ESBD_414960_1745953768249_RFP 25-0415 Two (2) Used 2006 and 2007 Backhoe.pdf

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RFP 25-0415 Two (2) Used Backhoes Tractors
Solicitation number
TX250415
Issued by
Upton County, Texas

About this file

This document is a Request for Proposals (RFP) issued by Laredo College in Laredo, Texas, soliciting bids for two used backhoes from the 2006 and 2007 model years. The RFP (Number RFP-25-0415) requires vendors to submit sealed proposals by Wednesday, May 21, 2025, at 10:00 a.m., with proposals to be opened at 10:15 a.m. in the Purchasing Office Conference Room. Specifically, the college is seeking two used Case 580M Backhoes: one from 2006 (GM109000) and one from 2007 (GM108963), both in used condition. The RFP allows for "substantially equal" alternative products and requires vendors to provide detailed specifications if proposing an alternative.

The college intends to award the contract within sixty calendar days of the RFP opening, with an "all or none" approach that prevents multiple vendor awards. Vendors must complete several mandatory forms, including a Vendor Certification, Felony Conviction Affidavit, Conflict of Interest Questionnaire, and an Executive Order GA-48 Compliance Certificate. The evaluation of proposals will consider factors such as purchase price, vendor reputation, product quality, alignment with district needs, past vendor relationships, impact on historically underutilized businesses, total long-term costs, and whether the vendor has its principal place of business in Texas or employs at least 500 persons in the state. The college reserves the right to reject any or all proposals and will make the final determination of proposal compliance.

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RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 1

REQUEST FOR PROPOSALS (RFP)

RFP NUMBER: RFP# 25-0415

RFP MUST BE DELIVERED BY: Wednesday, May 21, 2025, at 10:00 a.m.

RFP MUST BE MAILED TO: Laredo College

Mr. Miguel A. Rangel, Director of Purchasing

West End Washington Street

Laredo, Texas 78040

RFP MAY BE HAND DELIVERED TO: Laredo College Campus

Purchasing Department Building

P-49, room 101

RFP WILL BE OPENED: Wednesday, May 21, 2025 at 10:15 a.m.

Purchasing Office (Building P-49) Conference

Room

THE LAREDO COLLEGE DISTRICT’S BOARD of TRUSTEES ("COLLEGE DISTRICT"), invites your firm to submit proposals for:

“Two (2) Used 2006 and 2007 Backhoe”

All proposals should be mailed or hand-delivered to:

Laredo College

C/O Mr. Miguel A. Rangel

Director of Purchasing

Building P-49 Room 101

West End Washington Street

Laredo, TX 78040

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 2

STATEMENT OF ITEM SPECIFICATIONS

The purpose and intent of this Request for Proposal is to purchase same or similar of two (2) Used 2006 and

2007 Backhoe.

Quantity: (2) Used 2006 and 2007 Backhoe with the following specifications:

• Year/Make/Model: GM109000 - 2006 Case 580M Backhoe

• Condition: Used

• Year/Make/ Model: GM108963 - 2007 Case 580M Backhoe

• Condition: Used

BRAND NAME OR SUBSTANTIALLY EQUAL PRODUCT

1. Any identification of the product called for by this Request for Proposal (RFP) by a “Brand Name” is intended to be descriptive, not restrictive, and is used to indicate the quality and characteristics of the product that will be satisfactory.

2. If the bidder proposes to furnish a “Substantially Equal” product, the brand name of the product to be furnished must be clearly identified on the Proposal submitted and must include all descriptive material necessary to determine whether the product offered meets the salient characteristic requirements of the

“RFP.”

3. Unless the bidder clearly indicates in his Proposal that he is offering a “Substantially Equal” product, the bid shall be considered as offering the name product referred to in the “RFP.”

4. Failure to comply with the above requirements may result in rejection of the Proposal.

EVALUATION OF PROPOSAL

GENERAL

To facilitate the evaluation process, proposals must be submitted as requested by the District in the Section

"Submission of Proposals,” This will ensure uniformity of all proposals. Proposals may be rejected if they show omissions, alterations in wording, conditional clauses, or irregularities of any kind. The District is the final authority that determines if the proposal is in compliance with the RFP, including the specifications, terms, and conditions. The Contractor may submit a proposal for a “Substantially Equal” product. The product specifications, schematics, and pictures should be included for products of similar or substantially equal quality.

INDEMNIFICATION

The Contractor shall indemnify and hold harmless the District, its Trustees, Agents and Employees, from and against any and all claims, demands, and actions or causes of action of any nature whatsoever arising out of or by reason of the execution or performance of the duties and obligations of the Contractor under the terms of the contract. The District shall notify the Contractor promptly in writing of any claim or action.

An indemnification agreement acceptable to the District shall be included in the contract.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 3

VENUE

It is understood and agreed by both the Contractor and the District that venue for any litigation involving the contract shall lie in Webb County, Texas.

TIE PROPOSALS

In the event of tie bids, one shall be selected by the casting of lots.

RIGHT TO REJECT PROPOSALS

The District reserves the right to reject any or all proposals, or any part thereof, and to waive any technicalities or informalities.

ALL OR NONE

This is an all or none Request for Proposal.

The College District will not award the contract to multiple vendors.

RIGHT TO HOLD PROPOSALS

The District reserves the right to hold proposals for sixty (60) calendar days before awarding the contract.

LATE PROPOSALS

All Proposals delivered shall be stamped with the time and date as proof they were received before the requested time and date. Proposals received after the requested time and date shall be considered late and returned unopened. If a return address is not provided, a late Proposal shall be opened only for identification purposes and then returned. If proposals are hand delivered any late proposals will be stamped disqualified. Mailed proposals will be stamped disqualified and will all be returned at the

Contractor’s expense.

SUBMISSION OF PROPOSALS

All proposals, whether delivered by hand or mail, are due in individually numbered sealed envelopes endorsed with “RFP 25-0415 Two (2) Used 2006 and 2007 Backhoes” on Wednesday, May 21, 2025 at

10:00 a.m. at the District's Purchasing Office, Building P-49.

Contractors must submit 1 original seal proposal labeled as original with 1 electronic proposal via USB drive of the following items to the College District., if mailed all binders must meet the deadline date and time.

At a minimum, the proposal is to include a Table of Contents with tabs and placed in binders with the following Sections:

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 4

Proposal Format

A. Table of Contents

B. Cover Page

C. Required items:

▪ Make and model of the truck.

▪ Mileage (Odometer)

▪ Warranty if any

▪ Price of each truck

D. Completed Forms -

• RFP (Form I)

• Felony Conviction Affidavits (Form II)

• Conflict of Interest Questionnaire (Form III)

• Vendor Certification (Form IV)

• W- 9 (Form V)

• Executive Order GA-48 Certificate

OPENING OF PROPOSALS

Proposals shall be publicly opened at 1 0 :15 a .m. Wed n es d ay , M ay 2 1 , 2025, at the Purchasing

Office, Conference Room. It should be noted that only the names of the companies will be read publicly.

Information regarding the offers will not be released until an award is made by the District.

RFP INTERPRETATION

No interpretation to the meaning of the "Request for Proposal" ("RFP") or other documents shall be given orally. Every request for interpretation will be in writing, addressed to the Interim Director of Purchasing, and must be received at least ten (10) calendar days prior to the date fixed for the opening of the Proposal.

Any and all such interpretations and supplemental instructions shall be in the form of written addenda to the "Request for Proposal," which if issued, shall be mailed to all known prospective Contractor no later than five (5) calendar days prior to the date fixed for the opening of the Proposal. Failure of any Contractor to receive any such addenda or interpretations shall not relieve such Contractor from any obligation under this bid as submitted. All addenda so issued shall become part of the contract document.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 5

MODIFICATIONS OR WITHDRAWALS BEFORE RFP OPENING

Modifications or withdrawals of a Proposal shall be accepted only when the same is received on or before the fixed time scheduled for opening. Such requests must be executed in writing, or withdrawn in person by the Contractor or his authorized representative, provided identity is made known and a receipt for the proposal is signed.

MODIFICATIONS OR WITHDRAWALS BY SUCCESSFUL CONTRACTOR

Modifications or withdrawal of a Proposal shall be accepted only from the successful Contractor if the change is executed in writing and is to the best interest of the District and not prejudicial to any other

Contractor.

CONFLICT OF INTEREST

A. Any Board member who has a substantial interest, either direct or indirect, in any business enti ty seeking to contract with the District shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extend of interest and shall abstain from any participation in the matter.

B. Contractors must convey any conflict of interest that may exist if selected to perform the Contract in accordance with the District’s Manual of Policy and applicable state and local laws.

AVAILABILITY OF FUNDS

All awards are subject to approval upon the availability of funds.

SALES TAX EXEMPTION

The College District hereby claims exemption from payment of taxes for the purchase of taxable goods and/or services under the Internal Revenue Code Section 501 (c) (3) and the Revised Civil Statutes of Texas, Chapter 20, Title 122A, as a Non-Profit Educational Institution.

SHIPPING MERCHANDISE

Merchandise must be shipped FOB Destination, such that, title of goods will not pass to the District’s receiving dock, and the price must include the freight charge if applicable.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 6

DETERMINING AWARD

To determine to whom the contract will be awarded and to comply with Education Code 44.031, the College District shall consider:

1. The purchase price;

2. The reputation of the vendor and of the vendor’s goods or services;

3. The quality of the vendor’s goods or services.

4. The extent to which the goods or services meet the District’s needs;

5. The vendor’s past relationship with the District;

6. The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;

7. The total long-term cost to the District to acquire the vendor’s goods or services;

8. Whether the vendor or vendor’s ultimate parent company or majority owner: A) has its principal place of business in Texas; or B) employs at least 500 persons in Texas; and

9. Any other relevant factors specifically listed in this RFP.

The District is the final authority in determining if the proposal is in compliance with specifications.

A committee composed of representatives of the District will evaluate the proposals. The District reserves the right to interview finalists to clarify information provided in the proposals. The committee may also conduct site visits of other institutions or businesses where the Contractor is providing current services.

SELECTION OF PROPOSALS FOR REVIEW BY THE BOARD OF TRUSTEES

Following the evaluations, the committee may recommend one or two proposals to the Board of Trustees.

The Board of Trustees will make a final selection based upon the evaluation committee’s recommendation and such other factors as the Board deems to be in the District's best interest.

SELECTION OF CONTRACTOR BY BOARD OF TRUSTEES

Once a final selection has been made, the District will submit a contract to the selected Contractor, which will include at least those terms set forth in this RFP. If the District and the selected Contractor have not executed an agreement within thirty (30) calendar days after the award, the District will negotiate with the Contractor submitting the following best proposal.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 7

CONTRACT AWARD AND EXECUTION

The District reserves the right to execute an award without further discussion of the proposal submitted. The proposal should be initially submitted on the most favorable terms that can be offered.

The Contractor shall specifically stipulate in the cover letter that the proposal is predicated upon the acceptance of all specifications, terms and conditions stated in this RFP. It is the intent of the District to award the contract within sixty calendar days from the date of the RFP opening.

HOUSE BILL 1295 – CERTIFICATE OF INTEREST PARTIES FORM 1295

Effective January 1, 2016 all contracts requiring an action or vote by the Laredo College Board of

Trustees’, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested

Parties," per the new Government Code Statute §2252.908. All vendors submitting a response to a formal

Bid, RFP, SOQ or any contract(s), contract amendment(s), renewal(s) or change order(s) are required to complete the Form 1295 online through the State of Texas Ethics Commission website at the time the business entity Government Code §2252.908 (4d) submits the signed contract.

Additional information can be found at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm, ADDITIONAL INFORMATION

For additional information or questions, contact Mr. Miguel A. Rangel at (956) 721-5126. Proposals should be mailed or hand-delivered sealed to:

LAREDO COLLEGE

C/O Miguel A. Rangel – Director of Purchasing

WEST END WASHINGTON STREET

LAREDO, TEXAS 78040

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 8

RFP Form I

Quantity

Description

Amount

Used backhoes

Extended Warranty

How many years?

Per each additional year cost?

Other

Shipping charge ( if applicable

Total

*Note: All prices quotes must include F.O.B. Destination

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 9

RFP Form II

FELONY CONVICTION AFFIDAVIT AND NOTIFICATION

❑ This Notice is not required if your firm is a publicly held corporation. Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code 44.034.

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

Applicant’s Signature: ________________________________________________________________

Address: ____________________________________________________________________________

❑ City, State, and Zip Code: ____________________________________________________________

❑ Print name of the Authorized Company Official: __________________________________________

❑ My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

Signature/Date of Company Official: ____________________________Date: ___________________

❑ My firm is not owned nor operated by anyone who has been convicted of a felony or I have never been convicted of a felony.

Signature/Date of Company Official: ____________________________Date: ___________________

❑ My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

Name of Felon(s): _____________________________________________________________________ (Attach additional sheet if necessary)

Details of Conviction(s): _______________________________________________________________ (Attach additional sheet if necessary)

Signature/Date of Company Official: _____________________________Date: ________________

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “ … a person or business entity that enters into a Contract with the a District must give advance notice to the District if the person or an owner of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

Subsection (b) states “… a school District may terminate a Contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The

District must compensate the person or business entity for services performed before the termination of the contract”.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 10

FORM III

CONFLICT OF INTEREST QUESTIONNAIRE

*Note: signature and date is required on this form.

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 11

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 12

FORM IV

VENDOR CERTIFICATION

All Fields Must Be Filled Out

Firm Name: ________________________________________________________________________

Tax Identification Number: ______________________ File Number: ____________________________

Is your firm a corporation? Yes: ________ No: __________

1. Represents that he/she is not indebted to the College District or State of Texas. Indebtedness to the

College District shall be a basis for non-award and/or cancellation of any award. Initial ________

2. Certifies that he/she will not engage in employment practices, which have the effect to discriminate against employees and prospective employees because of race, color, religion, national origin, sex, age, disability, political belief or affiliation, and that this contractor will abide by the federal, state and local EEO requirements. Initial __________

3. Acknowledges they have read, understand and agree to the requirements of the specifications and all other provisions of this solicitation. Initial _________

4. Certifies that this contractor has not colluded or attempted to collude with other contractors or merchants in the trade to fix or hold prices above the level attained through a free and competitive market. Initial ________

5. Certifies that the owner operator has not been convicted of a felony. Except as indicated on a separate attachment to this proposal in accordance with Section 44.034 Texas Education Code. Initial _________

6. Is a historically underutilized business (HUB) Yes: ______ No: _______

7. The vendor or vendor’s ultimate parent company or majority owner: A) has its principal place of business in Texas; Yes: ________ No: _________ or;

B) employs at least 500 persons in Texas. Yes: ________ No: __________

8. Certifies that is not currently and shall not enter conduct business with Iran, Sudan, or a foreign terrorist organization during the potential contract period. Pursuant to Section 2270.001 Texas Government

Code Initial ___________

9. Certifies that it is not currently and shall not boycott Israel during the potential contract period. Pursuant to Section 2270.001 Texas Government Code. Initial ___________

Effective on September 1, 2017 under the provisions of Subtitle F, Title 10, Texas Governmental Code Chapter 2270.001:

A. “Boycott Israel” means refusing to deal with, terminating business activates with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israeli-controlled territory, but does not include an action made for ordinary business purposes, and

B. “Company” means a for–profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

I certify that I am over the age of eighteen and authorized to submit a binding proposal on behalf of this company and that this proposal conforms to the required specifications unless so noted in writing.

PRINT NAME:____________________________ TITLE :_______________________________________

E MAIL: _____________________________ TELEPHONE: ________________________________

AUTHORIZED SIGNATURE: ___________________________ DATE: ____________________

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 13

FORM V

RFP-25-0415 “Two (2) Used 2006 and 2007 Backhoe” Page 14

Certification of Compliance with Executive Order GA-48

Executive Order GA-48, issued by Governor Greg Abbott on November 19, 2024, the Supplier certifies that neither the company, nor any of its holding companies, subsidiaries, or affiliates, is:

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

2) Listed in Section 1260H of the 2021 National Defense Authorization Act (NDAA); or

3) 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

4) 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.

The Supplier will certify that it does not engage in any contractual, business, or operational activities that would otherwise grant access, control, or influence to an entity meeting any of the above-listed criteria.

If at any time during the term of the contract, the Supplier becomes aware of any such affiliation or activity, it shall immediately notify the Laredo College. The contract may be subject to termination, and the Supplier may face legal action as deemed necessary by the College.

By signing below, the Supplier acknowledges and certifies compliance with this requirement:

Company Name

Signature of Authorized Official

Title of Authorized Official Date chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.congress.gov/115/bills/hr5515/BILLS-115hr5515enr.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/media.defense.gov/2025/Jan/07/2003625471/-1/-1/1/ENTITIES-IDENTIFIED-AS-CHINESE-MILITARY-COMPANIES-OPERATING-IN-THE-UNITED-STATES.PDF https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-E/part-791/subpart-A/section-791.4 https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-E/part-791/subpart-A/section-791.4

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