ESBD_445895_1755118507441_735-2025-4416 IDIQ Fire Alarm Inspection & Repair Services (FINAL).pdf

RFP 735‐2025‐4416 IDIQ Fire Alarm Inspection & Repair Services

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 1 of 30

Midwestern State University

Purchasing & Contract Management Department

2733 Midwestern Pkwy, Room 105

Wichita Falls, TX 76308

Request for Proposal

Indefinite Delivery/Indefinite Quantity

Time & Materials

Fire Alarm Inspection & Repair Services

RFP 735‐2025‐4416

August 13, 2025

Anticipated Schedule of Events

Date Event

August 13, 2025 Issuance of RFP

August 26, 2025 (12:00 pm CT) Deadline for Submission of Questions

August 27, 2025 (5:00 pm CT) Release of Official Responses to Questions

September 4, 2025 (2:00 pm CT) Deadline for Submissions of Offers

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Table of Contents Section 1: Summary

1. Summary

Section 2: General Information

2.1 Introduction

2.2 Information about Midwestern State University

2.3 Terms & Conditions

2.4 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, MSU Operating Policies & Procedures

Section 3: Notice to Respondents

3.1 Clarification of Instructions or Specifications

3.2 Group Purchasing Procurement

3.3 Availability of Funds

Section 4: Response Submission Procedures

4.1 Response Submission

4.2 Freight Terms

4.3 Altered/Amended Responses

4.4 Sales Tax

4.5 Samples

4.6 Condition of Items

4.7 Right to Reject

4.8 Delivery

4.9 Variation in Quantity

4.10 Bid Deposit

4.10 Accessibility & Section 508 Compliance

4.11 Validity Period

Section 5: Evaluation & Award

5.1 Award

5.2 Public Information

5.3 Invoicing

5.4 Payments

5.5 Discrimination

5.6 Assignment

5.7 Other Remedies

5.8 E‐Verify

5.9 Bonds

5.10 HUB Subcontracting Plan

5.11 Ethics Reporting

5.12 Best & Final Offers

5.13 Contract Management

Section 6: Requirements, Specifications/Scope of Work, Response Sheet

6.1 Response Requirements

6.2 Specifications & Scope of Work

6.3 Response Sheet/Pricing Schedule

Section 7: Affirmation & Conflict of Interest Disclosure

7. Conflict of Interest Affirmation (Proposer Information & Signature)

Appendices

Appendix A – References Appendix B – Affidavit Appendix C – Addenda Checklist Appendix D – Sample Contract Appendix E – HUB Search Assistance Instructions Appendix F – Fire Alarm Systems List

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Section 1

Summary

1.1 Type of Solicitation: Request for Proposal (RFP

1.2 Issuing Office: Midwestern State University Purchasing & Contract Management 2733 Midwestern Parkway, Room 105 Wichita Falls, TX 76308

1.3 Responses to RFP: Sealed Competitive Proposal

1.4 Anticipated Schedule of

Events:

Issuance of RFP: August 13, 2025

Non‐Mandatory Pre‐Bid: Not Applicable

Deadline for Submission of Questions:

August 26, 2025 (12:00 pm CT)

Deadline for Response to Questions:

August 27, 2025 (5:00 pm CT) or as soon as possible thereafter as practical

Deadline for Offers: In issuing office no later than: September 4, 2025 (2:00 pm CT)

1.5 Initial Contract Term: Award to August 31, 2026

1.6 Optional Contract Term The anticipated term of any resulting agreement will begin with award to August 31, 2026. MSU will have the option of two (2) separate additional (1) one‐year renewal periods.

Optional Renewal Period #1: September 1, 2026 to August 31, 2027

Optional Renewal Period #2: September 1, 2027 to August 31, 2028

1.7 Contact Person for this RFP: Joseph Mrugalski (joe.mrugalski@msutexas.edu)

1.8 Offers Submitted:

By Mail or Hand Delivery: Accepted

By Email: Accepted (Highly Preferred) see Section 1.7

By Fax: Not Accepted

1.9 RFP Addenda: Notice of changes to items directly affecting the original RFP or offer process will be posted on the MSU Purchasing Webpages. Amendments to the solicitation will be posted to the RFP as addenda. It is the responsibility of interested parties to check periodically for updates to the RFP prior to submitting a response.

Each respondent is solely responsible for verifying receipt of addenda, if applicable, and offer by the deadline specified.

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1.10 Questions & Responses: Questions regarding this RFP must be submitted in writing and must be submitted to the contact person noted is Section 1.7. Telephone inquiries will not be accepted.

The agency intends to post responses to the questions received in the form of addenda posted on the MSU Purchasing Webpage. Each respondent is solely responsible for verifying receipt of addenda, if applicable, and offer by the deadline specified.

1.11 Respondent Presentations: Presentations/interviews are an option of the evaluation team and may or may not be conducted; therefore, responses should be complete when submitting by the deadline indicated in Section 1.4. The presentation will be conducted at a location, date and time to be arranged.

The agency will determine the number of top‐scoring respondents in its sole discretion.

1.12 Contact with Agency Staff: Upon issuance of the RFP, employees and representative of the agency, other than the agency contact person identified in Section 1.7, shall not discuss the contents of the RFP with any respondent or its representative. Failure of a respondent or any of its representatives to adhere to this requirement may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties conducting business unrelated to the procurement.

1.13 Additional

Requirements/Qualifications:

N/A

1.14 Evaluation of Offer: Best Value Standard per Texas Government Code 2155.074.

Description Weight

Prior favorable service to Midwestern State University 10%

Past Performance in terms of quality of work and compliance with performance schedules. Firm should highlight particular areas of expertise.

20%

Demonstrated knowledge of local building codes Mandatory

Completeness and general response to the RFP 5%

References 5%

Proposed labor rates, markup percentages and unit costs 60%

Total: 100%

It is understood that factors listed in Texas Government Code 2156.007 & 2157.003 may also be considered in making an award when specified.

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Section 2

General Information

2.1 Introduction

Midwestern State University seeks responses from qualified respondents interested in providing specified annual fire alarm systems inspections and/or repairs in accordance with NFPA72 requirements. on an as needed basis per an Indefinite Delivery/Indefinite Quantity (IDIQ) Time and Materials Contract. Commodities

& services are specifically described in Section 6 (Specifications/Scope of Work).

2.2 Information about Midwestern State University

Midwestern State University is a state/public institution of higher education governed by the Texas

Legislature and its statutes and by Midwestern State University policies. Midwestern State University is a member of the Texas Tech University System.

Midwestern State University is located in Wichita Falls, Texas, midway between Oklahoma City and the

Dallas/Fort‐ Worth Metroplex. The 255‐acre campus is nestled among the city’s residential area, and comprises 70 buildings, numerous playing fields, and outdoor recreational facility near Sikes Lake.

Founded in 1922, Midwestern State University is one of 36 public institutions of higher education in Texas.

It is organized into 7 colleges with 16 undergraduate programs offering 43 majors and 30 minors, and 9 graduate programs offering 28 majors and 15 minors. Midwestern State University is the only university in

Texas with membership in the Council of Public Liberal Arts Colleges (COPLAC).

In athletics, Midwestern State University fields 13 intercollegiate NCAA Division II athletic teams and is a member of the Lone Star Conference (LSC).

2.3 General Terms & Conditions

These General Terms and Conditions or ones that are substantially similar will be contained in any resulting contract arising out of this RFP. In addition, and to the extent they do not conflict with these terms, https://msutexas.edu/purchasing/_assets/files/purchasing‐general/midwestern‐state‐university‐standard‐ terms‐and‐conditions‐for‐purchase‐order‐‐‐rev‐6‐nov.‐2020‐final.pdf , will apply to all Procurements or

Goods or Services by Midwestern State University.

2.4 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, MSU

Operating Policy & Procedures

By submitting a response, the respondent agrees to and shall comply with all applicable local, state, and federal laws

Regulations, as well as with all applicable policies and procedures of the Texas Tech University System &

Midwestern State University.

Section 3

Notice to Respondents

PLEASE NOTE CAREFULLY

Review this document in its entirety. Be sure your response is complete, and double‐check your response for accuracy.

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THIS IS THE ONLY APPROVED INSTRUCTION FOR THIS SOLICITATION. ITEMS BELOW APPLY TO AND

BECOME PART OF TERMS AND CONDITIONS OF RESPONSE. ANY EXCEPTIONS THERETO MUST BE IN

WRITING.

RESPONSES SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE

CONSIDERED VOID AND UNACCEPTABLE.

This is a quotation inquiry only and implies no obligation on the part of the agency. All cost quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this SOLICITATION in excess of the amounts quoted.

The respondent agrees to protect the agency from claims involving infringement of patents or copyrights.

3.1 Clarification of Instructions or Specifications

Questions requiring only clarification of instructions or specifications will be handled through the email process. Telephone inquiries will not be accepted. If any questions result in a change or addition to this solicitation, the change(s) and addition(s) will be addressed to all respondents involved as quickly as possible in the form of an addendum. It is the responsibility of the respondent to view the posting on the agency purchasing web page located at http://msutexas.edu/purchasing/. Written inquires pertaining to solicitations must give RFP number. Oral or other written interpretations or clarifications shall be without legal effect.

3.2 Group Purchasing Procurement

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi‐governmental entities, independent school districts, and State of

Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded contract.

3.3 Availability of Funds

Award of this solicitation will be contingent on availability of agency funds.

3.4 Non‐Bid Solicitations

Phone calls/emails from respondents using this solicitation in an attempt to make a sales call (which circumvents the solicitation process) will not receive a response.

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Section 4

Response Submission Procedures

4.1 Response Submission

Each sealed response shall be properly identified with the name and number of solicitation and name of respondent submitting response. Responses must be in the agency purchasing office BEFORE the hour and date specified in accordance with Section 1.8. Submitted responses will be date/time stamped upon receipt.

Electronic submissions are highly preferred and must be sent to the contact person email address referenced in Section 1.7.

If submissions are mailed or hand delivered, one (1) original individually bound completed response and one (1) electronic version (USB Drive) is required. See Section 1.8 for acceptable submission requirements.

Mailed or hand delivered submissions must be received in the issuing office noted in Section 1.2 before the scheduled deadline for submissions noted in Section 1.4. Submissions received after the deadline will not be accepted. This includes submissions using overnight or next day mailing services that do not arrive in the issuing office by the scheduled deadline for submission.

In the event of inclement weather and the agency offices are officially closed on a response opening day, responses will be received until 2:00 p.m. of the next business day. At which time said responses will be privately opened.

RESPONDENTS SHALL SUBMIT RESPONSE PRICING ON THE FORM PROVIDED, SIGN THE RESPONDENT

AFFIDAVIT NOTICE, AND RETURN ENTIRE RESPONSE PACKET. Should additional documentation or solicitation instructions be required, it will be noted in Section 6.1.

Responses MUST give full firm name and address of the respondent. Failure to manually sign response will result in disqualification. Person signing response should show TITLE or AUTHORITY TO BIND HIS FIRM IN A

CONTRACT.

References should be included. Three (3) current customers with a comparable purchase shall be listed with complete name, address, telephone number, and contact person.

Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive‐NOT restrictive‐it is to indicate type and quality desired unless otherwise indicated. Responses on brand of like nature and quality may be considered, unless otherwise noted in Section 6.1. If response is based on other than referenced specifications, response must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete description should be made part of the response. If respondent takes no exception to specifications or reference data, he/she will be required to furnish brand names, numbers, etc., as specified.

4.2 Freight Terms

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QUOTE F.O.B. DESTINATION. If otherwise, show exact cost to deliver. Quote unit price on quantity specified – extend and show total. In case of errors in extension, UNIT prices shall govern. Responses subject to unlimited price increase will not be considered.

4.3 Altered/Amended Responses

Responses CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by respondent or his/her authorized agent. No response can be withdrawn after opening without the approval by the Vice‐President of Administration & Finance based on a written acceptable reason.

4.4 State Sales Tax

The agency is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RESPONSE.

4.5 Samples

Samples, when requested, must be furnished free of expense to the agency. If not destroyed in examination, they will be returned to the respondent on request, at his/her expense. Each sample should be marked with respondent’s name, address, and agency RFP number. DO NOT ENCLOSE OR ATTACH

SAMPLE TO RESPONSE.

4.6 Condition of Items

All items quoted shall be new, in first class condition suitable for shipment and storage (the agency prefers recycled packaging whenever possible), unless otherwise indicated in solicitation. Verbal agreements to the agency will not be recognized. All materials and services shall be subject to the agency’s approval.

Unsatisfactory materials will be returned at respondent’s expense.

4.7 Right to Reject

The agency reserves the right to accept or reject all or any part of any response, waive minor technicalities and award to the respondent that proposes the Best Value to the agency. The agency reserves the right to award by item or by total response. Prices should be itemized.

All responses meeting the intent of this RFP will be considered for award. Respondents taking exception to the specifications, or offering substitutions, shall state these exceptions by attachment as part of the response. The absence of such a list shall indicate that the respondent has not taken exception and shall hold the respondent responsible to perform in strict accordance with the specifications of the solicitation.

The agency reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the agency.

4.8 Delivery

Responses with deliverables or commodities to be delivered must show number of days required to make delivery to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates respondent to complete delivery in 14 calendar days. A five‐day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from respondent list. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m., unless prior approval for late delivery has been obtained from the Director of Purchasing.

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If delay is foreseen, respondent shall give written notice to Director of Purchasing. The agency has the right to extend delivery date if reasons appear valid. Respondent must keep agency advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the agency to purchase supplies elsewhere and charge full increase in cost and handling to defaulting respondent.

Consistent and continued tie bidding could cause rejection of responses by the Agency and/or investigation for Anti‐Trust violations.

When quoting delivery/freight charges, respondents will include ALL costs associated with the delivery of the commodities to include, but not limited to fuel surcharges, customs, duties, convenience delivery fees, limited access charges, etc. Delivery costs not included in the response will be the responsibility of the respondent.

4.9 Variation in Quantity

The agency assumes no liability for commodities produced, processed, or shipped in excess of the amount specified herein.

4.10 Accessibility & Section 508 Compliance

Respondents are required to supply detailed information on how their proposed products, services, and solutions address the requirements of Section 508 of the Rehabilitation Act of 1973 (revised) (if applicable).

For each Information Communication Technology recourse (ICT) product or service included in solicitation responses subject to Texas Administrative Code 1 TAC 206 & 1 TAC 213 (which includes the U.S. Section

508 technical specifications), the respondent shall provide documentation of how each requirements or specification is met.

It is the respondent’s responsibility to maintain the integrity of any accessibility documentation provided to the agency. Any documentation shall be considered a self‐attestation unless expressly affirmed otherwise.

If the respondent plans to provide commercial off the shelf (COTS) software as part or all of a solicitation response, the respondent shall provide a completed Voluntary Product Accessibility Template (VPAT) for each COTS product offered. For third party COTS products, the respondent must obtain and submit VPATS or links to them from the third party as part of the solicitation response. The VPAT template can be obtained at ITI’s website:

https://www.itic.org/dotAsset/db71ce67‐c44a‐4925‐8d46‐f8a76c3a1db2.doc

The VPAT consists of a long series of tables. The initial one, the Summary Table, is used to provide a sense of your product’s overall “level of compliance” with Texas Administrative Codes ITAC 206 & ITAC 213

Accessibility Requirements. Subsequently, the Section 1194.xx Tables contain the detailed subparagraphs the Section 508 requirements are comprised. It is within these tables you shall define in detail how your product did or did not comply with a specific requirement.

4.11 Validity Period

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Responses must be valid for a minimum of 120 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Responses, if accepted, shall remain valid for the duration of the contract.

Section 5

Award/Post Award

5.1 Award

A written contract or purchase order mailed or otherwise furnished to the successful respondent within the time of acceptance specified in this package results in a binding contract without further action by either party.

No substitutions or cancellations permitted without written approval of Director of Purchasing.

SUCCESSFUL RESPONDENT WILL BE NOTIFIED BY EMAIL OR MAIL. All responding respondents will receive written notification regarding the outcome of the award. See Section 1.5 & 1.6 for contract term and renewal options with regards to services.

In accordance with Texas Tech University System (TTUS) Board of Regents Rule 7.12, the contract will require a no‐fault cancellation clause.

5.2 Public Information

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

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

Upon execution of a final agreement, the agency 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

(Texas Government Code, Chapter 552.001, et seq.). Respondents 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 Texas

Government Code § 552.101, 552.110, 552.113, and 552.131, Government Code.

Midwestern State University, as part of the Texas Tech University System (TTUS), follows MSU (OP) 01.02 and TTUS Regulation 07.01 with regards to the handling of public requests and the assessment of any charges for fulfilling requests. TTUS Regulations 07.01 is available at https://www.texastech.edu/offices/cfo/system‐regulation‐07.01‐public‐records.pdf

5.3 Invoicing

Respondent shall submit two (2) copies of an itemized invoice showing solicitation number and purchase order number to:

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Midwestern State University

ATTN: Purchasing

3410 Taft Blvd.

Wichita Falls, TX. 76308

5.4 Payments

The agency, after receipt of completed order will make payment to the respondent within 30 days from the receipt of goods or invoice whichever is later in accordance with Texas Government Code §2251.021. All partial shipment must be pre‐approved by the Director of Purchasing. In the event of partial shipments, the agency is not required to make payments until the order is complete. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by the agency.

5.5 Discrimination

In order to comply with the provisions of fair employment practices, the respondent agrees as follows:

a.) The respondent will not discriminate against any employee or applicant for employment because of race, sex, religion, handicap, or national origin.

b.) in all solicitations or advertisements for employees, the contactor will state that all qualified applicants will receive consideration without regard to race, color, age, sex (including pregnancy, gender identity and sexual orientation), religion, disability, genetic information, veteran status, or national origin, or any other legally protected category, class, or characteristic;

c.) The respondent will furnish such relevant information and reports as request by the agency for the purpose of determining compliance with these regulations; and d.) Failure of the respondent to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated, or suspended in whole or in part.

5.6 Assignment

Any contract entered into pursuant to this request is not assignable, nor the duties thereunder, by either party without the written consent of the other party in the contract.

5.7 Other Remedies

In addition to the remedies stated herein, the agency has the right to pursue other remedies permitted by law or in equity.

5.8 E‐Verify

Respondents certifies that for contract for services, respondents shall utilize the U.S. Department of

Homeland Security E‐Verify system during the term of the contract to determine the eligibility of:

All persons employed by respondents to perform duties within Texas; and

All persons, including sub‐respondents, assigned by respondents to perform work pursuit the contract within the United States.

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5.9 Bonds (for Construction Solicitations)

Bid Deposit (Bid Bond) ‐ A deposit required with submitted responses from respondents to protect the State in the event a low respondent attempts to withdraw its response or otherwise fails to enter into a contract with the State. A Bid Deposit of five percent (5%) will be required if your response is $25,000 or above.

Payment Bond ‐ A deposit, pledge, or contract of guaranty supplied by a respondent to protect the State against loss due to the respondent’s failure to pay sub‐respondents and material suppliers. If awarded the project a Payment Bond will be required if your response is $25,000 or above.

Performance Bond ‐ A deposit, pledge, or contract of guaranty supplied by a respondent to protect the State against loss due to the respondent’s inability to complete the contract as agreed. If awarded the project a Performance Bond is required for responses of $100,000 or above.

5.10 HUB Subcontracting Plan

A HUB Subcontracting Plan (“HSP”) is required as part of respondent’s response if a solicitation is $100,000 or above.

Midwestern State University has determined there may not be subcontracting opportunities. Since the agency has determined that there may be subcontracting opportunities, the respondent is required to include a HSP even if the respondent intends to self‐perform. The required supporting documentation must be submitted with the HSP. Respondents that fail to do so will be considered non‐responsive to this

RFP in accordance with Texas Government Code §2161.252.

The agency is relying upon respondent’s expertise to fully identify subcontracting opportunities that best align with the agency and this RFP. Respondents who intend to subcontract are responsible for identifying all areas that will be subcontracted. Additional information regarding the State of Texas HUB Program can be found at: https://comptroller.texas.gov/purchasing/respondent/hub.

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the plan, etc.), the agency may contact the respondent for clarification to the plan if it contains sufficient evidence that the respondent developed and submitted the HSP in good faith.

HSP forms can be found at https://comptroller.texas.gov/purchasing/respondent/hub/forms.php

5.11 Ethics Commission Reporting

The agency is required under Texas Legislature House Bill 1295 (Texas Government Code §2252.908) to request Ethics Commission Reporting from respondents with agreements that has a value of at least $1 million (value of an agreement is based on the amount of consideration received or to be received by the respondent from the agency).

The Business Entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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5.12 Best and Final Offer

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

This contract shall remain in effect until completion and acceptance by the agency. Midwestern State

University reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the agency in the event of breach or default if this contract. The agency reserves the right to terminate the contract immediately in the event the successful respondent fails to make delivery in accordance with the specifications.

5.13 Contract Management

Contract management is the process of directing contract planning, formation, execution, and assessment through closeout to maximize financial and operational performance and minimize risk.

The agency shall comply with Texas Government Code § 2261.256, Texas Tech University Regents’ Rules, Texas Tech University System Regulations & Midwestern State University Operating Policy & Procedures OP

30.02, regarding contract management.

Section 6

Specifications/Scope of Work

It is the intent of these specifications to describe the minimum requirements for the above titled project at

Midwestern State University in sufficient detail to secure comparable responses.

Each respondent must confirm he/she fully understands these specifications and the agency’s needs and satisfies himself/herself that he/she is cognizant of all factors relating to requirements contained in these specifications.

The response analysis will include compliance to solicitation specifications, past performance with respondent, references, delivery time, and overall cost. Weighted averages are calculated as noted in

Section 1.14. The agency reserves the right to consider deviations from these specifications.

6.1 Response Requirements

The response must contain ALL of the following marked components in the following order:

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Completed/signed Response Sheet/Price Sheet (Section 6.3)

Completed Respondent Data Sheet

Valid Certificate of Liability Insurance (required upon award)

(3) three references (per Section 4.1) (Appendix A)

Competed/signed Affidavit (Appendix B)

Completed and initialed Addenda Checklist (Appendix C) (if applicable)

Completed/signed W‐9 with your response (if new to Midwestern State University)

Signed Conflict of Interest Affirmation

Construction responses must also note the following components:

Specifications and drawings at the following link under current solicitation opportunities:

http://msutexas.edu/purchasing/

Supply schedule and lead time for project with response

MSU Construction Standards

Texas Tech University System 2010 Uniform General Conditions apply to construction solicitations and can be found at the following listed link:

http://msutexas.edu/purchasing/contract‐management

Wage Rates (per Texas Government Code §2258): See 2010 Uniform General Conditions

Section 2.2. The Wage Rates Determination is included as Appendix F.

Additional Instructions:

The response may not exceed (35) thirty‐five pages

All pages should be typed in 12‐point font within margins consistent with 8.5‐inch x 11‐inch paper and number sequentially.

Tariff Surcharge Documentation/Verification:

Prior to the University agreeing to a price increase pursuant to this provision, respondent must provide documentation demonstrating:

the unit price paid by respondent as of the date of award for the good or raw material used to furnish the goods to the University under this RFP the applicability of the tariff to the specific good or raw material, and respondent’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material).

The documentation submitted shall be sufficient in detail and content to allow for verification that the tariff is the cause of the price change. Documentation should include, but is not limited to:

A certification signed by respondent that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by University at a lower cost from a different source located outside of the country against which the tariff has been imposed;

A certification signed by respondent that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the respondent would otherwise be unable to perform under this agreement without such price increase; and

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***THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK***

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6.2 Specifications & Scope of Work

Scope of Work/Specifications IDIQ Annual Fire Alarm Inspection/Repair Services

RFP 735‐2025‐4416

SCOPE OF WORK

Awarded respondent will complete annual fire alarm system inspections in accordance with NFPA 72 and State of Texas requirements. After each visit, respondent must provide a report of the inspection to MSU.

1. The respondent will provide job estimates along with any evaluation data to the

University prior to any replacement or repair. The University reserves the right to determine whether to proceed with repair or replacement is in the University’s best interest.

2. The respondent, as a part of every complete annual test, shall survey the building and fire alarm systems and related equipment for any outstanding manufacturers’ recalls or recommended repairs, upgrade or modifications. All findings shall be included as a separate part of the

Inspection report.

3. During the period of the contract or any extension thereof, MSU reserves the right to add or delete specific services and/or locations at the prevailing contract prices. The respondent will be given (7) seven days’ notice to effect requested changes.

4. Perform all required tests or inspections and coordinate where required with Facilities Services.

5. The awarded respondent shall maintain the systems as hereinafter specified and shall provide all labor and materials necessary to keep the systems properly maintained for correct, efficient operation at all times. The respondent shall use trained personnel directly employed and supervised by the respondent to regularly and systematically examine, adjust, repair, and test the systems.

6. System Specifications:

a. Fire Alarm Systems (annual inspection)

b. Refer to Appendix F for system information.

7. Because of the essential life safety aspects of the service contract, respondents shall meet all of the following criteria. Proof should be furnished on the "Respondent's Data

Sheets." Only qualified companies will be permitted to submit a bid on this work.

a. The importance of maintaining the systems and their components in a safe and satisfactory operating condition requires that a respondent who is regularly engaged perform the services with his/her own personnel for the inspection, detection and testing of the fire alarm system installed on the campus of Midwestern State University.

b. The respondent shall have been in the service business of this type for at least (3) three‐years.

8. The respondent shall not shutdown any equipment unless permission is first obtained from the Manager, University Health/Safety or his designee.

9. Respondent must maintain in his shop a sufficient quantity of common spare parts to provide prompt repairs. If a delay in repairs will occur due to lack of parts, the contract shall provide with proof of such a situation and may at the University’s option be responsible for any cost of special fire watches maintained until such time repairs are completed.

10. In addition, if in the opinion of the University, parts delays cause unacceptable problems, the university reserves the right to make direct part purchase from other sources.

11. Any specialized equipment required by the respondent to perform the services under this contract shall be provided at no additional cost to MSU. Except for high range/reach, lift equipment or scaffolding may be a direct pass on cost, with prior approval from the

University’s designated contact person.

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 17 of 30

12. To maintain the operating integrity of the systems, only parts made by the original manufacturer or other authorized replace parts by the manufacturer will be an acceptable replacement. Parts are to be installed in accordance with manufacturers’ written recommendations.

13. A list of (3) three institutions and names and telephone numbers of contact persons presently under contract for this type of service shall be submitted with the bid. Failure to submit these references may cause bid to be declared non‐responsive.

14. The respondent shall not sell, transfer, assign or otherwise dispose of this contract to any third party for the performance of their work. Exceptions are services outside their normal expertise such as excavation. All subcontractors must be approved prior to the start of work by the Manager, University Health/Safety or his designee.

15. The respondent shall not subcontract any part of this contract without written, prior approval from the Manager, University Health/Safety or his designee.

16. Work shall be performed during normal working hours. Normal working hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday inclusive, excluding holidays.

17. Reasonable means of access to the equipment to be inspected will be provided.

However, advanced notice may be required.

18. The respondent shall comply with all laws or ordinances and all rules and regulations of health, public and/or other authorities controlling or limiting the methods, the materials to be used or the actions of those engaged in work of this kind.

19. Any labor or material in addition to that described herein necessary to comply with these laws, rules, ordinances, or regulations shall be performed and furnished by the respondent.

20. Site Inspection: It shall be the responsibility of the respondent to visit the site and make a tour and inspection of the area and equipment to be serviced. The selected respondent shall be required to assume sole responsibility for the complete effort as required in this specification. No special consideration shall be given after bids are opened because of the respondent's failure to be knowledgeable of all conditions existing at the site.

21. Midwestern State University reserves the right to cancel this contract at any time upon

(30) thirty days written notice to the respondent.

GENERAL TIME & MATERIAL SCOPE OF SERVICES:

1. Guarantee: The awarded respondent(s) shall fully guarantee all workmanship and parts furnished and installed under this contract against defect for (6) six‐months after completion. Defects will be repaired or replaced at no charge to MSU.

2. Respondent(s) must supply MSU with all warranty information whether it be expressed or implied.

3. All equipment, parts and/or supplies used must be new (OEM).

4. The respondent(s) will take adequate precautions to protect all surfaces. The respondent(s) will repair any damage caused as a result of inspection or servicing of equipment including abuse, misuse, and neglect.

5. The respondent(s) is responsible for properly disposing of any materials removed or replaced. In addition, any areas disturbed should be restored to their original condition.

6. The selected respondent shall comply with all applicable federal, state and local statutes, rules and regulations, inclusive of those specific to only Rowan procedures.

7. The awarded respondent(s) shall defend, indemnify and hold harmless MSU, its officers, agents and employees from any and all claims and costs of any nature whether for personal injury, property damage or any other liability arising out of or in any way connected with

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 18 of 30 the any acts or omissions of the Respondent or any of its principals, employees or agents under this request for qualification or under any agreement executed with MSU.

8. The University reserves the right to make all final decisions to determine whether to proceed with repair or replacement of any equipment.

9. All contracts between the awarded respondent(s) and MSU will be for the purpose of setting prices and services to be provided and the term that they are valid. No minimal amount of work will be guaranteed.

10. The University reserves the right to review any invoice of the awarded proposer.

11. If awarded respondent(s) is summoned for work he/she shall report and sign in and out with Central Plant or their designee upon arriving and departing from MSU campus.

12. The awarded respondent(s) shall not shut down any equipment unless permission is first obtained from the Manager, University Health/Safety or his designee. The awarded respondent(s) shall comply with all Federal‐Mandated OSHA lockout/tag out procedures.

13. The awarded respondents’ site personnel shall submit service tickets detailing the location, equipment, materials used, personnel names, number of hours for each person, and description of services performed, on a daily basis. Such tickets must be signed by the Manager, University Health/Safety or his designee. Failure to do so will delay processing of invoices or may result in nonpayment.

14. It is the responsibility of the awarded respondent(s) to keep the Manager, University

Health/Safety or his designee informed of the status of all work in progress on a daily basis including but not limited to estimated completion date, parts delivery dates, and accrued and projected job costs. Failure to do so will delay processing of invoices.

RESPONDENT QUALIFICATIONS

1. The technician or mechanic to perform the annual testing shall be licensed by the State of Texas in fire alarm service.

2. To be qualified to bid on this RFP, respondents shall be a licensed Fire Alarm Systems Respondent with the State of Texas. Fire alarm system tests shall be performed by personnel trained in testing procedures and in the systems’ operations. The personnel shall have the appropriate servicing manuals, the proper types of tools and manufacturers recommended replacement parts in performing all required testing and inspection. The University will not provide any needed tools, i.e., ladders, radios, etc. to assist respondent in testing, inspections, maintenance and/or repairs.

3. All work including inspections, testing, maintenance, and repairs shall be performed incompliance with the NFPA as referenced by the State of Texas and is subject to inspection by both MSU and the State Fire Marshall’s office.

4. To ensure system continuity, replacement parts and devices offered shall be standard equipment, compatible with existing components, and installed in accordance with the manufacturer’s recommendations. No wiring changes shall be permitted for modification to other than existing system manufacture. The respondent shall return all used parts to the University representative. Payment for parts shall be net, the Respondent shall submit with their invoices all receipts for parts and materials purchased for use under this contract.

5. Respondents shall have sufficient test and inspection equipment needed to perform the work required as outlined in this RFP.

6. Respondents shall have adequate personnel on their staff to perform the required tasks as outlined in this RFP.

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 19 of 30

7. Respondents shall have job supervisors on their staff with experience as a technician and as a supervisor with no less than (5) five‐years’ experience in maintaining and testing the systems listed in this RFP.

TERM OF CONTRACT

The initial contract period will be for (1) one year* with (2) two separate (1) one‐year renewal options. Midwestern State University reserves the right to alter this time period upon review of all proposals. Purchase orders will be executed using individual “Project Assignments” with the total value of services not to exceed $75,000.00 over a period of (1) one fiscal year. There is no guarantee that any specific minimum dollar amount of fees will be awarded.

*The contractual period for this project will commence upon award of this offering. To better align with MSU’s fiscal years, any renewals will commence with the beginning of the next fiscal year. MSU’s fiscal year runs from September 1st through August 31st.

COMPLIANCE LAWS

The awarded respondent(s) shall comply with all local, state, and federal laws, rules and regulations, inclusive of those specific to only MSU, applicable to this contract and to the work to be done hereunder.

RESPONDENT PERSONNEL

1. The importance of maintaining the equipment and their components in a safe and satisfactory operating condition requires that the services be performed by a respondent who is regularly engaged with his/her own personnel in the installation, maintenance and service of the equipment utilized in the services outlined in the Scope for this project.

2. Respondents shall have been in the service business of this type for at least (3) three‐years.

3. Proposers are required to submit copies of applicable licenses/and or certifications with proposal submission package.

4. Respondents shall not subcontract any part of this contract without prior written approval from the Manager, University Health/Safety or his designee.

5. All personnel shall observe all rules and regulations in effect at MSU governing safety and personal conduct. While on University property, the respondent’s employees shall be subject to control of the University but under no circumstances, shall such persons be deemed employees of the University. The respondent or his personnel shall not represent themselves or be considered as employees of Midwestern State University or the State of Texas.

6. The University may request the respondent to transfer from the work crew employees who are found to be incompetent, prone to excessive tardiness, absenteeism, inappropriate or unacceptable behavior, theft, or other reason deemed in the best interest of the University.

These are the sole decision of the university and not subject to negotiation.

7. Respondent must take adequate precautions to protect all surfaces adjacent to or subject to impact from work being performed, including safety of MSU’s employees, students and guests.

Respondent is responsible for the repair (or costs of repairs) to any damage caused as a result of inspection, testing, maintenance or services performed by them under this bid.

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 20 of 30

8. Respondents, consultants, respondents, and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the campus community. Failure to comply with this requirement may result in immediate termination of any award or contract.

9. The respondent shall be solely responsible for all damage or unauthorized destruction to any MSU buildings, equipment, premises or facilities; lease, lent, or in the care, custody or control of the University or State.

10. The respondent(s) shall remove from the MSU work place any of its employees who are found to be unacceptable by the University. Such requests shall not be unreasonable.

11. All respondent personnel shall at all times, be in professional attire with clear identification of the company’s name, logo, and person’s name.

12. All respondent motorized vehicles shall be identified with the company’s name and/or logo in clear view.

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 21 of 30

6.3 Proposal Sheet/Pricing Schedule

Provide pricing based on the information is Section 6.1 preferably in the following format:

Description Pricing

Annual Inspection (Fall ’25) $

Annual Inspection with sensitivity (Fall ’26) $

Respondent will provide the following information in the spaces provided below:

Parts Mark Up: %

Hourly Rate/8:00 am to 5:00 pm Monday through Friday

Alarm Technician: $

Helper: $

After Hours 5:01 pm to 7:59 am Monday through Friday, Saturday, Sunday & Holidays

Alarm Technician: $

Helper: $

List Maximum Response Time for Emergency System Failures:

Respondent shall not charge a separate “Trip Charge” or “Truck Charge” on any service/repair/performed under this Annual Contract. Respondents’ time shall not start until respondent has arrived onsite to start service/repair.

Additional Notes:

Respondent’s Data Sheet (To be completed by the respondent)

1. The number of years your firm has been performing the type of specified services:

2. The location of your office that will be responsible for managing this contract:

Address:

City:

Telephone Number:

3. The names and telephone numbers of management personnel to be contacted if problems or emergencies occur:

Name:

Telephone Number:

Name:

Telephone Number:

4. The name and contract information of a responsible individual that can be contacted at all times if services or information is required by the owner:

Name: $

Address: $

City:

Telephone Number:

Additional Notes:

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 22 of 30

6.3 Proposal Sheet/Pricing Schedule (continued)

Please review and initial the following if they apply to the respondent:

____ The respondent does not boycott energy companies and will not boycott energy companies during the term of the contract. (This only applies to companies with at least 10 employees and a contract value @ $100,000 or greater). Texas

Government Code 2276, Government entities may not enter into a contract with a company unless written verification is received.

____ The respondent does not have a practice, policy, guidance, or directive that discriminates against a…