ESBD_405413_1743092433724_RFP 737-25 Nano Indenter.pdf

REFER INQUIRIES TO:

Kailee Malleck Contracts & Materials Management Office

Email: c_admin@angelo.edu Deadline date for questions:

April 10, 2025

RFP Number: 737-25-Nano-Indenter

RFP FOR

purchase of a nano-indenter to conduct research and use is laboratory teaching

RELEASE DATE: March 27, 2025

PROPOSALS MUST BE RECEIVED BEFORE: April 18, 2025, 3:00 PM, CENTRAL

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 of a Contract if one is made.

REQUEST FOR PROPOSAL

mailto:c_admin@angelo.edu

Angelo State University RFP 737-25 Nano-Indenter

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION

1.2 Information about Angelo State University

1.3 Scope of Goods or Services

1.4 Schedule of Events

1.5 ASU’s Right to Reject

1.6 Historically Underutilized Business (HUB) Vendors

1.7 Definitions/Glossary of Terms

SECTION 2 PROPOSAL REQUIREMENTS AND PROCEDURES

2.2 Communications with ASU Personnel

2.3 Proposal Formatting and Presentation Requirements

2.4 Submittal Instructions

2.5 HUB Subcontracting Plan

2.6 Right to Modify, Rescind, or Revoke the RFP

2.7 Signature and Certification of Proposer

2.8 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, ASU Policies and Procedures

2.9 Compliance with RFP Requirements

2.10 Right of Rejection

2.11 Binding Effect of Proposal

2.12 Use and Disclosure of Information

2.13 Validity Period

2.14 Extension of Pricing and Terms and Conditions

2.15 Withdrawal or Modification

2.16 Risk of Loss, Damage, Delay

2.17 List of Proposals

2.18 Invoicing and Payment

SECTION 3 EVALUATION AND AWARD PROCESS

3.2 Proposer’s Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Consideration of Additional Information

3.5 Oral Presentations/Interviews

3.6 Best and Final Offer

3.7 Award of Contract

3.8 Proposer/Vendor Protest

3.9 Contract Documents

3.10 BOR Approval

SECTION 4 GENERAL TERMS AND CONDITIONS

SECTION 5 AFFIRMATION AND CONFLICT OF INTEREST DISCLOSURE

SECTION 1 GENERAL INFORMATION

1.1 Introduction

Angelo State University (“ASU”) is seeking competitive responses to a Request for Proposal (“RFP”) for the purchase a nano-indenter to conduct research and use is laboratory teaching at ASU. This RFP provides sufficient information for interested parties to prepare and submit Proposals for consideration by ASU.

Additional information may be made available by written request to the purchaser indicated in the section entitled “Questions by Proposers.” Each Proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of ASU’s needs.

By submitting Proposals, each Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each Proposer also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected by ASU, the vendor will notify ASU immediately of any material change in any matters with regard to which the vendor has made a statement or representation or provided information.

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

1.2 Information about Angelo State University

Founded as San Angelo College in 1928, Angelo State University is a dynamic higher education learning community located in the heart of West Texas. Ranked by The Princeton Review as one of the nation’s “Best Colleges” every year since 2010, ASU offers over 100 majors and concentrations through our six academic colleges:

• Archer College of Health and Human Services

• College of Arts and Humanities

• Norris Vincent College of Business

• College of Education

• College of Graduate Studies and Research

• College of Science and Engineering

Within the colleges, students may choose from 49 undergraduate degrees, 28 master’s degrees and four doctoral degrees. With a 19:1 student-to-faculty ratio, students receive more personal attention from instructors who are likely to possess doctoral degrees.

ASU’s Distinguished Scholarship is available exclusively to Angelo State students. About 45% of students receive an ASU Distinguished Scholarship, with approximately 90% of students receiving some form of financial aid. In 2021-22, Angelo State awarded over $52 million through scholarships, grants and other aid programs.

http://www.angelo.edu/dept/health_and_human_services/ http://www.angelo.edu/dept/arts-humanities/ http://www.angelo.edu/dept/business/ http://www.angelo.edu/dept/ceducation/ http://www.angelo.edu/dept/graduate-studies/ http://www.angelo.edu/dept/science-engineering/

Other facts about Angelo State University:

• Designated a Hispanic Serving Institution by the U.S. Department of Education since 2010.

• Over 100 registered student organizations

• 29 intramural and club sports teams

• Residence halls ranked top 10 in the “2022 Best College Dorms in Texas” by niche.com.

• 15 NCAA Division II athletic teams

• Lone Star Conference member

1.3 Scope of Goods or Services

Angelo State University requests Proposals provide more information. This Request for Proposal (RFP) and any Agreement resulting from this Request for Proposal shall be for Angelo State University to purchase a nano-indenter to conduct research and use is laboratory teaching. Bids must have the below specifications.

1) Must be able to do nano-indentation test of Metals. Include what additional material can be tested with the nano-indenter, such as ceramics, polymers, etc.

2) Minimum/Maximum force required: 500 mN minimum, around 1000 mN or 1500 mN would be better with high resolution (include your system resolution and displacement range); high resolution and displacement range will be considered.

3) Must have a motorized x-y sample stage with several cm each dimension (5 cm or more preferred)

4) Must include Continuous Stiffness Measurement System; additional features are optional, if available would be considered. Include additional features available.

5) Must be compatible with Berkovich indenter tip; additional interchangeable tips are optional and may be considered for future use. Include additional compatible tips, whether additional tips will need a different actuator and can be changed by the user.

6) Must come with a computer system and required software for testing, data acquisition/exporting, data review/processing, and material properties.

7) The provider must have a high-temperature testing chamber/stage for future purchases compatible with the nano-indenter. Please include the price of the high-temperature testing chamber/stage.

8) Must have a video microscope for positioning. Preference will be given to the high resolution and zoom capacity.

9) Must come with environmental isolation enclosure for noise reduction

10) Include detailed specifications of each item

11) Include warranty and installation conditions

12) Final total sales price with itemized price, please provide optional pricing for high-temperature chamber, interchangeable tips, different testing modes and extended warranty.

13) Availability of Product after selection date http://www.angelo.edu/services/student_organizations/registered_student_orgs.php http://www.angelo.edu/dept/university_recreation/intramurals.php https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ncaa.org%2Fd2&data=05%7C01%7Cbrittney.miller%40angelo.edu%7Cd397eaee3a2d40c7c8d608db44e942f4%7C7cf1d10035b04ceca70d9b8bd80b9ad0%7C0%7C0%7C638179540872748743%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2BJNyNHIQEsXN8KK4nWLZuwWqo9juxRWjeMDpdpWsllU%3D&reserved=0 https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lonestarconference.org%2F&data=05%7C01%7Cbrittney.miller%40angelo.edu%7Cd397eaee3a2d40c7c8d608db44e942f4%7C7cf1d10035b04ceca70d9b8bd80b9ad0%7C0%7C0%7C638179540872904973%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xawzfa1Yv7HOwg8%2FRJencm4sz4Xw5ZISjaF0OxHoEBo%3D&reserved=0

1.4 Schedule of Events

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

DATE EVENT

3-27-2025 RFP Release to Vendors 4-10-2025 by 3:00 PM Central Deadline to Submit Questions 4-18-2025 by 3:00 PM Central Deadline for Submission of Proposals 5-09-2025 Vendor Selection by Committee 5-10-2025 Anticipated Award of Contract

*All dates are tentative and subject to change*

1.5 ASU’s Right to Reject

This RFP does not commit ASU to select a Proposer or to award a Contract to any Proposer. ASU reserves the right to accept or reject, in whole or in part, any Proposal it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract. Proposals which are qualified with conditional clauses or alterations or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by ASU at its option. If ASU receives fewer than three Proposals, ASU has the right to reissue this RFP in order to gain additional competitive Proposals. If ASU reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal. ASU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

1.6 Historically Underutilized Business (HUB) Vendors

Angelo State University, as part of the Texas Tech University System (TTUS), endeavors to promote full and equal opportunity for businesses to supply ASU with goods and/or services that are necessary to support ASU’s educational mission. In this regard, ASU commits to select Proposers in accordance with (i) ASU needs, (ii) ASU resources, (iii) HUB goals and guidelines established by the Texas legislature and Texas Procurement and Support Services (TPASS), and (iv) ASU policies and procedures for contracting with HUBs, specifically Operating Policy 54.02 Historically Underutilized Businesses. Proposers and Vendors shall allow ASU full access to documentation relating to HUB program and any HUB Subcontracting plans.

Failure to comply with any provision of the state or ASU’s HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

Vendors shall be awarded evaluation points based on HUB qualification or HUB subcontractor utilization.

For vendors who are not qualified as a HUB vendor, the Mentor-Protégé program provides for HUB utilization credit. For additional information about the Mentor-Protégé program, please see the link: HUB Mentor Protégé Program (texas.gov) or State Purchasing (texas.gov).http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/ For additional information regarding the HUB program at ASU, please email c_admin@angelo.edu https://www.angelo.edu/content/files/14506-op-5402-historically-underutilized-businesses https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php https://comptroller.texas.gov/purchasing/ https://comptroller.texas.gov/purchasing/ http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/

1.7 Definitions/Glossary of Terms

Addendum: A written change, addition, alteration, correction or revision to a Solicitation document or a Contract.

Amendment: An agreed addition to, deletion from, correction, or modification of a Contract signed by all authorized parties. An Amendment may include a renewal or extension of a Contract.

Assignment: An authorized legal transfer of contractual rights from one party to another party.

Award: The act of accepting a bid, Proposal or offer; thereby resulting in a Contract between ASU and a vendor.

Best and Final Offer (BAFO): The result of final negotiations with responsive vendors during the RFP process.

Best Value: Factors to be considered in determining best overall value for ASU in accordance with Texas Education Code §51.9335 (b).

Comptroller: The Texas Comptroller of Public Accounts.

Conflict of Interest: A Conflict of Interest refers to a situation in which an employee’s financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of affecting, the employee’s judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to ASU. ASU OP 06.22.

Consultant: An individual or firm that provides Consulting Services to an Institution and does not involve the traditional relationship of employer and employee. Texas Government Code § 2254.021.

Consulting Services: The Services of studying and advising an Institution per Texas Government Code, §

2254.021. Consulting Services must be approved by the TTU System Board of Regents per Regents’ Rule Chapter 07.

Contract: A legally binding written agreement executed between ASU and a third party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to: letter agreements, co-operative agreements, memorandums of understanding (MOU), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders.

Contract Administration: Following the award of a Contract, the department level actions to oversee full compliance with all of the terms and conditions contained within a Contract.

Contract Administrator: The Contract Administrator is the department level individual responsible for adherence to all provisions contained within a Contract and for managing the performance of a Contract.

Contract Close-out: The process conducted at the completion of the Contract during which the Contract Administrator confirms and documents compliance with the terms and conditions of the Contract, final Deliverables are received, and outstanding payments are made.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.depts.ttu.edu/opmanual/OP10.02.pdf http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2254.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2254.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2254.htm http://www.depts.ttu.edu/oppol/Chapter07.pdf http://www.depts.ttu.edu/oppol/Chapter07.pdf

Contract Management: The complete contracting process from Planning through Contract formation, administration and Contract Close-out.

Contract Review Team: A team comprised of such members as the Contract Manager, the Contract Administrator, and as needed, cross-functional members such as: subject matter experts, information technology, risk management, legal, and price/cost analysts. The size and the members of the team are dependent on the nature and complexity of the project.

Contractor: An entity or individual that has a Contract to provide Goods or Services to ASU. For the purposes of this RFP, Contractor is used interchangeably with the term “Proposer”.

Desktop Delivery: Ability to deliver office supply commodities directly to the ordering ASU department or ASU department designee if designee places orders for multiple component departments.

Escalation Clause: Provision in a Contract that allows for increasing or decreasing the contracted price for goods or services in step with market prices, an agreed-upon benchmark such as the consumer price index, or when maintenance and operating costs go up or down.

Fiscal Year (FY): The 12-month period covered by the State of Texas’s yearly budget, September 1 through August 31.

Goods: Supplies, materials, or equipment as defined in Texas Government Code §2155.001. Goods do not include Services or real property.

Liquidated Damages: A specified Contract provision which entitles ASU to demand a set monetary amount determined to be a reasonable estimate of damages ASU will incur due to Contractor’s failure to meet Contract requirements.

Negotiations: Conferring, discussing, or bargaining to reach a mutual agreement between two or more parties.

Operating Policies and Procedures: The manuals maintained by ASU to standardize and provide a consistent and coherent method of defining Institutional policies.

Originating Department: The ASU department from which a Solicitation or Procurement is originated.

Procurement (Procure): Purchasing, renting, leasing, or otherwise acquiring any Goods or Services, including all functions that pertain to the acquisition through Contract Close-out.

Proposal: An offer submitted by a Proposer/vendor in response to an RFP intended to be used as a basis to negotiate a Contract.

Proposer: The supplier of goods and/or services who submits a Proposal in response to the RFP. Note:

the terms “Proposer” and “vendor” may be used interchangeably in the RFP depending on the stage in which the supplier of goods and/or services is with regard to doing business with ASU.

Purchase Order: A signed written acceptance of an offer from a vendor. A purchase order may serve as http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm http://www.angelo.edu/searchResults.php?q=operating+policies&sa=#gsc.tab=0&gsc.q=operating%20policies&gsc.page=1 the legal and binding Contract between parties.

Regents’ Rules: Rules established by the Texas Tech University System Board of Regents that govern all component Institutions within the Texas Tech University System, including ASU.

http://www.texastech.edu/board-of-regents/regents-rules.php

Renewal: the process where an existing Contract is renewed for an additional time period in accordance with the terms and conditions of the original Contract.

Request for Proposal (RFP): A Solicitation requesting submittal of a Proposal in response to the required Specifications and usually includes some form of a cost Proposal. The RFP process allows for Negotiations between a Proposer and ASU.

Responsible: A Proposer who is fully capable to meet all of the financial and technical requirements of a Solicitation and any subsequent Contract.

Responsive: The Proposer has complied with all material aspects of the Solicitation, including submission of all required documents in accordance with the Specifications.

Request for Proposal (RFP): A formal solicitation requesting submittal of a Proposal in response to the required scope of services that usually includes some form of a cost proposal.

Scope of Work (or “SOW”): A detailed, written description of the conceptual requirements contained within the Specifications.

Scoring Matrix: A chart used to document the evaluation criteria of a Proposal.

Service(s): The furnishing of labor, time, and effort by a Contractor or Auxiliary Enterprise, including for a construction project, which may involve to a lesser degree, the delivery or supply of products.

Solicitation: A method or process used to obtain Responses for the purpose of gathering information or entering into a Contract.

Solicitation Conference: A meeting chaired by the Purchasing or Contracting Office which is designed to help potential Proposers understand the requirements of a Solicitation. May also be known as a Pre-proposal Conference.

Specification(s): Description of the requirements for Goods or Services including the Scope of Work, to be fulfilled by a Contractor.

State: The State of Texas.

Statute: A law enacted by a legislature.

Subcontractor: An individual or business entity retained by a Contractor to perform part of a Contractor’s duties under a Contract.

Vendor: A supplier of goods and/or services that is awarded a Contract with ASU.

http://www.texastech.edu/board-of-regents/regents-rules.php

Vendor Debarment: The status of any Vendor who is debarred from conducting business with ASU by either the Texas Comptroller or the federal government. Debarment protects the State from risks associated with awarding Contracts to Vendors who have exhibited an inability or unwillingness to fulfill contractual requirements or who have displayed improper conduct. Debarment may include a Vendor’s successors-in-interest. Debarment does not relieve the Vendor from responsibility for fulfilling existing obligations.

Vendor Performance Form: A form prepared by the ASU Contract Administrator that reports satisfactory and unsatisfactory performance by a Contractor.

SECTION 2 PROPOSAL REQUIREMENTS AND PROCEDURES

2.1 Questions by Proposers

Questions must be submitted in writing by the date indicated in the section entitled “Schedule of Events” Section 1.5, above. The questions, written ASU response, and addenda related to the RFP, if any, will be posted on the Electronic State Business Daily website available at https://www.txsmartbuy.gov/esbd Only those replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. If ASU determines a question has been sufficiently answered in the RFP, the inquiring Proposer will be referred to the relevant section of the RFP.

Note: It is the responsibility of the Proposer to check the Electronic State Business Daily website for any and all addenda posted for this RFP.

Questions must be emailed, faxed or submitted in writing to the following no later than Thursday, April 10, 2025 3:00 PM Central Time:

Kailee Malleck c_admin@angelo.edu Angelo State University ASU Station #11010 San Angelo, TX 76909 Fax: (325) 942-2010

2.2 Communications with ASU Personnel

Except as provided in this RFP and as otherwise necessary for the conduct of ongoing ASU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with ASU personnel who are involved in any manner in the review and/or evaluation of the Proposals, selection of a Proposer, and/or negotiation or formalization of a Contract. If any Proposer engages in conduct or communications that ASU determines is contrary to the prohibitions set forth in this section, ASU may, at its sole discretion, disqualify the Proposer and withdraw the Proposer’s Proposal from consideration.

Any notice under this Contract shall be in writing and delivered to the party to be notified. Notice will be effective upon delivery or four (4) business days after the date of mailing. The name and address of the person who may be contacted on behalf of ASU for purposes of notice is the purchaser indicated in section 2.1.

2.3 Proposal Formatting and Presentation Requirements

2.3.1 The Proposal itself must contain all the components in the following order:

• Background of the Proposer

• Proposer's response to the Scope of Work

• Schedule of costs and fees

• Insurance

• HUB subcontracting plan or Mentor-Protégé Agreement (REQUIRED)

• Signed Affirmation and Conflict of Interest.

2.3.2 Unless specified otherwise by ASU in writing, the Proposal may not exceed one hundred pages.

https://www.txsmartbuy.gov/esbd

2.3.3 The Proposal must include a cover page, providing the Proposer’s Name, Address, and contact information (email and phone number); the RFP name; and RFP number.

2.3.4 The Proposal must include a table of contents, which should contain sufficient detail to facilitate easy reference to the sections of the Proposal, as well as separate attachments.

2.3.5 All pages are to be typed on 8 ½ x 11-inch paper and numbered sequentially.

2.4 Submittal Instructions

2.4.1 Proposals should be emailed to c_admin@angelo.edu on or before the date and time indicated in the section entitled, “Schedule of Events,” under Section 1.5, above.

A. All Proposals must be received by ASU no later than the date and time indicated in the section entitled “Schedule of Events,” under Section 1.5, above.

2.4.2 All Proposals must be signed by the responding company’s official authorized to commit such Proposals. Failure to sign the section and form will be basis for Proposal disqualification.

2.4.3 Late Proposals will not be considered under any circumstances.

2.5 HUB Subcontracting Plan

ASU has determined that there are subcontracting opportunities. If ASU determines that there are subcontracting opportunities, the Proposer must include a subcontracting plan even if the Proposer intends to self-perform. Supporting documentation must be submitted with the subcontracting plan. Credit can be received for first and second tier (subcontractors of subcontractors). The Proposer will receive evaluation points for the use on any HUB subcontractor even if it is subcontract usage.

ASU is relying upon the Proposer’s expertise to fully identify subcontracting opportunities that best align with their organization and this procurement request. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted. In accordance with 34 TAC §20.11, a subcontractor means a person who contracts with a prime contractor to work, to supply commodities, or contributes toward completing work for a governmental entity. HUB Subcontracting Plan (HSP) forms can be found at under the “Historically Underutilized Business (HUB) Program” link. If Proposers need assistance with the HSP form or identifying potential subcontractors, contact Kailee Malleck, Director of Contracts and Procurement, at c_adim@angelo.edu. Failure to submit a completed HUB Subcontracting Plan when HUB subcontracting opportunities exist will result in rejection of the Proposer’s/vendor’s Proposal.

To find ASU’s current HUB Purchasing Goals please visit https://www.angelo.edu/administrative-support/purchasing/hubinfo.php.

2.6 Right to Modify, Rescind, or Revoke the RFP

ASU reserves the rights to modify, rescind, and/or revoke this RFP in whole or in part at any time prior to the date on which the authorized representative of ASU executes a Contract with the selected Proposer.

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ mailto:c_adim@angelo.edu https://www.angelo.edu/administrative-support/purchasing/hubinfo.php https://www.angelo.edu/administrative-support/purchasing/hubinfo.php

2.7 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is authorized to bind the proposing vendor to the terms and conditions contained in this RFP and to compliance with the information submitted in the Proposal. Each Proposer submitting a Proposal certifies to both (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Proposal to bind the Proposer to the terms and conditions set forth in this RFP. Proposals submitted without the required signature shall be disqualified.

2.8 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, ASU

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 with all applicable policies and procedures of the Texas Tech University System and Angelo State University. ASU policies and procedures may be accessed at http://www.angelo.edu/opmanual/.

2.9 Compliance with RFP Requirements

By submitting a Proposal and by signing Section 7 of this RFP, a Proposer agrees to 1.) be bound by the requirements set forth in this RFP and 2.) be bound by Section 6 General Terms and Conditions, which will govern any contract awarded by ASU. ASU, at its sole discretion, may disqualify a Proposal from consideration if ASU determines a Proposal is non-responsive and/or non-compliant in whole or in part with the requirements set forth in this RFP.

2.10 Right of Rejection

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by ASU and is subject to rejection. ASU 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. Regardless of the time of detection, ASU 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 ASU Solicitations.

2.11 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Executive Director of Contracts & Materials Management, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for services.

2.12 Use and Disclosure of Information

Proposers acknowledge that ASU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act (Texas Gov't Code Ch. 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 http://www.angelo.edu/opmanual/ proprietary will be used by ASU only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer pursuant to the RFP process, and (c) negotiation and execution of a Contract, if any, with the Proposer selected.

If the Proposer marks the whole Proposal or substantive portions of the Proposal as confidential, ASU in its sole discretion may declare the Proposal non-responsive.

By submitting a Proposal, Proposer hereby grants a limited license to reproduce the Proposal in order to comply with any legal requirement including but not limited to the Texas Public Information Act and legislative budget board requirements.

2.13 Validity Period

Proposals must be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

2.14 Extension of Pricing and Terms and Conditions

Proposers are requested to extend the pricing and all terms and conditions offered in their Proposal to other Texas state agencies, as well as other State of Texas institutional agencies. In the event an Award is made, the individual agencies may or may not elect to use the Contract.

2.15 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 in extension or as part of the negotiating process. However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. No Proposal may be withdrawn after the submittal deadline without approval by ASU, which shall be based on Proposer’s submittal in writing of a reason acceptable to ASU.

2.16 Risk of Loss, Damage, Delay

Proposer acknowledges and agrees to release and hold harmless ASU and the TTUS, including their respective 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 submission or delivery of the Proposal or failure to submit or deliver the Proposal to the Purchasing Office at ASU, as designated in the submittal instruction sections of this RFP.

2.17 List of Proposals

Proposers requesting a list of Proposals submitted can email the purchaser listed in section 2.1.

2.18 Invoicing and Payment

Angelo State University is a governmental entity and is required to follow the Prompt Payment Act as defined in Texas Government Code Chapter 2251. This law states that payments are due thirty (30) days after the latest of: 1) the date goods are received; 2) the date contracted services are completed; or 3) the date a valid invoice is received by the ASU Accounts Payable office for the good or services. Chosen Proposer shall submit invoices to:

Accounts Payable Department

ASU Station #11034 San Angelo, TX 76909-1034

325.942.2270 or fax: 325.942.2747

All invoices must reference a valid Purchase Order or the invoice will be returned as non-compliant. No commitment for Goods or Services shall be placed without a valid Purchase Order.

Proposer(s) may submit a Proposal for a prompt payment discount.

Goods/Services will be considered received when they have been accepted as usable by the end user.

Invoices must be complete and delivered to the official billing address (listed above) as printed on university purchase orders. An invoice is NOT complete if it contains items that have NOT been delivered. Payments should be scheduled to be paid as close to the 30-day limit as possible. Early payments may be made if a discount is available or if there is a contractual agreement to pay sooner. ASU sends an electronic copy of the payment information if email information is available.

Prior to a PO being issued, the chosen vendor will receive an email invite to set up an account and complete the ASU vendor onboarding process through PaymentWorks. PaymentWorks is ASU’s third-party vendor setup application, which is a secured portal to protect sensitive payee information.

SECTION 3 EVALUATION AND AWARD PROCESS

3.1 Evaluation Process

ASU will utilize a Proposal evaluation team for the assessment of this RFP. The award will be based on the Proposal judged to be in the best interest of ASU, and the judgment in this regard shall be considered final. Any Contract resulting from this request shall be awarded to the Proposer providing the “best value” to ASU.

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

3.2 Proposer’s Acceptance of Evaluation Methodology

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

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet ASU’s requirements and to provide the best value to ASU. Proposals shall be evaluated by assigning points to each of the items below.

Criteria Weight Pricing 45% Availability and ease of service and warranty work 20% Delivery Date 10% Features and options on the Nano-Indenter 25% Total 100%

3.4 Consideration of Additional Information

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

3.5 Oral Presentations/Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations/interviews are an option of the evaluation team and may or may not be conducted; therefore, Proposals should be complete when submitted by the deadline indicated in the section entitled “Schedule of Events,” Section 1.5, above.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335

3.6 Best and Final Offer

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

3.7 Award of Contract

ASU reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all Proposals if deemed to be in the best interests of ASU and to re-solicit for Proposals, or temporarily or permanently abandon the solicitation. If ASU awards a Contract, it will award the Contract to the Proposer(s) whose Proposal is the most advantageous to ASU, considering price and the evaluation factors set forth in this RFP.

ASU intends to negotiate and award a Contract or multiple Contracts to a vendor (or, as applicable, vendors) submitting a Proposal(s) that the evaluation committee determines best meets ASU’s requirements and that is considered to represent the best value to ASU. No Contract resulting from this RFP will be exclusive and ASU reserves the right to enter into one or more Contracts covering the same or similar scope of services. Any term or provision in the Contractor-provided terms indicating the Contract is exclusive is expressly rejected and is null and void. ASU may divide obligations between awarded vendors or choose more than one vendor to perform the same or similar scopes of work.

The Proposer may submit its standard contract for review by ASU. The Contract entered into by the parties shall consist of the RFP, the signed Proposal submitted by the vendor, the specifications including all the modifications thereof, a written contract, and purchase order(s), all of which shall be referred to collectively as the “Contract” documents.

3.8 Proposer/Vendor Protest

Any actual or prospective Proposer or vendor who is aggrieved in connection with the solicitation, evaluation or award of a Contract may formally protest to the Contracting Office by emailing c_admin@angelo.edu.

3.9 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, a written Contract (if applicable), and a Purchase Order(s) when an expenditure is required, all of which shall be referred to collectively as the Contract documents.

3.10 BOR Approval

Any resulting Contract may be subject to review and approval by the Board of Regents of Texas Tech University System (the “BOR”). If the BOR does not approve the agreement, then the agreement is null, void, and of no effect. Rules governing the approval and execution of contracts can be viewed here: The Rules & Regulations of the Board of Regents, Chapter 07 - https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 General

By your signature on the Proposal submitted in response to this RFP, you agree to be bound by these General Terms and Conditions, which will be made a part of and govern any Contract/purchase orders resulting from this RFP. For reference purposes, an example contract (Exhibit 2) is provided. In addition, ASU purchase order terms and conditions posted on the ASU Purchasing Office website shall apply to all purchases of goods and services by ASU.

4.2 Publicity

Vendor agrees that it shall not publicize a Contract or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of ASU’s name or protected marks in connection with any sales promotion or publicity event without the prior express written approval of ASU.

4.3 Independent Contractor Status

This Contract does not form a joint venture or partnership. ASU will not be responsible for the Federal Insurance Contribution Act payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payment, nor will ASU furnish medical or retirement benefits or any paid vacation or sick leave. Vendor is responsible for conduct of its business operation.

4.4 Subcontractors

Subcontractors providing services under the Contract shall meet the same requirements and level of experience required of the Proposer. No subcontractor under the Contract shall relieve the Proposer of the responsibility for ensuring the requested services are provided. Proposers planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors in their submitted Proposals and shall pay such subcontractors in compliance with Texas Government Code §2251.022. If selected by ASU, vendor will not delegate any of its duties or responsibilities under this RFP or the Contract to any subcontractor, except as expressly provided in the Contract.

http://www.angelo.edu/services/purchasing/vendors.php http://www.angelo.edu/services/purchasing/vendors.php

4.5 Insurance Requirements

4.5.1 The vendor agrees to furnish insurance certificates reflecting the following coverage:

Commercial General Liability General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Damage to Rented Premises $100,000 Medical Payments (Any One Person) $5,000

Liquor Liability (if applicable) Each Occurrence $100,000 Aggregate $100,000

Automobile Liability Bodily Injury/Property Damage (Each Accident) $1,000,000 Personal Injury Protection (if applicable) Statutory

Workers’ Compensation Coverage A (Workers’ Compensation) Statutory Coverage B (Employers’ Liability) Each Accident Each Employee Disease (Policy limit)

$1,000,000 $1,000,000 $1,000,000

Crime Coverage (if applicable) 50% of the contract value or $100,000, whichever is greater

Sexual Abuse and Molestation

Each Occurrence Aggregate

$1,000,000 $2,000,000

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

4.5.2 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring ASU. With the exception of the Workers' Compensation and Professional Liability policies, ASU shall be an additional insured on all policies.

4.5.3 Certificates of Coverage

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, the vendor shall furnish the Contracting Office with certificates of insurance in a form acceptable to ASU’s Risk Manager, certifying that the vendor carries the required insurance policies and coverage. The certificates shall be sent to the Contracting Office, ASU Station #11037, San Angelo, TX 76909.

4.5.4 Notification of Cancellation

Each insurance policy shall contain a covenant by the insurance company issuing the policy that the policy will not be modified or canceled unless thirty (30)-days' prior written notice of modification or cancellation is given to ASU’s Contracting Office. In the event the vendor receives notice of modification or cancellation of any of the policies required under the

Contract, then prior to the effective date of modification or cancellation of the policy, the vendor shall obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to ASU’s Risk Manager. If the vendor fails to obtain such an insurance policy, ASU may immediately terminate the Contract without further notice to the vendor.

4.6 Acceptance of Products and Services

All Goods and Services provided under any resulting Contract will be to the satisfaction of ASU and in accordance with the Specifications, terms, and conditions of the Contract. ASU reserves the right to inspect the Goods or Services performed and to determine the quality, acceptability, and fitness of such Goods or Services. No payment made by ASU will (a) be construed to be final acceptance or approval of that part of the Goods or Services to which the payment was made, or (b) relieve vendor of any of its duties or obligations under the Contract.

4.7 Infringement of Patents and Copyrights

THE VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS ASU AND THE TEXAS TECH UNIVERSITY SYSTEM FROM ANY ACTIONS, SUITS, DEMANDS, LIABILITIES, DAMAGES, AND/OR CLAIMS INVOLVING

INFRINGEMENT OF INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO PATENTS AND

COPYRIGHTS (E.G., ANY CLAIM THAT VENDOR’S/SUBCONTRACTOR’S PRODUCT/SERVICES INFRINGE(S) A VALID PATENT OR COPYRIGHT OR MISAPPROPRIATES A THIRD PARTY’S TRADE SECRET), RELATED TO AND/OR ARISING FROM ANY AWARDED CONTRACT UNDER THIS RFP. VENDOR WILL INDEMNIFY AND HOLD HARMLESS ASU AND THE TEXAS TECH UNIVERSITY SYSTEM FOR ANY JUDGMENTS, SETTLEMENTS, AND/OR REASONABLE ATTORNEY FEES INCURRED IN INVESTIGATING, DEFENDING, OR SETTLING ANY OF THE FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF VENDOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR

SUPPLIER OF VENDOR IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT OR AGREEMENT

RESULTING FROM THIS RFP. ANY SETTLEMENT INVOLVING ASU SHALL REQUIRE ASU WRITTEN PRE-

APPROVAL REGARDING THE TERMS OF SUCH SETTLEMENT.

4.8 Taxes

4.8.1 ASU, as an agency of the State of Texas, qualifies for exemption from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The vendor 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.

4.8.2 The vendor shall collect and pay all taxes imposed upon the sale of items included in the

Contract, as required by federal, state or local law. The vendor shall be responsible for and pay all social security, unemployment insurance, old age retirement and other federal and state taxes that are measured by the wages, salaries, or other remuneration paid to persons employed by the vendor.

4.9 Technology Access

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 ASU that the technology provided to ASU 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: (i) providing equivalent access for effective use by both visual and non-visual means; (ii) presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and (iii) being integrated into networks for obtaining, retrieving 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 either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Federal 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 alternative to mouse commands and other means of navigating graphical displays, and customizable display appearance.

4.10 Federal Funding

4.10.1 This Contract may be funded wholly or partially with federal funds. The Proposer shall comply with all applicable provisions of federal law. ASU utilizes https://www.whitehouse.gov/omb/information-for-agencies/circulars/ and http://www.gsa.gov for all federal guidelines.

4.10.2 The vendor certifies that the vendor and/or principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency, and have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

and are not presently indicted for, or otherwise criminally or civilly charged by a government entity with commission of any of these offenses.

4.11 Time of Performance

Time is of the essence in the rendering of services and delivery of products under a Contract. Vendor agrees to perform all obligations and render services on the schedules set forth in this Proposal.

4.12 Default

In the event that the vendor fails to carry out or comply with any of the terms and conditions of the Contract, ASU may notify the vendor 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 vendor fails to remedy such failure or default within the ten (10) day period, ASU shall have the right to cancel the Contract upon thirty (30) days written notice.

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

https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.whitehouse.gov%2Fomb%2Finformation-for-agencies%2Fcirculars%2F&data=04%7C01%7Clanell.nichols%40angelo.edu%7Cba687ec115a24addd1ba08d9a38e7b20%7C7…