ESBD_362658_1718374965722_RFP 739-SL3627152 Data Communication System Cable and Fiber Installation Services v6.14.2024.pdf

739-SL3627152

solicitations@ttuhsc.edu Page 1 of 41 DOC1643828-002

*3EM4G0L-1* *3EM4G0L-1*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*1*41***] Powered by ASC

REQUEST FOR PROPOSALS

Data Communication System Cable and Fiber

Installation Services

RFP 739-SL3627152

Due Date: July 17, 2024

Proposals must be time stamped by the Texas Tech University Health Sciences Center Purchasing Office before the hour and date specified for receipt of solicitation.

Pursuant to the provisions of Texas Government Code Title 10 Subtitle D Chapter

2156.121 - 2156.127, General Services Act rules and regulations adopted there under, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

http://www.ascnet.com/ http://www.ttuhsc.edu/abilene/ http://www.ttuhsc.edu/amarillo/ http://www.ttuhsc.edu/lubbock/ http://www.ttuhsc.edu/odessa/ solicitations@ttuhsc.edu Page 2 of 41 DOC1643828-002

*3EM4G0L-2* *3EM4G0L-2*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*2*41***] Powered by ASC

SUBMITTAL

CHECKLIST

Due Date: July 17, 2024

Request Number: RFP 739-SL3627152

Vendor Name:

Contact Name:

Phone Number:

Contact E-Mail:

Check-off

1. ___ Signed and Completed Execution of Offer (ref Appendix B).

2. ___ Signed and Completed HUB Subcontracting Plan (ref Appendix C).

3. ___ Signed and Completed Addenda Checklist (ref Appendix D).

4. ___ Responses to questions and requests for information in the Specifications and Scope of Work Section (ref Section 5).

5. ___ Signed and Completed Pricing Schedule (ref Section 6).

6. ___ Deliver Proposal to:

TTUHSC prefers that all proposals be submitted using the TechBid system (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Or Mailed To:

Texas Tech University Health Sciences Center Purchasing Office 3601 4th Street STOP 6217 Lubbock, Texas 79430 http://www.ascnet.com/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech solicitations@ttuhsc.edu Page 3 of 41 DOC1643828-002

*3EM4G0L-3* *3EM4G0L-3*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*3*41***] Powered by ASC

TABLE OF CONTENTS

Section 1: General Information

1.1 Introduction

1.2 Description of Texas Tech University Health Sciences Center

1.3 Group Purchase Authority

1.4 TTUHSC’s Right to Reject

1.5 Public Information

1.6 Inquiries and Interpretations

Section 2: Notice to Proposer

2.1 Submittal Deadline

2.2 TTUHSC Contact Person

2.3 Key Events Schedule

2.4 Anticipated Term

Section 3: Proposal Submission Procedures

3.1 Number of Copies

3.2 Submittal Instructions for Online (TechBid) Proposals

3.3 Submittal Instructions for Mailed/Delivered Proposals (Not required if submitted online)

3.4 Proposal Validity Period

3.5 Terms and Conditions

3.6 Alternate Proposals

3.7 HUB Subcontracting Plan

Section 4: Evaluation Criteria and Award

4.1 Evaluation Process

4.2 Proposer’s Acceptance of Evaluation Methodology

4.3 Evaluation Criteria and Weights

4.4 Consideration of Additional Information

4.5 Oral Presentations/Interviews

4.6 Award Process

4.7 Best and Final Offer

4.8 Award of Agreement

Section 5: Specifications and Scope of Work

5.1 General

5.2 Minimum Requirements

5.3 Additional Requirements Specific to this RFP

5.4 Services Specifications

Section 6: Pricing Schedule

6.1 Pricing for Services Offered

6.2 Pricing for Additional Products/Services Offered

6.3 TTUHSC’s Payment Terms

Section 7: General Terms and Conditions Appendix A: Agreement Appendix B: Execution of Offer Appendix C: HUB Subcontracting Plan Appendix D: Addenda Checklist Appendix E: TTUHSC Vendor Information Appendix F: Communications Systems Cable and Equipment solicitations@ttuhsc.edu Page 4 of 41 DOC1643828-002

*3EM4G0L-4* *3EM4G0L-4*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*4*41***] Powered by ASC

SECTION 1

GENERAL INFORMATION

1.1 Introduction

The Texas Tech University Health Sciences Center (“TTUHSC”), a part of the Texas Tech University System, seeks proposals from qualified firms for Data Communication System Cable and Fiber Installation Services (the “Services”). The Services are more specifically described in Section 5.4 entitled Service Specifications.

1.2 Description of Texas Tech University Health Sciences Center

TTUHSC has as its major objectives the provision of quality education and development of academic, research, patient care, and community service programs to meet the health care needs of West Texas, which in total is comprised of 108 counties and represents 50% of Texas’ land mass and 11% of its total population. This 131,000 square mile service area and population of 2.7 million has been, and remains highly underserved by health professionals and accessible health care facilities, despite the substantial and meaningful contribution made by our institution. While education of students and residents remains the primary focus of the institution, there has been an important impact on the health status of West Texas.

Please visit the campus web sites for more information:

Abilene campus Amarillo campus Dallas/Fort Worth campus Lubbock campus Permian Basin campus

TTUHSC Fact Book

1.3 Group Purchasing Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP.

1.4 TTUHSC’s Right to Reject

This RFP does not commit TTUHSC to select a proposer or to award an agreement to any proposer. TTUHSC reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP. Proposals which are qualified with conditional clauses or alterations or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by TTUHSC at its option. If TTUHSC receives fewer than three proposals, TTUHSC has the right to reissue this RFP in order to gain additional competitive proposals.

1.5 Public Information

1.5.1 Proposer is hereby notified that TTUHSC strictly adheres to all statutes, court http://www.ascnet.com/ http://www.ttuhsc.edu/abilene/ http://www.ttuhsc.edu/amarillo/ http://www.ttuhsc.edu/dallas/ http://www.ttuhsc.edu/lubbock/ http://www.ttuhsc.edu/odessa/ https://www.ttuhsc.edu/about/factbook.aspx solicitations@ttuhsc.edu Page 5 of 41 DOC1643828-002

*3EM4G0L-5* *3EM4G0L-5*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*5*41***] Powered by ASC decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

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

1.5.3 Upon execution of a final agreement, TTUHSC 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 (Government Code, Chapter 552.001, et seq.). Proposer 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 Sections 552.101, 552.110, 552.113, and 552.131, Government Code.

1.6 Inquiries and Interpretations

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

1.6.2 Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. APPENDIX D). The Addenda Checklist must be received by TTUHSC prior to the Submittal Deadline and should accompany the Proposer’s proposal.

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

solicitations@ttuhsc.edu Page 6 of 41 DOC1643828-002

*3EM4G0L-6* *3EM4G0L-6*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*6*41***] Powered by ASC

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

TTUHSC will accept proposals submitted in response to this RFP until 4:30 PM, Central Time on July 17, 2024 (the “Submittal Deadline”). Proposals should be delivered to:

Texas Tech University Health Sciences Center Purchasing Office

Attention: Solicitation Manager - RFP 739-SL3627152

2.2 TTUHSC Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following TTUHSC contact (“TTUHSC Contact”):

Solicitation Manager Tel. (806) 743-7841 • eFax (806) 743-7850 solicitations@ttuhsc.edu

TTUHSC specifically instructs interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to TTUHSC Contact. TTUHSC Contact must receive all questions or concerns no later than June 20, 2024. TTUHSC will have a reasonable amount of time to respond to questions or concerns. It is TTUHSC’s intent to respond to all appropriate questions and concerns; however, TTUHSC reserves the right to decline to respond to any question or concern.

2.3 Key Events Schedule

TTUHSC will make a good faith effort to follow the timeline below for evaluating, negotiating and issuing an award:

Distribution of RFP June 14, 2024 Deadline for Submission of Written Questions June 20, 2024 Deadline for Submission/Delivery of Proposals July 17, 2024 Evaluation of Proposals July 17, 2024 – August 31, 2024

2.4 Anticipated Term

The anticipated term of any resulting agreement will begin on the date an agreement is executed, and expire on August 31, 2025. TTUHSC will have the option of two (2) additional one (1) year renewal periods.

• Optional Renewal Period #1: September 1, 2025 – August 31, 2026

• Optional Renewal Period #2: September 1, 2026 – August 31, 2027 solicitations@ttuhsc.edu Page 7 of 41 DOC1643828-002

*3EM4G0L-7* *3EM4G0L-7*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*7*41***] Powered by ASC

SECTION 3

PROPOSAL SUBMISSION PROCEDURES

3.1 Number of Copies

Proposer must submit a total of one (1) complete copy of its entire proposal. An original or digital signature by an authorized officer of Proposer must appear on the Execution of Offer (ref. APPENDIX B) of the submitted proposal.

3.2 Submittal Instructions for Online (TechBid) Proposals

3.2.1 TTUHSC prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

3.2.2 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification. The TechBid system contains a mandatory “Bidder Affirmation” checkbox certifying this information. By submitting their proposal online, proposers automatically qualify as having a valid signature.

3.2.3 All proposals must be submitted online no later than the date and time indicated in Section 2.1 “Submittal Deadline.”

3.3 Submittal Instructions for Mailed Proposals (Not Required if Submitted Online)

3.3.1 TTUHSC prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

However, if necessary, the proposer may elect to submit a printed version of the proposal and submit the proposal by mail or carrier service.

3.3.2 One (1) original individually-bound completed proposal is required for the mailed or delivered submittals. Note: One (1) electronic version (USB Drive) is also required for archival purposes.

3.3.3 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification.

3.3.4 Proposals should be submitted in a sealed envelope or box marked with the name of the RFP (as shown on the cover page of this RFP) and the opening date. All proposals must be submitted no later than the date and time indicated in Section 2.1 “Submittal Deadline.”

3.4 Proposal Validity Period

Each proposal must state that it will remain valid for TTUHSC’s acceptance for a minimum of ninety (90) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

http://www.ascnet.com/ solicitations@ttuhsc.edu Page 8 of 41 DOC1643828-002

*3EM4G0L-8* *3EM4G0L-8*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*8*41***] Powered by ASC

3.5 Terms and Conditions

Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (ref. APPENDIX A), the Notice to Proposer (ref. Section 2 of this RFP), Proposal Submission Procedures (ref. Section 3 of this RFP) and the Specifications and Scope of Work (ref. Section 5 of this RFP). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity will prevail.

3.6 Alternate Proposals

TTUHSC may consider alternate proposals submitted by Proposer. Proposers submitting alternate proposals should (i) clearly identify any exceptions taken to the requirements and specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. Proposer may suggest additions to the requirements and specifications set forth in this RFP, and all such suggestions must be clearly identified. Alternate proposals should be submitted as attachments to the proposal. Alternate proposals shall meet the same requirements and shall be in the same format as the proposal’s base format.

3.7 HUB Subcontracting Plan

A HUB Subcontracting Plan (“HSP”) is required as part of Proposer’s proposal. The HSP will be developed and administered in accordance with TTUHSC’s Policy on Utilization of Historically Underutilized Businesses attached as APPENDIX C and incorporated for all purposes.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX C. Proposers that fail to do so will be considered non-responsive to this RFP in accordance with Section 2161.252, Government Code.

TTUHSC has reviewed this RFP in accordance with Title 34, Texas Administrative Code, Section 20.13 (a), and has determined that subcontracting opportunities are probable under this RFP.

A search has been conducted of the Centralized Master Bidders List to identify active HUB vendors in accordance with Title 34, Texas Administrative Code, Section 20.14(a)(1). The following NIGP commodity codes were included:

Code #1 (91526) Code #2 (83826) Code #3 (90684)

Results can be viewed at the following link:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp solicitations@ttuhsc.edu Page 9 of 41 DOC1643828-002

*3EM4G0L-9* *3EM4G0L-9*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*9*41***] Powered by ASC

SECTION 4

EVALUATION CRITERIA AND AWARD

4.1 Evaluation Process

4.1.1 TTUHSC will utilize a proposal evaluation team for the evaluation of this RFP. The award will be based on the proposal judged to be in the best interest of TTUHSC, the judgment in this regard shall be considered final. Any agreement resulting from this request shall be awarded to the proposer providing the “best value” to TTUHSC.

4.1.2 Under section 51.9335 of the Texas Education Code in determining what is the best value to an institution of higher education, TTUHSC shall consider the purchase price, the reputation of the proposer and of the proposer’s goods or services, the quality of the proposer’s goods or services, the extent to which the goods or services meet TTUHSC’s needs, the proposer’s past relationship with TTUHSC, the impact on the ability of TTUHSC to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities, the total long-term cost to TTUHSC of acquiring the proposer’s goods or services, and any other relevant factor that a private business entity would consider in selecting a vendor.

4.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a proposal indicates proposer’s acceptance of the evaluation technique and proposer’s recognition that some subjective judgments must be made by TTUHSC during the assigning of points.

4.3 Evaluation Criteria and Weights

4.3.1 Each proposal shall be evaluated on the ability to meet TTUHSC’s requirements and to provide the best value to TTUHSC.

4.3.2 The evaluation will be based on the following formula:

Criteria Weight

4.4 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the proposal information to TTUHSC.

4.5 Oral Presentations/Interviews

Upon completion of the initial review and evaluation of the proposals submitted, selected proposers may be invited to participate in oral presentations. Oral presentations/interviews are an option of the evaluation team and may or may not be conducted; therefore, proposals should be complete when submitted by the deadline indicated in the Section 2.1 entitled “Submittal Deadline.”

Proposer’s Pricing Proposal 30% Proposer’s Experience and Reputation 40% Proposer’s Product/Service Specifications 30% solicitations@ttuhsc.edu Page 10 of 41 DOC1643828-002

*3EM4G0L-10* *3EM4G0L-10*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*10*41***] Powered by ASC

4.6 Award Process

During the opening, proposals will be acknowledged publicly to identify the names of the proposers, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any of the proposers or, at TTUHSC’s sole option and discretion, TTUHSC may discuss or negotiate all elements of the proposal with selected proposers which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s).

4.7 Best and Final Offer

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, TTUHSC may permit a proposer to revise its proposal in order for TTUHSC to obtain a best and final offer. TTUHSC will provide each proposer within the competitive range with an equal opportunity for discussion and revision of their proposal, and a proposer may elect not to amend their original proposal. TTUHSC is not bound to accept the best-priced proposal if that proposal is not the most advantageous to TTUHSC as determined by the evaluation team.

4.8 Award of Agreement

4.8.1 TTUHSC reserves the right to award an agreement for all or any portion of the requirements proposed by reason of this request, award multiple agreements, or to reject any and all proposals if deemed to be in the best interests of TTUHSC and to re-solicit for proposals, or temporarily or permanently abandon the solicitation. If TTUHSC awards an agreement, it will award the agreement to the proposer whose proposal is the most advantageous to TTUHSC, considering price and the evaluation factors set forth in this RFP. Any actual or prospective proposer who is aggrieved in connection with the solicitation, evaluation or award of an agreement may formally protest in accordance with the following:

https://www.fiscal.ttuhsc.edu/purchasing/vendors/protestprocedures.aspx

4.8.2 TTUHSC intends to negotiate and award an agreement with the vendor submitting the proposal the evaluation committee determines best meets the requirements and is considered to be the best value overall. The agreement is a non-exclusive agreement, and TTUHSC reserves the right to enter into one or more agreements with third parties covering the same or similar Services.

4.8.3 The proposer may submit its standard agreement for review by TTUHSC. The agreement entered into by the parties shall consist of the RFP, the signed proposal submitted by the vendor, the specifications including all the modifications thereof, a written agreement, and purchase order(s), all of which shall be referred to collectively as the agreement documents.

4.8.4 Any resulting agreement may be subject to review and approval by The Board of Regents of Texas Tech University System (the “BOR”). If the BOR does not approve the agreement, then the agreement is null, void, and of no effect. Rules governing the https://www.fiscal.ttuhsc.edu/purchasing/vendors/protestprocedures.aspx solicitations@ttuhsc.edu Page 11 of 41 DOC1643828-002

*3EM4G0L-11* *3EM4G0L-11*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*11*41***] Powered by ASC approval and execution of contracts can be viewed here: The Rules & Regulations of the Board of Regents, Chapter 07 - https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf

4.8.5 TTUHSC is required under Texas Legislature House Bill 1295 (section 2252.908 of the Government Code) to request Ethics Commission Reporting from contractors with agreements that:

(1) requires an action or vote by the governing body of the entity or agency; or

(2) has a value of at least $1 million (value of an agreement is based on the amount of consideration received or to be received by the contractor from TTUHSC).

The Business Entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.ascnet.com/ https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm solicitations@ttuhsc.edu Page 12 of 41 DOC1643828-002

*3EM4G0L-12* *3EM4G0L-12*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*12*41***] Powered by ASC

SECTION 5

SPECIFICATIONS AND SCOPE OF WORK

5.1 General

The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. The successful Proposer is referred to as the “Contractor.”

5.2 Minimum Requirements

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements if applicable:

Proposer is current with the State of Texas Comptroller of Public Accounts (if applicable) https://fmcpa.cpa.state.tx.us/tpis/

Proposer can provide Certificate of Franchise Tax status. (if applicable) https://ourcpa.cpa.state.tx.us/coa/Index.html

Proposer shall demonstrate evidence of certifications, permits, licenses and insurances as appropriate to provide the Services as required.

5.3 Additional Requirements Specific to this RFP

Proposer must submit the following informational sections as part of Proposer’s proposal:

1. Proposer’s Experience and Reputation

Provide written detail about corporate background and experience.

Provide at least 5 references (with names and contact information) and description of services from current or recent clients. These should include specifications and requirements most similar to those described in this RFP.

o Each Reference must include pictures of projects of $10,000 or more for that customer, showing racks, patch panels, cable layout, etc.

Provide documentation showing 10 years or more experience installing Data Network Cabling.

Provide proof of certifications and/or proof of training received within the last 5 years. Both are preferred.

2. Product / Service Specifications

Provide written detail documenting how proposed product meets the requirements found in Section 5.4 Services Specifications.

http://www.ascnet.com/ https://fmcpa.cpa.state.tx.us/tpis/ https://ourcpa.cpa.state.tx.us/coa/Index.html solicitations@ttuhsc.edu Page 13 of 41 DOC1643828-002

*3EM4G0L-13* *3EM4G0L-13*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*13*41***] Powered by ASC

Provide a description of installation activities and authorized and participating installers included under Proposer’s Proposal.

5.4 Service Specifications

See specifications contained in Appendix F: COMMUNICATIONS SYSTEMS CABLE AND

EQUIPMENT

solicitations@ttuhsc.edu Page 14 of 41 DOC1643828-002

*3EM4G0L-14* *3EM4G0L-14*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*14*41***] Powered by ASC

SECTION 6

PRICING SCHEDULE

Proposal of: ___________________________________ (Proposer Company Name)

Ref.: Data Communication System Cable and Fiber Installation Services

RFP No.: RFP 739-SL3627152

Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the Services required pursuant to the above-referenced Request for Proposal upon the terms quoted below.

6.1 Pricing for Services Offered:

Indicate which of the following TTUHSC locations are applicable to your proposal by placing an X in the appropriate service location box below:

Provide unit pricing for each of the following:

Line Item Description Unit Price

Not to Exceed Annual Cost

Increase

1 CAT6 Data Drop per specs - Unit Specification: 1.0/EA $ %

2 Provide, Install, Terminate, and Label CAT6 Microphone Drop (Classroom Mic to Podium) per specs. - Unit Specification: 1.0 EA $ %

Provide, Install, Terminate, and Label Extended Cat6 (RJ45 to Classroom Furniture Insert or RJ45 to Modular Furniture Insert, per specs. - Unit Specification: 1.0 EA

4 Cable Demo (Wall plate to Rack.) Cost per cable demo - Unit Specification: 1.0/EA $ %

5 Back-pull and/or Re-terminate of Cat5e or Cat 6 Network Drop - Unit Specification: 1.0/EA $ %

6 CAT6 Drop with Wiremold Assembly, utilizing WIREMOLD V700 Raceway $ %

7 Wall cut in with J Box and flex conduit - Unit Specification: 1.0/EA $ %

Provide and Install Corning LANscape CCH-04U Rack-MT - 19" 4U Fiber Enclosure - Splice Tray Capable, Containing 8 Splice Trays- Unit Specification: 1.0 EA

9 Provide and Install Pig Tail for 6 Fusion splice for SC, LC, or ST Fiber, for (OM3, OM4, or OS2) Unit Specification: 1.0 EA $ %

10 Provide and Install Pig Tail for 12 Fusion splice for SC, LC, or ST Fiber, for (OM3, OM4, or OS2) Unit Specification: 1.0/EA $ %

Amarillo El Paso Midland / Odessa Lubbock Austin Abilene Mansfield Dallas solicitations@ttuhsc.edu Page 15 of 41 DOC1643828-002

*3EM4G0L-15* *3EM4G0L-15*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*15*41***] Powered by ASC

11 Provide and Install Corning 12-Fiber Loose Tube Fan Out Kit w/900 12" Color Leads - Corning FAN-BT25-12 - Unit Specification: 1.0 EA $ %

12 Provide and Install Corning - CCH-CP12-59 - 12-F Closet Connect Housing SC (Duplex) Single-mode (OS2) - Unit Specification: 1.0 EA $ %

Provide and Install Corning - CCH-CP12-E7 - 12-F Closet Connect Housing SC (Duplex) 50 µm multimode (OM3, OM4) - Unit Specification: 1.0 EA

14 Provide and Install Corning - CCH-CP06-59 - 6-F Closet Connect Housing SC (Duplex) Single-mode (OS2) - Unit Specification: 1.0 EA $ %

Provide and Install Corning - CCH-CP06-E7 - 6-F Closet Connect Housing SC (Duplex) 50 µm multimode (OM3, OM4) - Unit Specification: 1.0 EA

16 Provide and Install Corning - CCHCP12-A9 - 12-F Closet Connect Housing LC (Duplex) Single Mode (OS2) - Unit Specification: 1.0/EA $ %

Provide and Install Corning - CCH-CP12-E4 - 12-F Closet Connect Housing LC (Duplex) 50 µm multimode (OM3, OM4) - Unit Specification: 1.0 EA

18 Provide and Install Corning - CCH-CP06-A9 - 6-F Closet Connect Housing LC (Duplex) Single Mode OS2 - Unit Specification: 1.0 EA $ %

Provide and Install Corning - CCH-CP06-E4 - 6-F Closet Connect Housing LC (Duplex) 50 µm multimode OM3 OM4 - Unit Specification: 1.0 EA

20 Provide and Install Corning CLSSC-04U LANscape Classic CCH-04U Rack-MT - 19" 4U Empty Fiber Enclosure - Unit Specification: 1.0 EA $ %

21 Provide and Install Corning LANscape CCH-04U Rack-MT - 19" 4U Empty - Fiber Enclosure - Unit Specification: 1.0 EA $ %

22 Provide and Install Corning LANscape CCH-02U Rack-MT - 19" 2U Empty Fiber Enclosure - Unit Specification: 1.0 EA $ %

23 Provide and Install Corning LANscape CCH-01U Rack-MT - 19" \1U Empty Fiber Enclosure - Unit Specification: 1.0 EA $ %

24 Provide, Install, and Terminate Corning CCH-CS Single Mode Fiber Cassette Unit Specification: 1.0/EA $ %

Provide and install Wall mount enclosures SPH-01P 565661 Corning-C SPH-01P 12-F Wall -MT enclosure single panel housing CCH not included.

Provide and install CPI QuadraRack 4-Post Frame, 7ft H X 19 in. W X 29 in D, Black, MFR#: 50120-703. SKU: 2203210, anchored to floor.

- Unit Specification: 1.0 EA

27 Provide and Install standard CPI, 7-foot EIA 19" rack: heavy-duty aluminum, black, and anchored to floor - Unit Specification: 1.0 EA $ %

Provide and Install standard CPI, 5-foot EIA 19" rack: heavy-duty aluminum, black or clear, and anchored to floor - Unit Specification:

1.0 EA

29 Provide and install CPI Cube IT 11996-724 - 24"W X 24" Depth X 24" H Steel Metal Door - Black. Unit Specification: 1.0 EA $ %

30 Provide and install CPI Cube IT 12419-724-724 - 24"W X 24" Depth X 24" H Glass Door - Black. Unit Specification: 1.0 EA $ %

31 Provide and Install CPI Cube IT 11996-736 - 24"W X 30" Depth X 36" H Steel Metal Door - Black. Unit Specification: 1.0 EA $ % solicitations@ttuhsc.edu Page 16 of 41 DOC1643828-002

*3EM4G0L-16* *3EM4G0L-16*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*16*41***] Powered by ASC

32 Provide and Install CPI Cube IT 11996-736 - 24"W X 30" Depth X 36" H Steel Glass Door - Black. Unit Specification: 1.0 EA $ %

33 Provide and Install CPI ThinLine II 13050-713 26"H x 26"W x 12"D, 6U - Black. Unit Specification: 1.0 EA $ %

34 Provide and Install NEMA 5-15P Fan Kit 12804-701 - Unit Specification: 1.0 EA $ %

Provide and Terminate Corning Single Mode / Multimode UniCam High-Performance Connector, LC, SC and ST Connector - Unit Specification: 1.0 EA

36 Installation of Corning Fiber (Armored, Underground, or MIC) - Unit Specification: 1.0 Per Foot $ %

To Provide Corning 006EU4-T4701D20 ALTOS Cable with FastAccess Technology, Gel-Free Cable,6 F, Single Mode OS2 Unit Specification: 1.0 Per Foot

To Provide Corning 012EU4-T4701D20 ALTOS Cable with FastAccess Technology, Gel-Free Cable,12 F, Single Mode OS2 Unit Specification: 1.0 Per Foot

To Provide Corning 024EU4-T4701D20 ALTOS Cable with FastAccess Technology, Gel-Free Cable,24 F, Single Mode OS2 Unit Specification: 1.0 Per Foot

To Provide Corning 048EU4-T4701D20 ALTOS Cable with FastAccess Technology, Gel-Free Cable, 48 F, Single Mode OS2 Unit Specification: 1.0 Per Foot

To Provide Corning 096EU4-T4701D20 ALTOS Cable with FastAccess Technology, Gel- Free Cable, 96 F, Single Mode OS2 - Unit Specification: 1.0 Per Foot

To Provide Corning MIC Interlocking 6 F, Armored - Plenum Single Mode (OS2) Corning Fiber, 006E88-31131-A3 - Unit Specification:

1.0 Per Foot

To Provide Corning MIC Interlocking 12 F, Armored - Plenum Single Mode (OS2) Corning Fiber, 012E88-33131-A3 - Unit Specification:

1.0 Per Foot

To Provide Corning MIC Interlocking 24 F, Armored - Plenum Single Mode (OS2) Corning Fiber, 024E88-33131-A3 - Unit Specification: 1.0 Per Foot

To Provide Corning MIC Interlocking 48 F, Armored - Plenum Single Mode (OS2) Corning Fiber, 048E88-61131-A3 - Unit Specification: 1.0 Per Foot

46 Provide Panduit Fiber Optic Cable Identification Sleeves - Part#:

NWSLC (Single Mode or Multimode) Unit Specification: 100 per pack $ %

47 Provide and install UTP 48 port T568B patch panel (Panduit Data-Patch Panel CAT6 DP48688TGY -Unit Specification: 1.0 EA $ %

48 Provide and install UTP 24 port T568B patch panel (Panduit Data-Patch Panel CAT6 DP24688TGY -Unit Specification: 1.0 EA $ %

49 Provide and install Modular patch panel - CPP24WBLY (Loaded with 24 CAT 6 Panduit Modular Jacks). Unit Specification 1.0 EA $ %

50 Provide and Install horizontal cable management (Panduit WMPF1E) Front Only - Unit Specification: 1.0 EA $ %

51 Provide and Install Vertical cable management (Panduit WMPVHC45E) with Side Bracket - Unit Specification: 1.0 EA $ % solicitations@ttuhsc.edu Page 17 of 41 DOC1643828-002

*3EM4G0L-17* *3EM4G0L-17*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*17*41***] Powered by ASC

Provide and Install 18" CPI Cable Ladder with Rack and Wall Brackets (Up to 10 feet in length) [Rack to Wall, Ladder to Wall, or Ladder to Ladder] CPI Runway Assembly when requested 6" or 12" elevation kit

- Unit Specification: 1.0 EA

53 Provide and Install Wall-Mount Busbar Kit; 4" x 20" x 1/4" CPI Part number 40158-020 ; Copper Bus Bar - Unit Specification - 1.0 Each $ %

54 MDF/IDF Bonding and Grounding in Compliance with TIA/EIA 607 Standards - Unit Specification - 1.0 EA $ %

55 EZ-Path 22 Sleeve Installation - Unit Specification: 1.0 EA $ %

56 EZ-Path 33 Sleeve Installation - Unit Specification: 1.0 EA $ %

57 FS100 Sleeve Installation - Unit Specification: 1.0 EA $ %

58 FS200 Sleeve Installation - Unit Specification: 1.0 EA $ %

59 FS400 Sleeve Installation - Unit Specification: 1.0 EA $ %

60 Provide and Install 1.5" Plenum Innerduct - with Mule Tape - Unit Specification: 1.0 FT $ %

61 Provide and Install Plenum 1" Duct - with Mule Tape - Unit Specification: 1.0 FT $ %

62 Provide and Install Berktek 24 AWG Multi-Pair (25 Pair) CAT 3 UTP Plenum Backbone Cable - Unit Specification 1.0 FT $ %

63 Provide and Install Berktek 24 AWG Multi-Pair (50 Pair) CAT3 UTP Plenum Backbone Cable - Unit Specification 1.0 FT $ %

64 Provide and Install Berktek 24 AWG Multi-Pair (100 Pair) CAT3 UTP Plenum Backbone Cable - Unit Specification 1.0 FT $ %

65 Provide Compulink 1FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

66 Provide Compulink 3FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

67 Provide Compulink 5FT CAT 6 Bootless, Blue Patch Cable - Unit- Specification: 1.0 EA $ %

68 Provide Compulink 7FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

69 Provide Compulink 10FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

70 Provide Compulink 20FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

71 Provide Compulink 25FT CAT 6 Bootless, Blue Patch Cable - Unit Specification: 1.0 EA $ %

72 Provide Quiktron / Le Grande 1FT CAT 6 Bootless, Blue Patch Cable

- 566-110-001 Unit Specification: 1.0 EA $ %

73 Provide Quiktron / Le Grande 3FT CAT 6 Bootless, Blue Patch Cable

- 566-110-003 Unit Specification: 1.0 EA $ %

74 Provide Quiktron / Le Grande 5FT CAT 6 Bootless, Blue Patch Cable

- 566-110-005 Unit Specification: 1.0 EA $ %

75 Provide Quiktron / Le Grande 7FT CAT 6 Bootless, Blue Patch Cable

- 566-110-007 Unit Specification: 1.0 EA $ %

76 Provide Quiktron / Le Grande 10FT CAT 6 Bootless, Blue Patch Cable - 566-110-010 Unit Specification: 1.0 EA $ % solicitations@ttuhsc.edu Page 18 of 41 DOC1643828-002

*3EM4G0L-18* *3EM4G0L-18*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*18*41***] Powered by ASC

77 Provide Quiktron / Le Grande 20FT CAT 6 Bootless, Blue Patch Cable - 566-110-020 Unit Specification: 1.0 EA $ %

78 Provide Quiktron / Le Grande 25FT CAT 6 Bootless, Blue Patch Cable - 566-110-025 Unit Specification: 1.0 EA $ %

Provide CAT5E : CMP-02524SUP-5ER-01 SUPERIOR C 51-499-48

24-25P UTP-CMP SOL BC CAT 5E POWER SUM FEP/FRPVC

WHITE BULK REELS 5000'

80 Install provided APC (Non-Specific model) UPS and batteries in provided rack - Unit Specification 1.0/EA $ %

81 Remove, Recycle/Dispose of a UPS Battery or Batteries on a rack installed UPS, (Max Batteries 4) Unit Specification: 1.0 $ %

Install provided APC (Non-Specific model) battery or batteries in a rack installed UPS. Recycle/Return/Dispose of the faulty Battery or Batteries - Unit Specification: 1.0

83 Provide Network Engineering Services - Unit Specification: 1.0 Per Hour $ %

84 Provide Network General Labor: Unit Specification: 1.0 Per Hour. $ %

85 Hourly Travel Rate ( > 100 miles - Round Trip - Per Job): Unit Specification: 1.0/Per Hour $ %

86 Abilene Travel Lodging in - Unit Specification: 1.0 Per Day $ %

87 Amarillo Travel Lodging in - Unit Specification: 1.0 Per Day $ %

88 Dallas Travel Lodging in- Unit Specification: 1.0 Per Day $ %

89 El Paso Travel Lodging in- Unit Specification: 1.0 Per Day $ %

90 Lubbock Travel Lodging in - Unit Specification: 1.0 Per Day $ %

91 Mansfield Travel Lodging in- Unit Specification: 1.0 Per Day $ %

92 Midland/Odessa Travel Lodging in - Unit Specification: 1.0 Per Day $ %

93 Austin Travel Lodging in - Unit Specification: 1.0 Per Day $ %

6.2 Pricing for Additional Products/Services Offered:

Provide minimum discount percentage pricing for potential product/service requirements (not included above). The discount shall remain firm for the life of the Agreement unless improved to the benefit of TTUHSC. Prices for any products or services ordered are to be based on the published price in effect at the time of order placement. Provide a current published price for products and services as an attachment to this section if available.

This discount structure will be applied to any products/services provided by Contractor that are not noted in Sections 6.1 above.

Minimum % Discount off Published Price Additional Products or Services solicitations@ttuhsc.edu Page 19 of 41 DOC1643828-002

*3EM4G0L-19* *3EM4G0L-19*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*19*41***] Powered by ASC

6.3 TTUHSC’s Payment Terms

TTUHSC’s standard payment terms are “Net 30 days.”

By: ___________________________

Name: _________________________

Title: __________________________

Date: _____________________ solicitations@ttuhsc.edu Page 20 of 41 DOC1643828-002

*3EM4G0L-20* *3EM4G0L-20*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*20*41***] Powered by ASC

SECTION 7

GENERAL TERMS AND CONDITIONS

The terms and conditions contained in (i) the attached Agreement (ref. APPENDIX A) or, in the sole discretion of TTUHSC, terms and conditions substantially similar to those contained in the Agreement and (ii) the Texas Tech University System Required Contract Terms set forth at http://www.texastech.edu/ogc/required-contract-terms.pdf (collectively, the “Required Terms”) will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any of the Required Terms, Proposer will submit a list of the exceptions as part of its proposal.

Proposer’s exceptions will be reviewed by TTUHSC and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then TTUHSC may consider Proposer’s exceptions when TTUHSC evaluates the Proposer’s proposal.

http://www.texastech.edu/ogc/required-contract-terms.pdf solicitations@ttuhsc.edu Page 21 of 41 DOC1643828-002

*3EM4G0L-21* *3EM4G0L-21*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*21*41***] Powered by ASC

APPENDIX A

AGREEMENT

“TTUHSC” shall mean Texas Tech University Health Sciences Center.

1. ACCEPTANCE OF PURCHASE ORDER: Acceptance of this Purchase Order is expressly limited to the terms and conditions herein contained on both sides hereof. None of the terms and conditions contained in this Purchase Order may be modified, superseded or otherwise altered except by a written instrument signed by an authorized representative of the TTUHSC and delivered by TTUHSC to Supplier, and each shipment received by TTUHSC from Supplier shall be deemed to be only upon the terms and conditions contained in this Purchase Order except as these may be added to, modified, superseded or otherwise altered by a written instrument signed by an authorized representative of TTUHSC and delivered by TTUHSC to Supplier, notwithstanding any terms and conditions that may be contained in any acknowledgement, invoice or other form of Supplier and notwithstanding TTUHSC’s act of accepting or paying for any shipment or similar act of TTUHSC. TTUHSC's failure to object to provisions contained in Supplier's documents shall not be deemed a waiver of the Purchase Order, the Terms and Conditions set forth herein and any exhibits (collectively also referred to as “Purchase Order”) which shall constitute the entire agreement between the parties.

2. DELIVERY; SUBSTITUTIONS; INVOICES; SALES TAX: Supplier will keep TTUHSC advised at all times of the status of delivery or performance under this Purchase Order. If delay is foreseen, Supplier will give prompt written notice to TTUHSC. Upon notice, TTUHSC may extend the delivery date in its sole discretion. Supplier will only tender for acceptance those goods and services that conform to the requirements of this Purchase Order. Substitutions, cancellations and price changes will require prior written consent of TTUHSC Purchasing Department. TTUHSC will not be bound by any oral statement or representation contrary to the written Specifications of this Purchase Order.

Default in promised delivery or failure to conform to the requirements of this Purchase Order authorizes TTUHSC to purchase goods or services elsewhere and charge to Supplier any excess cost of such repurchase. Supplier will show this Purchase Order number and complete ”ship to” information, including attention line, on all packages, shipments, and invoices. Invoices must include Supplier’s Texas Vendor Identification Number and be addressed and mailed to:

Texas Tech University Health Sciences Center Accounts Payable Department P.O. Box 5970 Lubbock, Texas 79408.

TTUHSC, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on the goods and services covered by this Purchase Order, in accordance with Section 151.309, Texas Tax Code, and Title 34 Texas Administrative Code (“TAC”) Section 3.322.

3. TITLE AND RISK OF LOSS: Title to and risk of loss to any goods to be delivered under this Purchase Order will not pass to TTUHSC until TTUHSC actually receives and takes possession of such goods at the point of delivery.

4. WARRANTIES: In addition to all warranties established by law, Supplier hereby represents, covenants, certifies, warrants and agrees that:

(a) Supplier will comply with all requirements of this Purchase Order.

(b) All goods and services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or adopted by TTUHSC (collectively “Specifications”), and will be new, merchantable, fit for the purpose intended, of best quality and workmanship, covered by manufacturer’s warranty, and free from all defects. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from a Nationally Recognized Testing Laboratory (NRTL).

TTUHSC will have the rights of inspection and approval and may reject and return goods or require reperformance of services at Supplier's expense if defective or not in compliance with TTUHSC's Specifications. Defects will not be deemed waived by TTUHSC's failure to notify Supplier upon receipt of goods or completion of services or by payment of invoice.

(c) No disclosure, description, or other communication of any sort will be made by Supplier to any third person of the fact of TTUHSC's purchase of goods or services under this Purchase Order, or of the details and characteristics of the goods or services, without TTUHSC's prior written consent. Anything furnished to Supplier by TTUHSC pursuant to this Purchase Order including samples, drawings, patterns, and materials will remain the property of TTUHSC, will be held at Supplier's risk, and will be returned to TTUHSC upon TTUHSC’s request, and no disclosure or reproduction thereof in any form will be made without TTUHSC's prior written consent.

(d) Supplier is familiar with and is in full compliance with its obligations, if any, under all applicable federal, state and local, laws, regulations, and ordinances (collectively, “Applicable Laws”).

(e) All goods delivered or services provided pursuant to this Purchase Order will conform to standards established solicitations@ttuhsc.edu Page 22 of 41 DOC1643828-002

*3EM4G0L-22* *3EM4G0L-22*

[***SL3627152 *21 *657518869397312897526837871251675736452607636933*22*41***] Powered by ASC for such goods and services by all Applicable Laws, including those standards promulgated by the federal Occupational Safety and Health Administration (OSHA) and the Texas Hazard Communication Act, Chapter 502, Texas Health and Safety Code (“Texas Hazard Communication Act”).

(f) Supplier is familiar with and in full compliance with the Texas Hazard Communication Act and will provide either (1) a Material Safety Data Sheet (“MSDS”) for each product Supplier, its employees, agents or subcontractors brings on TTUHSC’s premises, or (2) a statement of exemption if the product is not covered by the Texas Hazard Communication Act. For any chemicals purchased, mail Material Safety Data Sheet to:

Texas Tech University Health Sciences Center Safety Services, Stop 9020 3601 4th Street Lubbock, Texas 79430

Include an additional Material Safety Data Sheet with the shipment.

(g) Use or sale of any goods delivered under this Purchase Order, except (with respect to patents) goods produced to TTUHSC's detailed design, will not infringe any adverse valid patent, copyright, trademark or other intellectual property right.

(h) The price to be paid by TTUHSC will be that contained in Supplier's bid or proposal, which Supplier warrants to be no higher than Supplier's current prices on orders by others for goods or services of the kind covered by this Purchase Order for similar quantities to similar customers under similar conditions. In the event Supplier breaches its warranty, the prices will be reduced to Supplier's current prices on orders by others or, in the alternative, TTUHSC may cancel this Purchase Order without liability to Supplier.

(i) Supplier will make records of Supplier's costs, reimbursable expenses and payments pertaining to this Purchase Order available to TTUHSC or its authorized representative during business hours and retain those records for four (4) years after final payment or abandonment of the project, unless TTUHSC otherwise instructs Supplier in writing.

(j) If this Purchase Order requires Supplier’s presence on TTUHSC's premises or in TTUHSC’s facilities, Supplier will cause its employees, representatives, agents, and subcontractors to become aware of, fully informed about, and in full compliance with all applicable TTUHSC rules and policies, including but not limited to those relative to personal health, security, environmental quality, safety, fire prevention, noise, smoking, and access restrictions.

(k) Supplier has not given or offered to give, nor does Supplier intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Purchase Order.

(l) Supplier shall comply with applicable export control laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR) 15 CFR Parts 730 through 799, in the performance of this Purchase Order. In the absence of available license exemptions/exceptions, Supplier shall be responsible for obtaining the appropriate licenses or other authorizations, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance. Supplier shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions. Prior to disclosing or transferring to TTUHSC any hardware, technical data, software or product utilizing any such data which is subject to export controls under federal law, Supplier shall notify TTUHSC in writing of the nature and extent of the export control. TTUHSC shall have the right to decline any such technical data or product utilizing such data. In the event the Suplier sends such technical data or product that is subject to export control, without notice of the applicability of such export control, TTUHSC has the right to immediately terminate this Purchase Order.

(m) Supplier agrees that all writings or other materials produced by Supplier, its employees or agents relating to the work under this Purchase Order shall be deemed “works made for hire” as that term is defined in the U.S.

Copyright Act, that all rights thereto shall be owned by TTUHSC, and that Supplier shall not assert any claim thereto. In the event that works are not considered “works made for hire” as that term is defined in the U.S.

Copyright Act, the Supplier assigns any and all intellectual property rights, including but not limited to copyrights to any such works, and Supplier agrees to execute…