ESBD_369621_1722003236830_RFP 754-Asphalt Concrete Flatwork and Paving Services-2025.pdf

REQUEST FOR PROPOSAL

RFP #754-Asphalt, Concrete Flatwork, and Paving Services-2024

For the selection of a vendor to provide Asphalt, Concrete Flatwork, and Paving services to Texas State University (“Texas State” or “University”)

PROPOSAL MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS SOLICITATION

ON OR BEFORE:

SUBMITTAL DEADLINE: August 16, 2024 @ 2:30 p.m. CT MAIL, COURIER, or HAND DELIVER PROPOSAL TO:

Texas State University ATTN: Adam Gonzales

Office of Facilities Procurement 151-4 East Sessom Drive, Facilities Warehouse Bldg., Room 118A

San Marcos, TX 78666-4616

NOTES TO POTENTIAL RESPONDENTS:

Responses to this solicitation (Proposals) must be received at the location designated above and time stamped on or before the time and date specified in this solicitation in order to be considered.

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals only the names of Respondents will be made public. Prices, terms and other proposal details will only be divulged upon written request after the contract award, if one is made. All proposals submitted shall become the property of the State of Texas upon receipt.

Issued on: July 26, 2024

Show RFP Number, Opening Date and Time on Return Envelope

TABLE OF CONTENTS

Section 1 – General Information & Objective

1.1 Objective……………………..………………………………………………………………………………… 4

1.2 History of University………………………………………………………………………………………. 4

1.3 Mission Statement..………………………………………………………………………………………. 4

1.4 Public Information…………………………………………………………………………………………. 4

1.5 Term………………………………………………………………………………………………………………. 4

1.6 Group Purchasing Authority……………………………………………………………………………. 5

1.7 Clarifications and Interpretations……………………………………………………………………. 5

1.8 Type of Contract……………………………………………………………………………………………… 5

Section 2 – Notice to Respondents

2.1 Submittal Deadline………………………………………………………………………………………….. 5

2.2 Point-of-Contact…………………………………………………………………………………………….. 6

2.3 Pre-Proposal Conference……………………………………………………………………………….. 6

2.4 Historically Underutilized Businesses Submittal Requirements……………………… 6

2.5 University’s Reservation of Rights ………………………………………………………………….. 8

2.6 Acceptance of Evaluation Methodology ………………………………………………………… 8

2.7 No Reimbursement for Costs …………………………………………………………………………. 9

2.8 Eligible Respondents …………..…………………………………………………………………………. 9

2.9 Certain Proposals and Contracts Prohibited…………………………………………………… 9

2.10 Proposal Validity Period……..………………….………………………………………………………. 9

2.11 Submittal Modifications/Withdrawals….....…………………………………………………….. 9

2.12 Required Notices of Insurance Coverage……………………………………………………….. 9

2.13 Payment Terms……………………………… …………………………………………………………….. 11

2.14 Parking Permit Requirements………………………………………………………………………… 11

2.15 Nondiscrimination………………………………………………………..……………………………….. 11

2.16 Payment and Performance Bonds………………………………………………………………….. 11

2.17 Criminal Background Checks………………………………………………………………………….. 12

2.18 Interested Parties Disclosure………………………………………………………………………… 12

2.19 Contract Administration………………………………………………………………………………… 12

Section 3 – Requirements of Proposal

3.1 Selection Criteria and Evaluation of Proposals……………………………………………… 12

3.2 Negotiations and Clarifications……………………………………………………………………… 13

3.3 Best and Final Offers…………………………………………………………………………………….. 13

3.4 Award Based on Best Value………………………………………………………………………….. 13

3.5 Criteria One – Respondent’s Methodology, Quality of Goods/Services, & Ability 13

3.6 Criteria Two – Qualifications and References……………………………………………….. 13

3.7 Criteria Three – Pass/Fail Review ……………………………………………………………………… 14

3.8 Criteria Four-Cost ……………………………………………………………………………………………… 15

3.9 Qualifications Evaluation Criteria and Percentage Weighs………………………………. 15

Section 4 – Timeline of RFP Events…………………………………………………………………………………. 16

Section 5 – Submittal Checklist………………………………………………………………………………………. 16

Section 6 – Sample Contract…………………………………………………………………………………………… 17

Attachment A - Contractor/Vendor Evaluation Attachment B - Execution of Offer Attachment C - Scope of Work Attachment D - Pricing and Delivery Attachment H - HUB Subcontracting Plan (HSP)

Section 1 – General Information & Objective

1.1 Objective: Texas State University (“Texas State” or “University”) is soliciting competitive

Solicitations (“Request for Proposals” or “RFPs”) for the selection of a qualified and capable vendor(s) to provide Asphalt, Concrete Flatwork, and Paving services to the University. This Solicitation sets forth the terms, conditions, and requirements for Respondents to be considered for this project. The University expects to enter into one or more contract(s) with the selected individual(s) or firm(s) to provide the services as further defined in Section 5 of this RFP.

1.2 History of University: Texas State University is a public research university located in San Marcos Texas with a second campus in Round Rock, Texas. It serves over 38,000 students, offering over 200 bachelor’s, master’s, and doctoral degree programs. Texas State University is also classified as a Carnegie “R2: Doctoral Universities – High research activity” and an “emerging research university” by the State of Texas with over $100M a year in research expenditures. It is comprised of over 8M gross square feet in facilities and its campuses are located on over 600 acres with an additional 4,000 acres of agriculture, research, and recreational areas.

Founded in 1899 to prepare the best teachers in the state, Texas State University has a legacy of preparing students to make an impact in the world, including Lyndon B. Johnson, the only U.S.

president to graduate from a college in Texas.

Texas State University is deeply committed to the success of all students while pursuing Carnegie’s “R1: Doctoral Universities – very high research activity” classification. The university is developing a strategic plan to enhance its R&D and intellectual property portfolio, expand its Ph. D. programs, and increase opportunities for post-doctoral research while also developing strategies to further student success. The university welcomed its 10th president, Kelly R.

Damphousse, to the top post in July 2022. For current information on Texas State University, please visit our website at https://www.txstate.edu/about.html

1.3 Mission Statement: Texas State University is a doctoral-granting, student-centered institution dedicated to excellence and innovation in teaching, research, including creative expression, and service. The university strives to create new knowledge, to embrace a diversity of people and ideas, to foster cultural and economic development, and to prepare its graduates to participate fully and freely as citizens of Texas, the nation, and the world.

1.4 Public Information: All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the Solicitation is completed.

1.4.1 The University strictly complies with all statutes, court decisions, and opinions of the

Texas Attorney General with respect to disclosure of Proposal information.

1.5 Term: The term of any contract(s) resulting from this RFP shall be for one (1) year and the University shall have the option to renew this Contract for four (4) additional one (1) year terms providing both parties agree in writing. If the University and successful Respondent are unable to negotiate and sign a Contract, the University reserves the right to seek an alternative Respondent.

https://www.txstate.edu/about.html

1.6 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 Respondent under this RFP.

1.7 Clarifications and Interpretations: Any clarifications or interpretations of this Solicitation that materially affect or change its requirements will be issued formally by the University as a written addendum. It is the responsibility of all Respondents to check the status of formal addenda five

(5) days before the submission deadline and to obtain this information in a timely manner. All such addenda issued by the University before the proposals are due shall be acknowledged by Respondents and incorporated into its response to the Solicitation.

1.7.1 Respondents shall be required to consider only those clarifications and interpretations that the University issues by addenda five (5) or more days prior to the submittal deadline. Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the University and should not be relied on in preparing proposals.

1.7.2 Addenda, if required, will be issued by the University for this Solicitation via the

Electronic State Business Daily Website located at: http://www.txsmartbuy.com/sp

It is the responsibility of each Respondent to check this website for any addenda posted referencing the RFP number provided in this Solicitation.

1.8 Type of Contract: Any Contract resulting from this Solicitation will be in the form of the University’s Standard Contract, a sample copy of which is attached to this Solicitation. If the Respondent takes exception to any of the terms and conditions in the sample contract, they must address their concerns in the submittal response.

Texas State Board of Regents mandates that any contract resulting from this RFP be limited to $3,000,000.00 per the life of the contract agreement (Board of Regents Rules and Regulations, Chapter III, Section 1.19) Total expenditures shall not exceed this amount.

This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract and the University does not guarantee any minimum or maximum amounts or projects on awarded contracts.

Section 2 – Notice to Respondents

2.1 Submittal Deadline: The University will accept proposals submitted in response to this RFP until

2:30 p.m., Central Time on August 16, 2024.

Proposals shall be submitted via electronic submission, by the deadline mentioned above, to the TSU MarketPlace (Jaggaer) System.

2.1.1 Proposals will not be accepted after the stated official deadline.

2.1.2 The University will not acknowledge or receive any Proposals that are delivered by mail, courier, hand delivery, telephone, facsimile (fax), or electronic mail (email).

http://www.txsmartbuy.com/sp

2.1.3 Failure to deliver, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting contract award.

2.2 Point-of-Contact: The following individual is the University’s authorized Point-of-Contact for this

Solicitation. Respondents shall restrict all contact with other University staff and direct all questions regarding this Solicitation, including questions regarding terms and conditions, in writing to:

Buyer Name: Adam Gonzales Title: Senior Buyer Address: 151-4 E. Sessom Drive, Room 118A City, State, Zip Code: San Marcos, TX 78666 Phone Number: (512) 245-7982 Email Address: ag32@txstate.edu

2.2.1 Point-of-Contact must receive all questions and concerns not later than the date and times specified in Section 4, Timeline of RFP Events.

2.2.2 University must have a reasonable amount of time to respond to questions or concerns.

2.2.3 It is the University’s intent to respond to all appropriate questions and concerns however, University reserves the right to decline to respond to any question or concern.

2.3 Pre-Proposal Conference: A Non-Mandatory Pre-Proposal conference will be held at the date, time, and location specified in Section 4, Timeline of RFP Events.

2.4 Historically Underutilized Businesses (HUB) Submittal Requirements: All agencies of the State of

Texas are required to make a “good faith effort” to assist Historically Underutilized Businesses (each a “HUB”) in receiving their fair share of Contract or Subcontract 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 Contract resulting from this Solicitation, Respondent subcontracts any of the services, then Respondent must make a good faith effort to utilize HUBs certified by the Statewide Procurement Division of the Texas Comptroller of Public Accounts (SPD).

Proposals that fail to comply with the subcontracting requirements contained in this Section 2.4 will constitute a material failure to comply with advertised specifications and will be rejected by the University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any Contract resulting from this Solicitation. Respondent acknowledges that, if selected by the University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements resulting from this Solicitation. Furthermore, any subcontracting of the services by the successful Respondent(s) is subject to review by the University to ensure compliance with the HUB program requirements.

The statewide HUB Annual Utilization Goals are often referred to as “HUB Goals” and are based on expenditures by procurement categories for the state agencies and state universities. Up-to-date HUB goals for total statewide expenditures can be found at the following link:

https://comptroller.texas.gov/purchasing/vendor/hub/disparity/#goals

If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the response to this Solicitation. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal as noted above.

2.4.1 STATEMENT OF PROBABILITY: The University has determined that subcontracting opportunities ARE probable in connection with this procurement Solicitation.

Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Proposal. The Respondent shall develop and administer an HSP as a part of the Respondent's Proposals.

2.4.1.1 Each Respondent must complete and return the HSP in accordance with the terms and conditions of this Solicitation. Respondents that fail to do so will be considered non-responsive to this Solicitation in accordance with Section 2161.252, Government Code.

Please note that there are mandated subcontracting opportunity notifications that must be sent and documented, as specified on the HSP form, referenced below, prior to the scheduled response submittal deadline. All potential Respondents are urged to familiarize themselves with the HUB “good faith effort (GFE)” requirements for developing, documenting, and submitting an HSP with a response to this Solicitation.

2.4.2 The HSP shall consist of completed forms prescribed by the Statewide Procurement

Division of the Texas Comptroller of Public Accounts https://comptroller.texas.gov/purchasing/vendor/hub/ and shall include the following:

a.) Certification that Respondent has made a good faith effort to meet the requirements.

b.) Identification of the Subcontractors that will be used during the course of the contract.

c.) The expected percentage of work to be subcontracted; and d.) The approximate dollar value of that percentage of work.

2.4.2.1 A Respondent may not alter or modify their HSP after the Proposal submittal deadline has passed. The Respondent may be requested by the University to furnish supporting or additional documentation to demonstrate their “good faith effort” in the preparation of the HSP. Failure to furnish the requested information timely may cause a Proposal to be rejected for “non-responsiveness”.

https://comptroller.texas.gov/purchasing/vendor/hub/disparity/#goals https://comptroller.texas.gov/purchasing/vendor/hub/

2.4.2.2 Upon execution of the contract, the Successful Respondent(s) will not be permitted to change its HSP unless:

a.) a newly modified version of the HSP that sets forth all changes requested is completed by successful Respondent(s), b.) successful Respondent provides the University with such a modified version of the HSP, with supporting "Good Faith Effort" documentation, c.) University approves the modified HSP in writing, and d.) all Agreements or Contractual arrangements resulting from this

Solicitation are amended in writing by University and successful Respondent(s) to conform to the modified HSP.

2.4.3 Properly prepared and submitted HUB Subcontracting Plans and Proposals will not be returned to Respondents.

2.4.4 Respondents’ HSPs will be reviewed for completeness and compliance prior to evaluations of the Proposals. For disqualified HSPs, the Proposal will be returned to the submitting Respondent, upon written request, after the selection of, negotiation with, and award of the successful Respondent.

2.4.5 For information regarding the proper preparation of the HSP, or any aspect of the

University’s HUB Outreach Program, contact:

HUB Specialist 512-245-2521 (Phone) 512-245-2393 (Fax) hub@txstate.edu

2.5 University’s Reservation of Rights: The University reserves the right to accept or reject any or all

Proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Contract when deemed to be in the best interest of the University. University reserves the right to seek clarification from any Respondent concerning any item contained in its Proposal prior to final selection. Such clarification may be provided by telephone, conference or personal meeting with or writing to University, at University’s sole discretion. University makes no representations, written or oral, that it will enter into any form of agreement or contract for any project with any Respondent to this Solicitation, and no such representation is intended or should be construed by the issuance of this Solicitation. Representations made by Respondent in its Proposal will be binding on Respondent.

2.6 Acceptance of Evaluation Methodology: By submitting its Proposal in response to this

Solicitation, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm will require subjective judgments by the University.

The results of this most qualified determination will be combined with the Proposal evaluation results to determine the “best value” proposition for the University.

mailto:hub@txstate.edu

2.7 No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this Solicitation process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

2.8 Eligible Respondents: Only individual firms or lawfully formed business organizations may respond. The University will enter into a Contract only with an individual firm or formal organization that submits a Proposal.

2.9 Certain Proposals and Contracts Prohibited: Under Section 2155.004, Texas Government Code, a state agency may not accept a Proposal 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 Proposal or Contract is based. All Respondents must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Texas Government Code, the Respondent 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." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate any Contract resulting from this Solicitation without further obligation to the successful Respondent. This section does not create a cause of action to contest a Proposal or award of a state contract.

2.10 Proposal Validity Period: Each Proposal must state that it will remain valid for University’s acceptance for a minimum of ninety (90) days after the submittal deadline, to allow time for evaluation, selection, any required additional approvals, and any unforeseen delays.

2.11 Submittal Modifications/Withdrawals: Except as otherwise provided in this RFP, no Proposal may be changed, amended, or modified after it has been submitted to the University. However, a Proposal may be withdrawn and resubmitted at any time prior to the submittal deadline. No Proposal may be withdrawn after the submittal deadline without the University’s consent, which will be based on the Respondent’s submittal of a written explanation and documentation evidencing a reason acceptable to the University, in the University’s sole discretion.

2.12 Required Notices of Insurance Coverage: Successful Respondent, consistent with its status as an independent Successful Respondent will carry and will cause its subcontractors to carry, at least the following insurance in the form, with companies admitted to do business in the State of Texas and having an A.M. Best Rating of A-: VII or better, and in amounts (unless otherwise specified), as University may require:

2.12.1 Workers Compensation Insurance with statutory limits, and Employer’s Liability

Insurance with limits of not less than $1,000,000:

Employers Liability - Each Accident $1,000,000 Employers Liability - Each Employee $1,000,000 Employers Liability - Policy Limit $1,000,000

Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation and other rights in favor of University;

2.12.2 Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $1,000,000 Damage to Rented Premises $ 300,000 Medical Expenses (any one person) $ 10,000 Personal & Advertising Injury $1,000,000 General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000

Policy will include independent Successful Respondent’s liability, covering, but not limited to, the liability assumed under the indemnification provision of this contract, fully insuring Successful Respondent’s (or Subcontractor’s) liability for bodily injury (including death) and property damage.

Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage;

2.12.3 Successful Respondent will deliver to University:

Evidence satisfactory to the University in its sole discretion, evidencing the existence of all insurance after the execution and delivery of this Agreement and prior to the performance or continued performance of any services to be performed by Successful Respondent under this Agreement.

Additional evidence, satisfactory to the University in its sole discretion, of the continued existence of all insurance not less than thirty (30) days prior to the expiration of any insurance. Insurance policies, with the exception of Workers’ Compensation and Employer’s Liability, will be endorsed and name University as an Additional Insured. All policies will be endorsed to provide a waiver of subrogation in favor of the University.

All policies with the exception of Workers’ Compensation and Employer’s Liability will be endorsed to provide primary and non-contributory coverage. No policy will be canceled until after thirty (30) days' unconditional written notice to the University.

Successful Respondent will be responsible for providing to University immediate notice of its receipt of a notice of cancellation, termination, material change, or non-renewal relating to any insurance policy required herein. This requirement may be satisfied by providing a copy of the notice received by the Successful Respondent to the University within two business days or by endorsement of the policy to require notice to the University to be provided by the insurer.

2.12.4 The insurance policies required in this Agreement will be kept in force for the periods specified below:

Commercial General Liability Insurance, Business Automobile Liability Insurance; will be kept in force until receipt of Final Payment by the University to Successful Respondent;

and Workers' Compensation Insurance and Employer’s Liability Insurance will be kept in force until the Work has been fully performed and accepted by the University in writing.

2.13 Payment Terms: The University shall pay for work performed under any contract resulting from this Solicitation in accordance with Texas Government Code, Section 2251.021. The University’s standard terms of payment are Net 30 days; however, it will consider alternate payment terms if determined to be in the best interest of the University.

2.14 PARKING PERMIT REQUIREMENTS: There is no free parking on any Texas State University campus. The successful Respondent(s) will be required to purchase a parking pass for each vehicle that is parked on campus.

2.14.1 Non-construction related parking: May purchase red restricted permits that will allow a broader range of parking places. Perimeter parking permits may also be purchased.

However, perimeter-parking places are generally off-campus. There are two fee-based parking garages on campus located at 405 N. Edward Gary Street and one at 704 Gaillardia Street.

2.14.2 Construction related parking: Construction related vehicles may be able to park inside the fenced staging areas, even though that space is not intended for parking use, but area will be limited to one to four spaces and be set aside for the Job Superintendent and other essential personnel. The Job Superintendent will provide the authorization for utilizing this space. A dashboard permit will be provided to vehicles that are approved to park inside the staging fence at no charge. This permit must be displayed at all times when parking inside the staging fence. Vehicles parked outside the pre-arranged staging area may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

2.14.3 All other personnel must purchase perimeter permits and park in lot P/AZ 10W (Bobcat

Stadium West) and be transported to the work-site. Permits must be displayed in all vehicles to legally park on campus.

2.14.4 Vehicles illegally parked on campus or do not have a visible permit may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

2.14.5 For parking map, permit types and associated costs, please visit the following link:

http://www.parking.txstate.edu/

2.15 Nondiscrimination: In their execution of this agreement, all contractors, subcontractors, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement.

2.16 Payment and Performance Bonds: The successful Respondent may be required to secure payment and performance bonds at any time during the contract term. The need for bonds will http://www.parking.txstate.edu/ be determined by the University’s designee. The successful Respondent agrees to execute the Payment and Performance Bonds within ten (10) calendar days after notification. The bond(s) shall be in the amount specified by the University’s designated representative.

2.17 Criminal Background Checks: Successful Respondent shall be required to provide criminal background checks on employees that will be assigned to work on campus. A written declaration that employees are clear of any violations must be provided to Facilities Procurement and Contracting upon award.

2.18 Interested Parties Disclosure: In accordance with Section 2252.908 of the Texas Government

Code, all contractors awarded a contract that is equal to or in excess of $1,000,000.00 will be required to complete Texas Ethics Commission Form 1295. The information can be found at following link: https://www.ethics.state.tx.us/filinginfo/1295/

2.19 Contract Administration: The University will monitor the successful Respondent’s progress and performance and ensure services conform to the established specifications and requirements.

At the conclusion of each project or contract term, the University will complete a Contractor/Vendor Evaluation (see Attachment A). The evaluation is based on assessment of the output and outcome measures and compliance with the terms and conditions of the Contract. Contract monitoring and performance evaluations will be performed by the Contract Administrator or the Contract Manager.

Section 3 – Requirements of Proposal

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all requirements in Section 3. Incomplete responses will be considered non-responsive and will be subject to rejection.

3.1 Selection Criteria and Evaluation of Proposals: Evaluation of the Proposals shall be based on the requirements described in this Solicitation. All properly prepared and submitted Proposals shall be reviewed, evaluated, and ranked by the University. University, at its sole discretion, may make the selection on the basis of Proposals initially submitted, without discussion, clarification, or modification. In the alternative, University may choose to make a selection based on negotiations with any Respondents. Proposals shall be evaluated based on the weights assigned below to the criterion:

Proposed methodology of delivering goods or services, the extent to which the methodology meets the University’s needs, quality of goods and services proposed, and Respondents ability to provide the goods or services;

And

Respondent’s qualifications and references 60%

Cost of proposed goods or service 40%

Total 100% https://www.ethics.state.tx.us/filinginfo/1295/

3.2 Negotiations and Clarifications: At the University’s sole option and discretion, the University may discuss and negotiate all elements of the Proposals submitted by selected Respondents within a specified competitive range. University may establish, after initial review of the Proposals, a competitive range of acceptable or potentially acceptable composed of the highest rated Proposal(s). In that event, the University will defer further action on Proposals not included within the competitive range pending the selection of a Provider; provided, however, the University reserves the right to include additional Proposals in the competitive range if deemed to be in the best interests of the University. If additional information or clarifications are needed, the University shall provide a written request to the appropriate Respondent and shall require all responses to be made in writing.

3.3 Best and Final Offers: Before final selection is made, the University may permit Respondent(s) to revise its/their Proposal in order to obtain the Respondent’s “best and final offer” or BAFO.

In that event, representations made by Respondent in its revised Proposal, including price and fee quotes, will be binding on Respondent. University will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of its Proposal.

University is not obligated to select the Respondent offering the most attractive economic terms if that Respondent is not the most advantageous to the University overall, as determined by University.

3.4 Award Based on “Best Value”: The Respondent selected for award of any Contract resulting from this Solicitation will be the Respondent whose Proposal is judged most advantageous and the Best Value to the University. The University is not bound to accept the lowest priced Proposal, if that Proposal is not in the best interest of the University or not judged as “best value”, as determined solely by the University.

3.5 Criteria One - Respondent’s Methodology, Quality of Goods/Services, and Safety Program:

3.5.1 Describe your methodology for providing the requested goods or services and your service support philosophy.

3.5.2 Describe how you will measure the quality of service provided to the University for this

Project.

3.5.3 Describe your job safety programs for Projects and specific safety policies in which employees must be in compliance.

3.5.3.1 List all State and/or Federal violations cited within the last five (5) years.

3.6 Criteria Two – Qualifications and References:

3.6.1 Describe your unique qualifications as they pertain to this project.

3.6.2 Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

3.6.3 Identify and describe the proposed team’s past experience for providing services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. DO NOT list Texas State University or TSUS related projects. Provide the following information for each project listed (Maximum of 5 Projects):

3.6.3.1 Project name, location, and description of services performed.

3.6.4 References (for each project listed above, identify the following):

3.6.4.1 The firm’s name and representative who served as the day-to-day liaison during the project, including telephone number and/or email address;

3.6.4.2 Length of business relationship with the firm

The University may contact references during any part of this process. The University reserves the right to contact any other references at any time during the Solicitation process.

3.6.5 Provide résumés for all proposed personnel that will be assigned to this project to include the following:

3.6.5.1 Experience in the industry;

3.6.5.2 Background and education;

3.6.5.3 Certifications;

3.7 Criteria Three – Pass/Fail Review

Following or in conjunction with the evaluation of each proposal for responsiveness, the

University shall evaluate each proposal based upon the following pass/fail criteria. A Respondent must obtain a “pass” on all pass/fail items in order for the proposal to progress to the qualitative evaluation under Section 3.9.

3.7.1 Provide the following information on your firm for the past five (5) fiscal years:

3.7.1.1 Revenues

3.7.1.2 Annual revenue total and percent change per year

3.7.1.3 Total Bonding capacity; and available bonding capacity and current backlog.

3.7.2 Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, please explain the impact in both organization and company direction.

3.7.3 Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the University.

3.7.4 Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.7.5 Does any relationship exist by relative, business associate, capital-funding agreement, or any other such kinship between your firm and any University employee, officer or Regent? If so, please explain.

3.8 Criteria Four – Cost: Includes the cost of the Respondent’s goods or services and may include the total long-term cost to the University for acquiring the Respondent’s goods or services.

3.9 Qualifications Evaluation Criteria and Percentage Weighs:

3.9.1 Individual criteria will be evaluated per the following percentage weights (total 100 %) as outlined below:

Criteria Percentage Weight Methodology-goods and services 10%

Quality Service 5% Safety 5%

Unique Qualifications 3% Availability 25%

Past Experience 25% References 2%

Personnel (resumes) 25%

Section 4 – Timeline of RFP Events

Issuance of RFP July 26, 2024

Non-Mandatory Pre-Proposal Conference August 5, 2024 @9:30 a.m.

151-E Sessom Facilities Warehouse Training room

Deadline for Questions August 9, 2024 @5:00 p.m.

RFP Submittal Deadline August 16, 2024 @2:30 p.m.

(see 2.1 for submittal instructions)

Clarification of responses, negotiations, and/or demonstrations/presentations (if necessary) TBD

Request for “Best and Final Offer” (BAFO), if necessary TBD

Recommend of Award and approval to enter into Contract(s). TBD

Approximate Award/Contract Execution Date TBD

Work to begin TBD

NOTE: This schedule may be modified or changed at the sole discretion of the University, if it is determined to be in the University’s best interests to do so.

Section 5 – Submittal Check List Respondent is instructed to complete, sign, and return the following documents as a part of its Proposal. If Respondent fails to return each of the following items with its Proposal, the University may reject the Proposal.

Signed and completed originals of HUB Subcontracting Plan (Ref. Section 2.4 & Attachment H) Responses to Criteria One, Two, Three, and Four (ref. Section 3) Signed and completed Execution of Offer (ref. Attachment B) Responses to Scope of Work (ref. Attachment C) Acknowledgement of Addenda (ref. Attachment B) Response to Pricing and Delivery Schedule (ref. Attachment D)

Section 6 – Sample Contract

SERVICES AGREEMENT BETWEEN

TEXAS STATE UNIVERSITY

AND

Name Secondary Party (Contractor)

This Agreement (“Agreement”) is made and entered into by and between Texas State University (“University”) and Name secondary party (“Contractor”) to provide Description of Services for the University. University and Contractor agree as follows:

1. SCOPE OF WORK

A. The Scope of Work (“Work”) and the time for performance thereof, is set forth in Exhibit A, attached to and made a part of this Agreement for all purposes.

B. Upon execution of this Agreement, all services previously performed by Contractor on behalf of the University and included in the description of the Work, shall become part of the Work subject to the terms and conditions of this agreement.

C. The Scope of Work may be amended by mutual written agreement by both parties.

2. TIME FOR COMMENCEMENT AND COMPLETION

A. Time is of the essence in this Agreement and Contractor shall complete all authorized Work in accordance with the time for performance described for the Work, consistent with the usual and customary professional customs, standards and practices of Contractor’s business or profession.

B. This Agreement shall commence on Start Date and shall terminate on End Date unless terminated in accordance with Section 4, below. The University shall have the option to renew the contract for Contract Renewal Term additional one (1) year terms(s). Texas State Board of Regents mandates that certain Indefinite Delivery, Indefinite Quantity (IDIQ) agreements be limited to $3,000,000.00 per the life of the contract agreement (Board of Regents Rules and Regulations, Chapter III, Section 1.19). Total expenditures shall not exceed this amount. As an IDIQ agreement, the University does not guarantee any minimum or maximum amounts or projects on awarded contracts. The term of the Agreement may be amended by mutual written agreement by both parties.

3. PAYMENT TERMS

A. University will pay for Work performed under this Agreement in accordance with Texas

Government Code, section 2251.021.

B. For the satisfactory performance of the Work, the University shall pay Contractor an amount not to exceed and in a manner that is described in Exhibit B, attached to and made a part of this Agreement for all purposes.

C. The amount due to Contractor will be paid upon receipt of an invoice that details the date of service, describes the Work performed, and provides supporting documentation for reimbursable expenses relating to the Work. The Contractor shall submit all signed invoices to University at the address specified in Exhibit A, Section XX, below.

D. No work shall commence until such time as a valid signed purchase order is received. Invoices that are submitted without a purchase order number and issued before the commencement of work will be subject to loss of payment.

E. The purchase order number must be on the invoice(s) or the invoice(s) will be returned to your company for revision, which will delay payment.

F. University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on the Work in accordance with Section 151.309, Texas Tax Code, and Title 34 Texas Administrative Code ("TAC") Section 3.322.

G. Within ten (10) calendar days after termination of this Agreement, Contractor will submit any outstanding invoice(s) ("Final Invoice(s)") to the University, which will set forth all amounts due and remaining unpaid to Contractor and upon approval of the Final Invoice(s) by University, University will pay to Contractor the amount due.

H. Notwithstanding any provision to the contrary, University will not be obligated to make any payment to Contractor if any one or more of the following conditions exist:

i. Contractor is in breach or default under this Agreement; or

ii. Any part of the payment is attributable to Work, which is not performed in accordance with this Agreement provided; however, payment will be made as to the part attributable to Work, which is performed in accordance with this Agreement.

I. No partial payment made will be or construed to be final acceptance or approval of that part of the Work to which the partial payment relates or relieve Contractor of any of its obligations under this Agreement.

J. The acceptance of Final Payment(s) constitutes a waiver of all claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of the Final Invoice(s).

Except for the obligation of University to pay Contractor certain amounts pursuant to the terms of this Agreement, University will have no other liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

Notwithstanding any obligation or liability of University to Contractor, no present or future agent, officer, director, employee, or regent of University or of the institutions comprising The Texas State University System (“TSUS”), or anyone claiming under University, has or will have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

K. (OPTIONAL for out of Region contracts)The University will pay for authorized travel related expenses in accordance with State of Texas Travel Guidelines for state employees authorized in writing and in advance.

4. DEFAULT AND TERMINATION

A. Termination for Default: If a party substantially fails to perform in accordance with the terms of this Agreement, the other party may terminate this Agreement upon thirty (30) days written notice of termination setting forth the nature of the material failure; provided that the material failure is through no fault of the terminating party. The termination shall not be effective if the material failure is fully cured prior to the end of the thirty (30) day period.

B. Termination for Convenience: University may terminate, without cause, this Agreement at any time upon giving XXXX (XX) days advance notice to Contractor. Upon termination pursuant to this paragraph, Contractor will be entitled to payment of an amount that will compensate Contractor for services satisfactorily performed from the time of the last payment date to the termination date in accordance with this agreement, provided that Contractor has delivered to University all Work Material. Notwithstanding any provision in this Agreement to the contrary, University will not be required to pay or reimburse Contractor for any services performed or for expenses incurred by Contractor after the date of the termination notice, that could have been avoided or mitigated by Contractor.

C. The University may terminate this Agreement immediately with no further notice if Contractor:

(a) petitions for reorganization under the Bankruptcy Code or is adjudged bankrupt; (b) becomes insolvent; or (c) makes a general assignment or sale of Contractor’s assets or business for the benefit of creditors.

D. Termination under Sections A, B or C will not relieve Contractor from liability for any default or breach under this agreement or any other act or omission of Contractor.

5. ALTERNATIVE DISPUTE RESOLUTION

The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by the Contractor:

A. A Contractor’s claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Government Code. To initiate the process:

1. Contractor shall submit written notice, as required by subchapter B, to the University’s representative named in section XX.

2. This notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked.

3. A copy of the notice shall also be given to all other representatives of University and

Contractor otherwise entitled to notice under the parties’ contract.

4. Compliance by Contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Texas Government Code.

B. The contested case process provided in Chapter 2260, subchapter C, of the Texas Government Code is Contractor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by University if the parties are unable to resolve their disputes under subparagraph (A) of this section.

C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Agreement by University nor any other conduct of any representative of University relating to this Agreement shall be considered a waiver of sovereign immunity to suit.

D. The submission, processing and resolution of Contractor’s claim is governed by the published rules adopted by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

E. The occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in neither whole or in part.

F. The designated individual responsible on behalf of University for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of the Texas Government Code shall be University’s representative named in section 17, paragraph H.

6. LOSS OF FUNDING

Performance by University under the Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the "Legislature") and/or allocation of funds by the Board of Regents of the Texas State University System (the "Board"). If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then University will issue written notice to Contractor and University may terminate the Agreement without further duty or obligation hereunder. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the University’s control.

7. LIMITATIONS

The Parties are aware that there are constitutional and statutory limitations on the authority of University (a State agency) to enter into certain terms and conditions of the Agreement, including, but not limited to:

• those terms and conditions relating to liens on University’s property;

• disclaimers and limitations of warranties;

• disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes;

• limitations of periods to bring legal action; granting control of litigation or settlement to another party;

• liability for acts or omissions of third parties;

• payment of attorneys’ fees; dispute resolution; indemnities; and,

• confidentiality (collectively, the “Limitations”).

Terms and conditions related to the Limitations will not be binding on University except to the extent authorized by the laws and Constitution of the State of Texas.

8. AGREEMENT CONTROLLING

These Terms and Conditions shall take precedence over any Terms and Conditions contained in any proposal or like document.

9. ENTIRE AGREEMENT

The Agreement (including all exhibits, schedules, supplements and other attachments) supersedes all prior Agreements, written or oral, between Contractor and University for Work as set forth in Exhibit A and will constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions will be binding upon the parties and may not be waived, modified, amended or altered except in writing signed by the University and Contractor.

10. INDEMNIFICATION - CONTRACTOR WILL AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, AND HOLD HARMLESS UNIVERSITY, THE

SYSTEM AND THEIR REGENTS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, EXPENSES, AND OTHER CLAIMS OF ANY NATURE, KIND, OR

DESCRIPTION, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED IN INVESTIGATING,

DEFENDING OR SETTLING ANY OF THE FOREGOING (COLLECTIVELY "CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM…