ESBD_384314_1733761962714_RFP 2025-1129 Supply and Installation of Modular & Pre-Engineered Building.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

1:00 PM Central, Click or tap to enter a date.

s must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP 2025-1129

Supply and Installation of Modular & Pre-Engineered Buildings

RFP for Supply and Installation of Modular & Pre-Engineered Buildings

Rev. August 8, 2024 Page 2 of 21

TABLE OF CONTENTS

SECTION 1: SCOPE OF WORK

1.1 Objectives

1.2 Project Details

1.3 Alternate Proposals

SECTION 2: PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

2.2 Prime Contractor Responsibilities

2.3 Quality Measures/Future State

2.4 Proposal Submittal Requirements

SECTION 3: EVALUATION PROCEDURES

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Method

3.4 Evaluation Criteria and Weights

3.5 Scoring Methodology

3.6 Consideration of Additional Information

3.7 Oral Presentations and Interviews

3.8 Award Process

3.9 Best and Final Offer

3.10 Protest Procedures

3.11 Contract Documents

3.12 Not Exclusive

SECTION 4: ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact

4.2 Event Information

4.3 References

4.4 Licenses

4.5 Term of Award

4.6 Historically Underutilized Business ("HUB") Firms

4.7 HUB Subcontracting Plan (“HSP”)

4.8 Uniform General Conditions

4.9 Right to Modify, Rescind, or Revoke the RFP

4.10 Rights of Review and Award

4.11 Signature and Certification of Proposer

4.12 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents' Rules, and TTU Operating Policies and Procedures

4.13 Compliance with RFP Requirements

4.14 Right of Rejection

4.15 Binding Effect of Proposal

4.16 Use and Disclosure of Information

4.17 Group Purchase Authority

4.18 E-commerce

4.19 Withdrawal or Modification

4.20 Risk of Loss, Damage, or Delay

4.21 Digital Signature

4.22 Proposer Registration

4.23 Insurance Requirements

4.24 Compensation and Fees

4.25 Invoicing and Payment

APPENDIX A: DEFINITIONS

Rev. August 8, 2024 Page 3 of 21

SECTION 1:

SCOPE OF WORK

1.1 Objectives

Texas Tech University (“TTU”) is seeking proposals and turnkey solutions from qualified and experienced Proposer(s) to submit Responses to a Request for Proposal (“RFP”) for the Supply and Installation of Modular & Pre-Engineered Buildings (“Services”). Services will include the sale, delivery, and/or construction of Modular & Pre- Engineered Buildings. Services will be requested on an as needed basis by the TTU Operations Division.

1.2 Project Details

TTU has need of modular buildings, for research and storage spaces, (“Structures”) of various materials including, but not limited to; wood, steel, and/or concrete, using the leading industry standards and processes. These Structures may be either constructed onsite or delivered, preassembled, and placed in the desired location.

The need for these Structures can range from general storage use, specialty storage uses with respect to research materials and/or chemical storage, special housing for mechanical or electrical equipment, or research space used to provide researchers with workspaces.

Structure specifications and placements will be managed by the TTU Operations Division and must facilitate the needs of the requesting department. Locations will include the current TTU-owned or leased locations, and any locations owned or leased by TTU throughout the life of any awarded contract. All Structures shall belong to TTU.

1.3 Alternate Proposals

TTU may consider alternate Proposals submitted by Proposer that expand or differ from these specifications.

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

Rev. August 8, 2024 Page 4 of 21

SECTION 2

PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

2.1.1 All Structures must include all components required for the construction of the Structure including, but not limited to, fire-rated components, framing components, insulation, wall panels and trim, roof panels and trim, necessary access points, gutters, downspouts, and building accessories. All components, including egresses and ingresses, are subject to review by the TTU Operations Division for applicable standards and compliance.

2.1.2 All Structures must be constructed and/or secured to an approved foundation that is designed and sealed by a structural engineer licensed to practice engineering in the State of Texas and approved by TTU.

i. Concrete foundations must be designed in accordance with the Building Code Requirements for Structural Concrete (American Concrete Institute (“ACI”) 318)

ii. All concrete and reinforcing steel must be fabricated and placed in accordance with the Specifications for Structural Concrete for Buildings (ACI 301) and the Standard Detailing Manual (ACI 315)

2.1.3 Structures must meet the standards, specifications, recommendations, findings, and interpretations of professionally recognized groups in the most current list of guidelines at the time of Proposal. The TTU Operations Division will determine if the source(s) used for such standards, specifications, recommendations, findings, and interpretations is/are adequate for the given project.

i. Structure design, drafting, fabrication, and quality criteria, practices, and tolerances will govern unless specifically countermanded by specifications

2.1.4 Structural design and component materials must be in accordance with accepted industry standards and any applicable laws and/or statutes. The TTU Operations Division reserves the right to reject any proposed Structure placement or design and/or request modification based on any received project proposal. The Structure design and component materials used will be project-specific and may change depending on the needs of TTU and/or the approval of the TTU Operations Division.

2.1.5 Structure design load must meet or exceed the requirements of each project request and be approved by TTU Operations Division.

2.1.6 Fabrication

i. All framing members must be shop fabricated for field bolted assembly.

ii. The surfaces of the bolted connections must be smooth and free from burrs or distortions.

iii. Connections must conform to the manufacturer’s standard design practices.

iv. Certification of welder qualifications must be furnished

2.1.7 Installation

i. Proposer(s) must conform to the approved design and installation method from the accepted proposal including materials of the size, thickness, and type specified by the request and approved by TTU Operations Division. If no size, thickness, and/or type is specified, the Proposer(s) shall match these components to the needs of the Structure and the current industry standards.

ii. Proposer(s) must not make any field modifications to primary structural members except as authorized and specified by the manufacturer and approved by TTU Operations Division.

iii. Proposer(s) must furnish inserts and anchoring devices which must be set in concrete for installation of miscellaneous metal work.

https://www.concrete.org/Portals/0/Files/PDF/Previews/318-19_preview.pdf https://www.concrete.org/Portals/0/Files/PDF/Previews/318-19_preview.pdf https://www.concrete.org/Portals/0/Files/PDF/Previews/301_16_preview.pdf https://www.concrete.org/Portals/0/Files/PDF/Previews/301_16_preview.pdf

Rev. August 8, 2024 Page 5 of 21

iv. Proposer(s) must provide setting drawings, templates, instructions, and directions for installation of anchorage devices.

(1) Anchoring devices must provide adequate support for the intended use.

v. Proposer(s) must preassemble items in shop to the greatest extent possible to minimize field splicing and assembly.

(1) Proposer(s) must disassemble units only as necessary for shipping and handling limitations.

(2) Units to be reassembled must be marked

vi. Proposer(s) must weld corners and seams continuously complying with AWS Code.

(1) Exposed welds must be ground smooth and flush to match and blend with adjoining surfaces.

2.2 Prime Contractor Responsibilities

2.2.1 Proposer(s) should have at least five years of experience in installing Pre-Engineered building systems.

2.2.2 Proposer(s) shall have a superintendent/project manager at the job site to supervise the foundation construction and erection of the Structure at all times when Services is being done.

2.2.3 Proposer(s) shall examine substrates, areas, and conditions for compliance with requirements for installation tolerances and other conditions affecting the performance of Services.

2.2.4 Proposer(s) must, prior to installation, survey elevations and locations of concrete and masonry bearing surfaces and locations of anchor rods, bearing plates, and other embedments to receive structural framing

2.2.5 Proposer(s) shall take field measurements prior to the preparation of shop drawings and fabrication.

2.2.6 Proposer(s) shall allow for trimming and fitting wherever taking field measurements.

2.2.7 Proposer(s) shall provide specifications and shop drawings to the TTU Operations Division.

2.2.8 Proposer(s) shall not undertake any aspect of a project, other than the creation of a proposal, until the project has been formally submitted. Projects will be formally submitted to the awarded Proposer(s) by the issuance of a Purchase Order, and no Services other than what is authorized on a Purchase Order shall be authorized.

In addition to a purchase order, at the discretion of TTU Procurement Services, a supplemental, project-specific TTU Construction Services Agreement may be issued that will specify details of the project, such as any special terms or completion dates.

2.3 Quality Measures/Future State

2.3.1 Warranties

i. The Structure must be warranted against failure due to defective material or workmanship for a minimum of one (1) year at a minimum from date of final, written acceptance.

ii. A warranty must be provided for a minimum of twenty (20) years from the date of final, written acceptance against leaks in standing seam roofing structure caused by ordinary wear and tear under normal weather and atmospheric conditions.

iii. Galvanized panels must be warranted for a minimum of twenty (20) years from the date of written acceptance against rupture, structural failure, or perforation due to normal atmospheric conditions.

iv. Metal panel paint system must be warranted for a minimum of thirty (30) years from the date of

Rev. August 8, 2024 Page 6 of 21 written acceptance against chipping, peeling, blistering, fading in excess of 5 NBS Hunter units as set forth in ASTM-D-2244, and chalking in excess of 8 units as set forth I ASTM-D-4214

2.3.2 Designs should be Engineered, signed, and sealed by a Licensed Engineer of Texas.

2.4 Proposal Submittal Requirements

2.4.1 By submitting a Proposal, the Proposer certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the Services to be performed, the detailed requirements of the Materials or Services to be provided, and the conditions under which the Materials or Services are to be performed.

The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for award by TTU, the Proposer will notify TTU immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

2.4.2 Submittal Instructions for TechBid Proposals

TTU requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

TTU recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

i. Proposer’s Response Form

ii. Certificate of Insurance

iii. Letter of HUB Commitment (Attachment A)

iv. Pricing Schedule (Attachment B)

v. Signed Affirmation and Conflict of Interest

Rev. August 8, 2024 Page 7 of 21

SECTION 3

EVALUATION PROCEDURES

3.1 Evaluation Process

TTU will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTU, and the judgment in this regard shall be considered final.

Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to TTU.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTU may consider:

3.1.1 The purchase price;

3.1.2 The reputation of the Contractor and of the Contractor’s Materials or Services;

3.1.3 The quality of the Contractor’s Materials or Services;

3.1.4 The extent to which the Materials or Services meet the TTU’s needs;

3.1.5 The Contractor’s past relationship with TTU;

3.1.6 The impact on the ability of TTU to comply with laws and rules relating to Historically Underutilized

Businesses and to the Procurement of Materials or Services from Persons with disabilities;

3.1.7 The total long-term cost to the institution of acquiring the Contractor’s Materials or Services;

3.1.8 Any other relevant factor that a private business entity would consider in selecting a Contractor; and

3.1.9 The use of material in construction or repair to real property that is not proprietary to a single vendor unless TTU provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that subjective judgments must be made by TTU and the evaluation team during the awarding of evaluation criteria points.

Evaluations will be made based upon the submitted Proposal,

3.3 Evaluation Method

A committee of TTU officials appointed by the Primary Contact will evaluate the Proposals and make a recommendation to the Assistant Vice President and Chief Procurement Officer. The evaluation will be based on the information provided in the Proposal, additional information requested by TTU for clarification, information obtained from references and independent sources, past performance of the Proposer (if applicable), the best and final offer, and oral presentations (if requested).

The evaluation of responsive Proposals shall then be completed by an evaluation team, which will determine the ranking of Proposals based on the evaluation criteria. Proposals will be evaluated strictly in accordance with the requirements set forth in this Solicitation, including any addenda or interpretations that are issued. TTU may also negotiate additional Materials and/or Services during the negotiation process if deemed in TTU’s best interest. TTU will award the Contract(s) to the responsible and responsive Proposer(s) whose Proposal is determined to be the most advantageous to TTU, considering the evaluation factors outlined in this RFP.

The evaluation of Proposals will include consideration of responses to the list of criteria in Section 4.0. Proposers must specifically address all criteria in their response. Any deviations or exceptions to the specifications or requirements must be described and justified in a transmittal letter. Failure to list such exceptions or deviations in the transmittal letter may be considered sufficient reason to reject the Proposal.

TTU will evaluate Proposals as submitted and will not notify Proposers of deficiencies in their responses. The awards will not be notified until a fully executed Contract(s) is complete.

Proposals must contain responses to each of the criteria, listed in the Evaluation Criteria below if the Proposer’s response cannot satisfy those criteria. A Proposal may be rejected if it is conditional or incomplete in the judgment of

TTU.

Rev. August 8, 2024 Page 8 of 21

3.4 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTU’s requirements and provide the Best Value to TTU. The Proposal shall be awarded points based on each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points

Allowed

Criteria 1: Financial Value - Financial costs and/or benefits to the University

• Cost of materials and services

• Cost of ongoing maintenance, service agreements, licenses, or support

• Warranties

• Shipping/delivery/import costs (if applicable)

• Installation costs and/or implementation fees

• Other financial consideration

40%

Criteria 2: Demonstrated ability of the Proposer to fulfill the TTUS’ requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Quality, availability, and adaptability of Proposer’s supplies, materials, and equipment

• Stability and success of the Proposer’s business, including but not limited to:

o Qualifications of key personnel (based on resumes and experience provided) o Past performance on similar projects (based on references and publicly available information) o Length of time the business has been operational o Demonstrated capability and financial resources to perform the services or provide the materials in the time projected o Pending or past legal proceedings

35%

Criteria 3: Value Added Options

• Ability to provide innovative ideas/resources for TTU process improvement

• Minimization of TTU resource use 15%

Criteria 4: Quality assurance plan and control measures implemented and maintained by the Contractor

• Methodology for performing Services and project planning

• Ability to comply with Texas laws

10%

TOTAL 100%

3.5 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0 -10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

Rev. August 8, 2024 Page 9 of 21

3.6 Consideration of Additional Information

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

3.7 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.8 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at TTU’s sole option and discretion, TTU may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.9 Best and Final Offer

When deemed appropriate by the Contract Review Team, after the submission of Proposals but before the final selection of the successful Proposal(s), TTU may permit Proposers to revise their Proposals in order for TTU to obtain a best and final offer. TTU is not bound to accept the best and final offer if it does not represent the Best Value to TTU as determined by the Contract Review Team. TTU reserves the right to further negotiate with any successful Proposers.

3.10 Protest Procedures

Any actual or prospective Proposer or Contractor who believes they have been aggrieved in connection with the Solicitation, evaluation, or Award of a Contract may formally protest to the Assistant Vice President and Chief Procurement Officer.

https://www.depts.ttu.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor-Protest- Procedures-2022.pdf

3.11 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, specifications (if applicable), and a written Contract (if applicable). When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents.

3.12 Not Exclusive

Proposer acknowledges and agrees that the Contract with TTU is non-exclusive and TTU has the right to engage with other proposers for similar or identical scopes of Services, and to purchase similar or identical Services from other proposers. Any term or provision in the Proposer’s terms indicating the Contract is exclusive is expressly rejected and is null and void.

https://www.depts.ttu.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor-Protest-Procedures-2022.pdf https://www.depts.ttu.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor-Protest-Procedures-2022.pdf

Rev. August 8, 2024 Page 10 of 21

SECTION 4

ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact ("Primary Contact")

Crystal Leal

Solicitations.purchasing@ttu.edu

Texas Tech University

TTU Plaza Suite # 408

Box 41094

Lubbock, TX 79409-1094

4.1.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review

TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTU Primary Contact.

4.1.2 Except as provided in this RFP (e.g., designated Point of Contact) and as otherwise necessary for the conduct of existing TTU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTU personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that

TTU determines is contrary to the prohibitions outlined in this section, TTU may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

4.2 Event Information

4.2.1 Schedule of Events

TTU intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP December 9, 2024 1:00 PM

Deadline for Submission of Written Questions

December 20, 2024 1:00 PM

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date January 29, 2025 1:00 PM

Online Proposal Opening January 29, 2025 1:00 PM TEAMS LINK

Evaluation of Proposals February 2025-April 2025

Award Recommendation May 2025-August 2025

* All dates are tentative and subject to change.

mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGZkN2Y3NDYtZTc3Zi00NjRkLWIwYWItNmFiNjUyNzM1NGU1%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%227d22b15a-69c2-43b3-a665-5b45f3408391%22%7d

Rev. August 8, 2024 Page 11 of 21

4.2.2 Solicitation Conference

A Solicitation Conference will not be conducted for this RFP.

4.2.3 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section

Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

4.3 References

The Proposer must submit a list of five clients and contact information for whom similar materials and services have been provided. These clients may be contacted by TTU, and the information received will be used during the evaluation and assessment of the Proposer's performance.

4.4 Licenses

Proposers must submit verification that the Proposer has all licenses (including, but not limited to, software licenses) necessary for the Services contemplated under this RFP, as applicable e.g., business licenses, business certifications, professional licenses, third party software licenses, if applicable, etc. Licenses may be verified during the evaluation process.

4.5 Term of Award

The maximum term for an awarded Contract under this RFP is anticipated to begin the date of the last signature, whichever is later, and to expire four (4) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to four (4) one (1) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days prior to the end of the initial or then current renewal term. The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed five (5) year's total term with renewals.

4.6 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Materials or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas legislature and

Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

http://www.depts.ttu.edu/opmanual/OP72.12.pdf

Rev. August 8, 2024 Page 12 of 21

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a

HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

4.7 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are subcontracting opportunities in the performance of the Scope of Work of this

Solicitation, and/or any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. A Letter of HUB Commitment (“HUB Letter”) will be required with each submission of a Proposal to the RFP. An example of a HUB Letter has been provided (Attachment A) for reference. The HUB Letter will state the Proposer’s intent to submit a completed HSP, and any supporting documentation required per the HSP (e.g., proof of Good Faith Effort) when requested by Procurement Services and/or a supplemental Construction

Agreement. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

Proposers will be required to submit a Letter of HUB Commitment (example in Attachment A) attesting that the

Proposer has read and understands TTU’s policy on Historically Underutilized Businesses (HUBs). Proposer(s) must submit a HSP with each project that will exceed $100,000. In addition, TTU expects the Proposer(s) to make best efforts to accomplish TTU’s HUB goal percentages averaged across the master agreement. The HUB goal percentages for TTU are subject to change each fiscal year (October). If the Proposer is extending the terms and conditions of the

Master Agreement to other TTUS component institutions or other State of Texas agencies, the Proposer must confirm the goals with each entity as they will vary.

4.7.1 HSP Resources

i. HSP preparation assistance: solicitations.purchasing@ttu.edu.

ii. Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

iii. State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

4.7.2 TTU’s FY 2025 HUB Goals are:

i. 21.1% for all building construction, including general contractors and operative builders' contracts;

ii. 26.0% for all other services contracts

4.8 Uniform General Conditions

Capitalized terms are as defined in the Uniform General Conditions and Supplemental General Conditions, (references in this Contract to the Uniform General Conditions and Supplemental General Conditions are to the

Uniform General Conditions and the Supplementary General Conditions (revised 11/30/2022:

https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_11-30-2022.pdf).

https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_11-30-2022.pdf

Rev. August 8, 2024 Page 13 of 21

4.9 Right to Modify, Rescind, or Revoke the RFP

TTU reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which

TTU executes a Contract with the selected Proposer(s).

4.10 Rights of Review and Award

TTU reserves the right to accept or reject any and all Proposal or any part of a Proposal and waive informalities, technical defects, and minor irregularities in the Proposals received. Further, TTU reserves the right to make a single award, split awards, make multiple awards, or no award whichever is in the best interest of TTU. This RFP does not commit TTU to select a Proposer or to award a Contract to any Proposer.

TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this RFP, any

Proposer who has submitted a Proposal may elect to resubmit the original Proposal.

A Proposal consisting of only alternate Materials or Services (i.e., a Proposal that offers Materials or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential

Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or

Contract termination and may result in debarment of the Contractor from future TTU Solicitations.

TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

4.11 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the

Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the

Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

4.12 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and

TTU Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating

Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

4.13 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TTU’s General Terms and Conditions contained in the RFP, as well as the

TTU Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTU. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, TTU, at its sole discretion, may review and, if deemed in TTU’s best interest, disqualify the Proposal from consideration.

http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. August 8, 2024 Page 14 of 21

4.14 Right of Rejection

4.14.1 This RFP does not commit TTU to select a Proposer or to Award a Contract to any Proposer. TTU reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

4.14.2 A Proposal consisting of only alternate Materials or Services (i.e., a Proposal that offers Materials or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Proposer from future TTU Solicitations.

4.14.3 TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this

RFP, any Proposer who has submitted a Proposal may elect to resubmit the original Proposal.

4.14.4 TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

4.15 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Chief Procurement Officer, or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for

Materials or Services. Proposals shall be valid for TTU’s acceptance until the award of the Contract(s) to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall be incorporated into the executed Contract and remain valid for the duration of the Contract.

4.16 Use and Disclosure of Information

Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the

Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY

INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer or

Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas

Legislative Budget Board requirements.

TTU reserves the right to contact references or contact names listed below and shall be free from any liability to

Proposer for conducting such inquiry.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Rev. August 8, 2024 Page 15 of 21

4.17 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that TTU may procure Materials or Services for itself or on behalf of any TTU System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Materials or Services requested in this RFP.

4.18 E-commerce

TTU utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTU requirements for participating in electronic commerce.

4.19 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Chief Procurement Officer.

However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals.

Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTU.

4.20 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to

Procurement Services at TTU, as detailed in this RFP.

4.21 Digital Signature

Proposers must sign documents and correspondence using software approved by the TTU. To be approved by TTU, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction

Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. TTU utilizes

Adobe Sign for its signature process. TTU will support other digital signature platforms as long as they comply with this policy.

4.22 Proposer Registration

If the Proposer is not already set up as a TTU Vendor, the Proposer will be required to register through TTU’s

PaymentWorks system. Any modification to the Proposer’s address, tax identification number, or banking information is required to be modified through PaymentWorks.

4.23 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. August 8, 2024 Page 16 of 21 lines insurers operating in accordance with the Texas Insurance Code.

TTU in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTU maintains.

4.23.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability

Workers Compensation (Coverage A) Statutory

Employer’s Liability (Coverage B) $1,000,000

Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles)

Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

4.23.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Materials or Services-completed operations and liability assumed under an insured Contract.

i. If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

ii. Contractor will name TTU, and its Board of Regents, officers, employees, agents, and volunteers as

Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

iii. The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

4.23.3 Builder’s Risk Insurance Coverage

Builder’s Risk coverage should be adequate and comparable to the needs of the individual projects as detailed by the proposal, the Purchase Order, and/or the project contract.

4.23.4 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring TTU. With the exception of the Workers'

Compensation policy, TTU must be an additional insured on all policies.

4.23.5 Certificates of Coverage

http://www.texas-statutes.com/insurance-code

Rev. August 8, 2024 Page 17 of 21

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to TTU, certifying that the

Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement

Services at procurement.insurance@ttu.edu. Failure of TTU to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

4.23.6 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTU. If the Contractor fails to obtain such an insurance policy, TTU may immediately terminate the Contract after providing the Contractor with notice of such termination.

4.24 Compensation and Fees

4.24.1 Provide a detailed compensation schedule for the Materials provided or Services to be performed in response to this RFP. Proposed pricing will apply to every TTU department requesting Materials or Services and cannot be limited to select departments. Proposer(s) shall submit a schedule that clearly details the various compensation amounts and fees that will apply if the Proposer is awarded a Contract with TTU. TTU will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

4.24.2 Proposer(s) shall provide pricing based on a discount from a manufacturer's price list or catalog, or fixed price, or a combination of both indefinite quantities. Additional pricing and/or discounts may be included. If

Proposer(s) has existing cooperative contracts in place, Proposer(s) is requested to submit pricing equal or better than those that are in place. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply.

4.24.3 Contract Pricing: Contract prices for Materials or Services will remain firm for twenty-four (24) months following Contract execution.

i. After the initial twenty-four (24) month period and on each annual anniversary date of the Contract thereafter, the Contract may be subject to an increase not to exceed three percent (3%). The first escalation would be applicable on the second anniversary of the Contract or the renewal date, based upon the three percent (3%) increase listed above. Each succeeding year, the same three percent

(3%) increase will be used until all remaining optional renewals have been completed.

ii. In the event there is a significant reduction in costs of materials or labor, TTU will work with the

Proposer to negotiate a reasonable increase less than the standard three percent (3%).

4.24.4 In addition to the financial offers, please propose a financial commitment to assist TTU. Options may include a signing bonus, scholarships, sponsorship internships, commitment to hire TTU graduates, or a (%) percentage rebate. All offers are subject to TTU approval and Operating Policies and Procedures.

4.25 Invoicing and Payment

4.25.1 Proposer(s) shall submit invoices by electronic means to TTU Payment Strategies

(payment.strategies@ttu.edu) and provide support for allocation of premium to the components as may be mailto:procurement.insurance@ttu.edu mailto:payment.services@ttu.edu

Rev. August 8, 2024 Page 18 of 21 required.

4.25.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid

TTU Purchase Order, or the invoice will be returned as non-compliant. No commitment for Materials or

Services is valid without a TTU Purchase…