ESBD_464742_1761254463840_RFP 735-2026-8247 Facilities Shops Yard Expansion - Final.pdf

RFP 735-2026-8247 Facilities Shops Yard Expansion

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 1 of 25

Midwestern State University

Purchasing & Contract Management Department

2733 Midwestern Pkwy, Room 105

Wichita Falls, TX 76308

Request for Proposal

RFP 735-2026-8247

October 23, 2025

Anticipated Schedule of Events

Date Event

October 23, 2025 Issuance of RFP

October 30, 2025 (10:00 am CT) Pre-bid meeting at the Life Long Center lot (non-mandatory)

November 5, 2025 (12:00 pm CT) Deadline for Submission of Questions

November 6, 2025 (5:00 pm CT) Release of Official Responses to Questions

November 13, 2025 (2:00 pm CT) Deadline for Submissions of Offers

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 2 of 25

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 – Civil Plans Appendix G – Prevailing Wage Rates Appendix H – Campus Map

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 3 of 25

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: October 23, 2025

Non-Mandatory Pre-Bid: October 30, 2025 (10:00 am CT) at LLC parking lot

Deadline for Submission of Questions:

November 5, 2025 (12:00 pm CT)

Deadline for Response to Questions:

November 6, 2025 (5:00 pm CT) or as soon as possible thereafter as practical

Deadline for Offers: In issuing office no later than: November 13, 2025 (2:00 pm CT)

1.5 Initial Contract Term: Construction completed by 3/1/26, including all punch list items.

1.6 Optional Contract Term N/A

1.7 Contact Person for this RFP: Tracy Nichols (tracy.nichols@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.

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.

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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.

Criteria Weight

Completeness & General Response to this RFP (to include all requested documentation)

5%

Past Performance with Respondents 5%

Prior experience in higher education 5%

References 5%

Overall Costs 80%

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.

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 5 of 25

Section 2

General Information

2.1 Introduction

Midwestern State University seeks responses from qualified respondents for Facilities Shops Yard

Expansion (fencing & concrete) for campus facilities as 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.

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.

https://msutexas.edu/purchasing/_assets/files/purchasing-general/midwestern-state-university-standard-terms-and-conditions-for-purchase-order---rev-6-nov.-2020-final.pdf https://msutexas.edu/purchasing/_assets/files/purchasing-general/midwestern-state-university-standard-terms-and-conditions-for-purchase-order---rev-6-nov.-2020-final.pdf

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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 vendors using this solicitation in an attempt to make a sales call (which circumvents the solicitation process) will not receive a response.

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.

http://msutexas.edu/purchasing/ https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

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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

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

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 8 of 25 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.

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.

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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

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.

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

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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:

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;

https://www.texastech.edu/offices/cfo/system-regulation-07.01-public-records.pdf

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 11 of 25 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 subcontractors, assigned by respondents to perform work pursuit the contract within the United States.

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 contractor to protect the State against loss due to the contractor’s failure to pay subcontractors 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 contractor to protect the State against loss due to the contractor’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/vendor/hub.

https://comptroller.texas.gov/purchasing/vendor/hub/

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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/vendor/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 contractors 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 contractor 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

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.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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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:

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

(3) 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)

Valid Certificate of Liability Insurance

Documentation supporting Proposer’s qualifications including HUB certification (if applicable)

HUB Subcontracting plan (required for solicitation valued at $100,000.00 or more)

Conflict of Interest Affirmation

Bid Deposit (Bid Bond) (per Section 5.9) Performance Bond (per Section 5.9) Payment Bond (per Section 5.9)

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 G.

Additional Instructions:

• The response may not exceed (30) thirty 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:

http://msutexas.edu/purchasing/ http://msutexas.edu/purchasing/contract-management https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2258.htm

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• 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

• as requested by the University, written instructions authorizing the University to request additional documentation from respondent’s own suppliers to verify the information submitted by respondent.

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

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6.2 Specifications & Scope of Work

Facilities Shops Yard Expansion (Fencing and Concrete)

1. SCOPE

• A. New fencing to be stained as noted on drawing C2 with Cabot 3005 Pacific Redwood Stain applied full strength to both sides of the fence. Existing relocated fencing to be power washed and stained with the same stain on both sides of the fence.

• For clarification on sheet C1, the 18” and 3-19” trees to be demoed at the northeast corner of the parking lot make up only two trees at their base. It is not three separate trees.

• Note alternate to provide hydromulch to the demoed concrete area at the north end of the parking lot (reference drawing C2).

Schedule:

Bidders can submit a schedule proposal with their bids. Would expect ALL work, including punch list items, to be completed by 3/1/26.

General Requirements

1. The Contractor shall take precautions to protect MSU personnel and students in the area.

a. Cordon off work areas.

b. Keep trip hazards (materials, cords, tools, etc.) out of walk paths.

c. Promptly clean up slip hazards.

2. The Contractor shall take precautions to protect MSU property.

a. Protect area to prevent damage from Contractor activities.

b. Fire extinguishers are to be readily available and fire watches established during and after operations that could cause fires.

c. Prevent water damage from either construction activities or natural causes (i.e. rain and snow).

3. Contractor shall maintain constant dust and debris control throughout the duration of the project.

4. The Contractor is responsible for the removal off all construction related debris, MSU dumpsters shall NOT be used.

5. The Contractor shall keep project materials in the immediate work area or an agreed upon staging area.

6. Products are to be installed per the manufacturer’s specifications.

7. All products are to be asbestos free.

8. The Contractor shall thoroughly clean and straighten the area upon the completion of the project.

9. Work is to occur Monday through Friday between 7:00 am and 6:00 pm. Work outside of these times may be possible, but it must be agreed upon by MSU’s project coordinator and must be arranged at least 24 hours in advance.

10. The Contractor shall provide product specification sheets and maintenance instructions.

11. The Contractor shall provide standard product warranty and a one-year guarantee on workmanship.

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6.3 Proposal Sheet/Pricing Schedule

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

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 firearm entity for firearm trade association and will not discriminate during the term of the contract (This only applies to companies with at least ten (10) full-time employees and a contract value @ $100,000 or greater). Texas Government Code 2274, Government entities may not enter into a contract with a company unless written verification is received.

____ The respondent does not require customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to gain access to, or receive service from the business. (Per Texas

Health & Safety Code 16.0085, a business that fails to comply with this requirement is not eligible to enter into a contract payable with state funds).

____ Foreign Adversaries. Pursuant to Executive Order No GA—48, as amended and/or codified, Contractor certifies that it, and, if applicable, its holding companies or subsidiaries, are not:

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

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

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

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of

Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

ITEM DESCRIPTION COST

Base Price:

Alternate: (reference drawing C2)

Additional Notes:

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 17 of 25

Responses must be signed by the responding company’s official authorized to commit such responses.

Failure to sign the Proposal Sheet/Pricing Schedule will be basis for response disqualification.

Respondent Name (Company):

Contact Name:

Title:

Street Address:

City, State, Zip Code

Phone Number:

Contact E-Mail:

*Signature of Authorized Representative:

MSU Purchasing & Contract Management, Rev. 12/06/2024 Page 18 of 25

Section 7 Affirmation and Conflict of Interest Disclosure

Signing this Proposal with a false statement shall void the submitted Proposal or any resulting Contracts, and the Proposer may be reported to the Texas Comptroller for Public Accounts for disbarment. By signature hereon affixed, the Proposer hereby certifies (7.1 through 7.16):

7.1 The Proposer is not currently delinquent in the payment of any debt or taxes owed the State of Texas.

7.2 Any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

7.3 “Pursuant to §231.006, Family Code, re: child support, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate.”

7.4 The Proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, compensation, gift, loan, gratuity, special discount, trip, favor, or service to officer or employee of MSU in connection with the submitted Proposal.

7.5 The Proposer has not received compensation for participation in the preparation of the Specifications for this RFP.

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

7.7 The Proposer and any principals of the Proposer are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of Contracts by any federal agency, and have not within a three (3) year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government Contract or subcontract;

violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise criminally or civilly charged by a government entity with commission of any of these offenses.

7.8 It’s understanding that under §2155.006(b) of the Texas Government Code, MSU may not accept a Proposal or award a Contract, including a Contract for which purchasing authority is delegated, that includes a proposed financial participation by a person who, during the five (5) year period preceding the date of the Proposal or award, has been: (i) convicted of violating a federal law in connection with a Contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by §39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (ii) assessed a penalty in a federal civil or administrative enforcement action in connection with a Contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricane Rita, as defined by §39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

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7.9 Proposer agrees to comply with Texas Government Code §2155.4441, pertaining to service Contract use of products produced in the State of Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

7.10 To the extent this RFP relates to a project as defined Texas Government Code §2252.201(5) (a project to construct, remodel, or alter a building, structure, or infrastructure; to supply material for such a project; or to finance, refinance, or provide funds for such a project), and no exemption in Texas Government Code §2252.203 applies, any iron or steel product produced through a manufacturing process and used in the project that is the subject of this RFP must be produced in the United States as defined in Texas Government Code §2252.201(4).

7.11 Proposer is in compliance with §669.003 of the Texas Government Code, relating to contracting with executive head of a State agency. If §669.003 applies, Proposer will complete the following information in order for the Proposal to be evaluated:

Name of Former Executive: _________________________________________________

Name of State Agency: _____________________________________________________

Date of Separation from State Agency: ________________________________________

Position with Proposer: ____________________________________________________

Date of Employment with Proposer: __________________________________________

7.12 The Proposal includes the name and Social Security Number of each person maintaining an ownership interest of twenty-five percent (25%) or more of the business entity submitting the Proposal. Contractors that have pre-registered this information on the Texas Comptroller’s Centralized Master Bidders' List will be deemed to have satisfied this requirement.

Name, SSN

7.13 Any resulting Contract is not prohibited under Texas Government Code §2261.252(b) and Proposer agrees that if Proposer’s certification is or becomes untrue, the Contract is void, and the Proposer will not seek and waives its right to seek any legal or equitable remedy for past or future performance under the Contract, including damages, whether under breach of contract, unjust enrichment, or any other legal theory; specific performance; and injunctive relief.

7.14 Conflicts of Interest

7.14.1 No relationship, whether by blood, marriage, business association, capital funding Contract or by any other such kinship or connection to the second degree of consanguinity exists between any owner of the Proposer that is a sole proprietorship, the officers or directors of the Proposer that is a corporation, the partners of any Proposer that is a partnership, the joint ventures of any Proposer that is a joint venture, or the members or managers of any Proposer that is a limited liability company, on one hand, and an officer or employee of MSU, on the other hand, and

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7.14.2 The Proposer, and any executives, managers, or employees of the Proposer have not been an employee of MSU within the immediate twenty-four (24) months prior to the submittal deadline. If any previous employee of MSU is employed by the Proposer, that information shall be submitted in 7.13.

7.14.3 No officer or employee of Proposer is in any dual employment positions with MSU that would result in a conflict of interest or conflict of commitment in relation to the position at MSU. If such circumstance arises, the officer or employee must remove himself or herself from the Procurement process and disclose the relationship to his or her direct supervisor. The supervisor is responsible for reviewing all Procurements of Goods and Services for any potential conflict of interest. As necessary, the supervisor shall consult with the MSU Director of Purchasing & Contract Management. It is agreed that a MSU department may not hire a Proposer to provide Goods or Services if a current MSU officer or employee of such department is also employed by such Proposer; a current officer or employee of such department has a direct or indirect ownership interest in such Proposer; or the hiring of such Proposer would result in the furtherance of any private interest or gain for a current officer or employee of such MSU department. If it is decided by MSU that a dual employee may provide Goods or Services to MSU, if classified as a sole proprietorship or an individual, payment to said employee will be made through the Payroll Services department as additional compensation.

7.14.4 Proposer will make all disclosures required under Texas Government Code §2252.908 upon award of a Contract that has a value of at least $1 million.

7.15 Conflict of Interest Affirmation:

By signing and submitting the Proposal, the Proposer confirms that it acknowledges compliance and has provided all relevant information required below.

□ The Proposer represents and warrants that its provision of Goods or Services or other performance under the Contract will not constitute an actual or potential Conflict of Interest and represent and warrant that it will not reasonably create even the appearance of impropriety.

□ Disclose any current or former employees who are current or former employees of the Institution.

Former Employee Name, MSU Department

□ Disclose any actual or proposed personnel who are, or are related to, current or former employees of the Institution.

Actual or Proposed Personnel, Related Party http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm

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□ The Proposer represents and warrants that it has not given and will not give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant or employee or representative of the Institution in connection with the Solicitation or any resulting Contract.

□ Neither the Proposer nor the Proposer’s principals (including, but not limited to, an owner, proprietor, sole or majority shareholder, director, president, or managing partner) are debarred, suspended, or otherwise excluded from doing business with MSU. MSU may also verify that an entity or principals are not debarred, suspended, or otherwise excluded to confirm that no Contracts are awarded, extended, or renewed.

Proposer Information and Signature

MSU will not enter into a Contract that requires Regents’ approval prior to execution.

All disclosures by Proposer will be subject to administrative review and approval before MSU enters into a Contract with Proposer. Any false statements or violations of this conflict of interest policy discovered after execution of a Contract may result in immediate cancellation of the Contract in addition to a potential debarment of the Contractor from doing business with the State of Texas.

Proposer certifies that the individual signing this RFP document and the documents made a part of this RFP is authorized to sign such documents on behalf of Proposer and to bind Proposer under any Contract that may result from the submission of Proposer’s Proposal.

By signing the Proposal, the Proposer certifies that if a Texas address is shown as the address of the Proposer, the Proposer qualifies as a Texas Resident Bidder, as defined in 34 TAC §20.38.

Payee Identification Number (PIN):

Contractor: __________________________________________________________________

Name (Typed):

Title: _______________________________________________________________________

Street: _____________________________________________________________________

City/State/Zip:

Telephone Number:

Fax Number: ________________________________________________________________

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