5-RFP 2501 McQuay HVAC Parts Supplies.pdf

RFP # 2501

McQuay HVAC Parts & Supplies

Navarro College District outlines the following schedule:

RFP Release Date: November 10, 2025 10 am CST Mandatory Pre-Conference: NA Deadline for Questions: December 9, 2025 10 am CST Bid Submission Deadline: December 15, 2025 10 am CST Bid Opening Date / Time: December 15, 2025 11 am CST

All questions must be submitted through the Bonfire portal via the messaging feature. All Q&A will be posted on the same message feature to ensure all vendors have access to the same information.

For any technical issues related to Bonfire, please contact Marsha Thomas, Procurement Officer, at

Marsha.Thomas@NavarroCollege.edu.

Preamble:

The Navarro College District is a public institution of higher education that provides academic, occupational, general, and continuing education opportunities, as well as lifelong learning for all people in its District and contiguous service area. The College is committed to providing a high-quality learning experience for its students at a reasonable cost and to serve as a good steward of public funds.

This request for proposals implies no obligation on the part of the Navarro College District.

The College reserves the right to accept the proposal that it believes most nearly meets the requirements, based on “best value” and not necessarily, the lowest price offered.

Information / Requirements / Process

1. Navarro College shall consider the following in accordance with section 44.031 (b) of the Texas Education Code:

The Purchase Price / Discounts offered 50 % The Reputation (or past performance) of the Supplier and of the Suppliers Goods / Services

5 %

Relevant Factors Listed in Scope of Work and Other Relevant Factors Specifically Listed in this RFP (eg. Specification, Schedule, Availability…)

45 %

2. Selection of supplier(s) may or may not be made depending upon the results received and the overall requirements and needs of Navarro College; the selection timeframe will vary depending upon the RFP and its complexity.

3. Questions must be asked on your Bonfire portal thru messages. All questions will be answered and sent to all known bidders at one time thru the Bonfire Portal.

4. The supplier shall be in compliance with all relevant requirements of the Americans with Americans with Disabilities Act (ADA) as it applies to performance under this RFP. By submission of a bid, the supplier acknowledges it intends to comply with ADA. If the supplier does not comply with ADA Navarro College reserves the right to suspend or cancel any such work under this RFP and shall only be financially responsible for products delivered or services rendered up to any such suspension or cancelation.

5. The supplier represents and warrants that all products and / or services furnished under this RFP shall comply with applicable federal, state, and local laws, rules, regulations and ordinances. The supplier shall, at the supplier’s expense, five all required notices and secure all required permits necessary for performance hereunder.

6. Navarro College is not required to award the lowest bidder or to even select a supplier.

7. Navarro College reserves the right to select a supplier from a purchasing program recognized by the State of Texas (Interlocal Agreements) as already satisfying the competitive bidding requirements (e.g.TXMAS, Buyborad, TIPS).

8. Final tabulations or information regarding the RFP will not be shared until Navarro College has made a formal selection and only then by Open Record request.

9. All suppliers will be notified of acceptance or rejection thru Bonfire / Email.

10. Acceptance of a proposal/bid for consideration implies no obligation on the part of

Navarro College nor does the silence of Navarro College imply approval or rejection of a bid.

11. Navarro College reserves the right to reject any and all bids submitted and waive any and all formalities and conditions.

12. Navarro College reserves the right to award a single supplier, multiple suppliers or no supplier at all.

13. Any correspondence regarding a Navarro College PO, specifically an invoice, must include the PO number to ensure correct and timely processing. Invoices must reference Navarro College PO number.

14. Navarro College will not be responsible for products delivered or services rendered in advance of a supplier’s receipt of a Navarro College PO.

15. In the event the supplier fails to deliver the products and/or services as and when promised in the bid, Navarro College reserves the right to proceed in any one or combination of the following ways.

a. Cancel all or any part of the po.

b. Return all or any part of the products and/or services delivered to date and charge the supplier for any loss or cost incurred as a result of the failure to deliver as promised.

c. Purchase all or any part of the products and/or services at current market price and charge the supplier the difference between the total of the market price, freight, and the supplier’s bid price.

16. No allowance will be made for a supplier’ waste, loss, breakage, damage, or difficulties.

17. Trash or refuse generated as a result of the operations or activities of the supplier delivering products and/or services will be properly disposed of by the supplier, at supplier’s expense.

18. Validity Period: Proposals are to be valid for Navarro College acceptance for a minimum of 60 days for the submittal deadline date to allow for evaluation, selection, and any unforeseen delays. Proposals, if accepted shall remain valid for the life of the Agreement.

19. Force Majeure- Neither Firm not the District shall be responsible or deemed to be in fault of its obligations to the other to the extent any failure to perform or delay in performing its obligations under the RFP is caused by events or conditions beyond the reasonable control of that party and are not due to the negligence or willful misconduct of such party. For purposes of the RP, Force Majeure events shall include, but not be limited to, acts of God or public enemy, war, riot or civil commotion, conditions due to governmental law, regulations, ordinances, an order of a court of competent jurisdiction, executive decree, or order. However, in the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt written notice to the other party (including the date of inception of the Force Majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects or to otherwise perform. The District shall not be responsible for payment or any product or service delayed or foreclosed by any Force Majeure event unless and until such delayed or foreclosed product or service is provided. The provisions of the section shall not preclude the District from canceling or terminating any resulting award (or any order for any goods or services included herein) or from revising the scope of work, as otherwise permitted under this RFP.

State of Texas Provisions:

1. Ineligibility Sec.2155.004, Certain Bids and Contracts Prohibited

a. A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.

b. A bid or award subject to the requirements of this section must include the following statement: “ Under section 2155.004, Government Code, the Vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

c. If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded under Subsection (a), the state agency may immediately terminate the Contract without further obligation to the vendor.

d. This section does not create a cause of action to contest a bid or award of a state contract.

e. This section does not prohibit a bidder or contract participant from providing free technical assistance to a state agency.

2. Antitrust Sec 2155.005, Compliance with Antitrust Laws: “ a(a) A bidder offering to sell goods or services to the state shall certify on each bid submitted that neither the bidder, nor the person represented by the bidder, nor any person acting for the represented person has:

a. Violated the antitrust laws codified by Chapter 15, Business & Commerce Code, or the federal antitrust laws; or

b. Directly or indirectly communicated the id to a competitor or other person engaged in the same line of business.”

3. Debarment Respondent certifies that the responding entity and its principles are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement.

4. Conflicts of Interest Persons contemplating business with the College must conform to the requirements of Chapter 176, Texas Local Government Code as it pertains to conflict of Interest.

5. Felony Conviction Sec 44.034 Notification of Criminal History of Contractor:

a. A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.

b. A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.

c. Publicly Held Corporations. This section does not apply to publicly held corporations

6. Certification of Franchise Tax Status The Respondent, by submitting a Proposal, certifies that its Texas Franchise Tax payments are current, or that it is exempt from or not subject to such tax.

7. Equal Opportunity Pursuant to federal, state and local laws, Respondent represents and warrants that it is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, age, mental or physical disability or sex.

8. Governing Law The Contract and all of the rights and obligations of the parties there to and all of the terms and conditions thereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas, Navarro County, shall be the proper place of venue for suit on or in respect of the Agreement.

9. Boycott of Israel Pursuant to the provisions of Subtitle F, Title 10 Government Code Chapter 2270, by acknowledging this attribute, vendor verifies that their company 1 Does not boycott Israel currently, and 2 Will not boycott Israel during the term of the contract with Navarro College.

10. Terrorist Organization Prohibition Pursuant to the provisions of Subtitle F, Title 10, Texas Government Code 2252.152 (contracts with companies engaged in business with Iran, Sudan, or Foreign terrorist organization prohibited) a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Texas Government Code Section 806.051, 807.051, or 2252.153.

11. Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries If Respondent is a company with 10 or more full-time employees and if this Agreement has a value of at least $00,000 or more, Respondent verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. This verification is not required for an agreement with a sole-sorece provider; or a governmental entity that does not receive bids from a company that is able to provide this verification.

12. Prohibition on Contracts with Companies Boycotting Certain Energy Companies; If Respondent is a company with 10 or more full time employees and if this Agreement has a value of at least $100,000 or more, Respondent verifies that, pursuant to Texas Government Code Chapter 2274 it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity’s constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.

13. Davis-Bacon Act When required by Federal program legislation, Vendor agrees that, for all Navarro College prime construction contracts/purchases in excess of $2000.

Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less that the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less that once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the awarded of the purchase to the Vendor is conditioned upon Vendor’s acceptance of wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145) as supplemented by Department of Labor regulations (29 CFR Part 3,”Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the Unted States”). The Act provides that each contractor or subrecipient must be prohibited grom inducing, by any means, any person employed in construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

14. Non-Resident / Resident Certification The 1985 Texas Legislature passed HB620 relating to bids by nonresident firms. The pertinent portion of the ACT has been extracted and is as follows:

http://www.wdol.gov/

i. Nonresident Bidder – means a bidder whose principal place of business is not in this state but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

ii. Texas Resident Bidder – means a bidder whose principal place of business is in this state and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

The state or a governmental agency of the state may not award a contract for general construction, improvements, services or public works projects or purchases of supplies, materials or equipment to a nonresident bidder unless the non-resident’s bid is lower that the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

15. Executive Order GA-48 Certification Effective November 19, 2024, Texas state agencies and public institution of higher education are prohibited from contracting with certain companies affiliated with foreign adversaries, as outlined in Executive Order GA-48 issued by Governor Greg Abbott. A Texas governmental entity may not enter into a contract with a company for goods or services unless the company certifies that neither it nor any of its holding companies, subsidiaries, or affiliations is:

i. Listed in Section 889 of the 2019 National defense Authorization Act (NDAA)

ii. Listed in Section 126OH of the 2021 National Defense Authorization Act (NDAA)

iii. Owned by the government of a country on the US Department of Commerce’s foreign adversaries list , as defined in 15 C.F.R.

5.791.4

iv. Controlled by any governing or regulatory body located in in a country on the US Department of Commerce’s foreign adversaries list, as defined in 15 C.F.R. 5.791.4