing date and time stated in the description section within Bonfire and are subject to change by addenda at the College’s sole discretion.

Late bids will not be considered unless it is determined by the College that such action will not unduly delay the procurement of the item and would be in the best interests of the College.

The College's decision in the matter of late bids is final and conclusive.

3.2. E-mailed, facsimile or telephone responses to this bid invitation will not be accepted.

3.3. Additional Goods or Services: The College reserves the right to add additional goods or services similar to the original scope of work upon written agreement of both parties.

3.4. Proposed Conditions: No Proposer shall stipulate any conditions not required on the Proposal Form.

3.5. Questions and Requests for Clarification: Requests for clarification concerning this solicitation must be submitted online through the Bonfire “Opportunity Q&A” section. The cutoff date to submit a question is posted in Bonfire.

3.6. Proposal Due Date: Proposals must be received at the place and by the closing date and time posted in Bonfire. Late Proposals will not be considered unless it is determined by the College that such action will not unduly delay the procurement of the item and would be in the best interests of the College. The College's decision in the matter of late Proposals is final and conclusive.

3.7. Offer and Prices Firm: Bidder's offer and prices will be considered as guaranteed firm for sixty

(60) days from the date the bid is due unless otherwise stipulated by bidder on the bid form.

By submission of a bid, a Bidder agrees that any bid not properly withdrawn prior to the time and date specified for receipt of bids shall constitute an irrevocable offer which may be accepted by the College within the period that the offer and prices are guaranteed firm.

3.8. Withdrawal of Bids via Bonfire - A Proposal may not be modified, withdrawn, or canceled by a Respondent for a period of 60 days after the last date specified for receipt of Proposals. Prior to the time and date designated for receipt of bids, any bid submitted may be modified, or withdrawn electronically via the College’s e-Builder Portal. Withdrawn bids may be resubmitted up to the date and time for receipt of bids.

3.9. Prices:

3.9.1. Contractor warrants the prices charged the College will be no higher than Contractor's then current lowest prices charged to others for services of the kind and specification covered by this invitation to bid for similar quantities under similar conditions and methods of purchase. In the event Contractor breaches this warranty, Contractor shall reimburse the College for any overcharges for the applicable period and the prices of the services shall be reduced to the Contractor's current lowest prices on orders by others, or, in the alternative, the College may cancel the contract without liability to Contractor for breach.

3.10. Duty to Inquire: Respondent, by submitting a Proposal, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation.

Respondents are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Respondent's risk. Respondent assumes responsibility for any patent ambiguity in the Solicitation that Respondent does not bring to the College's attention.

3.11. Addendums - Responses to inquiries which directly affect an interpretation or change to this Solicitation will be issued in writing by addendum (amendment) and provided via the “Public Notices” section in Bonfire. All such addenda issued prior to the time that responses are to be received shall be considered part of the Solicitation. Respondents must acknowledge all addenda through the Bonfire Portal. Only those inquiries the College replies to in the form of a written addendum shall be binding. Oral and other interpretations or clarification will be without legal effect.

3.12. Bid Preparation Costs: The College will not be liable for costs incurred by Respondents prior to issue of a contract for the work or services described herein; this includes costs incurred on preparation of bid and responses to this request for bids.

3.13. Reservation of Rights ‐ The College expressly reserves the right to:

3.13.1. Reject or cancel any or all Proposals;

3.13.2. The College reserves the right to waive minor deviations or irregularities in bids which (1) do not affect the price, quality, etc. of the articles to be furnished, and (2) do not prejudice the rights of other bidders. A waiver of one irregularity does not constitute waiver of any other irregularity.;

3.13.3. Waive as an informality, minor deviations from specifications for goods or services at a lower price than other proposals meeting all aspects of the Specifications if it is determined that total cost is lower and the overall function is not impaired;

3.13.4. Reissue a Solicitation;

3.13.5. Consider and accept an alternate proposal as provided herein when most advantageous to the College;

3.14. Changes: The College may direct changes in the specifications or scope of work by issuing a written change order to Contractor. If any such change causes an increase or decrease in the cost of the services provided hereunder or time required to complete the Project, an equitable adjustment shall be made, as applicable, to the contract price or delivery schedule. No equitable adjustment shall be made for any claim of cost increase involved in any change unless the change was approved and confirmed in writing by the College. Contractor waives all claims for equitable adjustment not made within 10 working days, Monday through Saturday, after the basis for such claim has first arisen.

3.15. Tax Exempt - Del Mar College is exempt from all Federal Excise and Transportation Taxes, as well as the State of Texas Limited Sales Tax. An exemption certificate will be furnished upon request. The contractor shall take such steps and execute such instruments as may be necessary to enable the College to claim its exemption from the State of Texas Limited Sales Tax for materials used under this contract. All savings resulting from such tax exemption shall be for the benefit of the College.

3.16. Public Information Act - Documentation and other material submitted in connection with this request for proposals or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

If a Vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the Vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the Vendor must specify which exception is applicable and provide detailed reasons to substantiate the exception.

The determination of whether information is confidential and not subject to disclosure under the Public Information Act is the duty of the Office of Attorney General (“OAG”). The College must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Vendor are not acceptable. The College shall comply with the opinions of the OAG. The College assumes no responsibility for asserting legal arguments on behalf of any Vendor. Vendors are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

3.17. No offer to contract: Individuals or business entities receiving this RFP are hereby notified that this is a request for proposals only, and does not constitute an offer by the College to enter into a contract, nor does this RFP create any obligation on the part of the College to any person or entity responding to this RFP.

3.18. Contract Documents: Contract(s) arising from this solicitation may be in the form of a contract. The contract will incorporate by reference, this solicitation, any addenda thereto, and the successful contractor’s proposal. These articles shall collectively constitute the agreement and shall become a part of the purchase order as if fully set forth therein. In case of conflict between the documents, the order of precedence shall begin with the most recent dated document (highest precedence) followed, in date sequence, by older dated documents.

3.18.1. The contract.

3.18.2. The terms and conditions of the SOW

3.18.3. The College's RFP plus any addenda and the proposal documents, which are the successful proposal plus any changes made during clarification, technical or price discussions and/or a best and final offer (BAFO).

3.19. Contract Amendments: No modification or amendment to the agreement shall become valid unless approved in writing by an official change order issued by the College’s Purchasing Department.

4. FORM OF PROPOSAL - PROPOSAL CONTENT

4.1. Listed below are the items required in your response and shall be submitted electronically through Bonfire.

4.1.1. Cover Letter

Upload a signed cover letter that specifically proposes to provide the services described in this RFP and Scope of Work.

The letter must confirm that all elements of the RFP have been reviewed and understood, that the services proposed fully meet or exceed the College's requirements, and that Vendor's proposal documents shall, at the option of the College, become a legally binding and essential portion of a final purchase contract between the Contractor and the College. The letter should also state the proposal expiration date.

The letter may also explain the reasons why the Respondent believes that it is best suited to provide these services and include other information deemed important. The letter must be signed by an officer of the company with authority to make such a proposal to the College.

4.1.2. SOQ Questionnaire - Bidder shall respond using the Online Questionnaires provided within Bonfire.

4.1.2.1. Scope of Work Questionnaire (Q-07LN)

4.1.2.2. General Company Information Questionnaire (Q-25IJ)

4.1.2.3. Certifications Questionnaire (Q-05GZ)

4.1.3. Questionnaire Supplemental Information- Some information will not fit in the cell provided within the questionnaire. This is a standard Excel spreadsheet that allows for a maximum of 32,767 characters in a cell. You may upload in the optional requested information section answers or other supporting information. Make sure to clearly identify the question that the response pertains to. Respondents are highly encouraged to not enter “see attached”. Please enter basic information within the questionnaire and only use the upload to provide additional information.

4.1.4. Exceptions to Terms, Conditions and Specifications - Bidder shall list any exceptions they take to the terms, conditions or specifications provided with this RFP using the comment section in the questionnaire provided within Bonfire.

4.1.5. Exceptions to the Scope of Work – Upload a document in the Requested Information section detailing any exceptions to the Scope of Work. Be sure to clearly identify the appropriate section of the Scope of Work.

4.1.6. Price Proposal Form

4.1.6.1. Bidders shall submit their prices electronically in the requested information section through Bonfire’s online portal.

4.1.6.2. Do not mention pricing in any other section. Failure to follow this requirement may result in disqualification of a Proposer from consideration for this contract.

5. REVIEW OF PROPOSALS - EVALUATION FACTORS FOR AWARD

5.1. This is a request for proposals, not a request or invitation for sealed bid. A request for proposals differs from a bid in that the College is seeking a solution to the requirement described in this document and its attachments, if any, rather than a bid or quotation on a product meeting firm specification for the lowest price. As such, the lowest priced proposal will not guarantee an award recommendation.

Proposals will be evaluated based on objective criteria formulated by the College on the most important features of a product or desired outcome of a service. Cost is only one, and not necessarily a principal, component in selection of a contractor or vendor. The proposal evaluation criteria should be viewed as standards which the College will use to measure how well a vendor's proposed product, service, method or technique meets the requirements and needs of the College.

5.2. Proposals will be read publicly to identify the names of the Proposers but will otherwise be afforded security sufficient to preclude disclosure of the contents of the proposals, including prices or other information, until such time as a contract is awarded for the goods or services requested herein.

5.3. The College will thoroughly review all proposals received. One or more Proposers may be requested to provide additional information or clarify ambiguity. At the College's discretion, an award may be made without discussion based on the proposals initially submitted or after discussions with those Proposers which, in the College's judgment, are within a competitive range. If a competitive range is established, it will consist of the proposal or proposals which have a more reasonable chance of being selected for award than other proposals not in the competitive range. Action on proposals not in the competitive range will be deferred pending an award and the College reserves the right to include additional proposals in the competitive range if deemed in its best interest. The College reserves the right to award multiple contracts, or to reject any and all proposals and re-solicit or temporarily or permanently abandon the procurement, as deemed in its best interests. If a contract is awarded, it will be awarded to the responsible and responsive Proposer(s) whose proposal(s) is (are) most advantageous to the College.

5.4. When selecting the most advantageous Proposal, the College will consider Texas Education Code § 44.031(b) as well as the factors listed below. Submission of a proposal indicates Proposer's acceptance of the College's evaluation factors and Proposer's recognition that the College will make objective judgments about the merits of each proposal compared to these factors.

5.4.1. General Information Pass/Fail

5.4.2. Experience with educational spectrum transactions Max 30 points

5.4.3. Understanding of FCC regulations Max 20 points

5.4.4. Proven track record in spectrum sales Max 20 points

5.4.5. Cost effectiveness and value-added services Max 15 points

5.4.6. Proposed methodology and timeline Max 15 points

TOTAL 100 POINTS