ESBD_384085_1733509952130_TAMUT RFP 0898_122024 Eagle Landing Phase II Student Housing Construction or Modular Units.pdf

Texas A&M University-Texarkana Request For Proposals (RFP)

RFP Number

TAMUT-RFP-0898_122024

Eagle Landing Phase II:

Student Housing Construction or Modular Units

Issued Date

December 6, 2024

Response Date

January 5, 2025

11:30 PM

DATE: December 6, 2024

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

This execution of offer must be completed, signed, and returned with the respondent's qualifications. Failure to complete, sign and return this execution of offer with the qualifications may result in rejection of the qualifications.

Signing a false statement may void the submitted qualifications or any agreements or other contractual arrangements, which may result from the submission of respondent’s qualifications. A false certification shall be deemed a material breach of contract and, at owner's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment

Receipt is hereby acknowledged of the following addenda to this RFP by entering yes or no in space provided and indicating date acquired. Enter “0" if none received.

No. 1 Date

No. 2 Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Response and all statements and information prepared and submitted in response to this RFP are current, complete, true and correct;

(ii) it is not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount trip, favor or service to a public servant in connection with the submitted response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at TAMUS’ option, and the RESPONDENT may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the RESPONDENT and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between RESPONDENT and an employee of TAMUS;

(v) Respondent has not been an employee of TAMUS within the immediate twelve (12) months prior to the RFP response;

(vi) no compensation has been received for participation in the preparation of this RFQ (ref. Section 2155.004 Texas

Government Code);

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-596) and its regulations in effect as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

(ix) to the best of its knowledge, no member of the Board of Regents of The Texas A&M University System, or the Executive Officers of the Texas A&M University System or its member institutions or agencies, has a financial interest, directly or indirectly, in the Project;

(x) each individual or business entity proposed by RESPONDENT as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

(xi) if the RESPONDENT is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xii) under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this

EXECUTION OF OFFER

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; and,

(xiii) under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

RESPONDENT should give Payee Identification Number (PIN) (Formally Vendor ID), full firm name and address of Vendor (enter in block provided if not shown). Failure to manually sign submittal will disqualify it. The person signing the submittal should show title or authority to bind his/her firm in contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.

Payee Identification Number (PIN):

Sole Owner should also enter Social Security Number:

Vendor/Company:

Signature (INK):

Name:

Title: _

Street:

City/State/Zip:

Telephone No.:

Fax No.:

E-mail:

* By signing this RFQ, RESPONDENT certifies that if a Texas address is shown as the address of the respondent, respondent qualifies as a Texas Resident Bidder as defined in Texas Government Code, § 2252.001(4).

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official of TAMUS or any employee thereof, or any person, firm or corporation under contract with TAMUS whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TAMUS, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TAMUS.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUS, nor any employee, or person, whose salary is payable in whole or in part by TAMUS, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature

Company Name

Date

Subscribed and sworn to before me this day of , 2013.

Notary Public in and for the County of , State of

. My commission expires:

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

FELONY CONVICTION NOTIFICATION

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Supplier’s Name:

Authorized company official’s name (printed):

Date:

Please choose one, per the below listed criteria:

1. My firm is not owned or operated by anyone who has been convicted of a felony:

Company Representative-Printed Name Signature

2. My firm is owned or operated by an individual(s) who has/have been convicted of a felony:

Name of felon(s)

Reason for conviction:

Information submitted by: Print Name Signature

3. This company is a publicly held Corporation; therefore, we are exempt from this requirement.

Company Representative-Printed Name Signature

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET

WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

PROPOSAL FORM

Proposal of (hereinafter called “respondent”) organized and existing under laws of the State of doing business as ( ) a Corporation, ( ) a Partnership, ( ) an Individual to Texas A&M University-Texarkana (hereinafter called “Owner”).

In compliance with University’s Advertisement for Proposals, Respondent hereby agrees to provide the services contained herein, in strict accordance with Contract Documents.

By submission of this Proposal, each Respondent certifies that this Proposal has been arrived at independently, without consultation, communication or agreement as to any matter relating to this proposal with any other Respondent or with any competitor.

Respondent agrees to provide all the services describe in the Contract Documents.

Vendor Proposal: Attach detailed proposal, examples, including any plan drawings and/or artist renderings hereto.

Company Name (Signature)

Address of Company Name (Typewritten)

City, State and Zip Title

Telephone Date

Fax

Email Address

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

TEXAS A&M UNIVERSITY-TEXARKANA

RFP NUMBER

PROPOSAL MUST BE RECEIVED BEFORE:

11:30 PM Central Time, January 5, 2025

SUBMIT ALL REQUIRED DOCUMENTS & COMPLETE PROPOSAL TO:

https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD

Proposal must be submitted to the Texas A&M University-Texarkana Purchasing & Support Services Office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REQUEST FOR PROPOSAL

REFER ALL INQUIRIES TO:

Kristen Tullos Texas A&M University-Texarkana Director, Purchasing &

Support Services Phone 903-223-3053

Email: kristen.tullos@tamut.edu mailto:kristen.tullos@tamut.edu

SECTION 1

GENERAL

1.1 Scope

Texas A&M University-Texarkana (herein referred to as University) is soliciting proposals for the development of Eagle Landing Phase II, a student housing project on the TAMUT campus. This project involves the construction of traditional or custom student housing or delivery of modular student housing units designed to meet the university's housing needs while adhering to all applicable state and Texas A&M system standards.

The University is an institution of higher education located 7101 University Avenue Texarkana, TX. It is the intention of the University to contract with a single company to provide these services for the University campus. Vendor must have demonstrated competence in providing these services and must have the qualifications necessary to perform the services outlined in this RFP.

The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become a part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

1.2 History

Texas A&M University-Texarkana (formerly East Texas State University at Texarkana) was established by the Texas Legislature in 1971 as an upper level, operationally separate unit of the East Texas University Complex. In September 1996, the university became a member of The Texas A&M University System and is governed by The Texas A&M University Board of Regents. Like other Texas public colleges and universities, A&M-Texarkana also operates under the jurisdiction of the Texas Higher Education Coordinating Board.

Texas A&M University-Texarkana is a comprehensive regional university committed to Academic Excellence, Student Success, and Community Leadership. We are educating the leaders of tomorrow with a high-quality, rewarding and affordable educational experience. As a member of The Texas A&M University System, one of the largest and most distinguished higher education systems in the nation, we provide our students with a world-class degree in a family atmosphere known as a “community” of higher education.

A&M-Texarkana is uniquely positioned to serve a four-state area, contributing to the region's dynamic and diverse culture and resources. The Texarkana metropolitan area is located only one hour from Shreveport, LA, two hours from Little Rock, AR, and a little less than three hours away from Dallas, TX. No matter which direction you are coming from, A&M-Texarkana is the perfect location to complete a four year degree, build long lasting friendships, and take part in the true university experience. Students can experience the best of both university worlds at A&M-Texarkana, finding resources characteristic of a large university with the personalized attention of a small college. We offer in-demand academic programs with outstanding, dedicated faculty, and maintain an 18:1 student-to-faculty ratio, ensuring personalized attention and opportunities to build relationships.

1.3 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for a period of one (1) year with the option to renew for an additional four (4) one-year periods, providing all terms and conditions of the original agreement remain the same and the extension is mutually agreed upon by all parties.

1.4 Texas A&M University-Texarkana HUB Policy and HUB Subcontracting Requirements

It is the policy of Texas A&M University-Texarkana to encourage the use of Historically Underutilized Businesses (HUBs) in our prime contracts, subcontractors, and purchasing transactions. The goal of the HUB program is to promote equal access and equal opportunity in Texas A&M University-Texarkana contracting and purchasing.

1.4.1 HUB Subcontracting Plan (Required if Subcontractors will be used during Services)

Subcontracting opportunities are anticipated for this RFP; therefore a HUB Subcontracting Plan (HSP) is required. In the event that the RESPONDENT determines a subcontractor(s) will be used, the RESPONDENT WILL BE required to make a good faith effort and complete the State of Texas HUB Subcontracting Plan found at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE HUB

SUBCONTRACTING PLAN (only if subcontractors will be used by the RESPONDENT for these services) WILL BE CONSIDERED A MATERIAL FAILURE TO COMPLY

WITH THE REQUIREMENTS OF THE RFP AND WILL RESULT IN REJECTION

OF THE RESPONSE.

Please contact Texas A&M University-Texarkana’s Director of Purchasing & Support Services & HUB Coordinator, Kristen Tullos, at kristen.tullos@tamut.edu for assistance with completion of requirements as stated.

1.5 Pre-Proposal Conference & Site Visit

1.5.1 There is not a pre-proposal conference scheduled for this solicitation.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php mailto:kristen.tullos@tamut.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

The goal of this RFP is to seek a sole contractor that is capable of the development of Eagle Landing Phase II, a student housing project on the Texas A&M University-Texarkana campus.

• Units Required: 10 residential units, each capable of accommodating 2-4 students per bedroom.

• Layout Options:

- Two-bedroom units or four-bedroom units.

- Common living area in each unit.

- Bathrooms to support all residents per unit.

• Laundry Facilities:

- Either centralized laundry units or in-unit laundry hookups.

• HVAC and Utilities:

- Electric heating and cooling systems in all units.

• Network and Connectivity:

- Fiber network connections to each unit.

• Fire Safety:

- Units must comply with all Texas A&M and state fire protection protocols, including:

Sprinkler systems.

Fire alarms and monitoring systems.

Units are to be constructed on the TAMUT campus or transported to the campus as modular structures (See Exhibit A). Proposals must include all necessary engineering, infrastructure connections, and site preparations.

The housing solution will need to be in place and “move-in ready” by July 31, 2025.

2.2 Scope

Each Respondent should submit a proposal in accordance with the requirements of this RFP.

Contractor must have demonstrated competence in providing these services and must have the qualifications necessary to perform the services outlined in this RFP.

The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become a part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

2.3 Specifications

Respondents are encouraged to submit proposals which address one or all options requested herein or to offer other options, as the University will review all proposals and select the one that represents the best value to the University.

2.4 Respondent Qualifications

Respondents must be prepared to provide any evidence of experience, performance ability and/or financial surety that the University deems necessary to fully establish the performance capabilities represented in their proposal. To assist the University in making a determination of best value, the Respondent is to provide responses to each of the following:

2.4.1 Years in Business: Provide the number of years the Respondent’s company has been in business, as well as the number of years the Respondent’s company has been providing modular, traditional, or custom student housing projects, or similar, multi-tenant projects;

2.4.2 Understand state contracting and university infrastructure requirements;

2.4.3 Able to meet fire safety and ADA requirements;

2.4.4 Provide a list of no more than 5 current clients, including customer name, contact person and telephone number;

2.4.5 Provide a list of no more than 3 former accounts, if any, from whom the vendor has separated within the preceding 36 months, along with the reason for the separation and the customer name, contact person and telephone number;

2.4.6 Provide a brief narrative in response to the following question:

a) Have you ever failed to complete any work awarded to you? If so, indicate when, where and why;

2.5 Contractor Responsibilities

The University desires the following services be provided at a minimum or as otherwise negotiated to the satisfaction of the University:

2.5.1 Provide housing solution for TAMUT campus by July 31, 2025.

2.5.2 To provide sufficient equipment, supplies, and professional personnel necessary to fully render the service requested.

2.5.3 To perform the services outlined in the Agreement without interfering in any way with the activities of the University’s faculty, students, staff, or visitors;

2.6 University Responsibilities

Notwithstanding any sections of this RFP addressing responsibilities of the parties or other responsibilities that may be negotiated the University agrees to the following rights and responsibilities:

2.6.1 Give contractor access to the TAMUT campus.

2.6.2 Have final approval on the placement of all modular housing units.

SECTION 3

SELECTION PROCESS

3.1 Selection Process

University will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The RESPONDENT selected will be the one who’s experience and qualifications, as presented in response to this RFP, establish them, in the opinion of University, as well qualified and offering the greatest benefits, experience and value to University. University may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

Should University determine in its sole discretion that only one RESPONDENT is fully qualified, or that one vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated.

Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by University during the evaluation process.

The selection of the successful proposal may be made by University on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by University on the basis of negotiation with any of the RESPONDENTS. University shall not disclose any information derived from the proposals submitted by competing RESPONDENTS in conducting such discussions.

All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of the RFP, University alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

University reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

University reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive vendor.

Respondent may be requested to provide an on-site presentation. Respondent will be notified in writing for the detailed invite. The date has not been set for presentations, but we will communicate that if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by Texas A&M University-Texarkana Purchasing & Support Services Department no later than 11:59 P.M. CENTRAL TIME JANUARY 5, 2025, at https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD.

Late proposals will not be considered under any circumstances.

Mailed, hand delivered, or telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of Texas A&M University-Texarkana Holidays – Offices Closed

Texas A&M University-Texarkana offices will be closed for the agency’s holidays as indicated below:

December 24, 2024 – January 1, 2025

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.]

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Proposals should include a detailed project timeline.

4.5.3 A substantial completion date must be specified, with penalties for late delivery.

4.5.4 Proposals should include a detailed design and construction plan, including:

4.5.4.1 Floor plans with bedroom layouts, common areas, bathrooms, and optional laundry facilities.

4.5.4.2 Description of materials, construction methods, and infrastructure connections.

4.5.5 Proposals should include a detailed plan for engineering and infrastructure, including:

4.5.5.1 Engineering plans for site preparation and utility connections, including electricity, water, sewer, and fiber network.

4.5.5.2 Integration with campus fire safety systems.

4.5.6 Proposals should include a detailed cost proposal, including:

4.5.6.1 Construction and/or modular unit delivery.

4.5.6.2 Engineering and utility connections.

4.5.6.3 Optional centralized laundry unit vs. in-unit laundry hookups.

4.5.6.4 Terms of payment and warranty details.

4.5.7 Proposals should include a project timeline and penalties, including itemized cost breakdowns for:

4.5.7.1 Construction and/or modular unit delivery.

4.5.7.2 Engineering and utility connections.

4.5.7.3 Optional centralized laundry unit vs. in-unit laundry hookups.

4.5.7.4 Terms of payment and warranty details.

4.5.8 Respondents are requested to submit a proposal that represents their best offer, as Texas A&M University-Texarkana does not anticipate utilization of the “Best and Final Offer” process.

4.5.9 The following information is to be returned as part of your proposal response.

Proposals submitted without this information will be evaluated accordingly:

4.5.9.1 Signed Execution of Offer

4.5.9.2 Completed Proposal Form

4.5.9.3 Felony Conviction Notification

4.5.9.4 Non Collusion Affidavit

4.5.9.5 Demonstrated Experience and Qualifications

4.5.9.6 Company Information

4.5.9.7 References

4.5.9.8 Pricing in accordance with the specifications

4.5.9.9 Copies of all addenda that may be issued for the RFP signed by same authorized

Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

4.5.10 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

4.5.10.1 A table of contents by section to the appropriate pages

4.5.10.2 An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

4.5.10.3 A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the RFP.

4.5.10.4 A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any

Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In its response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to Texas A&M University-Texarkana over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

4.5.10.5 Proposer shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of school, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

4.6 Texas A&M University-Texarkana Contact

Any questions or concerns regarding this Request for Proposal shall be directed in writing to:

Kristen Tullos Texas A&M University-Texarkana Purchasing & Support Services 7101 University Ave Texarkana, TX 75503 Email: Kristen.Tullos@tamut.edu Phone: 903-223-3053

Texas A&M University-Texarkana specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individual.

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect.

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS 12:00 P.M. CENTRAL

TIME, DECEMBER 13, 2024.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (http://esbd.cpa.state.tx.us) to check the website for any addenda for this RFP. All such addenda issued by Texas A&M University-Texarkana prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website on DECEMBER 20, 2024 by 3:00 pm.

mailto:Kristen.Tullos@tamut.edu http://esbd.cpa.state.tx.us/

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to University shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed in the contract example. No other form of contract will be utilized as a result of this RFP.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.1.1 Proposal should be prepared simply and economically, providing a straightforward and concise description of the Respondent's ability to meet requirements of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the RFP's requirements.

5.1.2 The University reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" and most advantageous and award to the most responsive proposal. Additionally, all Respondents are hereby notified that Texas A&M University-Texarkana shall consider all factors it believes to be relevant in the selection of the most responsive proposal including but not limited to both subjective and objective criteria and the ability of the Respondent to perform the requirements of this RFP.

5.1.3 This RFP is a solicitation for proposals and is not a Contract or an offer to Contract. The

University is not obligated to award a Contract and reserves the right, at the University’s exclusive option to: (1) enter into Agreements or other Contractual arrangements for all or any portion or portions of the requirements and specifications set forth in this RFP with one or more Respondents; (2) reject any and all proposals and re-solicit proposals; (3) reduce/revise the scope of work and choose portions of the work that are within the University’s budgetary limits or (4) reject any and all proposals and temporarily or permanently abandon the procurement, if deemed to the best interests of University.

Additionally, the University reserves the right to make award(s) and enter into Agreement(s) that stipulate options to purchase all or only specific parts of the items and/or services included in the awarded proposal(s) on an “as needed” basis or an “as funded” basis.

By responding to this RFP, the Respondent fully understands and agrees that award(s) and resulting Agreement(s) for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.4 Proposals are to be valid for a minimum of ninety, (90) days from the submittal deadline date to allow time for evaluation, selection and any unforeseen delays.

5.1.5 The Respondent agrees to protect the State of Texas and the University from claims involving infringement of patents or copyrights.

5.1.6 The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any Contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

5.1.7 No substitutions or cancellations permitted without written approval of the University.

5.1.8 Upon award, delivery shall be effective as stated unless the Seller obtains approval from

University for late delivery. Delivery shall be made during normal working hours only unless University approves otherwise. Delivery may be a factor in award.

5.1.9 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the University.

5.1.10 Respondents electing to reply to this RFP are responsible for all cost incurred by the Respondent for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. The University is not liable for any cost incurred by Respondents.

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by University at its option.

5.1.12 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after if has been submitted or filed in response to this RFP. However, upon written request by the Respondent, a proposal may be withdrawn or withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which shall be based on the Respondent’s written documentation evidencing a reason acceptable to University in its sole discretion.

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of

Higher Education as defined by Section 61.003 Education Code, Government Code Section

2155.134. Other individual institutions may or my not elect to use this agreement.

5.2 Alternate Proposal

University reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

5.3 Definitions

Whenever the following terms are used in any part of this RFP the intent and meaning shall be interpreted as follows:

RFP shall mean Request For Proposal.

UNIVERSITY shall mean Texas A&M University-Texarkana.

TPASS shall mean Texas Procurement and Support Services Division (formerly the TBPC).

HUB shall mean Historically Underutilized Business as certified by the State of Texas HSP shall mean HUB Subcontracting Plan Respondent shall mean the individual, partnership, corporation, or other entity that submits a response to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded a Contract or Agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein Agreement / Contract shall mean the formal Contractual Agreement entered into between Texas A&M University-Texarkana and the Seller as a result of this RFP by means of purchase order and/or separate written contract.

5.4 Time of Performance

Time is of the essence in the rendering of services hereunder. Seller agrees to perform all obligations and render services set forth per this RFP in accordance with the schedules herein and as mutually agreed upon between University and Seller during the term of any Agreement resulting from this RFP. Seller will not be responsible for, or subject to default because of, any schedule changes or delays of deliverables that may be caused by the action(s) or non-action(s) of University.

5.5 Default

In the event that the Seller fails to carry out or comply with any of the terms and conditions of the Agreement with the University, University may notify the Seller 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 Seller fails to remedy such failure or default within the ten (10) day period, University shall have the right to cancel the Agreement upon ten (10) days written notice.

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

5.6 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Texas A&M University-Texarkana without cause by giving ninety (90) days written notice of such termination to the Seller.

5.6.2 Upon award, the Agreement is subject to termination, without penalty, either in whole or in part, if funds are not appropriated.

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to University thirty (30) days prior to termination date.

5.6.4 In no event shall such termination by University as provided under this Section give rise to any liability on the part of University including, but not limited to, claims of Seller for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing.

University’s sole obligation hereunder is to pay Seller for goods and services received and approved by University to the date of termination.

5.7 Warranties

In addition to all warranties established by law, Seller hereby warrants and agrees that:

5.7.1 All goods and services covered by the Agreement shall conform to the specifications, drawings, samples or other descriptions set forth in the Agreement or otherwise furnished or adopted by University, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. University shall have the right of inspection and approval, and may, at Seller's expense, reject and return nonconforming goods or require re-performance of services that are not in compliance with the requirements of the Agreement.

Defects shall not be deemed waived by University. Failure to notify Seller upon receipt of goods or completion of services, or by payment of invoice.

5.7.2 All goods and services provided under the Agreement shall meet or exceed the Safety

Standards established and promulgated under the Federal Occupational Safety and Health Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the Agreement.

5.7.3 All goods and services delivered pursuant to the Agreement shall conform to standards established for such goods or services in accordance with any applicable federal, state or local laws and regulations, unless otherwise indicated in the Agreement.

5.7.4 TECHNOLOGY ACCESS CLAUSE - The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Texas A&M University-Texarkana that the technology provided to Texas A&M University-Texarkana for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. providing equivalent access for effective use by both visual and non-visual means;

2. presenting information, including prompts used for interactive communications, in formats intended for non-visual use and;

3. being integrated into networks for obtaining, receiving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

Electronic and Information Resources (EIR) accessibility requirements and technical standards from Texas Administrative Code, Title 1, Chapter 206 and Chapter 213 have been determined to apply to this Request for Proposal. RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet at least those technical provisions identified as applicable in the attached Voluntary Product/Service Accessibility Templates (VPATs).

For EACH applicable EIR product, RESPONDENTS should provide the following accessibility information by way of Voluntary Product Accessibility Templates (VPATs) (See EXHIBIT C) or other equivalent reporting templates. RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet the following requirements.

1. The appropriate Technical Accessibility Standards based on EIR Category (see table below)

2. Functional Performance Criteria described in 1 TAC §213.35 (i.e., Section 508 equivalent - 36 CFR Part 1194 Subpart C)

3. Information, Documentation, and Support described in 1 TAC §213.36 (i.e., Section 508 equivalent - 36 CFR Part 1194 Subpart D)

EIR Category Technical Accessibility Standards Section 508 Equivalent Software Applications and Operating Systems

1 TAC §213.30 36 CFR §1194.21

Websites 1 TAC §206.70 Web Content Accessibility Guidelines (WCAG) 2.0, Level AA

36 CFR §1194.22

Telecommunications Products 1 TAC §213.31 36 CFR §1194.23 Video and Multimedia Products 1 TAC §213.32 36 CFR §1194.24 Self-Contained, Closed Products 1 TAC §213.33 36 CFR §1194.25 Desktop and Portable Computers 1 TAC §213.34 36 CFR §1194.26 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=30 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=206&rl=70 http://www.w3.org/TR/WCAG20/ http://www.w3.org/TR/WCAG20/ http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=31 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=32 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=33 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=34

Only proposals which contain adequate information to document their responsiveness to the EIR accessibility requirements (VPATs and supporting documentation including test documentation) will be eligible for consideration.

5.8 Agreement Amendments

Any Agreement resulting from this RFP may be modified or amended as negotiated and /or mutually agreed upon by University and Seller. No modification or amendment to any Agreement resulting from this RFP shall become valid unless agreed in writing and signed by both the University and the Seller.

All correspondence regarding modifications or amendments to the Agreement must be forwarded to the Procurement Services Department for prior review and approval. Only the University Vice President for Business and Administration or his/her designee will be authorized to sign changes or amendments to any Agreement resulting from this RFP.

5.9 Independent Vendor Status

Seller agrees that Seller and Seller's employees and agents have no employer-employee relationship with University. University shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will University furnish any medical or retirement benefits or any paid vacation or sick leave.

5.10 Right to Audit

Seller understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Seller further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Seller will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Seller and the requirement to cooperate is included in any subcontract it awards.

5.11 Title, Risk of Loss and Freight

The title and risk of loss of any goods shall not pass to University until the goods are actually received, taken possession of, and accepted by the University at point of delivery. All goods furnished hereunder shall be delivered F.O.B. destination, freight prepaid and allowed. Seller shall be responsible for any and all freight claims.

5.12 Acceptance of Goods and Services

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

All goods and equipment furnished must be new and unused at the time of delivery. All equipment must be provided with standard manufacturer’s warranty. Instruction, service and parts manuals are to be furnished at no charge. All manuals must be in English.

5.13 Ownership of Deliverables

Upon acceptance by University of any an all deliverables, such deliverables shall become the property of and full ownership conveyed to the University. Such deliverables shall include, but not be limited to, maps, charts, publications, reports and other documents, datasets, software (including licenses and permits), and any other items created by the work performed by the Seller. All copyrights, printing/reprinting and publishing/republishing rights for any publications shall be in the name of, or conveyed to Texas A&M University-Texarkana.

5.14 Sales and Use Tax

The University as an agency of the State of Texas, is exempt from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.