ESBD_463908_1761090240577_RFP-731-26-001-SS.pdf

Texas Woman’s University RFP –731-26-001-SS

RFP-731-26-001-SS

Promotional Products & Apparel

PROPOSALS MUST BE RECEIVED BEFORE:

11/20/2025

Proposal must be submitted online in TWU’s electronic bidding portal in Oracle’s Supplier Portal.

Already have a Supplier Portal account? - Please log in and respond to the bid.

If you do not have a Supplier Portal account, please click on the link below to create an account at least 48 hours prior to bid submission:

https://twu.edu/procurement/supplier-registration/

Online bidding system closes at exactly 2:00 PM. Please allow sufficient time to upload your documents. Late submittals will not be accepted.

REQUEST FOR PROPOSAL

https://twu.edu/procurement/supplier-registration/

Texas Woman’s University RFP –731-26-001-SS

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION 4

1.1 Introduction

1.2 Information about Texas Woman’s University

1.3 Mission Statement

1.4 Scope of Goods and/or Services

1.5 Term of Award

1.6 Schedule of Events

1.7 TWU’s Right to Reject

1.8 Historically Underutilized Business (HUB) Firms

SECTION 2 PROPOSAL REQUIREMENTS AND PROCEDURES 6

2.1 Questions by Proposers

2.2 Communications with TWU Personnel

2.3 Proposal Formatting and Presentation Requirements

2.4 Submittal Instructions for Proposals

2.5 HUB Subcontracting Plan

2.6 Right to Modify, Rescind, or Revoke RFP

2.7 Signature and Certification of Proposer

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

Policies and Procedures

2.9 Compliance with RFP Requirements

2.10 Binding Effect of Proposal

2.11 Right of Rejection

2.12 Use and Disclosure of Information

2.13 Group Purchasing Authority

2.14 Withdrawal or Modification

2.15 Risk of Loss, Damage, Delay

2.16 Proposal Opening

SECTION 3 PROPOSAL CONTENTS 9

3.1 Objectives

3.2 Project Details

3.3 Mandatory Requirements/Conditions

3.4 Preferred Requirements/ Conditions

3.5 Delivery and Inspection

3.6 Invoicing and Payment

3.7 Compensation and Fees

3.8 Alternate Proposals

SECTION 4 EVALUATION CRITERIA FOR AWARD 12

4.1 Evaluation Process

4.2 Proposer’s Acceptance of Evaluation Methodology

4.3 Evaluation Criteria and Weights

4.4 Consideration of Additional Information

4.5 Oral Presentations/Interviews

4.6 Award Process

Texas Woman’s University RFP-731-26-001-SS

4.7 Best and Final Offer

4.8 Award of Contract

4.9 Contract Documents

4.10 Proposer/Vendor Protest

4.11 Not Exclusive

SECTION 5 PROPOSER’S QUESTIONNAIRE 14

SECTION 6 GENERAL TERMS AND CONDITIONS 15

6.1 Publicity

6.2 Independent Vendor Status

6.3 Subcontractors

6.4 Insurance Requirements

6.5 Acceptance of Products and Services

6.6 Infringement of Patents and Copyrights

6.7 Taxes

6.8 Technology Access

6.9 Federal Funding

6.10 Time of Performance

6.11 Default

6.12 Termination

6.13 Contract Requirements

6.14 Access to Documents

6.15 Right to Audit

6.16 Non-Disclosure

6.17 Severability

6.18 Non-Waiver of Defaults

6.19 Assignment

6.20 Texas Public Information Act

6.21 Registration of Sex Offenders

6.22 Indemnification

6.23 Governing Law

6.24 Dispute Resolution

6.25 Warranties

6.26 Disclosure of Interested Parties

6.27 Executive Order No. GA-48 Certification

SECTION 7 EXECUTION OF OFFER AND AFFIRMATIONS 22

APPENDIX A: DEFINITIONS

ATTACHMENTS: Exhibit A

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Woman’s University (“TWU”) is seeking competitive responses to a Request for Proposal (“RFP”) for Promotional Products & Apparel. This RFP provides sufficient information for interested parties (“Proposers”) to prepare and submit Proposals for consideration by TWU. Additional information may be made available by written request to the point of contact indicated on the RFP coversheet.

The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of TWU’s needs.

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

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

1.2 Information about Texas Woman’s University

Founded in 1901 as a college for women, the university has grown its mission of serving marginalized populations in higher education over the past 123 years and is recognized as one of the most ethnically diverse student bodies in the nation. In addition to its distinctive position as the nation’s only university system with a woman-focused mission, it is known for its contributions and leadership in the fields of education, nutrition, the arts, sciences, business, nursing, and health care professions. Students have described their experience on the picturesque, flagship Denton campus as “a private feel at a public cost.”

Texas Woman’s faculty and staff are passionate defenders of an experiential teaching and learning environment— “we learn to do by doing”—where they provide students with opportunities to engage in campus, workplace, and community activities that can help shape their sense of purpose, their appreciation for building quality personal and professional relationships, and their grit to stand up against life’s challenges.

Now that the state established the overarching system designation, the university is beginning to operationalize a plan to form independent universities for its three geographically dispersed campuses—health science centers in each of Houston and Dallas and its main campus in Denton, 40 miles north of Dallas on the northern edge of the DFW Metroplex. Each campus is located within some of the fastest growing municipalities in the nation. As a whole, the university has a $1.8 billion annual economic impact on the state.

1.3 Mission Statement

Texas Woman’s University cultivates engaged leaders and global citizens by leveraging its historical strengths in health, liberal arts, and education and its standing as the nation’s largest public university primarily for women.

Committed to transformational learning, discovery, and service in an inclusive environment that embraces diversity, Texas Woman’s inspires excellence and a pioneering spirit.

1.4 Scope of Goods and/or Services

TWU is seeking Proposals from one or more responsive and responsible Proposer(s) for Promotional Products & Apparel preferred vendor for all campuses.

1.5 Term of Award

The term for an awarded Contract under this RFP is anticipated to begin on the date of the last signature, and to expire three (3) years from that date. Unless terminated earlier pursuant to the Contract terms, any Contract may be renewed for up to one (1), one (1) year renewal term upon mutual agreement of the parties, to be evidenced in writing sixty (60) days prior to the expiration date of the initial or then current renewal term.

Automatic renewals shall not be utilized unless approval is obtained from the Board of Regents outside of an original four year term. The contract will require a termination without cause provision of sixty (60) days or less.

1.6 Schedule of Events

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

Date Bid Posted 10/21/2025 Deadline for Submission of Written Questions… 11/04/2025 Deadline for Responses to Questions 11/11/2025 Proposal Due Date 11/20//2025 at 2:00 PM CT Evaluation of Proposals 12/10/2025 Award Recommendation 12/16/2025

* All dates are tentative and subject to change

1.7 TWU’s Right to Reject

This RFP does not commit TWU to select a proposer or to award a Contract to any proposer. TWU reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP. Proposals which are qualified with conditional clauses or alterations or items not specified in the RFP documents, or irregularities of any kind, are subject to disqualification by TWU at its option. If TWU receives fewer than three proposals, TWU has the right to reissue this RFP in order to gain additional competitive proposals.

1.8 Historically Underutilized Business (HUB) Firms

TWU endeavors to promote full and equal opportunity for businesses to supply TWU with goods and/or services that are necessary to support TWU’s educational mission. In this regard, TWU commits to select Proposers in accordance with (i) TWU needs, (ii) TWU resources, (iii) HUB goals and guidelines established by the Texas legislature and Statewide Procurement Division (SPD), and (iv) TWU policies and procedures for contracting with HUBs, specifically URP I.13.a Historically Underutilized Businesses. Proposers shall allow TWU full access to documentation relating to its HUB program and any HUB Subcontracting plans. Failure to comply with any provision of the state or University’s HUB regulations may result in immediate cancellation of any Contract.

SECTION 2

PROPOSAL REQUIREMENTS AND PROCEDURES

2.1 Questions by Proposers

Questions must be submitted in writing by the date indicated in the section entitled “Schedule of Events.” The questions, written TWU response, and addenda related to the RFP, if any, will be posted in Oracle and on the State of Texas Electronic State Business Daily (ESBD) website http://www.txsmartbuy.com/sp. Only those replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. If TWU determines a question has been sufficiently answered in the RFP, the inquiring proposer will be referred to the relevant section of the RFP. Note: It is the responsibility of the Proposer to check the ESBD website for any and all addenda posted for this RFP.

Questions must be emailed to the following Procurement personnel:

Shawna Smyth TWUBids@twu.edu Texas Woman’s University Procurement and Contract Services

2.2 Communications with TWU Personnel

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

2.3 Proposal Formatting and Presentation Requirements

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

● Background of the proposer;

● Proposer’s responses to the section entitled “Questionnaire”;

● Schedule of costs and fees;

● Scope of work, including a program overview;

● Insurance and bonds (if requested);

● HUB subcontracting plan (required for proposals valued at ≥ $100,000);

● W9; and

● Signed Affirmations and Conflict of Interest.

2.3.2 The Proposal must include a table of contents, which should contain sufficient detail to facilitate easy reference to the sections of the Proposal.

2.3.3 Preprinted material should be referenced in the proposal and included as labeled attachments, provided as a separate section of the proposal and clearly identified in the table of contents

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

2.3.5 Proposals faxed, emailed or mailed will NOT be accepted.

2.4 Submittal Instructions for Proposals

2.4.1 The Proposals must be signed by the responding company’s official authorized to commit such Proposals. Failure to sign the Execution of Offer will be basis for Proposal disqualification.

2.4.2 All proposals must be submitted/or received no later than the date and time indicated in the section entitled “Schedule of Events.

2.4.3 Proposers must verify that all components referenced in 2.3.1 have been attached and submitted.

http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/sp mailto:TWUBids@twu.edu

2.5 HUB Subcontracting Plan

TWU has determined that there are not subcontracting opportunities. No submittal is required.

TWU is relying upon the proposer’s expertise to fully identify subcontracting opportunities that best align with their organization and this procurement request. Proposers, who intend to subcontract, are responsible for identifying all areas that will be subcontracted. In accordance with 34 TAC §20.11, a subcontractor means a person who contracts with a prime contractor to work, to supply commodities, or contribute toward completing work for a governmental entity.

2.6 Right to Modify, Rescind, or Revoke the RFP

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

2.7 Signature and Certification of Proposer

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

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

Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, state, and federal laws and regulations, as well as with all applicable policies and procedures of Texas Woman’s University.

2.9 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmations and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TWU’s General Terms and Conditions contained in the RFP, all of which will be incorporated into and be made a part of any Contract awarded by TWU.

TWU, at its sole discretion, may disqualify a proposal from consideration if TWU determines a proposal is non-responsive and/or non-compliant in whole or in part with the requirements set forth in this RFP.

2.10 Binding Effect of Proposal

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

Proposals are to be valid for TWU’s acceptance for a minimum of 270 days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

2.11 Right of Rejection

A proposal consisting of only alternate Services (i.e., a proposal that offers Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TWU and is subject to rejection.

2.12 Use and Disclosure of Information

Proposers acknowledge that TWU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act. If a proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TWU only for purposes related to or arising out of the (a) evaluation of proposals, (b) selection of a Proposer pursuant to the RFP process, and (c) negotiation and execution of a Contract, if any, with the Proposer selected.

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

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

2.13 Group Purchase Authority

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

2.14 Withdrawal or Modification

No proposal may be changed, amended or modified after it has been submitted or filed in response to this solicitation, except for obvious errors in extension or as part of the negotiating process which are approved by the Chief Procurement Officer. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by TWU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TWU.

2.15 Risk of Loss, Damage, Delay

Proposer acknowledges and agrees to release and hold harmless TWU, its campus components, Board of Regents, officers, employees, agents and personnel, from and against any and all claims, liability, damages and costs, including court costs and attorneys' fees, arising out of or pursuant to submission or delivery of the proposal or failure to submit or deliver the proposal to Procurement and Contract Services at Texas Woman’s University, as designated in the submittal instruction sections of this RFP.

2.16 Proposal Opening

Proposals will be opened online after the deadline. For convenience, Proposers wanting a list of proposals submitted can email the TWU contact person listed in section 2.1 after the opening. All submitted proposals become the property of TWU after the RFP submittal deadline/opening date and will not be returned

SECTION 3

PROPOSAL CONTENTS/DETAILS

3.1 Objectives

TWU is seeking proposals from responsive and responsible proposer(s) for Promotional Products and Apparel in accordance with the requirements/conditions set forth in the Sealed Proposal Request No. RFP-

731-26-001-SS.

A contract may be awarded to one or more Proposers to serve all Texas Woman's University, including Denton, Dallas, and Houston. If multiple Proposers are awarded a contract, each TWU department/location will independently select the Proposer and Services that provide best value for that department/location.

The Proposer(s) chosen by TWU shall agree to make all the required and optional Services agreed to in their proposal available to all TWU locations at the same pricing levels during the contract period. Initiation of any new service not anticipated by the RFP are to be added as an addendum to the Contract and pricing negotiated but set at no more than the then-current published rate. Although those services may only be used by one TWU location they will be made available to all locations.

The Contract is based on this RFP, the Proposal, and the Proposer’s technical specifications supporting it. Any of the TWU locations may elect to enter into a resulting relationship with a successful Proposer under this RFP.

Each TWU location will choose one of the Proposers selected through this RFP process to provide the chosen Services under the Contract. Additional Contracts with the TWU locations will not be required, executed or authorized. An Addendum will be executed by each TWU location for services. All terms and conditions of the Master Contract will apply.

3.1 Project Details

The proposer will be required to provide promotional items which may include, but are not limited to the following products:

● Screen printed T-shirts, hats, and other apparel

● Embroidered apparel including polo shirts and hats

● Writing instruments such as pens, pencils, highlighters and styluses

● Plastic conference bags

● Bags – including tote bags and drawstring bags

● Banners and signs

● Backpacks

● Cups, mugs, koozies and tumblers

● Stickers and decals

● USB drives and chargers

● Lanyards

● Notepads, binders or sticky notes for promotional use

● Sunglasses

Any tangible promotional items that can be imprinted with TWU’s name, logo or marks, including any TWU department or Division.

3.2 Mandatory Requirements/Conditions

3.3.1 Pricing must be presented as proposer’s total cost of products/and or services. Provided pricing will include set up fees, handling fees, shipping or any other applicable fees that have been charged to proposer by the manufacturer or distributor providing products, and any third party fees associated with the transaction such as credit card fees or other transaction fees charged to Proposer.

3.3.2 Proposer is required to provide pricing for the items included in Exhibit A. All pricing provided on Exhibit A will include set up fees, handling fees, shipping or any other applicable fees. All fees to be charged must be provided on Exhibit A.

3.3.3 All pricing included in Exhibit A shall be for the item described. Substitutions will not be accepted without the prior written consent of TWU.

3.3.4 The awarded vendor(s) are expected to be the manufacturer or a fully authorized dealer/distributor for any of the manufacturers it proposes. The proposer is expected to furnish promotional products, apparel, and other related items. The proposer and its distributors must be able to provide service and timely deliveries to all departments and campuses. A designated account representative may be assigned to manage the member’s account.

Services shall not be subcontracted or assigned, in whole or in part, without the express written consent of TWU. Areas of work that cannot be accomplished by the vendor must be identified in the proposal, including the identification of businesses to be used. However, ultimate responsibility for the goods/services and all obligations relating to the goods/services will remain with the successful vendor.

3.3.5 The awarded vendor(s) must be licensed prior to production and distribution. This includes businesses that sell to university departments, campus organizations and student organizations that use the product(s) for fundraising and charity. Any promotional products distributed under this Agreement that are imprinted with the name, logos, trademarks, service marks and other symbols of the University (collectively, “University Marks”) may only be imprinted pursuant to a license issued by CLC, a division of Learfield IMG, or any successor identified by University and will follow all submission guidelines. Complete the application to start the licensing process.

3.3.6 Official logos, trademarks, services marks and other symbols of the University (collectively, "University Marks") as well as titles, website addresses or phrases may be applied to or imprinted on promotional items in keeping with University guidelines.

Consistent use and matching of PMS ink color is required.

Neither over-runs nor under-runs are permissible. TWU shall not pay for quantities not specified.

Proposers may not graphically alter logos from the approved colors, orientation, or rendering.

The proposer shall abide by all copyright and trademark laws and adhere to official TWU graphics standards.

3.3.7 Timely delivery is important and may be a consideration for award of the agreement. It is essential for the proposer to indicate their capabilities to deliver as needed and their willingness to work with TWU to assure their requirements are met. Expected production should be completed 5-7 days after receipt of order. Please note: Orders should not be processed by your company prior to a valid PO issued by TWU. Any questions about this, please email twubids@twu.edu for clarification on the Texas procurement laws.

3.3 Preferred Requirements/Conditions

Preference will be given to vendors that can provide a website which allows TWU employees to view available products and custom items online with TWU pricing. Proposals may include the following:

● Items produced using recycled material content or sustainable resources and products

● Product Specifications and Special Features of Products including Certifications and/or special specifications (e.g., recycled materials, Made in America, BPA-Free)

● Ability to produce and manage a personalized TWU online website to view orders

● Ability to provide designated Account Representative to manage Member accounts

3.5 Pre-Bid Meeting/ Site-Visit – N/A

3.6 Invoicing and Payment

3.6.1 Proposer(s) shall be required to submit invoices to Texas Woman’s University Payables department email

TWUPayables@twu.edu.

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

TWU Purchase Order, or the invoice will be returned as non-compliant. No commitment for Products or Services is valid without a TWU purchase order.

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

3.7 Compensation and Fees

3.7.1 Exhibit A is a sample pricing for evaluation purposes only. Pricing shall include all associated costs and fees and any discount proposed for contract award. Pricing provided in Exhibit A will also be used for orders placed by TWU if awarded a contract. Exhibit A must be completed in entirety.

mailto:TWUPayables@twu.edu mailto:TWUPayables@twu.edu

3.8 Alternate Proposals

TWU will not consider alternate proposals outside this RFP for required services that expand or are different from these specifications.

However, the Proposer may take the opportunity to relate to TWU any new or different services (not presented in the prior sections) which it feels may be useful or of interest to TWU.

SECTION 4

EVALUATION AND AWARD PROCESS

4.1 Evaluation Process

TWU will utilize a proposal Evaluation Team for the evaluation of this RFP. The award will be based on the proposal judged to be in the best interest of TWU, and the judgment in this regard shall be considered final. Any Contract resulting from this request shall be awarded to the Proposer providing the Best Value to TWU.

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

1. The purchase price;

2. The reputation of the Proposer and of the Proposer’s Goods or Services;

3. The quality of the Proposer’s goods or services;

4. The extent to which the goods or services meet TWU’s need;

5. The Proposer’s past relationship with TWU;

6. The impact on the ability of TWU to comply with laws and rules relating to Historically Underutilized

Businesses and to the Procurement of Goods and Services from persons with disabilities;

7. The total long-term cost to TWU of acquiring the Proposer’s goods or services;

8. Any other relevant factor that a private business entity would consider in selecting a vendor; and

9. The use of material in construction or repair to real property that is not proprietary to a single vendor unless

TWU provides written justification in the request for bids for use of the unique material specified.

4.2 Proposer’s Acceptance of Evaluation Methodology

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

4.3 Evaluation Criteria and Weights

Each proposal shall be evaluated on the ability to meet TWU’s requirements and to provide the Best Value to TWU. Proposal shall be evaluated by awarding points to each of the following evaluation criteria.

The evaluation will be based on the following system:

Criteria Points

Turnaround Time and Delivery Service 20 Demonstrated Experience with Providing Promotional Products 15 Qualications 10 Proposers Length of Business 10 Demonstrated Customer Service Excellence 15 Quality and/or Variety of Products 30

Total 100

4.4 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the proposal information to TWU. TWU expects clear and concise answers to all questions.

4.5 Oral Presentations/Interviews

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

4.6 Award Process

During the opening, proposals will be acknowledged publicly to identify the names of the Proposers, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any of the Proposers or, at TWU’s sole option and discretion, TWU may discuss or negotiate all elements of the proposal with selected Proposers which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s).

4.7 Best and Final Offer

When deemed appropriate by the Evaluation Team, after the submission of proposals but before the final selection of the successful proposal, TWU may request Proposers to provide a best and final offer. TWU is not bound to accept the best-priced proposal if that proposal is not the most advantageous to TWU as determined by the evaluation team.

4.8 Award of Contract

TWU reserves the right to award a Contract, award multiple Contracts to more than one Proposer, to reject any and all Proposals, or terminate the RFP process.

4.9 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, and a written Contract (if applicable). When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents. Under no circumstances, will TWU be bound by the laws of another state or country.

4.10 Proposer/Vendor Protest

Any actual or prospective Proposer or vendor who is aggrieved in connection with the solicitation, evaluation or award of a Contract may formally protest to the Chief Procurement Officer.

4.11 Not Exclusive

Contractor acknowledges and agrees that the Contract with TWU is non-exclusive and TWU has the right to engage with other contractors for similar or identical scopes of work, and to purchase similar or identical Services from other contractors. Any term or provision in the Contractor Terms indicating the Contract is exclusive is expressly rejected and is null and void.

SECTION 5

PROPOSER’S QUESTIONNAIRE

The Proposer recognizes that in selecting a supplier, TWU will rely in part on the answers provided in response to this section. Accordingly, Proposer certifies that to the best of its knowledge, all responses are true, correct and complete.

TWU reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

5.1 Provide a summary of the Proposer’s overall capabilities, recent and related experience, and expertise. Provide information on the Proposer’s experience related to the scope of work outlined in this RFP, as well as its current work load, facilities, resources and experience that clearly demonstrate its ability to successfully complete the work required within the constraints stated.

5.2 Provide the name and email address of a point-of-contact for the submitted proposal response. This point-of-contact will not be recognized as, or accepted in lieu of, the “Proposer Signature” requirements in Section 7 of this document.

5.3 Provide a copy of your company’s audited financial statements if requested for the past two years.

5.4 Provide a brief description of projects completed or commodities sold within the past five years. The projects or commodities should be similar to the scope of work or desired goods described in this RFP. Include, as applicable, project description and location or commodities sold, description of services or commodities provided, budget performance and schedule performance, key personnel involved, client name, contact name and phone number. Particular weight will be given to similar projects in higher education.

5.5 Provide evidence demonstrating the quality and variety of promotional items offered, such as online product catalogs, material specifications, sample photos, or client references for similar projects.

5.6 Provide three professional references (key contact names, titles, and telephone numbers) that have direct knowledge of your ability to provide the type of goods and/or services outlined in this RFP. Particular weight will be given to references provided in higher education.

5.7 Provide documentation or evidence demonstrating a record of customer service excellence, such as client satisfaction surveys, performance evaluations, or customer testimonials.

5.8 Provide HUB Certificate if applicable and any professional organizations the Proposer is a member of or actively involved with.

5.9 Provide any details of all pending litigation or claims filed against your company in the past ten years that would negatively impact your company’s performance under a Contract with TWU.

5.10 Provide a completed and signed W9 for your company.

5.11 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

5.12 Is your company currently in default on any loan Contract or financing Contract with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution.

SECTION 6

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions or ones that are substantially similar will be contained in any resulting Contract or purchase orders arising out of this RFP. If the Proposer takes exception to any of the following General Terms and Conditions set forth, the Proposer must submit a list of the exceptions as part of its proposal. The Proposer’s exceptions will be reviewed by TWU and may result in disqualification of the Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then TWU may consider Proposer’s exceptions when TWU evaluates the Proposer’s proposal. In addition, and to the extent they do not conflict with these terms in any resulting contract, TWU purchase order terms and conditions will apply to all purchases of goods and services by TWU https://www.twu.edu/procurement/terms-and-conditions/

6.1 Publicity

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

6.2 Independent Contractor Status

Contractor is an independent contractor. Contractor is not a state employee, partner, joint venture, or agent of TWU. As an independent contractor, Contractor is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort including worker’s compensation insurance. Contractor is responsible for its conduct of business operation, including employee salaries, travel expenses, etc.

6.3 Subcontractors

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

6.4 Insurance Requirements

6.4.1 Insurance

Contractor agrees to maintain, at Contractor’s sole expense, and provide proof of insurance meeting TWU’s Third Party Insurance Standards https://twu.edu/media/documents/risk-management/TWU- Third-Party-Insurance-Standards.pdf By requiring such minimum insurance, the University shall not be deemed or construed to have assessed the risk that may be applicable to the Contractor. Therefore, the Contractor shall assess its own risks and, if it deems appropriate, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or obligations assumed or pursuant to the contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

The Contractor’s failure to comply with the requirements of this section shall be considered a breach of this Agreement.

Proof of Insurance Coverage will be forwarded to Texas Woman’s University Procurement and Contract Services. Please email to procure@twu.edu.

6.4.2 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, the vendor shall furnish Procurement and Contract Services with certificates of insurance in a form acceptable to TWU’s Risk Manager, certifying that the http://www.twu.edu/procurement/terms-and-conditions/ http://www.twu.edu/procurement/terms-and-conditions/ https://twu.edu/media/documents/risk-management/TWU-Third-Party-Insurance-Standards.pdf https://twu.edu/media/documents/risk-management/TWU-Third-Party-Insurance-Standards.pdf about:blank vendor carries the required insurance policies and coverage. The certificates shall be sent to Procurement and Contract Services, at the address or email listed in section 2.1.

6.4.3 Notification of Cancellation

The vendor will endeavor to notify TWU’s Office of Procurement and Contract Services 30 days before any material change or cancellation of any insurance policy. In the event the vendor receives notice of modification or cancellation of any of the policies required under the Contract, then prior to the effective date of modification or cancellation of the policy, the vendor shall obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TWU’s Risk Manager. If the vendor fails to obtain such an insurance policy, TWU may immediately terminate the Contract without further notice to the vendor.

6.5 Acceptance of Products and Services

All products furnished and all services performed under the Contract shall be to the satisfaction of TWU and in accordance with the specifications, terms and conditions of this Contract. TWU reserves the right to inspect the products furnished or the services performed and to determine the quality, acceptability and fitness of such products or services.

6.6 Infringement of Patents and Copyrights

The vendor agrees to protect TWU from claims involving infringement of patents or copyrights. If applicable to any awarded Contract, Vendor will defend, at its expense, any proceeding against TWU (“Claim”) to the extent such Claim is based upon an allegation that Vendor’s product, as of its delivery date under the Contract, infringes a valid United States patent or copyright or misappropriates a third party’s trade secret. Vendor will indemnify TWU for any judgments, settlements and reasonable attorney fees resulting from a Claim.

6.7 Taxes

6.7.1 TWU, as an agency of the State of Texas, qualifies for exemption from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The vendor may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.

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

6.8 Technology Access

The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of electronic and information resources (EIR) unless that EIR meets certain statutory requirements relating to accessibility as required by Texas Administrative Code (TAC) 206 and 213. Accordingly the vendor represents and warrants to TWU that the EIR provided to TWU complies with the accessibility requirements as outlined in 1 TAC 206 and 213 by providing (1) a completed Voluntary Product Accessibility Template (VPAT) attesting to the EIR’s accessible features and capabilities or (2) providing a similarly formatted document as the VPAT attesting to the EIR’s accessible features and capabilities.

6.9 Federal Funding

6.9.1 This Contract may be funded wholly or partially with federal funds. The Proposer shall comply with all applicable provisions of federal law.

TWU utilizes https://www.whitehouse.gov/omb/information-for-agencies/circulars/ and http://www.gsa.gov for all federal guidelines.

http://www.whitehouse.gov/omb/information-for-agencies/circulars/and http://www.whitehouse.gov/omb/information-for-agencies/circulars/and http://www.gsa.gov/

6.10 Time of Performance

Time is of the essence in the rendering of services and delivery of products under a Contract. Contractor agrees to perform all obligations and render services on the schedules set forth in this proposal or as agreed upon in a written Contract. TWU will have no obligation to accept late performance by the Contractor.

6.11 Default

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

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

6.12 Termination

6.12.1 Upon award, the Contract may be terminated, without penalty, by TWU or the vendor with or without cause by giving at least thirty (30) days written notice of such termination.

6.12.2 Upon award, the Contract is subject to termination, without penalty, in whole or in part, if funds are not appropriated by the legislature of the State of Texas.

6.12.3 The Contract may be terminated by either the vendor or by TWU upon thirty (30) days written notice to the other, if the other party fails to perform or comply with any of the material terms, covenants, Contracts or conditions hereof, and such failure is not cured during such thirty (30) day period.

6.12.4 TWU may terminate the Contract immediately without further notice if the vendor (i) petitions for reorganization under the Bankruptcy Code or is adjudged bankrupt; (ii) becomes insolvent or a receiver is appointed due to the insolvency; or (iii) makes a general assignments or sale of its assets or business for the benefit of creditors.

6.12.5 In no event shall such termination by TWU as provided for under this section give rise to any liability on the part of TWU including, but not limited to, claims of vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. TWU’s sole obligation hereunder is to pay vendor for products or services received prior to the date of termination.

6.13 Contractual Requirements

6.13.1 Contract administration will be by TWU Procurement and Contract Services. No modification or amendment to any awarded Contract shall become valid unless agreed to by TWU in writing and signed by both parties. All correspondence regarding modifications or amendments to an awarded Contract must be forwarded to the TWU Procurement and Contract Services Department for prior review and approval. Only the Chief Procurement Officer or his/her designee will be authorized to process changes or amendments. All amendments must be signed by the same person who signed the original Contract or a person with institutional approval authority.

6.13.2 Proposer(s) shall reference the applicable TWU contract number on all quotes and invoices.

6.13.3 Proposer(s) shall accept a purchase order. Purchase orders will be submitted by fax or email depending on the Proposer(s) preference. No work shall commence at any time unless a valid purchase order has been received by the Proposer. TWU is not liable to pay any order that is not submitted on a TWU purchase order.

6.13.4 All changes must be supported by a written Purchase Order Change Notice prepared and processed by

TWU Procurement and Contract Services. Other TWU personnel do not have the authority to issue changes, oral or written, to the resulting purchase order.

6.14 Retention of Documents

The vendor will maintain records generated pursuant to the Contract for the full term of the Contract plus a period of at least seven (7) years after expiration or termination of the Contract.

6.15 Right to Audit

6.15.1 The vendor understands that acceptance of funds under any Contract awarded from this RFP acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The vendor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The vendor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract awards.

6.15.2 TWU shall have the right, at its sole cost, to either use its own employees or engage an independent third party to audit the financial records of a vendor pertaining to any awarded Contract for the preceding forty eight (48) month period. Such audit shall be completed by TWU or its representatives at the vendor’s office, on reasonable advance notice, and on dates and times mutually agreed to by the parties. In the event such audit reveals any underpayment to or overpayment by TWU, the vendor shall promptly pay the amount to TWU. If such audit reveals any overpayment to or underpayment by TWU, TWU shall promptly pay the amount.

6.16 Confidentiality

Vendor and TWU acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other.

Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with vendor or TWU unless required by law.

In the course of providing services during the term of the Contract, Vendor may have access to student education records and HIPPA records that are subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.

1232g, et seq. and the regulations promulgated there under. Such information is considered confidential and is therefore protected. To the extent that Vendor has access to “education records” under the Contract, it is deemed a “school official,” as each of these terms are defined under FERPA. Vendor agrees that it shall not use education records for any purpose other than in the performance of the Contract. Except as required by law, Vendor shall not disclose or share education records with any third party unless permitted by the terms of the Contract or to subcontractors who have agreed to maintain the confidentiality of the education records to the same extent required of Vendor under the Contract.

Vendor shall not make available information on any student, faculty, or staff member for marketing purposes.

6.17 Severability

If one or more provisions of the resultant Contract, or the application of any provision to any party or…