ESBD_376396_1726237328103_RFP Diploma Printing 25-005 final.pdf

REQUEST FOR PROPOSAL

RFP# 759-25-005

Diploma Printing

Posting Date

Friday, September 13, 2024

Proposal Due Date

Friday, October 4, 2024 @ 3:00 P.M. CT

Deliver Bid Response to:

University of Houston-Clear Lake Procurement Department, Attn: Debbie Carpenter 2700 Bay Area Blvd. – North Office Annex II (NOA II)

Houston, Texas 77058

DO NOT FORGET TO INCLUDE ELECTRONIC VERSION OF BID SUBMISSION

TABLE OF CONTENTS

INTRODUCTION

AWARD PROCESS

GENERAL INFORMATION AND REQUIREMENTS

SPECIFIC REQUIREMENTS OF REQUEST FOR PROPOSAL

GENERAL TERMS AND CONDITIONS

DESCRIPTION OF SERVICES – GENERAL REQUIREMENTS – SCOPE OF WORK

INSURANCE REQUIREMENTS

GENERAL INFORMATION QUESTIONNAIRE

EVALUATION CRITERIA PROCESS

EXHIBITS

EXHIBIT A – EXECUTION OF OFFER

EXHIBIT B – STANDARD PURCHASING AGREEMENT

EXHIBIT C – HUB SUBCONTRACTING PLAN

EXHIBIT D – PRICE LIST

SECTION I

INTRODUCTION

1.1 GENERAL:

Nestled on a 524-acre wildlife and nature preserve, University of Houston-Clear Lake (“University” or “UHCL”) has become a cornerstone of higher education along the upper Gulf Coast of Texas. Located midway between Houston and Galveston, Texas, adjacent to NASA’s Johnson Space Center and the Armand Bayou Nature Center, the University serves a diverse student population from the state, the nation and abroad. In 2007, the Texas Higher Education Coordinating Board approved creation of UHCL Pearland Campus. The new campus was developed as a partnership between UHCL and City of Pearland. Classes began at Pearland Campus in fall 2010. In fall 2014, UHCL welcomed its first freshmen and sophomores.

Since opening its doors in 1974, the University of Houston-Clear Lake (“University” or “UHCL”) has awarded more than 53,000 degrees. More than 2,000 students graduate each academic year. The University is an upper-level and graduate university that serves approximately 8,500 students. The University offers students over 80 undergraduate and graduate degree programs in four colleges including Business, Education, Human Sciences & Humanities, and Science & Engineering. Academic programs are offered on campus, at remote sites and via distance education technology.

Click here for link to Maps & Directions.

The University of Houston-Clear Lake (UHCL) Office of the Registrar, located at 2700 Bay Area Blvd., Houston, TX 77058 is requesting bids for the printing of diplomas and certificates on an as-needed basis in accordance with the terms, conditions, and requirements expressed herein.

Respondents are encouraged to propose contractual arrangements offering the maximum benefit to the University in terms of (1) services to the University, (2) total overall cost to the University, and (3) project management expertise. Proposers should describe all educational, state, and local government https://www.uhcl.edu/maps/ discounts, as well as any other applicable discounts that may be available to the University in a contract for Services.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO

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

1.2 SUBMITTAL DEADLINE:

University will accept proposals until Friday, October 4, 2024 @ 3:00 P.M. CT. DO NOT USE U. S. Postal Service in submitting your bid.

Submit one (1) original “signed” hard bound proposal in a 3-ring binder plus one (1) electronic copy on a memory drive (USB) of the proposal and all attachments supporting the proposal referenced with, “RFP759-20-XXX RFP Name”, also labeled on the outside of the package, which must be submitted and received in the University’s Procurement Department on or before the time and date specified and delivered to:

UHCL Procurement Department

Attn: Debbie Carpenter 2700 Bay Area Blvd. – NOA II

Houston, Texas 77058

NOTE: ALL ELECTRONIC DOCUMENTS MUST BE SUBMITTED IN PDF FORMAT & ATTACHED TO BID RESPONSE.

The materials submitted must be enclosed in a sealed envelope (box or container); the package must show clearly the submittal deadline with the RFP name and number listed outside of the package; and the name and the return address of the Respondent must be clearly visible.

1.3 PRE-PROPOSAL MEETING:

There will not be a pre-proposal meeting for this RFP.

1.4 UNIVERSITY POINT OF CONTACT:

Any questions or concerns regarding this RFP shall be directed to Debbie Carpenter at UHCLProcurement@uhcl.edu .University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

1.5 INQUIRIES AND INTERPRETATIONS:

Inquiries must be submitted via e-mail with the subject line listed as “RFP759-25-005 Diploma Printing” and received no later than close of business Friday, October 4, 2024 @ 3:00 P.M. CT.

UHCL Procurement Department Debbie Carpenter UHCLProcurement@uhcl.edu

Responses to inquiries, which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and posted to the Electronic State Business Daily http://www.txsmartbuy.com/sp or facsimiled to proposer’s requesting such. All such addenda issued by the University prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in his proposal.

Only those inquiries the University replies to which are made by formally written addenda shall be binding.

Oral and other interpretations or clarification will be without legal effect. The Respondent must acknowledge all addenda by either signing or returning such document(s) or by letter. Such acknowledgment must be received prior to the hour and date specified for receipt of proposals, or shall accompany the proposal.

mailto:UHCLProcurement@uhcl.edu http://www.txsmartbuy.com/sp

1.6 PUBLIC INFORMATION:

All information, documentation, and other materials submitted in response to this solicitation are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed and upon successful contract award.

If a proposal includes proprietary data, trade secrets or information the respondent wishes to except from public disclosure, then respondent must specifically label such data, secrets or information as follows:

“PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION.” To the extent permitted by law, information labeled as such will be used by University only for purposes related to or arising out of: (1) evaluation of proposals; (2) selection of a Respondent pursuant to the RFP process; and, (3) negotiation and execution of a contract with the selected Respondent

1.7 TERM OF CONTRACT:

Any contract resulting from this RFP will become effective upon the later of the effective date indicated in the contract or the date that all parties have signed the contract. The expected term of the contract will be three (3) years with the option to renew two (2) additional one year terms, for a maximum of five

(5) years. The University reserves the right to negotiate modification of contract terms and schedules as necessary.

1.8 CANCELLATION:

The University has the right to cancel for default all or part of the undelivered portions of this Contract if the Contractor breaches any of the terms including warranties of Contractor or if the Contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which the University may have in law or equity.

1.9 TERMINATION:

The performance of work under this Contact may be terminated by the University in accordance with this provision. Termination of work shall be effected by the delivery to the Contractor of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Under no circumstances will the Contractor be entitled to payment for anticipated profits, unabsorbed overhead, or interest on borrowing by reason of such termination.

The University may terminate the Contract, without penalty, without cause by giving thirty (30) days’ written notice of such termination to the Contractor.

SECTION II

AWARD PROCESS

2.1 BASIS OF AWARD:

A contract may be issued based on the proposal(s) considered the most advantageous to the University.

Factors to be considered in determining an award are described in Section IX below, Evaluation Criteria Process. University reserves the right to make a split award, multiple awards, or no award at all.

2.2 CONTRACT AWARD PROCESS:

An award for the services specified herein will be made following a procedure using competitive sealed proposals.

A. Proposals will be opened publicly to identify the names of the Respondents, 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 Respondents or, at the University’s sole option and discretion, the University may discuss or negotiate all elements of the proposal with selected Respondents who 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).

B. After the submission of a proposal but before making an award, the University may permit the Respondent to revise the proposal in order to obtain the best final offer. The University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. The University will provide each Respondent with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending an award, but the University reserves the right to include additional proposals in the competitive range if deemed in the best interest of the University.

C. University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of the University and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of the University and to temporarily or permanently abandon the procurement. If the University awards a contract, it will award the contract to the Respondent, whose proposal is the most advantageous to the University, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.

2.3 OTHER FACTORS FOR SELECTION:

The Respondent selected for an award will be the Respondent whose proposal, as presented in the response to this RFP, is the most advantageous. The System is not bound to accept the lowest priced proposal if that proposal is not in the best interest of the System as determined by the System. The System personnel will evaluate proposals. In addition to the Evaluation Criteria identified in Section IX below, the selection of the successful respondent for this award, will be based on the other factors listed below:

1. Compliance with specifications.

2. Ability to offer a comprehensive set of core services and benefits.

3. Competitive rates.

4. Online access to relevant databases.

5. Compliance with applicable state and federal laws and regulations.

6. Financial position of Respondent.

7. Stability of rates and fees over time.

8. Ability to provide the University with requested reports, including but not limited to, service utilization reports.

9. Ability of the University to customize its screening program options in a way that will best meet the needs of the University, i.e., a la carte services.

10. Ability to perform services in a timely and efficient manner.

11. Responsiveness from customer support personnel

12. Adhering to Texas Government Code, Sec.2156.007 requirements.

Consideration may also be given to any additional information and comments if they should increase the benefits to the University. Upon completion of the initial review and evaluation of the proposals submitted, selected Respondents may be invited to participate in oral presentations.

2.4 RESPONDENT'S ACCEPTANCE OF EVALUATION METHODOLOGY:

Submission of a proposal indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that the University must make some subjective judgments during the evaluation process.

2.5 COMMITMENT:

Respondent understands and agrees that this RFP is issued on the anticipated need for requested services/products and that the University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent, which arises from Respondent’s performance hereunder, shall be at the sole risk and responsibility of Respondent.

2.6 KEY EVENTS SCHEDULE:

Posting of RFP for public bidding (ESBD) Friday, September 13, 2024 Pre-Proposal Meeting N/A Inquiries and Interpretations Deadline Wednesday, September 18, 2024 @ 2:30 PM CT Q and A addendum posting to ESBD Friday, September 20, 2024 Proposal Submittal Deadline Friday, October 4, 2024 @ 3:00 PM CT Respondent short list identified TBD Anticipated Award TBD Anticipated Start Date TBD

SECTION III

GENERAL INFORMATION AND REQUIREMENTS

3.1 GENERAL INSTRUCTIONS:

Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the University.

University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated.

Respondents submit proposals at their own risk and expense. 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 the University, at its option.

Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the University's needs.

University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the University's best interest. Representations made within the proposal will be binding on responding firms. The University will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP. Firms wishing to submit a “No-Response” are requested to return the first page of the Execution of Offer (ref. Section VI). The returned form should indicate your company's name and include the words “No-Response” in the right-hand column. Failure to comply with the requirements contained in this RFP may result in the rejection of your proposal.

3.2 HISTORICALLY UNDERUTILIZED BUSINESS:

In accordance with the State of Texas policy of encouraging the use of Historically Underutilized Businesses (“HUBs”) in state procurement, the University shall make a good faith effort to utilize HUBs in contracts for construction, goods and services. University strives to achieve HUB program goals by contracting directly with HUBs or indirectly through HUB subcontracting opportunities. If the University determines that subcontracting is probable under the contract, a HUB Subcontracting Plan (“HSP”) must be completed by the Respondent and submitted with the Proposal in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter B.

Historically Underutilized Business Participation: The Respondent will provide monthly Progress Assessment Reports to the University during the life of the contract to verify compliance with the HSP in the manner indicated by the University.

Progressive Assessment Reports (PARS) The Respondent shall maintain business records documenting compliance with the HUB Subcontracting Plan (HSP) and shall submit a monthly Progress Assessment Report (PAR) via the University of Houston’s Contracts Compliance System, https://uh.gob2g.com/ The PAR submission shall be required as a condition for payment.

The Respondent shall report to the university the identity and amount paid to each HUB and non-HUB subcontractor to whom the Respondent has awarded a subcontract for labor, supplies, materials and equipment. The subcontractors listed in the PARs should be the same vendors identified in the HSP during the life of the contract. Complete the PARs Designee Form and submit with the HUB Subcontracting Plan.

3.3 ALTERNATE PROPOSAL:

University may consider alternate proposals submitted by qualified responsive firms in determining an award. Respondents submitting alternate proposals shall clearly identify any exceptions taken to the requirements listed herein, and include a detailed description of the alternate(s) proposed.

Respondent(s) may suggest additions to the requirements with respect to the scope of work or services performed. All such suggestions shall be clearly defined. Alternate proposals shall be submitted as an attachment to your base proposal (RFP) package.

3.4 WITHDRAWAL OR MODIFICATION:

No proposal may be changed, amended, or modified after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by the University, which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.

3.5 VALIDITY PERIOD:

Proposals are to be valid for the University's acceptance for a minimum of 120 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract. At the end of the initial one-hundred-twenty (120) day validity period, proposals will automatically roll over for an additional one-hundred-twenty (120) day period unless otherwise specified in writing by Respondent.

3.6 TERMS AND CONDITIONS:

The General Terms and Conditions (ref. Section IV) shall govern any contract issued as a result of this solicitation (RFP).

All Respondents must comply with the requirements listed in Section III Proposal Requirements, Section V Description of Services, and Section IV Execution of Offer herein. In the event there is a conflict expressed in this document, the provision-requiring Respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

1. Description of Services

2. General Terms and Conditions

3. Execution of Offer

By signing the Execution of Offer (EXHIBIT A) and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on the University.

SECTION IV

SPECIFIC REQUIREMENTS OF REQUEST FOR PROPOSAL

4.1 FAILURE TO COMPLY WITH REQUIREMENTS: If Respondent fails to comply with any requirements contained in this RFP, Respondent’s Proposal will be considered non-responsive and will be rejected.

Below are the specific requirements of the RFP.

4.2 SUBMISSION, CONTENT, AND FORMAT OF PROPOSALS:

4.2.1 University will not accept Proposals received after the Proposal Deadline. University will not accept proposals that do not conform to the requirements of this RFP regarding the required format and size.

Likewise, failure to address all aspects of the Project or the requirements of this RFP in a complete and meaningful way will subject a Proposal to rejection. Proposals that are qualified with conditional clauses, alterations, items not called for in this RFP, or irregularities of any kind are subject to rejection.

Unnecessary or extraneous attachments shall NOT be included with Proposals and will not be reviewed, utilized or considered by University.

4.2.2 Each Proposal must be submitted as one (1) original “signed” hard bound proposal in a 3-ring binder and one (1) electronic copy in a memory drive (USB) of the proposal and all attachments supporting the proposal. University prefers simple and economically produced proposals describing Respondent’s ability to meet the requirements of this RFP in a straightforward, concise manner. In evaluating Proposals, emphasis shall be on the quality, completeness, clarity of content, responsiveness to requirements, and understanding and anticipation of University’s needs.

4.2.3 The required hard-copy counterparts of Proposal must be printed on letter-size (8-1/2” x 11”) paper assembled with metal ring bindings. Each section must be separated with a divider sheet for quick reference. University’s published manuals may be submitted in their entirety as an attachment or incorporated by reference.

4.3 EXECUTION OF OFFER: Each Proposal must include the complete, fully executed and acknowledged Execution of Offer in form and substance identical to the form attached hereto as EXHIBIT A.

4.4 HUB SUBCONTRACTING PLAN: Based on an analysis performed by the University’s Procurement Department, subcontracting was determined to be probable for this contract. Therefore, a HSP will be required to be submitted with the Proposal. EXHIBIT C contains the HSP form and instructions. Additional information about the HSP can be found on the CPA website, http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/. Possible subcontracting opportunities may include but not limited to scope of services identified in the Project. If you have any questions related to completing the HSP, contact Debbie Carpenter, Executive Director, Procurement & Payables via email at UHCLProcurement@uhcl.edu.

Failure to include a completed and signed HUB Subcontracting Plan with the proposal if the proposal is over $100,000 will automatically disqualify the proposal.

4.5 GENERAL INFORMATION QUESTIONNAIRE: The General Information Questionnaire (see section VIII) must be completed and submitted with the proposal.

4.6 ADDITIONAL REQUIREMENTS:

Additional requirements, if any, specified in the RFP are listed below:

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

SECTION V

GENERAL TERMS AND CONDITIONS

5.1 GENERAL:

These General Terms and Conditions are an example of what may be a part of any contract which may be awarded resulting from this RFP. Irrespective of those contained in this RFP, the University reserves the right to require additional or modified contract terms and conditions with the successful entity that are in the University’s best interest.

5.2 DEFINITIONS:

Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:

Contract Documents shall mean the documents that form the Contract between the University and the Contractor. The Contract Documents consist of the Agreement or Purchase Order. The Standard Purchasing Agreement (EXHIBIT B) is the University’s preferred form of Agreement. BY SUBMITTING A PROPOSAL, RESPONDENT IS EXPRESSLY CONSENTING TO THE TERMS, CONDITIONS, AND PROVISIONS OF THE CONTRACT FORM. Any change or addendum to the Standard Purchasing Agreement or use of another contract form must be reviewed and approved by UH System Legal Counsel and will delay the contracting process. Also, use of another contract form may lead to rejection of the bid, if such form is not used as an exhibit/corollary document to the Standard Purchasing Agreement.

Conditions of the Contract (this Section 5 - General Terms and Conditions, and any Additional or Special Conditions issued for this RFP), Specifications, Pricing and Delivery Schedule, Execution of Offer, Respondent's Questionnaire, and all Addenda and Amendments issued prior to and after the execution of the Contract.

University shall mean the University of Houston-Clear Lake and its component campuses.

Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Contractor shall mean the individual, partnership, corporation, or other entity awarded a Contract for requested services under this RFP, in accordance with the terms, conditions, and requirements herein.

Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.

5.3 ENTIRE AGREEMENT:

The Contract Documents are intended as the complete and exclusive statement of the agreement between the University and the Contractor and supersede all prior or contemporaneous agreements, negotiations, the course of prior dealings, or oral representations relating to the subject matter hereof.

The terms and conditions of any purchase order, agreements, amendments, modifications, or other documents submitted by either party which conflict with, or in any way purport to amend or add to any of the terms and conditions of the Contract are specifically objected to by the other party and shall be of no force or effect, nor shall govern in any way the subject matter hereof, unless set forth in writing and signed by both parties.

5.4 TIME OF PERFORMANCE:

Time is of the essence in the rendering of services hereunder. Contractor agrees to perform all obligations and render services set forth per this Contract in accordance with the schedules herein and as mutually agreed upon between the University and Contractor during the term of this Contract.

5.5 DEFAULT:

In the event that the Contractor fails to carry out or comply with any of the terms and conditions of the Contract with the University, the University may notify the Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the

Contractor fails to remedy such failure or default within the ten (10) day period, the University shall have the right to cancel the Contract.

Without limiting the foregoing, the following shall constitute a material breach by the Contractor, upon the occurrence of which the Contractor shall immediately notify the University; the Contractor ceases its business operation, makes a general assignment for the benefit of creditors, is adjudged bankrupt, becomes insolvent, buyout or merger, or non-compliance with governmental requirements.

The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the Contract and such cancellation by the University shall not limit any other right or remedy available to the University at law or in equity.

5.6 FINANCIAL REPORTS AND PAYMENT:

A. All invoices should be submitted to the University no more than 30 calendar days after the delivery of goods or completion of services that are being invoiced.

B. University will remit payments based on valid and correct invoices no later than 30 calendar days after the later of the goods receipt date, service completion date, and invoice receipt date. Invoices must include a description of goods or services provided and an itemization of fees and/or expenses requested in a format mutually agreed upon by the Contractor and the Contract Coordinator.

C. University shall have the right to verify the details set forth in Contractor's invoices, either before or after payment of invoices.

5.7 CONTRACT AMENDMENTS:

The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the Contract must be forwarded to the University’s Procurement Department for prior review and approval.

5.8 INDEPENDENT CONTRACTOR STATUS:

Contractor recognizes that it is engaged as an independent contractor and acknowledges that the University will have no responsibility to provide transportation, insurance, taxes or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of the University by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of the University, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law.

5.9 GENERAL RULES AND PROCEDURES FOR PURCHASING:

Respondent shall comply with Texas Government Code Section 2155.004 provision regarding conflicts of interest, the prohibition on certain bids and contracts, and anti-trust laws.

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

Under Section 2155.004, 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.

5.10 UNIVERSITY’S RIGHT TO AUDIT:

At any time during the term of this Contract and for a period of four (4) years thereafter the University or a duly authorized audit representative of the University, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the University reveals any errors/overpayments by the University, Contractor shall refund the University the full amount of such overpayments within thirty (30) days of such audit findings, or the University, at its option, reserves the right to deduct such amounts owing the University from any payments due to the Contractor.

5.11 ACCESS TO DOCUMENTS:

To the extent applicable to this procurement, Contractor agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, and their duly authorized representatives.

5.12 TITLE AND RISK OF LOSS:

For goods to be provided by Contractor hereunder, if any, the title and risk of loss of the goods shall not pass to the University.

5.13 ACCEPTANCE OF PRODUCTS AND SERVICES:

All products furnished and all services performed under this Contract shall be to the satisfaction of the University and in accordance with the specifications, terms, and conditions of the Contract. The University reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services.

5.14 SALES AND USE TAX:

Section 151.311, Tax Code permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities such as UH System and its components.

5.15 INDEMNIFICATION:

Contractor agrees to hold UH System, the University, its regents, officers, agents and employees harmless and free from any loss, damage, or expense arising out of any occurrence relating to this Contract or its performance and will indemnify UH System and the University, its regents, officers, agents, employees, and students and assigns against any damage or claim of any type arising from the acts or omission (including negligence) of the Contractor, its agents, employees, subcontractors, and/or assigns.

A. CONTRACTOR SHALL PROTECT AND INDEMNIFY THE UNIVERSITY FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS AND LOSS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF

ANY UNITED STATES PATENT, OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE SERVICES PERFORMED OR GOODS PROVIDED HEREUNDER OR THE USE BY CONTRACTOR, OR BY THE UNIVERSITY AT THE

DIRECTION OF CONTRACTOR, OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING

AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, THE UNIVERSITY SHALL PROMPTLY NOTIFY CONTRACTOR AND CONTRACTOR SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT. CONTRACTOR DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF THE UNIVERSITY'S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, THE UNIVERSITY

AGREES TO COOPERATE REASONABLY WITH CONTRACTOR AND PARTIES SHALL BE ENTITLED, IN

CONNECTION WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.

B. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.

5.16 FORCE MAJEURE:

If either the University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) day for each day of such delay.

5.17 CONFLICTS OF INTEREST:

It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.

Respondent shall also disclose:

A. Any relationship, whether by relative, business associate, capital funding agreement or by any other such kinship which exists between Respondent and an employee of any UH System component.

B. Whether Respondent has been an employee of any UH System component within the immediate twelve (12) months prior to the RFP response.

C. Whether any member of the Board of Regents of the University, or the Executive Officers of the

University or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.

All such disclosures will be subject to administrative review and approval prior to the University entering into any contract with Respondent.

5.18 NON-DISCLOSURE:

Contractor and the University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other.

Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or the University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.

5.19 PUBLICITY:

Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.

5.20 SEVERABILITY:

In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.

5.21 NON-WAIVER OF DEFAULTS:

No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained.

5.22 ASSIGNMENT:

The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by the University.

5.23 ASSIGNMENT OF OVERCHARGE CLAIMS:

Contractor hereby assigns to the University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, or arising under the antitrust laws of the State of Texas.

5.24 PATENT AND COPYRIGHT:

Contractor shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by this Contract.

5.25 TEXAS PUBLIC INFORMATION ACT:

University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq) after a contract is awarded. Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFP information.

5.26 FREEDOM OF ACCESS AND USE OF FACILITIES:

The Contractor's employees shall have reasonable and free access during normal business hours to use only those facilities of the University that are necessary to perform services under this Contract and shall have no right of access to any other facilities of the University.

5.27 OBSERVANCE OF UNIVERSITY RULES AND REGULATIONS:

Respondent agrees that at all times its employees will observe and comply with all policies and regulations of the University while on University premises, including but not limited to parking, safety and security regulations.

5.28 NO BOYCOTT OF ISRAEL:

Respondent certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the term of any agreements resulting from this proposal.

5.29 SECTION HEADINGS:

All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFP.

5.30 NOTICES:

Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows:

University of Houston-Clear Lake Procurement Department 2700 Bay Area Blvd. – Mail Code 137 Houston, Texas 77058

5.31 GOVERNING LAW:

This Contract, including, without limitation, this RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.

5.32 ANTI-TRUST LAWS:

Respondent shall certify that neither the Respondent nor the firm, corporation, partnership or University represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in the Texas Free Enterprise and Antitrust Act set forth in Chapter 15 of the Business and Commerce Code, or the Federal antitrust laws, nor have they directly or indirectly communicated the bid to a competitor or other person engaged in the same line of business.

5.33 CERTIFICATION OF FRANCHISE TAX STATUS:

Respondents are advised that University cannot pay vendors who are delinquent in paying state franchise taxes pursuant to Texas Government Code Chapter 2107.008. A corporate Respondent shall certify that it is not currently delinquent in the payment of, is exempt from, or is an out-of-state corporation that is not subject to any State of Texas franchise taxes. The Respondent agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

5.34 DELINQUENCY IN PAYING CHILD SUPPORT:

Under Section 231.006, Texas Family Code, a child support obligor who is more than 30 days delinquent in paying child support, and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an owner’s interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials or services; or receive a state - funded grant or loan until all arrears have been paid; or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.

The Respondent certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

SECTION VI

DESCRIPTION OF SERVICES-GENERAL REQUIREMENTS - SCOPE OF WORK

6.1 GENERAL REQUIREMENTS:

The University of Houston-Clear Lake (UHCL) Office of the Registrar, located at 2700 Bay Area Blvd., Houston, TX 77058 is requesting bids for the printing of diplomas and certificates on an as-needed basis in accordance with the terms, conditions, and requirements expressed herein.

6.2 SERVICES TO BE PERFORMED:

DIPLOMA PRINTING SCOPE OF WORK

Quantity: Diplomas – 3,500; Certificates – 100 (approximate – quantities will vary) Size: 11 x 14 archival quality diploma paper Ink: Black, Intaglio Engraved Masthead Paper Stock: 65# Ivory* Seal: Gold Embossed No thermography *Equivalent stock will be considered with the Office of the Registrar approval provided a sample is submitted along with the proposal.

General Information The quantities listed are approximate and will be used for analyzing proposals only. The University does not guarantee any minimum or maximum number of orders or any dollar amount associated with this bid.

The Diploma Printing Company shall distribute diplomas and certificates via USPS First Class mail directly to graduates.

Orders may be placed weekly if necessary with no minimum order requirement.

All diploma and certificate orders are to be printed and mailed within four business days.

Diploma and certificate format shall be designed by the University. The University name shall be printed in the format and font as described on the Marketing/Communications webpage regarding UHCL brand guide. The variable information to be engrossed shall also be approved by the University and may include (but is not limited to):

Graduate’s Name Degree Program Plan (Major) Honors, if applicable Date of Graduation

Performance The University orders diplomas every week regardless of quantity. Vendor must print diplomas, proof each diploma and meter each mailer with US First Class postage or International postage within 2-4 days regardless of the quantity of the order.

Vendor must pay for postage at the time of mailing and then at the end of each month, invoice the University with those diplomas processed for the past said month. Mailer must be under 6 oz. to keep the US First Class rate. The mailer will have the University return address with logo and phone number. Upon mailing, the Vendor must email each graduate letting them know that the diploma was mailed along with the mailing address detail.

Vendor must provide hosted “diploma management software” at NO charge. Vendor’s “Diploma Management” software must have the following features:

a. Software must allow unlimited users on as many computers as necessary at no charge.

b. Software must provide full user audit trail and transport detail of each diploma including date/time and address of when diploma was actually sent. It must show the exact detail on that particular order and a view of the diploma the way it was printed.

c. Software must retain all historical processed orders and never be purged.

d. Software must have a “Diploma Code Translation” management system. It must translate

College codes, Degree codes, Major codes, Honors codes etc. from code to formal diploma English.

e. Software must identify and manage graduates that are on “hold” for delinquent accounts and stop those diplomas from being ordered. Software must prepare a formal “hold letter” or emailing a “hold” notification to each graduate.

f. 24-hour Express Service: Software must have Express feature to order a diploma overnight. The Express Service must provide an email to graduate and “diploma management software” User detailing Tracking # and delivery information. This is at the request of the University only. This service must order this one individual diploma separately from the weekly orders.

g. Vendor must have a secure web-based extension of the “diploma management software”. This web-based interface allows the graduates as well as University staff to search the detailed status of each order. This detail includes: Name as it appeared on the diploma. All Diploma detail (e.g.

Degree, Major, Minor, Honors, Graduation Date). Mailing address and date of where and when the diploma was mailed from the Vendor’s facility. It must show all past orders related to that graduate’s degree.

h. Software must give the user an option to have certain diploma “Returned to the University” instead of being mailed out domestically or internationally to the graduate.

i. USPS IMB Tracing: Every US First Class Domestic Mail piece MUST have an IMB Individual Barcode printed Then, automatically and daily, the diploma management software must provide USPS Tracing Data. This ensures “Vendor Transparency” by providing “real time” USPS Postal Tracing based on the IMB Bar Code. If not through USPS, the vendor must have an alternate tracking system that is shared with the student.

Vendor must have the ability on the client side via the “diploma management software” to upload a graduate extract file securely (AES 256 bit encrypted) to the server side of “diploma management software”. This file will contain all data values for each and every graduate. The vendor must be able to support Unicode characters that may be contained in this graduate extract file. In addition, the vendor must provide an automated upload process. To achieve this, the vendor must have an SSH Server that supports a public/private key exchange to allow automated uploaded of these graduate files. The “diploma management software” in turn then automatically notifies the user the file or files are ready to import and process.

The vendor must have an “automated” signature library at NO charge. This must be part of the “diploma management software”. The library will store and provide officer’s signatures for the University’s diplomas dating back to any date desired by the University. The “diploma management software” must automatically sort and print the appropriate signature for each diploma. The vendor must also provide date ranging of officer’s titles (e.g. if a new Dean is the “Interim Dean” and one year later becomes the “Dean”, his/her title must be archived chronologically and printed correctly and appropriately based on the graduation date).

Software will be free of charge, encrypted and completely FERPA compliant.

Latin honors shall be engrossed on any diplomas designated in diploma order.

Diplomas and certificates that are returned by the United States Post Office shall be shipped to:

Office of the Registrar 2700 Bay Area Boulevard Houston, TX 77058

The vendor will assist the University in compiling a signature library and be made available for review.

Signature facsimiles may be subject to change.

Review online order status for students and designated University staff. The online web status feature will allow graduates to search the status of his/her diploma without the necessity of contacting the Office of the Registrar. Assure timely customer service for University. Response time should not exceed 24 hours.

Diploma Preservation: Vendor will include a full color brochure offering diploma preservation as an exclusive service to the graduates of the University.

The vendor must have an eDiploma Service…