ESBD_498791_1774036835769_ITB UHS TERMS & CONDITIONS FINAL.pdf

INVITATION TO BID: LEGAL INFORMATION AND TERMS & CONDITIONS

Legal Information:

ALTERNATE PRODUCTS AND EXCEPTIONS

Although certain manufacturer trade names and numbers are specified, an alternate will be considered. Bidder by bidding alternate warrants that products being bid meet or exceed specifications. If bidding other than the referenced brand/model, please submit full descriptive literature with bid. Note: If an alternate is bid and descriptive literature is not included, bid will be considered invalid.

If bidding an alternate brand, bidders may be required to transport department personnel to a location where equipment is being used to demonstrate its functions.

In the event a bidder takes exception to any of the specifications listed below, an exception list must be Included (on a separate sheet of paper) when submitting this bid.

This exception list must be numbered according to the number of the specification in which an exception is taken. The exception should include full disclosures of the exception taken.

FAILURE TO SUBMIT THIS EXCEPTION LIST WITH YOUR BID MAY CAUSE

DISQUALIFICATION OF YOUR BID.

WAIVER OF INCONSISTENCIES

The University of Houston reserves the right to waive any and all minor technical inconsistencies in evaluating the proposal responses.

INCURRED EXPENSES

Any and all expenses incurred in response to this proposal are entirely the responsibility of the vendor. Neither the University, nor the State of Texas, is liable in any manner.

FIXED EXCALATION CLAUSE

Bidders must certify a fixed, maximum percentage of escalation for both the subsequent terms of the contract as specified. This percentage will be employed in the evaluation and award of any contract resultant of the bid. The maximum annual percentage of escalation is ______%. If this field is not filled in, an escalation of 0% will be assumed. All prices MUST remain firm during the initial term of award as identified on this ITB

TERMINATION CLAUSE

The University may terminate this award at any time upon 30‐calendar days’ notice in writing to the awarded Firm. Upon receipt of such notice, Firm shall, unless the notice directs otherwise, discontinue all services in connection with the performance of the award and shall proceed to cancel promptly all existing orders and awards insofar as such orders and awards are chargeable to this award.

CAMPUS PARKING AND DELIVERY

Parking on the University of Houston campus is strictly enforced. Prior to parking on the campus vendors should consider obtaining instructions and/or parking tokens from the Information Center at Entrance 1. The university does not maintain a central receiving location and unless otherwise noted in this bid, all deliveries are to be considered “inside the user department”.

Please note: If you park illegally on the University of Houston campus, you do so at your own risk.

PUBLIC INFORMATION

University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non‐confidential and/or non‐ proprietary nature, and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

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

Please submit your request to the University of Houston System’s Texas Public Information Act Officer at email publicinfo@uh.edu, by fax to 713‐743‐0726 or by mail or in person to 4302 University Drive (Office 311 of the E. Cullen Building), Houston, Texas 77204‐2028 (Attention: Public Information Act Officer).

CRITERIA FOR AWARD

The evaluation of the bid will include the overall response to the bid, and will include, but is not limited to the “Best Value Standard for Purchase of Goods or Services” and any other factor the University of Houston deems relevant. The University must be confident that their needs can be met. The University will evaluate and make the award on the bid that is determined to be the best value to the State based on the criteria listed below.

All bids must be complete and convey all of the information requested to be considered responsive.

Considerations for award of this contract will include the factors in accordance with Government Code 2155.074. Further definition of the Best Value Standard for Purchase of Goods or Services is described as follows:

a) For a purchase of goods and services under this chapter, each state agency, including the Texas Procurement and Support Services, shall purchase goods and services that provide the best value for the state.

(b) In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the University may, subject to Subsection (c) of Government Code 2155.074 and Government Code Section 2155.075, consider other relevant factors, including:

1. installation costs;

2. life cycle costs;

3. the quality and reliability of the goods and services;

4. the delivery terms;

5. indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;

6. the cost of any employee training associated with a purchase;

7. the effect of a purchase on agency productivity;

8. the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment; and

9. other factors relevant to determining the best value for the state in the context of a particular purchase.

TERMS AND CONDITIONS: ITEMS BELOW APPLY TO AND BECOME A PART

OF BID, ANY EXCEPTIONS THERETO MUST BE IN WRITING

1. BIDDING REQUIREMENTS

1.1 Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of

Texas and the University of Houston in addition to the requirements of this form.

1.2 Bidders must price per unit shown. Unit prices shall govern in the event of extension errors.

1.3 Bids should be submitted on this form. Bids must be time stamped at University of Houston (UH)

Purchasing Department Office * on or before the hour and date specified for the bid opening.

1.4 Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.5 Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

1.6 Bid prices are requested to be firm for UH acceptance for 60 days from bid opening date. "Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.7 Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right hand corner.

1.8 Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the UH based on an acceptable written reason.

1.9 Purchases made for State use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise tax Exemption Certificates are available upon request.

1.10 The University reserves the right to accept or reject all or any part of any kind, waive minor technicalities and award the bid to best serve the interests of the State.

1.11 Consistent and continued tie bidding could cause rejection of bids by the UH and/or investigation for antitrust violations.

1.12 Inquiries pertaining to IFBs must include the requisition number and opening date.

2. SPECIFICATION

2.1 Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under

Texas Government Code, Title 10, Subtitle D, Section 2155.067. If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

INVITATION TO BID: LEGAL INFORMATION AND TERMS & CONDITIONS

2.2 Unless otherwise specified, items shall be new and unused and of current production.

2.3 All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

2.4 Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address, and requisition number. Do not enclose in or attach bid to sample.

2.5 The State will not be bound by any oral statement or representation contrary to the written specifications of this Invitation to Bids (ITB).

2.6 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.

3. TIE BIDS

Awards will be made in accordance with Texas Government Code, Title 10, Subtitle D, Chapter 2155, Subchapter H. Purchasing Preferences.

4. DELIVERY

4.1 Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

4.2 If delay is foreseen, vendor shall give written notice to the UH and the ordering agency. Vendor must keep the UH and ordering agency advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the UH to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions permitted without written approval of UH.

4.4 Delivery shall be made during normal working hours only, unless prior approval has been obtained from ordering agency.

5. INSPECTION AND TESTS

All goods will be subject to inspection and test by the University. Authorized UH personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the vendor in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the University's option, be returned to the vendor or held for disposition at vendor's expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT

A response to this IFB is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids do not become contracts until they are accepted through a University of Houston

Purchase Order or Contract. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Texas Government Code, Title 10, Subtitle D, Section 2155.074, 2155.144, 2156.007, and 2157.003 shall also be considered in making an award when specified. Any legal actions must be filed in Harris County, Texas.

7. PAYMENT

Vendor shall submit 2 copies of an itemized invoice showing University Purchase Order or contract number on all copies. The University will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

8. PATENTS OR COPYRIGHTS

The vendor agrees to protect the University from claims involving infringement of patents or copyrights.

9. VENDOR ASSIGNMENTS

Vendor hereby assigns to University any and all claims for overcharges associated with this contract arising under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967).

10. BIDDER AFFIRMATION

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that:

10.1 The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

10.2 Neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws (see section 9, above), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

10.3 Pursuant to Section 2155.004 Government Code, the bidder has not received compensation for participation in the preparation of the specifications for this IFB.

10.4 Pursuant to Section 231.006 (d), Family Code, re: child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

10.5 Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

10.6 The bidder shall defend, indemnify, and hold harmless the University of Houston, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract.

10.7 Bidder agrees that any payments due under this 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.

Bidder affirms it is not currently delinquent on payment of any franchise taxes to the State of

Texas.

10.8 Bidder certifies that they are in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated:

Name of Former executive: _____________________________ Name of State agency: ________________________________ Date of separation from State agency: ____________________ Position with bidder: __________________________________ Date of Employment with bidder: ________________________

10.9 Bidder agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas.

10.10 Contractor understands that acceptance of funds under this contract 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. Contractor 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. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards.

11. Pursuant to Section 231.006 (c), Family Code, bid must include names and Social Security Numbers of each person with at least 25% ownership of the business entity submitting the bid. Attach name & social security numbers for each person. This information must be provided prior to contract award.

12. NOTE TO BIDDER

Any terms and conditions attached to a bid will not be considered unless specifically referred to on this bid form and may result in disqualification of the bid.

13. The dispute resolution process provided for in chapter 2260 of the Texas Government Code must be used by the UH and the contractor to attempt to resolve all disputes arising under this contract.

14. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code

(the "Public Information Act").

15. TECHNOLOGY ACCESS CLAUSE

The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to the University of Houston that the technology provided to the University of

Houston for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. Providing equivalent access for effective use by both visual and non‐visual means;

2. Presenting information, including prompts used for interactive communications, in formats intended for both visual and non visual use; and

3. Being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this clause, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services that would constitute reasonable accommodations under the Federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

Revised November 16, 2017