3-Attachment 1 - General Information.pdf

ATTACHMENT ONE

GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Respondents having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by University.

By submitting a proposal, Respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of services to be performed, the detailed requirements of services to be provided, and the conditions under which services are to be performed. Respondent also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of the Respondent.

RESPONDENT IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY

AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by University as having received a copy of this RFP. Only University’s responses that are made by formal written Addenda will be binding on University. Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by University prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Respondents are required to acknowledge receipt of each Addendum. The Respondent must acknowledge all Addenda in Bonfire under Requirements Section.

Any interested party that receives this RFP by means other than directly from University is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone numbers, and email address, to University, so that if University issues Addenda to this RFP or provides written answers to questions, that information can be provided to that party.

1.3 Public Information

Respondent is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

University may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

Upon execution of a final agreement, University will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (ref. Chapter 552, Government Code). Respondent will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.104, 552.110, 552.113, and 552.131, Government Code.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.101 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.104 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.110 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.113 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.131

1.4 Type of Agreement

Contractor, if any, will be required to enter into a contract with University in a form substantially similar to the Agreement between University and Contractor attached to this RFP as ATTACHMENT TWO, and otherwise acceptable to University in all respects (Agreement).

1.5 Proposal Evaluation Process

University will select Contractor by using the competitive sealed proposal process described in this Section. Any proposals that are not submitted by the Submittal Deadline or that are not accompanied by required number of completed and signed originals of the HSP will be rejected by University as non-responsive due to material failure to comply with this RFP (ref. Section 2.5). Upon completion of the initial review and evaluation of proposals, University may invite one or more selected Respondents to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of Contractor.

University may make the selection of Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification. In the alternative, University may make the selection of Contractor on the basis of negotiation with any of the Respondents. In conducting negotiations, University will use commercially reasonable efforts to avoid disclosing the contents of competing proposals.

University may discuss and negotiate all elements of proposals submitted by Respondents within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, University may defer further action on proposals not included within the competitive range pending the selection of Contractor; provided, however, University reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of University.

After the Submittal Deadline but before final selection of Contractor, University may permit Respondent to revise its proposal in order to obtain the Respondent's best and final offer. In that event, representations made by Respondent in its revised proposal, including price and fee quotes, will be binding on Respondent. University will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of its proposal. University is not obligated to select the Respondent offering the most attractive economic terms if that Respondent is not the most advantageous to University overall, as determined by University.

University reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Respondents, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently abandon this selection process, if deemed to be in the best interests of University. Respondent is hereby notified that University will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by University.

1.6 Respondent's Acceptance of RFP Terms

Respondent (1) accepts [a] Proposal Evaluation Process (ref. Section 1.5 of ATTACHMENT ONE), [b] Criteria for Selection (ref. Section 2.3), [c] Specifications and Scope of Work (ref. Section 4) and Project Instructions and Additional Questions (ref. Section 6), [d] terms and conditions of the Agreement (ref. ATTACHMENT TWO), and [e] all other requirements and specifications set forth in this RFP; and (2) acknowledges that some subjective judgments must be made by University during this RFP process.

1.7 Solicitation for Proposal and Proposal Preparation Costs

Respondent understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation written or oral that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on University’s anticipated requirements for Work, and University has made no representation, written or oral, that any particular scope of work will actually be required by University; and (3) Respondent will bear, as its sole risk and responsibility, any cost that arises from Respondent’s preparation of a proposal in response to this RFP.

1.8 Acquisition from other Sources

University reserves the right and may, from time to time as required by University’s operational needs, acquire services of equal type and kind from other sources during the term of the agreement without invalidating in whole or in part, the agreement or any rights or remedies University may have hereunder.

1.9 Appropriated Funds

The purchase of service or product, which arises from this solicitation, is contingent upon the availability of appropriated funds. University shall have the right to terminate the resulting contract at the end of the current or each succeeding fiscal year if funds are not appropriated by the University for the next fiscal year that would permit continuation of the resulting contract. If funds are withdrawn or do not become available, University reserves the right to terminate the resulting contract by giving the selected contractor a thirty (30) day written notice of its intention terminate without penalty or any further obligations on the part of University or the contractor. Upon termination of the contract University shall not be responsible for any payment of any service or product received that occurs after the end of the current contract period or the effective date of termination, whichever is the earlier to occur. University fiscal year begins on September 1 and ends on August 31.

1.10 Ethics Conduct

Any direct or indirect actions taken to unduly influence competitive purposes, to circumvent equal consideration for competitive Respondents, or to disregard ethical and legal trade practices will disqualify vendors and contractors from current and future consideration for participation in University orders and contracts.

1.11 No Third-Party Rights

The resulting contract shall be made for the sole benefit of University and the contractor and their respective successors and permitted assigns. Nothing in the resulting contract shall create or be deemed to create a relationship between the Parties to the contract and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary.

1.12 Withdrawal or Modification

No response may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension.

However, a response may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No response may be withdrawn after the submittal deadline without approval by University, which shall be based on Respondent’s submittal, in writing, of a reason acceptable to University.

1.13 Indemnification

Contractor shall indemnify, pay for the defense of, and hold harmless the college and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of Contractor’s negligence, recklessness, or willful acts and/or omission in rendering any services hereunder. Contractor shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, Workers' Compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning Contractor or any employee and shall further indemnify, pay for the defense of, and hold harmless the College of and from any such payment or liability arising out of or in any manner connected with Contractor’s performance under this Agreement.

1.14 Proposal Requirements and General Instructions

1.14.1 Respondent should carefully read the information contained herein and submit a complete proposal in response to all requirements and questions as directed.

1.14.2 Proposals and any other information submitted by Respondent in response to this RFP will become the property of University.

1.14.3 University will not provide compensation to Respondent for any expenses incurred by the

Respondent for proposal preparation or for demonstrations or oral presentations that may be made by Respondent. Respondent submits its proposal at its own risk and expense.

1.14.4 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or (iii) contain irregularities of any kind, are subject to disqualification by University, at University’s sole discretion.

1.14.5 Proposals should be prepared simply and economically, providing a straightforward, concise description of Respondent's ability to meet the requirements and specifications of this RFP.

Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications of this RFP.

1.14.6 University makes no warranty or guarantee that an award will be made as a result of this RFP.

University reserves the right to accept or reject any or all proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Agreement when deemed to be in University’s best interest. University reserves the right to seek clarification from any Respondent concerning any item contained in its proposal prior to final selection. Such clarification may be provided by telephone conference or personal meeting with or writing to University, at University’s sole discretion. Representations made by Respondent within its proposal will be binding on Respondent.

1.14.7 Any proposal that fails to comply with the requirements contained in this RFP may be rejected by University, in University’s sole discretion.

1.15 Preparation and Submittal Instructions

1.15.1 Specifications and Additional Questions

Proposals must include responses to the questions in Project Instructions (ref. Section 6).

Respondent should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Respondent should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Respondent should explain the reason when responding N/A or N/R.

1.15.2 Execution of Offer

Respondent must complete, sign and return the attached Execution of Offer (ref. Section 4 and APPENDIX ONE) as part of its proposal. The Execution of Offer must be signed by a representative of Respondent duly authorized to bind the Respondent to its proposal. Any proposal received without a completed and signed Execution of Offer may be rejected by University, in its sole discretion.

1.15.3 Pricing and Delivery Schedule

Respondent must complete and return the Pricing and Delivery Schedule (ref. Section 5), as part of its proposal. In the Pricing and Delivery Schedule, the Respondent should describe in detail (a) the total fees for the entire scope of Work; and (b) the method by which the fees are calculated. The fees must be inclusive of all associated costs for delivery, labor, insurance, taxes, overhead, and profit.

University will not recognize or accept any charges or fees to perform Work that are not specifically stated in the Pricing and Delivery Schedule.

In the Pricing and Delivery Schedule, Respondent should describe each significant phase in the process of providing Work to University, and the time period within which Respondent proposes to be able to complete each such phase.

1.15.4 Respondent’s Response to Euna Requested Information

Proposals must include responses to the questions in the Euna Solicitation Portal. In cases where a question does not apply or if unable to respond, Respondent should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Respondent should explain the reason when responding N/A or N/R.

1.15.5 Addenda Checklist

Respondent should acknowledge all Addenda to this RFP (if any) by completing, signing and returning the Addenda Acknowledgment Form (ref. Euna ATTACHMENT) as part of its proposal. Any proposal received without a completed and signed Addenda Checklist may be rejected by University, in its sole discretion.

1.15.6 Submission

Respondent should submit all proposal materials as instructed in Section 3 and Submittal Deadline (ref. Section 2.1) should be clearly shown (1) in the Subject line of any email transmitting the proposal, and (2) in the lower left-hand corner on the top surface of any envelope or package containing the proposal. In addition, the name and the return address of the Respondent should be clearly visible in any email or on any envelope or package.

Respondent must also submit the VetHUB Subcontracting Plan (also called the HSP) as required by Section 2.5.

University will not under any circumstances consider a proposal that is received after the Submittal Deadline or which is not accompanied by the VetHUB as required by Section 2.5.

University will not accept proposals submitted by email, telephone or FAX transmission.

Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted to University. However, a proposal may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which will be based on Respondent's written request explaining and documenting the reason for withdrawal, which is acceptable to University.