5-721-26016 UEM Cable and Services Final 10012025.pdf

REQUEST FOR PROPOSAL

RFP NO.: 721-26016

Okonite Cable Supply and Related Services

ISSUED BY:

Procurement and Payment Services

FOR:

Utilities and Energy Management (UEM)

PROCUREMENT OFFICER:

Juan Pinedo

E-mail: purchasing-rfp@austin.utexas.edu

HUB CONTACT:

HUB/SB Program Office

HUB E-mail: uthub-hsp@austin.utexas.edu

PROPOSALS ARE DUE IN THE UNIVERSITY BONFIRE PORTAL SHOWN BELOW NO

LATER THAN:

Wednesday, October 22, 2025 at

UT Bonfire Portal

NOTE: A public opening of responses will not be conducted for this RFP.

TABLE OF CONTENTS

Section 1 – Project Overview and Scope of Services

Section 2 – Price Proposal

Section 3 – Proposal Evaluation

Section 4 – Instruction to Respondents

Section 5 – Project General Information

SOLICITATION SCHEDULE

The following is the anticipated solicitation schedule including a brief description for milestone dates:

Solicitation Milestone Proposed Date

RFP Issued Wednesday, October 1, 2025

Pre-Proposal Meeting (virtual)

[https://events.teams.microsoft.com/event/8409f6cc-b1bd-43a3-aa68-54c88b1dbe6f@31d7e2a5-bdd8- 414e-9e97-bea998ebdfe1]

Tuesday, October 7, 2025 at

1PM CT

Deadline for Questions from Supplier Wednesday, October 8, 2025

Answers to Supplier Questions (estimated) Friday, October 10, 2025

RFP Proposal Submittal Deadline Wednesday, October 22, 2025

EC Evaluation of Proposals (completed by) Wednesday, October 29, 2025

NOTE: The University reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP and posted in the University Bonfire portal for your convenience.

Balance of page intentionally left blank.

Section 1 – Project Overview and Scope of Services

1.1 Project Overview

The University of Texas at Austin (“UT Austin” or “University”) on behalf of Utilities and Energy Management (“UEM”) seeks proposals from qualified firms to primarily provide Okonite branded cabling of various sizes/types (the “Goods”) plus add-on services related to cabling management, handling and installation (the “Services”).

1.2 Contract Term

University anticipates that the contract term for contract(s) award resulting from this solicitation, if any, will be one (1) year with the option to renew for four (4) additional one-year terms. Further, University reserves the right to extend the contract term on a month-to-month basis, not to exceed three (3) months upon the expiration of the initial term and any successive renewal term.

1.3 Multiple Awards

The University reserves the right to make multiple awards against this RFP. University will choose the services for each Contractor and can adjust as needed during the term of the Agreement.

1.4 No Required Quantities or Minimum Amounts

No minimum quantities or minimum dollar amounts are guaranteed or implied. Any agreement that results from this RFP will be a blanket purchase agreement. Goods and/or Work will be requested by the University on an as-needed basis.

It is anticipated that services under the resulting contract(s) may be used on an as needed basis over the life of the contract term, including any option to renew terms.

1.5 Scope of Work, Activities and Deliverables

Medium Voltage Cable is used throughout the Campus underground electrical distribution grid to support all buildings power delivery. Okonite cable with EPR insulation is used throughout Campus on new projects; to replace existing paper-insulated cables via the internal UEM replacement program;

or when duct banks are accidentally stricken and emergency replacement is needed.

In Fiscal Year 2026, the university estimates Okonite cable procurement needs at about 30K feet of various sizes such as 250/350/500 (refer to Bid Table for product details).

To effectively manage cabling management, handling and installation, the university seeks the following add-on services at no additional cost:

Value added service Description

3 in 1 reel Vendor to roll up cable in sturdy reel structure. Reel sizes and cut lengths to be determined on a project-to-project basis

Training

Vendor to provide key training on Okonite cable technology.

Training for hands-on skills must include Ethylene Propylene Rubber (EPR) Medium Voltage (MV) cable installation, splicing and termination, and cable testing.

Vendor to provide details on available training, i.e., frequency; classroom or hands-on; manufacturer led; available certifications; etc.

Engineering Vendor to provide engineering services on key projects and cabling applications. Vendor to specify details on Engineering Services offered.

On-hand inventory Vendor able to hold inventory of key cable products in Austin as per agreed demand plan.

Delivery on Demand Vendor to supply cable on short notice aligned with demand plan, Vendor to propose Service Level Agreement (SLA) options with specific timeline commitment.

Parts required for cable installation

Including splicing kits and termination kits should be included in the cable contract as part of the manufacturer's authorized suppliers.

Empty reels on campus Ability to collect and dispose of empty reel inventory located on campus

1.5.1. Services Locations

The University, at its sole discretion, during the contract term, reserves the right to change, delete or add service locations. Specific building locations can be found on the interactive campus map located on the main University website (https://maps.utexas.edu/#/utm).

1.5.2. Performance Schedule

Standard hours of work will apply to all jobs scheduled between 6:00 A.M. to 5:00 P.M. Monday through Friday, excluding University holidays. Overtime hours apply to any other times between 5:00 P.M. to 6:00 A.M. Monday through Friday, weekends, and University holidays. The workday begins when Contractor’s personnel reports to work at the University.

1.5.3. Response Time

Contractor must provide a response within twenty-four (24) hours for regular job requests and within two (2) hours for emergencies.

1.5.4. University Responsibilities

A. University shall provide clear communication regarding the scope of work of each work request.

B. University may inspect Contractor's operations, performance of the Services, and completed or in-progress work projects at any time to determine that the standards of quality and efficiency are being met.

C. University may schedule an initial inspection, site visit, or walkthrough in advance of Services to address specific concerns with Contractor.

1.5.5. Contractor Responsibilities

A. Prior to commencement of any work, Contractor must obtain written approval from the

University’s representative. Contractor will submit all designs, material list and material costs, and obtain written work authorization from the University’s representative, or a designate.

B. Contractor shall warrant all materials and workmanship provided under this agreement for a minimum period of one (1) year from the date of acceptance by the University. This warranty shall cover defects in materials, workmanship, and installation. Contractor shall promptly repair or replace any defective work at no cost to the University.

C. Contractor shall provide only original, manufacturer-approved Okonite products as specified in this solicitation. No substitute materials will be accepted under any circumstances without prior written approval from the University.

D. Contractor shall provide, always, adequate and expert supervisory staff (“Supervisory Staff”) assigned exclusively to University to manage Contractor’s employees in providing the Services. Supervisory Staff shall be at the premises at all times while Contractor is providing the Services and may not leave the premises until all Services and related security matters have been completed each night. Neither University nor any representative of University shall supervise Contractor’s employees, personnel, or agents performing the Services.

E. All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

F. All materials supplied by Contractor shall be new, of style and quality if specified, and shall be adherent to an applicable standard or code. In no instance shall broken or damaged materials be accepted. University reserves the option to purchase any or all material separately.

G. Unless otherwise specified, installation and equipment must meet University Design and Construction Standards as listed at the following website.

https://construction.utexas.edu/design-and-construction-standards.

H. Any shutdown of services or utilities shall be approved first by a University’s representative.

I. All Contractor personnel must be fully trained and dressed in clean, standardized company uniforms, t-shirts or name badges with a standardized method of identifying personnel. Contractor personnel who are not trained or not in uniform may be asked to leave the University premises.

J. Contractor will be responsible for obtaining all required permits and paying all fees.

K. Parking availability will vary by location. Some locations may require paid parking offsite.

Any parking expenses incurred in connection with the performance of Services shall be the sole responsibility of the Contractor and shall not be eligible for reimbursement under any circumstances. Contractor must obtain parking approval by UT Austin Parking and Transportation, or Contractor’s vehicles may be subject to tickets and towing.

1.6 Background Checks for Personnel

Each individual assigned to perform Services under the Agreement will be an employee of the Contractor or an employee of a permitted subcontractor engaged by the Contractor. Contractor will be responsible for the performance of all individuals performing the Services. Prior to commencing performance of Services, Contractor will conduct an appropriate criminal background screening on all such individuals and will not knowingly assign any individual to provide Services who have history of criminal conduct unacceptable for a University campus including violent or sexual offenses.

1.7 Invoicing

After completion of each cable supply request, Contractor shall submit to University an invoice covering the goods sold. If University approves the amount or any portion of the amount, University will promptly pay to Contractor the amount approved. Each invoice will be accompanied by documentation that University may reasonably request to support the invoice amount. University will, within thirty (30) days from the date it receives an invoice and supporting documentation, approve or disapprove the amount reflected in the invoice. If University disapproves any invoice amount, University will give Contractor specific reasons for its disapproval in writing.

Contractor must email invoices to bussvcacctg@austin.utexas.edu University must approve all invoices before submitting payment. University will reach out to Contractor regarding any discrepancies.

Section 2 – Price Proposal

1. Instructions Proposer must complete this section in its entirety and supplement this section with additional pages as to provide University with a more detailed breakdown of the key costs associated with the price quote of the goods being solicited in this solicitation. The Total Cost must be inclusive of all associated costs. University will not reimburse Contractor for expenses and will not recognize or accept any additional charges or fees.

For the purposes of this solicitation, University will review the overall cost structure to evaluate its reasonableness for the anticipated work. Failure to fully disclose any fees or cost and to comply with the requirements herein may be cause for University to reject, as non-compliant, a response from further consideration.

2. Total Cost Provide a Total Cost for the request items. Pricing to be reviewed by the University on a bi-annual basis based on the key costs associated with the price quote of the goods solicited in this solicitation.

Indicate in the Bonfire BidTable Excel file the unit cost per foot to be provided to the University, including breakdown of the key raw materials and margins.

3. Payment Terms University’s standard payment terms are “net 30 days” as mandated by the Texas Prompt Payment Act (ref. Chapter 2251, Government Code).

Indicate below the prompt payment discount that Proposer offers:

Prompt Payment Discount: _____%_____days/net 30 days.

The University of Texas at Austin has implemented the JP Morgan Chase Single Use Account (SUA) Program as the preferred method of payment. Using this method provides benefit to both the University and the supplier who will have their payment processed immediately. Any questions with regards to the SUA Program can be addressed to PaymentServices@austin.utexas.edu. Note: There will be a 3% merchant surcharge for this service.

Please indicate that you will accept payment under this program.

Yes No

Respondents should provide billing as follows:

Upon approval of the invoice by the University, Payment for goods will be monthly after each delivery has taken place.

4. Group Purchasing Organization (GPO) Contract

The University of Texas System subscribes to a GPO Accreditation Program as noted on the referenced website.

Any proposal being made under an available GPO contract that is recognized by UT System, shall be noted below for consideration by the University.

Cooperative Contract Name:

Cooperative Contract No.:

Cooperative Contract Term:

Cooperative Contract Website link:

5. Price Proposal Signature

The information in this RFP is to be utilized solely for preparing the proposal response to this RFP and does not constitute a commitment by University to procure any product or service in any volume.

Company:

Name:

Title:

Email Address:

Date:

Signature:

Section 3 – Proposal Evaluation

1. General Selection The successful Respondent, if any, selected by University through this solicitation will be the Respondent that submits a response on or before the Submittal Deadline that meets or exceeds the requirements of this solicitation and is the most advantageous to University.

The evaluation of responses and the selection of Contractor will be based on the information provided in the response and other information available to University. University may consider additional information if University determines the information is relevant.

In accordance with the Texas Education Code (Sections 51.9335, 73.115 and 74.008), the University may acquire goods or services by the method that provides the best value to the University of Texas at Austin.

All information requested by University should relate to one of the referenced criteria noted in the Texas Education Code.

2. Evaluation Criteria

An Evaluation Committee (“Committee”) will review all responses to determine which Respondent have qualified for consideration according to the criteria stated herein. The Committee’s evaluations will be based on all available information, including qualification statements, subsequent interviews, if necessary, reports, discussions, reference checks, and other appropriate checks. The highest rated Respondent(s) evaluated by the Committee may be invited to make an oral presentation of their written proposal to the Committee.

Proposals will be evaluated using the following criteria:

Criteria Scored Criteria Weight

Respondent’s Qualifications, Abilities, and Reputation 25%

Respondent’s Quality of Proposed Services

30%

Respondent’s Price Proposal 20%

Respondent’s Business Relationship Strength 25%

Total Points 100

3. Advancement Criteria

The University, at its sole discretion, may determine a competitive range for shortlist including the use of interviews and/or presentations.

4. Eligibility for Award

For a Respondent to be eligible to be awarded the contract, the response must be responsive to the solicitation and the University must be able to determine that the Respondent is responsible and has the resources and capacity to perform the resulting contract satisfactorily. Responsive responses are those that comply with all material aspects of the solicitation, conform to the solicitation documents, and meet the requirements set forth in this solicitation. Responses, which do not comply with all the terms and conditions of this solicitation, may be rejected as non-responsive.

When considering “best value” and award, the University reserves the right to set a minimum score requirement regarding the non-cost evaluation criteria listed in the table above.

5. Responsible Respondent

Responsible proposers, at a minimum, must meet the following requirements:

5.1.1. Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract;

5.1.2. Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

5.1.3. Have a satisfactory record of past performance;

5.1.4. Have necessary personnel and management capability to perform any resulting contract;

5.1.5. Be qualified as an established firm regularly engaged in the type of business necessary to fulfill the resulting contract requirements;

5.1.6. Certify that the firm is not delinquent in any tax owed to the State of Texas under Chapter 171, Tax Code;

5.1.7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations;

and

5.1.8. Have adequate insurance to perform services in the United States and the State of Texas as described in APPENDIX TWO.

6. Respondent(s) may be requested to submit additional written evidence verifying that the firm meets the minimum requirements described above and as necessary, to perform the requirements of the solicitation and be determined a responsible respondent. Failure to provide any requested additional information may result in the respondent being declared non-responsive and the proposal being rejected.

7. A person is not eligible to be considered for award of this solicitation or any resulting contract or to be a subcontractor of the respondent or prime contractor if the person assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that person or a prime contractor an unfair advantage over other proposers.

8. Only individual firms or lawfully formed business organizations may apply. This does not preclude a

Respondent from using subcontractors or contractors. University will contract only with the individual firm or formal organization that submits a response to this RFP.

9. In the event that only one (1) Proposal Response is received in reply to this RFP or only one (1) Response passes the Initial Responsiveness Screening, the University will review the Response for compliance with specifications, identify any areas of non-compliance, and if applicable, identify questions that need to be asked of the Respondent to clarify the Response. The Response must meet all required technical specifications.

Section 4 – Instruction to Respondents

4.1 General Instructions

4.1.1 Respondent(s) should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

4.1.2 Responses and any other information submitted by Respondent in response to this solicitation shall become the property of University.

4.1.3 University will not provide compensation to Respondent(s) for any expenses incurred by the Respondent(s) for response preparation or for any demonstrations that may be made, unless otherwise expressly stated. Respondent(s) submit responses at their own risk and expense.

4.1.4 Responses, which are qualified with conditional clauses, or alterations, or items, not called for in the solicitation documents, or irregularities of any kind are subject to disqualification by University, at its option.

4.1.5 Each response should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this solicitation.

Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of University needs.

4.1.6 University makes no guarantee that an award will be made as a result of this solicitation and reserves the right to accept or reject any or all responses, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this solicitation or resulting Agreement when deemed to be in University’s best interest. Representations made within the response will be binding on responding firms. University will not be bound to act by any previous communication or response submitted by the firms other than this solicitation.

4.1.7 Respondents wishing to submit a “No-Response” are requested to return the first page of the Execution of Offer (ref. APPENDIX ONE). The returned form should indicate your company's name and include the words “No-Response” in the Comment section of the table provided.

4.1.8 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal.

4.2 Preparation and Submittal Instructions

All Attachments noted are to be properly completed and submitted with response. Signature by an authorized officer of Respondent must appear on the Execution of Offer (ref. APPENDIX ONE) of the submitted electronic copy of the response.

4.3 Document Format and Content

4.3.1 Proposal must be signed by Respondent’s company official(s) authorized to commit such proposal on behalf of the Respondent. Failure to sign and return these forms may subject your proposal to disqualification.

4.3.2 Response to this solicitation must include a response to the requirements set forth above.

4.3.3 Responses must be typed on letter-size (8-1/2” x 11”) paper. University requests that proposals be submitted in an organized electronic fashion resembling a binder format to include section tabs as further defined below. Preprinted electronic material should be referenced in the proposal and included as labeled attachments. Sections should be divided in a simple to follow manner for ease of reference.

4.3.4 Responses shall be submitted to the University via the official sourcing portal noted in the solicitation announcement and on the first page of this Solicitation. Electronic response files should clearly indicate the company name on the file. Respondents shall upload files individually and not upload folders. Any questions regarding the submittal process shall be submitted to the Procurement Contracting Officer of record as noted on the project detail page in advance before the Submittal Deadline.

4.3.5 Respondent must submit all material identified in the submittal instructions electronically in responding to the solicitation as individual and separate documents.

4.3.6 The solicitation response must be received electronically via the sourcing portal prior to the due date listed in the events schedule on the project details page of this solicitation (as amended). The responses will be time, dated, and secured for the solicitation opening. Responses are held until the submission date. Any Response received after the specified time and date noted on the project details page will not be considered under any circumstance.

4.3.7 University shall not be responsible for failure of electronic equipment or operator error.

Late or otherwise non-responsive responses will not be considered.

4.3.8 Telephone, Facsimile (“FAX”) or electronic mail (email) proposals are not acceptable when in response to this Request for Proposal.

Respondent’s Response

General: Your Response should clearly define (i) Respondent’s total capacity and capabilities,

(ii) Respondent’s qualifications to perform the work as outlined in this Solicitation, (iii) Respondent’s ability to perform the services outlined in the Scope of Services, At a minimum, your Technical Response shall include the following:

4.4 Cover letter

The cover letter shall not exceed 1 page in length, summarizing key points in the response, and shall briefly furnish background information about your firm, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation, corporate charter number), number and location of offices, location of company headquarters/main office, total number of employees’ company-wide and total number of employees in the State of Texas, and principal lines of business. Certify that the firm is legally permitted or licensed to conduct business in the State of Texas for the services offered.

Only lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) University will contract only with the individual firm or formal organization that submits a response to this RFP.

4.5 Respondents’ Qualifications, Abilities, and Reputation

This section should describe the qualifications and experience of the Respondent and your ability to provide the services described in this solicitation.

4.5.1 Provide a brief description of your firm, including years in business, the geographic area served, and the total number of your personnel related to providing the services of the type and kind required in this solicitation.

4.5.1.1 Availability and commitment of the Respondent, its principals(s) and assigned professionals to undertake the services described in this solicitation.

4.5.1.2 Describe Respondent’s overall ability to provide the services required in this solicitation.

4.5.1.3 Demonstrate firm’s understanding, knowledge, and experience, which allows Respondent to meet the solicitation requirements.

4.5.2 Demonstrated Qualifications and Experience of the Assigned Team & Key Personnel

Identify Key personnel that would be assigned to University and that will provide the services described in this solicitation, include an organizational chart, which identifies key personnel and their particular roles in furnishing the services required. Describe how the team will be organized to deliver the services outlined by the University.

4.5.2.1 Provide brief resumes (not more than one (1) page) for each key personnel. The resumes must clearly specify the number of years the personnel have been providing the type of services described in this solicitation, to include but not limited to:

4.5.2.1.1 A brief description of their unique qualifications, experience, and education as it pertains to services of the type and kind required in this solicitation.

4.5.2.1.2 Personnel’s job function, role, percentage of time to be assigned to this account and physical office location.

4.5.2.1.3 Provide a list of similar accounts where they have provided services of the type and kind required in this solicitation and include detailed description of their particular role in the account and length of time on the account.

4.6 Respondent’s Quality of Proposed Services

4.6.1 This section should describe and discuss the Respondent’s approach and methodology in providing the services of the type and kind required in this solicitation. By reading the proposed approach and methodology overview, University must be able to gain a comfortable grasp and clear understanding of the level of services to be provided and the methods proposed by the firm to provide them. A detailed explanation shall be included to understand how the services comply with the requirement of this solicitation.

4.6.1.1 Respondent shall respond to all requirements and questions noted in Section 1 of the solicitation – Project Overview and Scope of Services.

4.6.1.2 Respondent must provide an approach and methodology overview which consists of a detailed and comprehensive description of the services requested in response to this solicitation.

4.6.1.4 Respondent shall identify key areas and elements of risk based on prior experience and shall describe strategies to identify and mitigate such risk early in the process.

4.6.1.6 Quality: Identify the key metrics you propose to use to measure your performance in delivering services of the type and kind required in this solicitation to University.

4.6.1.7 Customer Satisfaction: How do you measure and monitor customer satisfaction;

describe the method used, frequency, and how results are reported.

4.6.1.8 Capabilities and Capacity: Respondent shall clearly define its capability and capacity to perform the work identified in the Scope of Work of this solicitation.

The respondents’ response must describe the various technologies, tools, methods, and technical expertise that will be provided to University and/or that will be used in the delivery of the services and how that will be of benefit in the delivery of services to University.

4.7 Respondent’s Price Proposal

4.7.1 The respondent must respond to all requirements noted in Section 2- Price Proposal.

4.7.2 If Respondent indicated a discount in Section 2 – Respondent must provide a description of any discounts offered to the University.

4.7.3 Respondent must confirm if the proposed award may be offered under a UT System-approved GPO, see Section 2.4 of the solicitation.

4.7.4 For the purposes of this solicitation, University will review the overall rate structure to evaluate its reasonableness for the anticipated work. Failure to fully disclose any fee.

4.8 Business Relationship Strength

4.8.1 Please describe your vision for a mutually successful engagement and relationship with the University.

4.8.2 Respondent will provide a list of any additional services or benefits not otherwise identified in this solicitation that Respondent would propose to provide to University.

Additionally, services or benefits must be directly related to the goods and services solicited under this solicitation.

4.8.3 Respondents will provide details describing any unique, special services, benefits offered, added value or advantages to be gained by University from doing business with Respondent. Additional services or benefits must be directly related to the goods and services solicited under this solicitation.

4.8.4 Does Respondent have a contingency plan or disaster recovery plan in the event of a disaster? If so, then Respondent will provide a copy of the plan.

4.8.5 Student Internship: Respondent are encouraged to describe if they envision using University students as part of their delivered service to support the application of relevant educational programs as aligned with real world work experience.

4.9 Respondent’s Required Attachments (Pass/Fail)

4.9.1 Respondent’s Proposal, addressing responses to questions in Section 4 – Instructions to

Respondents

4.9.2 Signed and Completed Section 2 – Price Proposal and requested documentation.

4.9.3 Signed and Completed Execution of Offer (ref. APPENDIX ONE)

4.9.4 Response to Contract Terms and Conditions, provide list of exceptions or redlines (ref.

APPENDIX TWO)

4.9.5 Submitted E-HSP (HUB Subcontracting Plan) via the UT Austin HUB Compliance Reporting

System (B2Gnow) (ref. APPENDIX THREE)

4.10 Respondent’s Financial & Disclosure Requirements

4.10.1 Respondent shall provide a copy of its financial statements for the past two (2) years, if requested by University.

4.10.2 Respondent shall provide a financial rating of the Respondent entity and any related documentation (such as a Dunn and Bradstreet analysis) that indicates the financial stability of Respondent.

4.10.3 Respondent shall confirm if they are currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, Respondent shall explain the expected impact, both in organizational and directional terms.

4.10.4 Respondent shall provide any details of all past or pending litigation or claims filed against Respondent that would affect its performance under the Agreement with University (if any).

4.10.5 Respondent shall provide a copy of current contingency plan or disaster recovery plan in the event of a disaster.

4.10.6 Respondent shall confirm if currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, Respondent will specify the pertinent date(s), details, circumstances, and describe the current prospects for resolution.

4.10.7 Respondent shall confirm any relationship exist (whether by family kinship, business association, capital funding agreement, or any other such relationship) between Respondent and any employee of University. If yes, Respondent shall explain.

4.10.8 Respondent will provide the name and Social Security Number for each person having at least 25% ownership interest in Respondent.

4.10.9 This disclosure is mandatory pursuant to §231.006, Family Code, and will be used for the purpose of determining whether an owner of Respondent with an ownership interest of at least 25% is more than 30 days delinquent in paying child support.

4.10.10 Further disclosure of this information is governed by the Texas Public Information Act (ref. Chapter 552, Government Code), and other applicable law.

Section 5 – Project General Information

RESPONDENT(S) ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS

DIRECTED.

5.1 Overview

5.1.1 The University is seeking responses from qualified firms in accordance with the terms, conditions, and requirements set forth in this solicitation. Qualified Respondents are invited to submit a written response outlining qualifications and willingness to provide the services described in the Scope of Services, and in accordance with the terms, conditions and requirements set forth in the solicitation. The solicitation provides sufficient information for interested parties to prepare and submit responses for consideration by University.

5.1.2 By submitting a response, Respondent certifies that it understands the solicitation 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 will provide Services in accordance with all applicable law regulations, and professional standards.

5.1.3 University reserves the right to make single, multiple or no award for the services described herein and as deemed in its own best interest.

5.1.4 All applicable attachments contained in the solicitation shall be completed. Failure to do so may result in the Respondents response or submittal being declared non-responsive to the solicitation requirements.

5.1.6 Any exceptions taken to the terms of the solicitation, including the proposed contract terms must be specific.

5.1.7 Where exceptions are taken, University shall determine the acceptability of the proposed exceptions.

5.1.8 All exceptions shall be referenced by utilizing the corresponding section, paragraph and page number in the solicitation and APPENDIX TWO.

5.2 Historically Underutilized Businesses

All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (“HUBs”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangements resulting from this solicitation, contractor subcontracts and Work, then Contractor must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Responses that fail to comply with the requirements contained in this Section 1.7.2 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this solicitation. Respondent acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any Work will continue throughout the term of all agreements and contractual arrangements resulting from this solicitation. Furthermore, any subcontracting of Work by the Respondent is subject to review by University to ensure compliance with the HUB Program.

5.2.1 Statement of Probability: University has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, an E-HSP is required as a part of the Respondent’s response.

5.2.2 Respondent must electronically complete and submit the E-HSP via the UT Austin HUB Compliance Reporting System (B2Gnow) in accordance with the Terms and Conditions of this solicitation. Refer to APPENDIX THREE for instructions on how to access the E- HSP. Respondents that fail to submit the E-HSP will be considered non-responsive to this solicitation as required by 2161.252, Government Code.

Questions regarding this E-HSP may be directed to:

Contact: HUB/SB Program Office Email: uthub-hsp@austin.utexas.edu

5.2.3 HUB Subcontracting Goal: The goal for this solicitation is 23.7% Professional Services.

Respondent will be expected to make a good faith effort to meet this goal.

5.2.4 All modifications to the E-HSP must be made via the UT Austin HUB Compliance

Reporting System (B2Gnow). Contractors may proceed with any changes in scope or subcontractors only when the change request has been approved via B2Gnow.

5.2.5 At the same time Respondent submits its response (no later than the Submittal Deadline

(ref. Project Detail Page). University will review Respondent’s E-HSP prior to opening the response to confirm Respondent submitted the E-HSP. Respondent’s failure to submit the E-HSP will result in University’s reject of the response as non-responsive due to material failure to comply with advertised specifications.

5.2.6 University may offer Respondent an opportunity to seek informal review of its draft E- HSP by University’s HUB Office before the Submittal Deadline. The informal review can be submitted via the UT Austin HUB Compliance Reporting System (B2Gnow) by selecting the cursory review option. A cursory review is designed to help address questions Respondent may have about how to complete its E-HSP properly.

Concurrence or comment on Respondent’s draft E-HSP by University will not constitute formal approval of the E-HSP and will not eliminate the need for Respondent to submit its final E-HSP to University as instructed by Section 5.2.

5.3 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 solicitation, 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). Respondents 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.

5.4 University Contact

Any questions or concerns regarding this solicitation shall be directed to the Procurement Officer listed on the detail page. University specifically requests that Respondent restrict all contact and questions regarding this solicitation to the Procurement Officer. The Procurement Officer must receive all questions or concerns no later than the date and time listed in the Solicitation Schedule.

5.5 Questions, Inquiries, and Interpretations

Responses to questions or inquiries, which directly affect an interpretation or change to this solicitation, will be issued in writing by addendum (amendment) and all addenda will be posted in the University Bonfire portal (see page 1). All such addenda issued by University prior to the time that responses are received shall be considered part of the solicitation, and the Respondent shall be required to consider and by submitting a response to the solicitation, acknowledges receipt and understanding of all addenda in their response.

Questions submitted will be answered at the sole discretion of the University, who reserves the right to decline to respond to any question.

Only those University replies to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarification will be without legal effect.

Any interested party that receives this RFP by means other than directly from the University Bonfire portal is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone and facsimile (FAX) 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.

5.6 Commitment

The respondent understands and agrees that this solicitation and any resulting agreement is issued predicated on anticipated requirements for the materials or services described herein and that University has made no representation, guarantee, or commitment with respect to any specific quantity of or dollar value to be furnished under any resulting agreement. Further Respondent recognizes and understands that any cost borne by the Respondent, which arises from Respondent’s performance under any resulting agreement, shall be at the sole risk and responsibility of Respondent.

5.7 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.

5.8 Obligation and Waivers

THIS IS A SOLICITATION FOR RESPONSES AND IS NOT A CONTRACT OR AN OFFER TO CONTRACT.

A PROPERLY COMPLETED VENDOR APPLICATION IS REQUIRED AND IS A CONDITON OF A

CONTRACT AWARD.

THIS SOLICITATION DOES NOT OBLIGATE UNIVERSITY TO AWARD A CONTRACT OR PAY ANY

COSTS INCURRED BY THE RESPONDENT IN THE PREPARATION AND SUBMITTAL OF A RESPONSE.

UNIVERSITY, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO ACCEPT ANY RESPONSE AND/OR

REJECT ANY AND ALL RESPONSE OR A PART OF RESPONSE, WITHOUT REASON OR CAUSE,

SUBMITTED IN RESPONSE TO THIS SOLICITATION.

UNIVERSITY RESERVES THE RIGHT TO REJECT ANY NON-RESPONSIVE OR CONDITIONAL

RESPONSE. UNIVERSITY RESERVES THE RIGHT TO WAIVE ANY INFORMALITIES, IRREGULARITIES

AND/OR TECHNICALITIES IN THIS SOLICITATION, THE RESPONSE DOCUMENTS AND / OR

RESPONSES RECEIVED OR SUBMITTED.

BY SUBMITTING A RESPONSE , RESPONDENT AGREES TO WAIVE ANY CLAIM IT HAS, OR MAY

HAVE, AGAINST UNIVERSITY AND ITS BOARD OF REGENTS OR AGENTS ARISING OUT OF OR IN

CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION OR RECOMMENDATIONS OF ANY

RESPONSE; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, RESPONSE PACKAGE, OR

RELATED DOCUMENTS; (3) THE REJECTION OF ANY RESPONSE OR ANY PART OF ANY RESPONSE;

AND/OR (4) THE AWARD OF A CONTRACT, IF ANY.

UNIVERSITY RESERVES THE RIGHT TO WITHDRAW THIS SOLICITATION AT ANY TIME FOR ANY

REASON; REMOVE ANY SCOPE COMPONENT FOR ANY REASON AND TO ISSUE SUCH

CLARIFICATIONS, MODIFICATIONS AND/OR AMENDMENTS AS DEEMED APPROPRIATE.

UNIVERSITY RESERVES THE RIGHT TO NEGOTIATE TERMS AND CONDITIONS INCLUDING SCOPE,

STAFFING LEVELS, AND FEES WITH THE HIGHEST RANKED RESPONDER OFFERING THE BEST

VALUE. IF AGREEMENT CANNOT BE REACHED WITH THE HIGHEST RANKED RESPONDER,

UNIVERSITY RESERVES THE RIGHT TO NEGOTIATE WITH THE NEXT HIGHEST RANKED

RESPONDER AND SO ON UNTIL AGREEMEMENT IS REACHED. WHEN AN AGREEMENT IS

REACHED, UNIVERSITY WILL SUBMIT ITS RECOMMENDATIONS TO THE ADMINISTRATION FOR

APPROVAL AND AWARD OF THE CONTRACT.

UNIVERSITY IS AN EQUAL OPPORTUNITY/EDUCATIONAL INSTITUTION, WHICH DOES NOT

DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, PREGNANCY, AGE, DISABILITY, CITIZENSHIP, VERTERAN STATUS AND GENETIC INFORMATION.

5.9 Contract Award

Award of a contract, if awarded, will be made to the Respondent who (a) submits a responsive response; (b) is a responsible respondent; and (c) offers the best value to University, price and other factors considered.

5.10 Award Authority

A responsive response and a responsible Respondent are those that meet the requirements of and are as described in this solicitation. University may award a contract, based on initial responses received, without discussion of such response. Accordingly, each initial response should be submitted on the most favorable terms. An award under this Solicitation, and the resulting contract, if any, may require approval by UT System Board of Regents.

5.11 Type of Agreement

Contractors, if any, will be required to enter into a contract with University in the form that (i) includes terms and conditions substantially similar to the terms and conditions set forth in APPENDIX TWO, and (ii) is otherwise acceptable to University in all respects (Agreement).

5.12 Evaluation Process

University will select Contractor by using the competitive process described in this Section. Any response that is not submitted by the Submittal Deadline or that is not accompanied by the required number of completed and signed originals of the HSP may be rejected by University as non-responsive. (ref. Section 3). Upon completion of the initial review and evaluation of responses, 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 response prior to selection of Contractor.

5.13 Acceptance of Solicitation Terms

Respondent (1) accepts [a] Solicitation Evaluation Process (ref. Section 3), [b] Criteria for Selection (ref. Section 3), [c] Respondent’s response (ref. Section 4, [d] terms and conditions of the Agreement (ref. APPENDIX TWO), and [e] all other requirements and specifications set forth in this solicitation; and (2) acknowledges that some subjective judgments must be made by University during this solicitation process.

5.14 Postponement of Solicitation Due Date/Time

Notwithstanding the date/time for receipt of responses established in this solicitation, the date and time established herein for receiving responses may be postponed solely at University’s discretion.

5.15 Oral Presentations

During the process of selecting a company to provide the required services, oral presentations may or may not be held. Each Respondent should be prepared to make a presentation to University. The presentations must show that the Respondent clearly understands the requirements of the solicitation and has a strategic plan and approach to complete the work.

5.16 Solicitation Price

University will not recognize or accept any charges or fees to perform Work that are not specifically stated in the price schedule.

5.17 Prime Contractor/Contracts for Services

The prime contractor must perform a minimum of 30% of any contract for services with its labor force and/or demonstrate management of the contract for services to the satisfaction of the University.

5.18 Appropriated Funds

The purchase of a 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 are not become available, the University reserves the right to terminate the resulting contract by giving the selected contractor a thirty (30) day written notice of its intention to terminate without penalty or any further obligations on the part of University or the contractor. Upon termination of the contract, the 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.

5.19 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.

5.20 No Third-Party Rights

The resulting contract shall be made for the sole benefit of the 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.

5.21 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 the University, which shall be based on the Respondent’s submittal, in writing, of a reason acceptable to University.

5.22 Validity Period

Responses are to be valid for University acceptance for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and…