ESBD_413369_1745438204060_RFP UTHSCT2025-004 MEB Signage and Wayfinding Services.pdf

Template v. 11.20.2024

REQUEST FOR PROPOSAL

by

The University of Texas Health Science Center at Tyler for

Selection of a Vendor to Provide Signage and Wayfinding Services related to

The Medical Education Building

RFP No. UTHSCT2025-004

Submittal Deadline: May 21,, 2025

Issued: April 23, 2025

Prepared By:

Demi Beckham, CTCD Construction Contracts Coordinator Capital Planning & Construction The University of Texas Health Science Center 11937 US Hwy 271 Tyler, TX 75708

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: NOTICE TO PROPOSER

SECTION 3: SUBMISSION OF PROPOSAL

SECTION 4: TERMS AND CONDITIONS

SECTION 5: SPECIFICATIONS AND ADDITIONAL QUESTIONS

SECTION 6: PRICING AND DELIVERY SCHEDULE

Attachments:

APPENDIX ONE: PROPOSAL REQUIREMENTS

APPENDIX TWO: AGREEMENT

APPENDIX THREE: HUB SUBCONTRACTING PLAN

APPENDIX FOUR: CAMPUS MAP

APPENDIX FIVE: CONSTRUCTION DOCUMENTS

APPENDIX SIX: CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

SECTION 1

INTRODUCTION

1.1 Description of University

The University of Texas Health Science Center at Tyler has a rich history of commitment and dedication to patient care and community health. From its early beginnings in 1943 as the site of the 1,000-bed Camp Fannin Army hospital during World War II through decades of fighting against pulmonary diseases like tuberculosis, chronic obstructive pulmonary disease, and asbestosis, UT Health Science Center has served the citizens of Texas with distinction. On September 1, 1977, under the leadership of George A. Hurst, M.D., the state hospital known as the East Texas Chest Hospital officially became The University of Texas Health Center at Tyler, joining the world-renowned University of Texas System with an expanded mission that today includes patient care and community health, medical and health education, and biomedical and clinical research. The education mission of UT Health East Texas took a giant leap forward with the expansion of a new medical residency training program in internal medicine in 2010 and the approval by the Texas Higher Education Coordinating Board to establish the School of Medical Biological Sciences in early 2012. A first-ever, degree-granting program, a master’s in biotechnology, welcomed its first class of students in August 2012. In February 2018, UT Health Science Center received approval from the Board of Regents to merge their health-related operations with East Texas Medical Center. On December 9th, 2020, The Southern Association of Colleges and Schools Commission on Colleges approved the operational plan to merge The University of Texas at Tyler and The University of Texas at Tyler Health Science Center. Under the approved plan, The University of Texas at Tyler Health Science Center retained its status as a health-related institution while administratively becoming an instructional site of The University of Texas at Tyler.

1.2 Background and Special Circumstances

This request is intended to cover signage and wayfinding for the new Medical Education Building. By responding to this request, the respondent acknowledges that they have familiarized themselves with the site conditions that affect the project and schedule and hereby propose to provide the signage and related services. If there are any questions with this structure, etc. ask question for clarification.

1.3 Objective of Request for Proposal

The University of Texas Health Science Center at Tyler (University) is soliciting proposals from qualified vendors to perform work (Work) more specifically described in Section 5.4 (Scope of Work) of this Request for Proposal (RFP), including signage and wayfinding for the new Medical Education Building in Tyler, TX.

1.4 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, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP. In particular, Proposer should note that University is part of The University of Texas System (UT System), which is comprised of fourteen institutions described at http://www.utsystem.edu/institutions. UT System institutions routinely evaluate whether a contract resulting from a procurement conducted by one of the institutions might be suitable for use by another, and if so, this RFP could give rise to additional purchase volumes. As a result, in submitting its proposal, Proposer should consider proposing a pricing model and other commercial terms that take into account the higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this RFP. Any purchases made by other institutions based on this RFP will be the sole responsibility of those institutions.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.61.htm#61.003 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.73.htm#73.115 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.74.htm#74.008 http://www.utsystem.edu/institutions

SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals until 3:00 p.m. Central Time, on May 21, 2025 (Submittal Deadline) in the BonfireHUB website: https://uttyler.bonfirehub.com/.

2.1.1 HUB SUBCONTRACTING PLAN DEADLINE AND LOCATION: University will receive HUB Subcontracting Plan at the time and location described below.

3 p.m. Central Time, on May 21, 2025 BonfireHUB website: https://uttyler.bonfirehub.com/

2.2 RFP Contact Information and Questions

Interested parties may direct questions about this RFP to:

Demi Beckham Construction Contracts Coordinator 3900 University Blvd.

Tyler, Texas 75799 demi.beckham@uttyler.edu

University instructs interested parties to restrict all contact and questions regarding this RFP to written communications delivered (i) in accordance with this Section on or before May 7, 2025 (Question Deadline), or (ii) if questions relate to Historically Underutilized Businesses, in accordance with Section 2.5.

University will provide responses as soon as practicable following the Question Deadline. University intends to respond to all timely submitted questions. However, University reserves the right to decline to respond to any question.

2.3 Criteria for Selection

The successful Proposer, if any, selected by University through this RFP will be the Proposer that submits a proposal on or before the Submittal Deadline that is the most advantageous to University. Contractor means the successful Proposer under this RFP.

Proposer is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) service, (2) total overall cost, and (3) project management expertise.

The evaluation of proposals and the selection of Contractor will be based on the information provided in the proposal. University may consider additional information if University determines the information is relevant.

https://uttyler.bonfirehub.com/

Criteria to be considered by University in evaluating proposals and selecting Contractor, will be these factors:

2.3.1 Threshold Criteria Not Scored

2.3.1.1 Ability of University to comply with laws regarding Historically Underutilized Businesses; and

2.3.1.2 Ability of University to comply with laws regarding purchases from persons with disabilities.

2.3.2 Scored Criteria

2.3.2.1 Cost of goods and services;

2.3.2.2 Reputation of the Proposer and of the Proposer's goods or services;

2.3.2.3 Quality of the Proposer's goods or services;

2.3.2.4 Extent to which the goods or services meet the University's needs;

2.3.2.5 Proposer's past relationship with the University;

2.3.2.6 Total long-term cost to the University of acquiring the Proposer's goods or services

2.3.2.7 Proposer’s exceptions to the terms and conditions set forth in Section 4.

2.4 Key Events Schedule

Date RFP Issued April 23,2025

Pre-Proposal Conference May 1, 2025 (ref. Section 2.6)

Question Deadline May 7, 2025 (ref. Section 2.2)

Submittal Deadline 3:00 p.m. Central Time on May 21, 2025

(ref. Section 2.1)

2.5 Historically Underutilized Businesses

2.5.1 All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, Contractor subcontracts any Work, then Contractor must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.5 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Proposer acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any Work will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of Work by the Proposer is subject to review by University to ensure compliance with the HUB program.

2.5.2 University has reviewed this RFP in accordance with 34 TAC §20.285, and has determined that subcontracting opportunities are probable under this RFP.

2.5.3 A HUB Subcontracting Plan (HSP) is a required part of the proposal. The HSP will be developed and administered in accordance with University’s Policy on Utilization of Historically Underutilized Businesses, attached as APPENDIX THREE. The HSP must be submitted on the BonfireHub website, Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX THREE. Proposers that fail to submit the HSP will be considered non-responsive to this RFP as required by §2161.252, Government Code.

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm#2161.252

Questions regarding the HSP may be directed to:

Contact: HUB Office The University of Texas at Tyler 3900 University Blvd. Tyler, Texas 75799 E-mail: HUB@uttyler.edu

Contractor will not be permitted to change its HSP unless: (1) Contractor completes a new HSP in accordance with the terms of APPENDIX THREE, setting forth all modifications requested by Contractor,

(2) Contractor provides the modified HSP to University, (3) University approves the modified HSP in writing, and (4) all agreements resulting from this RFP are amended in writing to conform to the modified HSP.

2.5.4 University may offer Proposer an opportunity to seek informal review of its draft HSP by University’s HUB Office before the Submittal Deadline. If University extends this offer, details will be provided at the Pre- Proposal Conference (ref. Section 2.6) or by other means. Informal review is designed to help address questions Proposer may have about how to complete its HSP properly. Concurrence or comment on Proposer’s draft HSP by University will not constitute formal approval of the HSP, and will not eliminate the need for Proposer to submit its final HSP to University as instructed by Section 2.5.

2.6 Pre-Proposal Conference

University will hold a pre-proposal conference at 1:00 p.m., Central Time on May 1, 2025, on Microsoft Teams.

Please see link below for meeting. The pre-proposal conference will allow all Proposers an opportunity to ask University’s representatives relevant questions and clarify provisions of this RFP.

Microsoft Teams Meeting Link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY1NzEyYmMtYWY4NC00ZjJkLWExZTgtNDhlMDVmMDk5MjNi%40thread.v2/0?cont ext=%7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e- 3c9c38140272%22%2c%22Oid%22%3a%22da4c5f25-e739-42e3-b9e4-4b950bef1567%22%7d

SECTION 3

SUBMISSION OF PROPOSAL

3.1 Submission

Proposals must be received by University on or before the Submittal Deadline (ref. Section 2.1) and delivered to:

Proposals shall be submitted online using the BonfireHub website currently found at https://uttyler.bonfirehub.com. Submissions by other methods will not be accepted.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Submissions may be amended, but only before the Submission Deadline. Respondents wishing to amend their Proposal may amend before the Submission Deadline directly on the BonfireHub website https://uttyler.bonfirehub.com.

3.2 Proposal Validity Period

Each proposal must state that it will remain valid for University’s acceptance for a minimum of sixty (60) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY1NzEyYmMtYWY4NC00ZjJkLWExZTgtNDhlMDVmMDk5MjNi%40thread.v2/0?context=%7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e-3c9c38140272%22%2c%22Oid%22%3a%22da4c5f25-e739-42e3-b9e4-4b950bef1567%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY1NzEyYmMtYWY4NC00ZjJkLWExZTgtNDhlMDVmMDk5MjNi%40thread.v2/0?context=%7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e-3c9c38140272%22%2c%22Oid%22%3a%22da4c5f25-e739-42e3-b9e4-4b950bef1567%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY1NzEyYmMtYWY4NC00ZjJkLWExZTgtNDhlMDVmMDk5MjNi%40thread.v2/0?context=%7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e-3c9c38140272%22%2c%22Oid%22%3a%22da4c5f25-e739-42e3-b9e4-4b950bef1567%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODY1NzEyYmMtYWY4NC00ZjJkLWExZTgtNDhlMDVmMDk5MjNi%40thread.v2/0?context=%7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e-3c9c38140272%22%2c%22Oid%22%3a%22da4c5f25-e739-42e3-b9e4-4b950bef1567%22%7d https://uttyler.bonfirehub.com/ https://bonfirehub.zendesk.com/hc

3.3 Terms and Conditions

3.4.1 Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (ref. APPENDIX TWO), the Notice to Proposer (ref. Section 2), Proposal Requirements (ref.

APPENDIX ONE) and the Specifications and Additional Questions (ref. Section 5). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

3.4.1.1 Specifications and Additional Questions (ref. Section 5);

3.4.1.2 Agreement (ref. APPENDIX TWO);

3.4.1.3 Proposal Requirements (ref. APPENDIX ONE);

3.4.1.4 Notice to Proposers (ref. Section 2).

3.4 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

3.5.1 Signed and Completed Execution of Offer (ref. Section 2 of APPENDIX ONE)

3.5.2 Signed and Completed Pricing and Delivery Schedule (ref. Section 6)

3.5.3 Responses to Proposer's General Questionnaire (ref. Section 3 of APPENDIX ONE)

3.5.4 Signed and Completed Addenda Checklist (ref. Section 4 of APPENDIX ONE)

3.5.5 Responses to questions and requests for information in the Specifications and Additional Questions Section

(ref. Section 5)

3.5.6 Signed and completed originals of the HUB Subcontracting Plan or other applicable documents (ref.

Section 2.5 and APPENDIX THREE).

SECTION 4

GENERAL TERMS AND CONDITIONS

The terms and conditions contained in the attached Agreement (ref. APPENDIX TWO) or, in the sole discretion of University, terms and conditions substantially similar to those contained in the Agreement, will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in the Agreement, Proposer will submit a list of the exceptions as part of its proposal in accordance with Section 5.3.1. Proposer’s exceptions will be reviewed by University and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then University may consider Proposer’s exceptions when University evaluates the Proposer’s proposal.

SECTION 5

SPECIFICATIONS AND ADDITIONAL QUESTIONS

5.1 General

Minimum requirements and specifications for Work, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. As indicated in Section 2.3, Contractor means the successful Proposer.

5.2 Minimum Requirements

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements:

5.2.1 Respondent has been in business a minimum of 5 years

5.2.2 Respondent’s capability to perform the work, including respondent’s demonstrated capability and financial resources to perform the work in the time projected.

5.2.3 Respondent’s capability to meet the minimum insurance requirements as outlined in the sample agreement.

5.2.4 Respondent must provide a cost for each item of the package as it is listed. Any omission will result in a no bid.

5.3 Additional Questions Specific to this RFP

Proposer must submit the following information as part of Proposer’s proposal:

5.3.1 If Proposer takes exception to any terms or conditions set forth in APPENDIX TWO), Proposer must submit a list of the exceptions.

5.3.2 By signing the Execution of Offer (ref. Section 2 of APPENDIX ONE), Proposer agrees to comply with

Certificate of Interested Parties laws (ref. §2252.908, Government Code) and 1 TAC §§46.1 through 46.5) as implemented by the Texas Ethics Commission (TEC), including, among other things, providing TEC and University with information required on the form promulgated by TEC and set forth in APPENDIX EIGHT.

Proposer may learn more about these disclosure requirements, including applicable exceptions and use of the TEC electronic filing system, by reviewing §2252.908, Government Code, and information on the TEC website at https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php. The Certificate of Interested Parties must only be submitted by Contractor upon delivery to University of a signed Agreement.

5.4 Scope of Work

The University of Texas Health Science Center at Tyler is accepting proposals for signage and wayfinding for the new Medical Education Building in Tyler, TX. All cost associated with the description below to be included in your base response.

Responses

By responding to this request, the respondent acknowledges that they have familiarized themselves with the site conditions that affect the project and schedule, and hereby propose to provide the signage, wayfinding, and related services. If there are any questions with this structure, the dock, etc. ask any question for clarification.

Pricing http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.908 https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=2&ch=46&rl=Y https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

This request is intended to cover both packages listed below. Each package will be awarded independently. If there is an additional savings for both packages to go to a single bidder, please include that as a separate line item on your Pricing and Delivery Schedule. Bidders must price ALL items under each bid package group. Incomplete bid packages will not be considered for award.

• Package B1 – Interior Signage

• Package B2 – Exterior Signage

Scope of Services

The scope of services below describes the services that the selected vendor will be expected to perform during the project. Charges for all services are to be included in the price, unless specifically noted otherwise. The vendor should note any exceptions to these services in their response.

• Provide a thorough and complete installation of all signage.

• Attend project meetings when appropriate or requested. The vendor is expected to review site conditions prior to delivery to ensure a clean installation.

• Provide finish, material and other product samples for evaluation as required for design firm to evaluate upon request.

• Vendor to coordinate details related to electrical and installation details as they pertain to signage with

Owner and General Contractor.

• Vendor shall supervise the installation and be solely responsible for and have control over installation, means, methods, techniques, sequences, and procedures and shall coordinate all portions of the work.

• Vendor shall be solely responsible for job site safety of their crews.

• Vendor is responsible for following all safety, fire, and other regulations, and shall keep the premises in which the work is being done, the adjoining premises, and the street and sidewalks clean of debris caused by its work. It shall be the responsibility of the Vendor to check these regulations, as well as job conditions, before starting new work. This shall include all arrangements for deliveries.

• Vendor is responsible for the security of their project area, including products being delivered, tools, and equipment.

• Vendor is to keep the project site and surrounding areas free from accumulations of waste materials, rubbish and other debris resulting from the work and shall remove any surplus materials upon completion of all work. Vendor shall remove all debris from the project site for disposal each day and will not be able to utilize GC disposal services.

• Should the Vendor make unapproved deliveries, it will assume full responsibility for refusal of that delivery by UT Tyler. Client will not pay any additional storage fees for items that cannot be deliver to the site.

• Create a punch list and cause the resolution of each deficiency within seven (7) days after the installation of all products.

Warranty

Provide a copy of all standard warranties for the products proposed to the Owner electronically. In addition to all other warranties, Vendor warrants that the products and installation, including all materials, shall be free from defects for a period on one (1) year from final completion of the Work. Within the warranty timeframe, Vendor shall repair or replace at its expense any defective Work (both as to workmanship and materials) and bear all costs of any necessary parts or replacements during this period at no charge to Owner.

Lead Time

Provide a proposed lead time for each item on the bid form.

Refer to documents listed below for Scope of Work and Specifications

APPENDIX FIVE

• Bid Package #1: UT Tyler - School of Medicine Design Intent Signage and Wayfinding (Interior Signage) Documents dated 3/26/2025 prepared by Gensler Architects.

• Bid Package #2: UT Tyler - School of Medicine Design Intent Signage and Wayfinding (Exterior Signage) Documents dated 3/26/2025 prepared by Gensler Architects.

SECTION 6

PRICING AND DELIVERY SCHEDULE

Proposal of: ___________________________________ (Proposer Name)

To: University

RFP No.: UTHSCT2025-004

Ladies and Gentlemen:

Having examined specifications and requirements of this RFP (including attachments), the undersigned proposes to furnish Work upon the pricing terms quoted below:

6.1 Term of Agreement

University anticipates that the term of the Agreement may be up to 1 years

6.2 Pricing for Work and Expenses

University will not reimburse Contractor for expenses.

6.3 Discounts

Describe all discounts that may be available to University, including educational, federal, state and local discounts.

6.4 Schedule for Completion of Tasks and Submittal of Deliverables

Schedule: There are two phases of construction. These will have different installation timelines noted below.

Phase 1 – West Side (Educational Side), CUP, Lobby and Site (West and South) Start: ASAP Complete: September

Phase 2 – East Side (Clinic Side - including Anatomy and Gross Anatomy), Parking Garage, Skybridge, and Site (East and North) Start: September Complete: December

6.5 Payment Terms

University’s standard payment terms are “net 30 days” as mandated by the Texas Prompt Payment Act (ref. Chapter 2251, Government Code).

University will be entitled to withhold ten percent percent (10%) of the total payment due under the Agreement until after University’s acceptance of the final work product.

Indicate below the prompt payment discount that Proposer offers:

Prompt Payment Discount: _____%_____days/net 30 days.

Section 51.012, Education Code, authorizes University to make payments through electronic funds transfer methods.

Respondent agrees to accept payments from University through those methods, including the automated clearing house system (ACH). Respondent agrees to provide Respondent’s banking information to University in writing on Respondent letterhead signed by an authorized representative of Respondent. Prior to the first payment, University will confirm Respondent’s banking information. Changes to Respondent’s bank information must be communicated to University in writing at least thirty (30) days before the effective date of the change and must include an IRS Form W-9 signed by an authorized representative of Respondent.

University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with §151.309, Tax Code, and Title 34 TAC §3.322. Pursuant to 34 TAC §3.322(c)(4), University is not required to provide a tax exemption certificate to establish its tax exempt status.

Respectfully submitted, Proposer: ____________________________

By: ___________________________ (Authorized Signature for Proposer)

Name: _________________________ Title: __________________________

Date: _____________________ http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.012 https://www.irs.gov/uac/about-form-w9 http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm#151.309 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=322 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=322

APPENDIX ONE

PROPOSAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

SECTION 2: EXECUTION OF OFFER

SECTION 3: PROPOSER'S GENERAL QUESTIONNAIRE

SECTION 4: ADDENDA CHECKLIST

SECTION 1

GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Proposers having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by University.

By submitting a proposal, Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of services to be performed, the detailed requirements of services to be provided, and the conditions under which services are to be performed.

Proposer also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of the Proposer.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE

RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by University as having received a copy of this RFP. Only University’s responses that are made by formal written Addenda will be binding on University. Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by University prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. Section 4 of APPENDIX ONE). The Addenda Checklist must be received by University prior to the Submittal Deadline and should accompany the Proposer’s proposal.

Any interested party that receives this RFP by means other than directly from University is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone and facsimile (FAX) numbers, and email address, to University, so that if University issues Addenda to this RFP or provides written answers to questions, that information can be provided to that party.

1.3 Public Information

Proposer is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

University may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

Upon execution of a final agreement, University will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (ref. Chapter 552, Government Code). Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.104, 552.110, 552.113, and 552.131, Government Code.

1.4 Type of Agreement

Contractor, if any, will be required to enter into a contract with University in a form substantially similar to the Agreement between University and Contractor attached to this RFP as APPENDIX TWO, and otherwise acceptable to University in all respects (Agreement).

1.5 Proposal Evaluation Process

University will select Contractor by using the competitive sealed proposal process described in this Section. Any proposals that are not submitted by the Submittal Deadline or that are not accompanied by required number of completed and signed originals of the HSP will be rejected by University as non-responsive due to material failure to comply with this RFP (ref. Section 2.5.4). Upon completion of the initial review and evaluation of proposals, University may invite one or more selected Proposers to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of Contractor.

University may make the selection of Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification.

In the alternative, University may make the selection of Contractor on the basis of negotiation with any of the Proposers. In conducting negotiations, University will use commercially reasonable efforts to avoid disclosing the contents of competing proposals.

University may discuss and negotiate all elements of proposals submitted by Proposers within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, University may defer further action on proposals not included within the competitive range pending the selection of Contractor; provided, however, University reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of University.

After the Submittal Deadline but before final selection of Contractor, University may permit Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. University will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal. University is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to University overall, as determined by University.

University reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Proposers, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.101 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.104 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.110 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.113 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm#552.131 abandon this selection process, if deemed to be in the best interests of University. Proposer is hereby notified that University will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by University.

1.6 Proposer's Acceptance of RFP Terms

Proposer (1) accepts [a] Proposal Evaluation Process (ref. Section 1.5 of APPENDIX ONE), [b] Criteria for Selection (ref. Section 2.3), [c] Specifications and Additional Questions (ref. Section 5), [d] terms and conditions of the Agreement (ref. APPENDIX TWO), and [e] all other requirements and specifications set forth in this RFP; and (2) acknowledges that some subjective judgments must be made by University during this RFP process.

1.7 Solicitation for Proposal and Proposal Preparation Costs

Proposer understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation written or oral that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on University’s anticipated requirements for Work, and University has made no representation, written or oral, that any particular scope of work will actually be required by University; and (3) Proposer will bear, as its sole risk and responsibility, any cost that arises from Proposer’s preparation of a proposal in response to this RFP.

1.8 Proposal Requirements and General Instructions

1.8.1 Proposer should carefully read the information contained herein and submit a complete proposal in response to all requirements and questions as directed.

1.8.2 Proposals and any other information submitted by Proposer in response to this RFP will become the property of University.

1.8.3 University will not provide compensation to Proposer for any expenses incurred by the Proposer for proposal preparation or for demonstrations or oral presentations that may be made by Proposer. Proposer submits its proposal at its own risk and expense.

1.8.4 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or (iii) contain irregularities of any kind, are subject to disqualification by University, at University’s sole discretion.

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

1.8.6 University makes no warranty or guarantee that an award will be made as a result of this RFP. University reserves the right to accept or reject any or all proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Agreement when deemed to be in University's best interest. University reserves the right to seek clarification from any Proposer concerning any item contained in its proposal prior to final selection. Such clarification may be provided by telephone conference or personal meeting with or writing to University, at University’s sole discretion.

Representations made by Proposer within its proposal will be binding on Proposer.

1.8.7 Any proposal that fails to comply with the requirements contained in this RFP may be rejected by University, in University’s sole discretion.

1.9 Preparation and Submittal Instructions

1.9.1 Specifications and Additional Questions

Proposals must include responses to the questions in Specifications and Additional Questions (ref. Section 5). Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

1.9.2 Execution of Offer

Proposer must complete, sign and return the attached Execution of Offer (ref. Section 2 of APPENDIX ONE) as part of its proposal.

The Execution of Offer must be signed by a representative of Proposer duly authorized to bind the Proposer to its proposal. Any proposal received without a completed and signed Execution of Offer may be rejected by University, in its sole discretion.

1.9.3 Pricing and Delivery Schedule

Proposer must complete and return the Pricing and Delivery Schedule (ref. Section 6), as part of its proposal. In the Pricing and Delivery Schedule, the Proposer should describe in detail (a) the total fees for the entire scope of Work; and (b) the method by which the fees are calculated. The fees must be inclusive of all associated costs for delivery, labor, insurance, taxes, overhead, and profit.

University will not recognize or accept any charges or fees to perform Work that are not specifically stated in the Pricing and Delivery Schedule.

In the Pricing and Delivery Schedule, Proposer should describe each significant phase in the process of providing Work to University, and the time period within which Proposer proposes to be able to complete each such phase.

1.9.4 Proposer’s General Questionnaire

Proposals must include responses to the questions in Proposer’s General Questionnaire (ref. Section 3 of APPENDIX ONE).

Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

1.9.5 Addenda Checklist

Proposer should acknowledge all Addenda to this RFP (if any) by completing, signing and returning the Addenda Checklist (ref.

Section 4 of APPENDIX ONE) as part of its proposal. Any proposal received without a completed and signed Addenda Checklist may be rejected by University, in its sole discretion.

1.9.6 Submission

Proposer should submit all proposal materials as instructed in Section 3. RFP No. (ref. Title Page) and Submittal Deadline (ref.

Section 2.1) should be clearly shown (1) in the Subject line of any email transmitting the proposal, and (2) in the lower left-hand corner on the top surface of any envelope or package containing the proposal. In addition, the name and the return address of the Proposer should be clearly visible in any email or on any envelope or package.

Proposer must also submit the HUB Subcontracting Plan (also called the HSP) as required by Section 2.6.

University will not under any circumstances consider a proposal that is received after the Submittal Deadline or which is not accompanied by the HSP as required by Section 2.6. University will not accept proposals submitted by telephone or FAX transmission.

Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted to University. However, a proposal may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which will be based on Proposer's written request explaining and documenting the reason for withdrawal, which is acceptable to University.

SECTION 2

EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED AND RETURNED WITH PROPOSER'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSER’S PROPOSAL MAY RESULT IN THE REJECTION OF THE PROPOSAL.

2.1 Representations and Warranties. Proposer represents, warrants, certifies, acknowledges, and agrees as follows:

2.1.1 Proposer will furnish Work to University and comply with all terms, conditions, requirements and specifications set forth in this RFP and any resulting Agreement.

2.1.2 This RFP is a solicitation for a proposal and is not a contract or an offer to contract Submission of a proposal by Proposer in response to this RFP will not create a contract between University and Proposer. University has made no representation or warranty, written or oral, that one or more contracts with University will be awarded under this RFP. Proposer will bear, as its sole risk and responsibility, any cost arising from Proposer’s preparation of a response to this RFP.

2.1.3 Proposer is a reputable company that is lawfully and regularly engaged in providing Work.

2.1.4 Proposer has the necessary experience, knowledge, abilities, skills, and resources to perform Work.

2.1.5 Proposer is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances relating to performance of Work.

2.1.6 Proposer understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Agreement under which Proposer will be required to operate.

2.1.7 Proposer will not delegate any of its duties or responsibilities under this RFP or the Agreement to any sub-contractor, except as expressly provided in the Agreement.

2.1.8 Proposer will maintain any insurance coverage required by the Agreement during the entire term.

2.1.9 All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. University will rely on such statements, information and representations in selecting Contractor. If selected by University, Proposer will notify University immediately of any material change in any matters with regard to which Proposer has made a statement or representation or provided information.

2.1.10 PROPOSER WILL DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, INDEMNIFY, AND HOLD HARMLESS UNIVERSITY, UT SYSTEM, THE STATE OF TEXAS, AND ALL OF THEIR REGENTS, OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ALL ACTIONS, SUITS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND OTHER CLAIMS OF ANY NATURE, KIND OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM (1) ANY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF PROPOSER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF PROPOSER IN THE PERFORMANCE, EXECUTION OR SUBMISSION OF THIS RFP OR (2) PROPOSER’S PERFORMANCE UNDER ANY CONTRACT OR

AGREEMENT RESULTING FROM THIS RFP.

2.1.11 Pursuant to §§2107.008 and 2252.903, Government Code, any payments owing to Proposer under the Agreement may be applied directly to any debt or delinquency that Proposer owes the State of Texas or any agency of the State of Texas, regardless of when it arises, until such debt or delinquency is paid in full.

2.1.12 Any terms, conditions, or documents attached to or referenced in Proposer’s proposal are applicable to this procurement only to the extent that they (a) do not conflict with the laws of the State of Texas or this RFP, and (b) do not place any requirements on University that are not set forth in this RFP. Submission of a proposal is Proposer's good faith intent to enter into the Agreement with University as specified in this RFP and that Proposer’s intent is not contingent upon University's acceptance or execution of any terms, conditions, or other documents attached to or referenced in Proposer’s proposal.

2.1.13 Pursuant to Chapter 2271, Texas Government Code, Contractor certifies Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

2.1.14 Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Proposer certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

2.1.15 Pursuant to Chapter 2274, Texas Government Code, Proposer verifies (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) it will not discriminate during the term of any contract or agreement resulting from this RFP against a firearm entity or firearm trade association. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this verification is inaccurate.

2.1.16 Pursuant to Chapter 2276, Texas Government Code, Proposer verifies (1) it does not boycott energy companies and (2) it will not boycott energy companies during the term of any contract or agreement resulting from this RFP. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this verification is inaccurate.

2.1.17 Pursuant to Section 161.0085, Texas Health and Safety Code (enacted by SB 968, 87th Texas Legislature, Regular Session (2021)), Proposer certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2107.htm#2107.008 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.903 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#F https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB968 transmission recovery on entry to, to gain access to, or to receive service from Proposer’s business. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

2.1.18 Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, Proposer certifies that it and, if applicable, any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4;

or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

2.2 No Benefit to Public Servants. Proposer has not given or offered to give, nor does Proposer intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with its proposal.

Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting Agreement, and Proposer may be removed from all proposer lists at University.

2.3 Tax Certification. Proposer is not currently delinquent in the payment of any taxes due under Chapter 171, Tax Code, or Proposer is exempt from the payment of those taxes, or Proposer is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. A false certification will be deemed a material breach of any resulting contract or agreement and, at University's option, may result in termination of any resulting Agreement.

2.4 Antitrust Certification. Neither Proposer nor any firm, corporation, partnership or institution represented by Proposer, nor anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in §15.01 et seq., Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

2.5 Authority Certification. The individual signing this document and the documents made a part of this RFP, is authorized to sign the documents on behalf of Proposer and to bind Proposer under any resulting Agreement.

2.6 Child Support Certification. Under §231.006, Family Code, relating…