ESBD_535372_1783538899184_RFP 750-25-26-012 Job Order Contracting Services.pdf

REQUEST FOR COMPETITIVE SEALED

PROPOSALS FOR A CONTRACTOR

The University of Texas at Tyler

Job Order Contracting Services for Interior Renovations and General Construction Services

RFP No. 750-25/26-012

RFP ISSUE DATE: Wednesday, July 8, 2026

Pre-Proposal Meeting: Wednesday, July 15, 2026

RFP SUBMITTAL DUE DATE: Wednesday, August 5, 2026

Prepared By:

Demi Beckham, CTCD The University of Texas at Tyler

T A B L E O F C O N T E N T S

Section 1 – Introduction

1.1 Description of The University of

Texas at Tyler

1.2 Background and Expectations

1.3 Objective

Section 2 – Notice to Proposers

2.1 General

2.2 Submittal Deadline

2.3 University Contacts

2.4 Type of Contract

2.5 Inquiries and Interpretations

2.6 Public Information

2.7 Contract Award Process

2.8 General Criteria for Selection

2.9 Subcontracting Plan

2.10 Respondent’s Acceptance of

Evaluation Methodology

2.11 Commitment

2.12 Historically Underutilized

Businesses

2.13 Key Events Schedule

2.14 Issuance of Documents

2.15 Submittal Timing of Contracts, Bonds, etc.

2.16 Group Purchasing Authority

2.17 Disclosure Requirements

2.18 Attestation of Compliance

Regarding Covid-19

Section 3 – Proposal Requirements

3.1 General Instructions

3.2 General Preparation and

Proposal Submittal Instructions

3.3 Pricing and Delivery Schedule

3.4 Terms and Conditions

3.5 Addenda to Solicitations

3.6 Forms Information

3.7 Modifications Prior to Date Set

for Proposal Receipt

3.8 Safety Requirements

3.9 Quality Control

3.10 Site Visit Information

3.11 Proposal Submission

Instructions

3.12 Past Performance

3.13 Proposer’s Checklist

Section 4 – General Terms and Conditions

4.1 General

4.2 Definitions

4.3 Entire Agreement

4.4 Time of Performance

4.5 Default

4.6 Termination

4.7 Application for Payment

4.8 Contract Amendments

4.9 Independent Contractor Status

4.10 Compliance with Law

4.11 University’s Right to Audit

4.12 Access to Documents

4.13 Title and Risk of Loss

4.14 Acceptance of Products and

Services

4.15 Sales and Use Tax

4.16 Insurance

4.17 Indemnification

4.18 Force Majeure

4.19 Other Benefits

4.20 Publicity

4.21 Severability

4.22 Non-Waiver of Defaults

4.23 Assignment

4.24 Assignment of Overcharge

Claims

4.25 Patent and Copyright

4.26 Freedom of Access and Use of

Facilities

4.27 Observance of University’s

Rules and Regulations

4.28 Section Headings

4.29 Notices

4.30 Governing Law

4.31 Delivery

4.32 Miscellaneous Provisions

Section 5 – Specifications

5.1 General

Section 6 – Execution of Offer

Section 7 – Pricing and Delivery Schedule

7.1 Base Period

7.2 1st Option Period

7.3 2nd Option Period

7.4 Preliminary Proposal Delivery

7.5 not used

7.6 not used

7.7 Coefficient Development for

Base and Option Years

7.8 Line Item Clarification

7.9 Option Year(s) Extension

7.10 Adjustment to Unit Price for

Option Years

Section 8 – Proposer’s Questionnaire

8.1 Company Profile

8.2 Approach to Project

8.3 General Requirements

8.4 Service Support

8.5 Quality Assurance

8.6 Miscellaneous

8.7 Technical Approach

8.8 Management Approach

Special Conditions

Website for 2013 Uniform General & Supplementary General Conditions

Construction Site Procedures

Attachments:

Attachment A – Campus Map Agreement B – Job Order Contracting Agreement Attachment C – Payment and Performance Bonds Attachment D – Task Order Form Attachment E – Change Order Form Attachment F – Evaluation Criteria and Points Exhibit H – SP Required Affirmation

SECTION 1

INTRODUCTION

1.1 Description of The University of Texas Health Science Center at Tyler

With a mission to improve educational and healthcare outcomes for East Texas and beyond, UT Tyler offers more than 80 undergraduate and graduate programs to 11,600 students. Through its alignment with The University of Texas Health Science Center at Tyler and UT Health East Texas, UT Tyler has unified these entities to serve Texas with innovative medical research, medical education and excellent patient care. Classified by Carnegie as a doctoral research institution and by U.S. News & World Report as a national university, UT Tyler strives to fulfill our primary missions of education, research and service.

1.2 JOC Background and Program Expectations

1.2.1 JOC Background

The University typically selects projects for issuance to the JOC Program with an estimated construction cost in the range from $50,000 to $300,000. The typical cost of a single project is approximately $75,000.

1.2.2 Program Expectations

1.2.2.1 Contractor shall provide the University with a responsive and experienced Management Team (Management Team must consist of full-time employees of contractor. Temporary employees and subcontractor employees are not acceptable) that is capable of:

• Preparing and executing multiple projects at multiple building/locations simultaneously.

• Delivering high quality work and meeting construction schedule deadlines.

• Managing a large number of multiple subcontractors

• Computer and web-based operations.

• Maintaining a “can do” attitude.

1.2.2.2 Contractor shall have a pro-active diversification program

(subcontractors) to include small and Veteran Heros Untied in Business (VetHUB)s including but not limited to the following:

• Reaching out to local subcontractors.

• Establishing a “Mentor/Protege” program to assist smaller subcontractors.

• Playing an active role in meeting the University’s “Good Faith Effort” for

VetHUB participation.

The JOC Program encourages the support and growth of the local and regional economy by providing work opportunities to small business and Veteran United in Business (VetHUB), via a General Contractor, which may not normally be able to do business with the University. Growth of the Subcontractor/ Vendor / Supplier community, as well as voluntary compliance to goals and objectives of the State of Texas’s VetHUB program must be diligently maintained and progressively improved.

1.2.2.3 Contractor shall have the financial resources to undertake the projected level of work, including:

• Significant mobilization costs (i.e., bonds, insurance, computers, office, personnel, etc.).

• Resources to assist small local subcontractors with payroll and material expenses.

• Long lead time before a positive cash flow.

1.3 Objectives of this Request for Proposal

1.3.1 Rapid Mobilization after Contract Award and Job Order

• Shorten the project (Job Order) development

• Provide reliable and controlled construction performance schedules

• Meet or exceed the needs of the Customer(s)

• Faster response time(s) for project commencement

1.3.2 High Level of Quality at a Firm, Fixed Price

• Performance satisfaction

• Standardization on process and procedures, with consideration of interaction with the

University

• “Lessons Learned” as a program and commitment to avoiding costly and repetitious mistakes

1.3.3 Include Subcontractors

• Understanding responsibility of distribution of Work as issued by Job Order

• Potential for having to financially support subcontracting efforts

1.3.4 Retention of JOC Contractor Status

• Remain in an active role in meeting the University’s “Good Faith Effort” for Minority participation

• Develop and maintain a partnership relationship (non-adversarial)

• Participate and remain active in the VetHUB program with VetHUB certified

Subcontractors

• Meet or exceed outlined and proposed performance criteria

1.3.5 Proficiency in Computer Operations

• Preparation of cost proposals using computer software

• Day-to-day contract administration

• Electronic transfer of data and drawings (i.e., “As-Builts,” shop drawings, etc.)

1.3.6 Responsible for Project Budget

• Field verification of specific Drawings and Specifications, in order to develop Firm, Fixed Job Orders, where Contractor is responsible for item’s they missed during proposal preparation

• Implementation of effective cost control methods

• Capable of assisting in value engineering

1.3.7 Perform at a High Level of Quality

• Provide the University with high quality proposals from the Unit Price Book (UPB), using only legitimate scope related items

• Provide high quality of construction

1.3.8 Staff to Meet Job Order Execution Schedules

• Full time and dedicated presence on-site at all times of Contractor employees of Project Management Team will be required.

• Quick response to sudden increased workloads

(END OF SECTION 1)

SECTION 2

NOTICE TO PROPOSERS

2.1 General

The University of Texas at Tyler (“University”) is accepting competitive sealed Proposals to contract for Job Order Contracting, pursuant to Sec. 51.784, Texas Education Code, in accordance with the terms, conditions and requirements set forth in this Request for Proposal, RFP No. 750- 25/26-012. This Request for Proposal (“RFP”) provides sufficient information for interested parties to prepare and submit Proposals for consideration by University.

Contractual arrangements offering the maximum benefit to the University in terms of (1) total overall cost and (2) project management expertise should be offered by the Proposer. Applicable discounts for educational, state and local government entities should be strongly considered.

PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED. FAILURE TO RESPOND TO ALL QUESTIONS AND COMPLETE

ALL BLANKS ON UNIVERSITY PROVIDED FORMS MAY RENDER A PROPOSAL NON-

RESPONSIVE AND ELIMINATE IT FROM CONSIDERATION FOR AWARD OF A CONTRACT.

FOR ELECTRONIC UPDATES TO THIS REQUEST FOR PROPOSALS, ADDENDA AND

FUTURE WORK, GO TO THE ESBD WEBSITE AT:

http://www.txsmartbuy.com/sp https://uttyler.bonfirehub.com

THE UNIVERSITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS AND TO

WAIVE MINOR IRREGULARITIES IN ANY OR ALL PROPOSALS AT ITS DISCRETION.

As an inducement to Proposers to offer lower Unit Prices and Coefficients, the University currently anticipates that it will issue Job Orders to the Contractor totaling a potential of Two Hundred and Fifty Thousand Dollars ($250,000.00) during the base term and each additional option term, as described in this RFP (the “Maximum Value”). However, the overall value of any agreement entered into as a result of this RFP is limited to $1,00,000.00 until such time as Maximum Value is approved by the UT System Board of Regents.

The University does not guarantee that any minimum quantity of work (“Job Order”) will be authorized pursuant to any agreement entered into as a result of this RFP. However, the University believes, in good faith, that the cumulative value of the Job Orders it will issue will be at least $200,000.00 for the base period and $100,000.00 for each of the two (2) option period extensions (the “Target Minimum Value”). Failure to achieve either the Target Minimum Value or the Maximum Value shall not be considered or construed as a breach of any agreement by the University nor shall it be grounds for termination of the agreement by a contractor.

The price for any specific Job Order issued by the University pursuant to an agreement entered into as a result of this RFP shall be based on the Unit Price Guide (UPG). Non-prepriced items shall not exceed twenty-five percent (25%) of the value of any Job Order. The price and scope of individual Job Orders shall be established and negotiated as provided by the JOC Agreement.

2.2 Submittal Deadline

https://uttyler.bonfirehub.com/

To be considered, responsive Proposals must be received by the University at the following location in accordance with the following schedule:

PRICING / DELIVERY RESPONSE: Section 6 and Section 7, TECHNICAL / MANAGEMENT RESPONSE Answering criteria listed in Section 8

August 5, 2026 3:00 PM

Subcontracting Plan (SP)

Letter of VetHUB Commitment for Job Order Contract on company letterhead with signature (a sample of this letter is attached in Exhibit H)

August 5, 2026 3:00 PM

Proposals shall be submitted online using the BonfireHub website currently found at https://uttyler.bonfirehub.com. Submissions by other methods will not be accepted.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Submissions may be amended, but only before the Submission Deadline. Respondents wishing to amend their Proposal may amend before the Submission Deadline directly on the BonfireHub website https://uttyler.bonfirehub.com.

2.3 University of Texas at Tyler Contact Person

All contact, questions and/or concerns regarding this Request for Proposal shall be directed to the individual named below via the Bonfire portal:

Demi Beckham Construction Contracts Coordinator Capital Planning & Construction 3900 University Blvd.

Tyler, Texas 75799 dbeckham@uttyler.edu

2.4 Type of Contract

Selected Proposers will be required to enter into a contract in the form(s) attached to these documents within the Bidding and Contracting Information section. The initial term of the contract will be for two (2) years from the effective date of the contract.

2.5 Inquiries and Interpretations

Responses to inquiries which require an interpretation or change to this RFP will be issued in writing by addendum (amendment) and emailed to all parties identified in University’s records as having received a copy of the RFP. Proposers who do not receive this RFP directly from University are responsible for notifying University of their interest in the RFP and providing a name and email address for receipt of addenda.

All addenda issued by University prior to the time that proposals are received are included in the

RFP.

Receipt and inclusion of all addenda shall be acknowledged in the proposal.

University interpretations of, or changes to, the RFP are binding only if they are made by formal written addenda. Oral and other interpretations or clarifications are without legal effect.

A PRE-PROPOSAL CONFERENCE will be held on July 15, 2026 at 1:30 PM central prevailing time, at UT Tyler, Art Complex, ARC 112. Attendance is highly recommended but not required. The Pre-Proposal Conference will discuss in detail all requirements of the RFP and provide examples of the types of work expected to be performed by the successful Proposer(s).

2.6 Public Information

University considers the majority of information, documentation and other materials that will be submitted in response to this RFP to be non-confidential and/or non-proprietary and, therefore, 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 University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.

2.6.1 Right to Privacy

To protect specific proprietary information included in a proposal, include the following statement on the front cover of any of submittal that contains proprietary information:

“This Proposal includes data that shall not be disclosed outside the University and shall not be duplicated, used, or disclosed – in whole or in part – for any purpose other than to evaluate this Proposal. If, however, a contract is awarded to this Proposer as a result of -or in connection with - the submission of the data, the University shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the University’s right to use information in the data if it is obtained from another source without restriction.

Information on the following pages of this Proposal are subject to this restriction: [list specific pages]”

Furthermore, each page included in the above list must have the following included in either the header or the footer of the page:

“Use or disclosure of data printed on this sheet is subject to the restriction on the title (or identify specific location) page.”

2.6.2 Non-Disclosure

Contractor and University 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 organization, regardless of whether directly or indirectly affiliated with Contractor or University, unless (1) required by law, (2) by order of any court or tribunal, (3) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (4) such information has been acquired from other sources.

2.7 Contract Award Process

An award to one or more Proposers for the services specified herein will be made following a procedure using competitive sealed Proposals. Proposals will be opened publicly to identify the names of the Respondents 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 Respondents or, at University’s sole option and discretion, University may discuss or negotiate all elements of the Proposal with selected Respondents 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). After the submission of a Proposal but before making an award, University may permit the Proposer to revise the Proposal in order to obtain the best final offer. University may not disclose any information derived from the Proposals submitted from competing offers in conducting such discussions.

University will provide each Proposer with an equal opportunity for discussion and revision of Proposals. Further action on Proposals not included in the competitive range will be deferred pending an award, but University reserves the right to include additional Proposals in the competitive range if deemed in the best interest of University. University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all Proposals if deemed to be in the best interests of University and to re-solicit for Proposals, or to reject any and all Proposals if deemed to be in the best interests of University and to temporarily or permanently abandon the procurement. If the University awards a contract, it will award the contract to the Proposer or Proposers whose Proposal is the most advantageous to the University, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.

The University reserves the right to award multiple contracts based upon initial Proposals received, without discussion of such offers. Each offer should contain the Proposer’s best terms from a price/delivery and technical/management standpoint. As Technical/Management Proposals become more equivalent, cost consideration becomes more significant and may become the determining factor for award. Any award price must be determined to be fair and reasonable. The University may award Job Order Contracts for general construction and renovations to a contractor or multiple contractors that are evaluated as the most advantageous to the University in the specialty area(s) of:

1) Mechanical, Electrical, Plumbing, HVAC Services

2) Laboratory Renovations

3) General Construction/Demolition

4) Technology (i.e. data line installations)

5) Mechanical equipment repair and maintenance

Contractor proficient in only one specialty area (or more) is encouraged to submit a proposal. Proposer to state in Technical/Management Proposal the areas above that the Proposer specializes in self-performing. Evaluation of contractor proposals will be based on proficiency area or multiple areas as stated in contractor’s proposal.

The Technical/Management Proposals received in response to this Request for Proposal (RFP) will be evaluated utilizing a point system to select the Proposal that is most advantageous to the

University. To be considered responsive, each Proposer shall specifically address each of the evaluation factors set forth in this Request for Proposals. Sufficient detail should be provided citing specific data as may be required, such that the Proposal may be evaluated. The Proposal shall clearly demonstrate that the Proposer has an understanding of the work tasks required.

Technical/Management Proposals shall be submitted so as to fully and clearly be acceptable without additional explanation or information, since the University reserves the right to make a final determination as to whether a Proposal is acceptable or unacceptable solely on the basis of the Proposal as submitted. However, the University may request additional information from Proposers, which clarifies, or supplements, but does not basically change any Proposal as submitted.

Consideration may also be given to any additional information and comments if they should increase the benefits to University. Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations.

2.8 General Criteria for Selection

The Proposer selected for an award will be the Proposer whose Proposal, as presented in the response to this RFP, is the most advantageous to University. University is not bound to accept the lowest priced Proposal if that Proposal is not in the best interest of University as determined by University.

Proposals will be evaluated by University personnel. The criteria for evaluation of Proposals, and selection of the successful Proposer for this award, will be based on the factors listed below:

2.8.1 Technical / Management Proposal

2.8.1.1 Technical Factors:

The technical approach should address the following items, being sure to include the nature of the requirement as understood by the Proposer; recognition of critical areas of the requirement; and proposed methods of accomplishing the requirement. (See Section 8 for specific questions, which must be answered completely.)

2.8.1.2 Management Factors:

Proposer’s management approach shall include a description of the company’s organization. (See Section 8 for specific questions, which must be answered completely.)

2.8.2 Price / Delivery Proposal

For the purpose of evaluating price/delivery submitted hereunder (Section 7):

2.8.2.1 The University will assume that ninety percent (90%) of the work will be done during the normal working hours and that ten percent (10%) will be accomplished during other than normal working hours.

2.8.2.2 A price analysis will be completed of the Proposer’s proposal to determine price reasonableness. If adequate competition is not obtained; however, a detailed cost analysis will be used to evaluate for cost realism (allowability, allocability, and reasonableness).

2.8.2.3 All work in development of the Proposer’s coefficients shall be fully detailed, showing all calculations and a narrative of its development.

2.9 Subcontracting Plan for this Solicitation

The “Letter of VetHUB Commitment for Job Order Contract” is the only part of the Subcontracting Plan that must be submitted at the same time as Proposal.

2.10 Respondent's Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation technique and Proposer’s recognition that some subjective judgments must be made by University during the assigning of points.

2.11 Commitment

Proposer understands and agrees that this RFP is issued and predicated on anticipated requirements for project totals up to potentially One Million Dollars ($1,00,000.00) per contract for

JOB ORDER CONTRACTING SERVICES FOR INTERIOR RENOVATIONS AND GENERAL

CONSTRUCTION SERVICES, CAMPUS WIDE and that University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP.

Furthermore, Respondent recognizes and understands that any cost borne by Proposer which arises from Proposer’s performance hereunder shall be at the sole risk and responsibility of Proposer.

2.12 Veteran Heros United in Business

See ATTACHED Exhibit H. It is the policy of The University of Texas System and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Veteran Heros United in Business (VetHUBs) in all contracts. Accordingly, The University has adopted Exhibit H, Policy on Utilization of Veteran Heros United in Business (Policy). The Policy applies to all contracts with an expected value of $100,000 or more.

The “Letter of VetHUB Commitment for Job Order Contract” is the only part of the Subcontracting Plan that must be submitted at the same time as Proposal.

For all individual Job Orders with an expected value of $100,000 or more, that the University determines that subcontracting opportunities are probable, then a Subcontracting Plan is a required element of the Job Order Price Proposal. Failure to submit a required Subcontracting Plan (SP) will result in rejection of the Job Order Price Proposal.

2.13 Key Events Schedule

Issue Request for Proposal July 8, 2026

Pre-Submittal Conference July 15, 2026 1:30 PM

PROPOSALS DUE August 5, 2026 3:00 PM

2.14 Issuance of Documents

BIDDERS MAY OBTAIN BID DOCUMENTS by downloading from the following website:

2.15 Submittal Timing of Contracts, Bonds, etc.

The selected Respondent, after receipt of the Contract, shall have TEN (10) CALENDAR DAYS to complete all necessary documents, bonds and insurance, and return them to Owner.

2.16 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Respondent under this RFP.

2.17 Disclosure Requirements

As part of the contract execution process, and as required by House Bill 1295, the successful Respondent (s) will be required to complete and submit Form 1295 “Certificate of Interested Parties” for certain types of contracts expected to exceed $1 million over the potential life of the contract. The form can be downloaded at https://www.ethics.state.tx.us/filinginfo/1295/. The form requires disclosure of parties with controlling interest and/or any intermediaries acting on behalf of the Respondent. The form will be requested to be returned with contract during execution of the contract with the successful Respondent(s).

“Controlling Interest” means

1) an ownership interest or participating interest in a Business Entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent;

2) membership on the board of directors or other governing body of a Business Entity of which the board or other governing body is composed of not more than 10 members; or

3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a Business Entity that has more than four officers.

“Intermediary” means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the Business Entity who:

1) Receives compensation from the Business Entity for the person’s participation;

2) Communicates directly with the UT Institution on behalf of the Business Entity regarding the contract; and

3) Is not an employee of the Business Entity

(END OF SECTION 2)

https://www.ethics.state.tx.us/filinginfo/1295/

SECTION 3

PROPOSAL REQUIREMENTS

3.1 General Instructions

3.1.1 Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed.

3.1.2 Proposals and any other information submitted by Respondents in response to this

Request for Proposal shall become the property of University.

3.1.3 University will not provide compensation to Respondents for any expenses incurred by the

Proposer(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated. Respondents submit proposals at their own risk and expense.

3.1.4 Proposals, which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by University, at its option.

3.1.5 Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm'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 University's needs.

3.1.6 University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in University's best interest. Representations made within the proposal will be binding on responding firms. University will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP.

3.1.7 Firms wishing to submit a “No-Response” are requested to return the first page of the

Execution of Offer (ref. Section 6). The returned form should indicate your company's name and include the words “No-Response” in the right-hand column.

3.1.8 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal.

3.2 General Preparation and Proposal Submittal Instructions

3.2.1 Documents Required:

Proposal shall be submitted in three (3) separate documents, one for Qualifications, one for Pricing and Delivery and one for Subcontracting Plan. A signature by an authorized officer of Proposer must appear on the Execution of Offer (ref. Section 6 of RFP), Pricing and Delivery Schedule (ref. Section 7 of RFP) and the letter of VetHUB Commitment for Job Order Contracting (ref. Exhibit H of the RFP).

Failure to sign and return these forms will subject your proposal to disqualification.

3.2.2 RFP Response:

Responses to this RFP should consist of answers to required questions in Section 8, “Proposer Questionnaire.” It is not necessary to repeat the question in your response, however, it is essential that you reference the question number with your response corresponding accordingly. In cases where a question does not apply or if unable to respond, reference the question number and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your reason when responding N/R.

3.2.3 Table of Contents:

Include with the proposal a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by your firm (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section.

3.2.4 Pagination:

All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.) Attachments should be numbered or referenced separately.

3.2.7 Submission:

3.2.7.1 The Proposal including any supplemental material referenced with the RFP, must be submitted and received in BonfireHub on or before the time and date specified, and delivered to:

3.2.7.2 Late Proposals will NOT be considered under any circumstances.

3.2.7.3 Telephone, facsimile and email Proposals are NOT acceptable in response to the

Request for Proposal.

3.2.8 Alternate Proposal:

University may consider alternate Proposals submitted by qualified responsive firms in determining an award. Respondents submitting alternate Proposals shall clearly identify any exceptions taken to the requirements listed herein, and include a detailed description of the alternate(s) Proposed. Proposer(s) may suggest additions to the requirements with respect to scope of work or services performed. All such suggestions shall be clearly defined. Alternate Proposals shall be submitted as an attachment to your base Proposal (RFP) package.

3.2.9 Withdrawal or Modification:

No Proposal may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. 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 the University, which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.

3.2.10 Validity Period:

Proposals are to be valid for the University's acceptance for a minimum of ONE HUNDRED EIGHTY (180) CALENDAR DAYS from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract. A bid bond is not required for Proposal.

3.2.11 Unnecessarily Elaborate Proposals or Quotations:

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective Proposal to this solicitation are not desired and may be construed as an indication of the Proposer’s lack of cost consciousness. Elaborate art work,, visual, and other presentation aids are neither necessary nor wanted.

3.3 Pricing and Delivery Schedule

3.3.1 Proposer must complete Execution of Offer, Section 6, and Price and Delivery Schedule, Section 7.

3.3.2 Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit, or as otherwise defined. (ref. Section 7)

3.3.3 University will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Proposer's proposal.

3.3.4 Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in University's best interest.

3.4 Terms and Conditions

The General Terms and Conditions (ref. Section 4) shall govern any contract issued as a result of this solicitation (RFP), except as provided in 3.4.1 below.

3.4.1 All Proposers must comply with the requirements listed on any Notice to Proposers, Proposal Requirements, Specifications/Service Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this document, the provision requiring proposer to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

Specifications Exhibit A (Contract Form including General Conditions) General Terms and Conditions Proposal Requirements Notice to Proposers

3.4.2 By signing the Execution of Offer and submitting a proposal, a Proposer certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on University. A Proposer further certifies that the submission of a proposal is a Proposer's good faith intent to contract with University as specified herein and that such intent to contract is not contingent upon University's acceptance or execution of any such attached or referenced terms, conditions, or other documents.

3.5 Addenda to Solicitations

If this solicitation is amended, then all terms and conditions which are not modified remain unchanged

Proposers shall acknowledge receipt of any amendment to this solicitation by (1) signing and returning the addenda, (2) identifying the addenda number and date in the space provided for this purpose in the form for submitting a proposal (Section 7).

3.6 Forms Information

The standard forms for the Performance Bond and Payment Bond are enclosed within this document behind the Job Order Agreement. A bid bond is not required for Proposal.

3.7 Modifications Prior to Date Set for Proposal Receipt

The right is reserved, as the interest of the University may require, to revise or amend the specification or drawings or both prior to the date set for proposal receipt. Such revisions and amendments, if any, will be announced by an addendum or addenda to the Request for Proposals.

If the revisions and amendments are of a nature which required material changes in quantities or prices proposed or both, the date set for proposal receipt may be postponed by such number of days as in the opinion of the Contract Administrator will enable proposers to revise their proposal.

In such cases, the amendment will include an announcement of the new date for proposal receipt.

3.8 Safety Requirements

The Contractor is subject to the safety and health standards of the office of Environmental Health and Safety (EHS) for The University of Texas at Tyler, or in absence of an EHS ruling, the Occupational Safety and Health Act (OSHA) will be implemented. Implementation of OSHA provisions rests in the statutory requirement and as a contractual matter.

The Contractor should assure that they have full knowledge of the personal protective equipment (hard hats, eye protection, high visibility vests, hearing protection, hand protection, respiratory equipment, and foot protection) that must be provided to workers and worn on jobsite(s) as required. Failure to wear PPE will be considered as noncompliance with contract, which could be cause for termination of Contract. The Contractor must be familiar with medical surveillance and record keeping requirements and with the safety standards applicable to machinery and mechanized equipment, ladders and scaffolds, fire prevention and protection, housekeeping and other safety measures for the prevention of accidents during performance of work.

Worker Training

All workers shall be trained to perform their specific task(s). Formal documentation to support claimed training must be provided if asked for. Acceptable documentation for all certifications and training claimed shall contain organization, name, and title of the trainer(s), date of training, material covered with time spent on each topic, and evaluation process used to determine worker understanding of training.

Cranes shall be operated only by persons who possess certification from an organization that carries nationally recognized accreditation. Aerial boom/scissor lifts and Industrial Trucks (forklifts) shall only be operated by persons who have been certified by their employer.

For every position that is required to assist with crane and motor driven equipment operations (flaggers, signal persons, riggers, spotters, etc.), the using company shall transmit to the UT Tyler a list of employees who are trained and authorized to perform these functions if asked.

Initial and Annual Inspection of all Cranes and Motor Driven Equipment

The Contractor shall ensure manufacturer required safety pre-use inspections and written certifications for all hoists, cranes, mobile equipment, motorized scissors and aerial lift platforms, motorized stage platforms, generators, and compressors are maintained on the Project.

The Contractor shall ensure that all equipment inspections are consistent with the manufacturer’s requirements. An initial inspection shall be completed and placed in or near the equipment before a piece of equipment is allowed to commence operations on the Project. Any equipment that leaves the Project and returns will require re-inspected before it shall be allowed to resume operation at the Project.

3.9 Quality Control

The successful proposer for this project will be required to institute a comprehensive Quality Control Program.

3.10 Site Visit Information

A site inspection is not available since no projects have been assigned for JOC work.

3.11 Proposal Submission Instructions

3.11.1 Pricing/Delivery Proposal

NOTE: The Proposer shall include with the Pricing/Delivery Proposal supporting documentation (all cost and pricing information) and rationale utilized to compute profit and coefficients in Section 7. This information should define and explain the Proposer’s methodology of computing the coefficient and profit. Supporting documentation shall include rates, bases, and methods of computation. Proposers are reminded this information is required for evaluation purposes only and that the coefficient submitted in Section 7 must represent all allowable costs as directed in Section 7 Notes. There is no limit to the number of pages for this supporting documentation.

The Pricing/ Delivery Proposal shall contain the following:

• Executed Section 6, Execution of Offer

• Executed Section 7, Pricing & Delivery Schedules (Bondability)

3.11.2 Technical/Management Proposal

3.11.2.1 TECHNICAL/MANAGEMENT PROPOSALS SHALL NOT INCLUDE PRICE

OR PRICING INFORMATION.

3.11.2.2 Technical/Management Proposals shall be submitted separately from the

Pricing/Delivery Proposal in and clearly marked “Technical/Management Proposal.”

3.11.2.3 To assure information is properly presented and to aid the University in the evaluation process, Proposers are requested to present Technical/Management Proposal information in accordance with the instructions presented above and in RFP, Section 3, Item 3.2, and in Section 2, Proposer Information, Item 2.8 General Criteria For Selection, which outlines items (in no particular order of importance) to be addressed in each proposal. Proposers should use title blocks and/or cover pages to identify individual and separate responses to each criterion/sub-criterion in the Technical/Management Proposal. Cover each item in sufficient detail to clearly address required information in order to preclude the Proposal from being returned as incomplete or rejected because an item has not been addressed.

Proposers are cautioned to submit sufficient information to enable the evaluation team to fully ascertain each Proposer’s capability to perform all requirements contemplated by this solicitation. The data submitted with each Proposal should be complete and concise, but not overly elaborate. Reliance on promotional brochures is discouraged. The Technical/Management Proposal must include necessary information to enable evaluators to form a concrete conclusion regarding the Proposer’s ability to perform complete execution of required work performance services.

In no case shall words such as “we will comply with the requirements of the contract” or equivalent statements be acceptable to meet the requirements of this request for proposals. Failure to comply with these instructions may result in rejection of the Proposer’s Proposal. All commitments made in the Proposal, which are in excess of the minimum requirements stated in the solicitation, may become part of the resultant contract.

The University may award a contract based upon initial proposals received without discussion of such proposals. Therefore, each initial proposal should be submitted with the most favorable terms from a technical and price/cost standpoint which the proposer can submit to the University.

3.12 Past Performance

Each Proposer shall submit past performance information with its proposal. Proposers are cautioned that the University may use the data they provide and data obtained from other sources to develop a performance risk assessment. (See Section 8 for specific questions, which must be answered completely.)

3.13 Proposer’s Checklist

All information required by the terms of the Solicitation shall be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check include, but are not limited to, those items listed below. This checklist is furnished only to assist you in submitting a proper Proposal. Check as you read.

Have you acknowledged all amendments?

Proposer shall complete, sign and return the following documents as a part of their Proposal submittal. Failure to return these documents may subject your Proposal to disqualification.

Have you Signed and Completed Execution of Offer? (ref. Section 6) – Price/Delivery Proposal

Have you Signed and Completed Pricing and Delivery Schedule? (ref. Section 7) –

Price/Delivery Proposal

Have you completely filled out the Responses to Proposer's Questionnaire? (ref. Section 8) –

Technical/Management Proposal

Have you entered a coefficient for each item within Section 7?

Are decimals in unit prices in the proper places? Are your figures/calculations legible and attached to support pricing information?

Have you prepared and signed the VetHUB letter on company letterhead?

Did the person signing the Proposal initial all erasures and/or corrections?

Have you restricted your Proposal by altering the provisions of the solicitation? Altering the solicitation could cause a Proposal to be “Non-Responsive”.

Is your Proposal properly identified and does it contain the correct solicitation number and

Proposal material?

Will your Proposal arrive on time? Late Proposals shall not be considered.

(END OF SECTION 3)

SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General

These General Terms and Conditions shall be made part of and govern any Job Order and/or Contract, if any, resulting from this Solicitation.

4.2 Definitions

Whenever the following terms are used in this Solicitation, as defined under General Terms and Conditions, or in other Contract Documents, the intent and meaning shall be interpreted as follows:

Coefficient (Adjustment Factor): A numerical factor that represents costs not considered as included in any line item associated to the Unit Price Book, including general and administrative and other overhead costs, insurance costs, equipment rental, protective gear and clothing, contingencies such as changes in wage rates and inflation, contractor’s profit, and indirect costs.

Separate coefficients may be used for normal working hours and non-normal working hours (see Section 7).

Contract Documents: All documents that form the Contract between the University and the Contractor. The Contract Documents consist of the Agreement (Exhibit A hereto), Conditions of the Contract (Section 4 - General Terms and Conditions, and any Additional or Special Conditions issued for this Solicitation), Specifications, Pricing and Delivery Schedule, Execution of Offer, Proposer's Questionnaire, and all Addenda and Amendments issued prior to and after the execution of the Contract.

Contractor: The individual, partnership, corporation, or other entity awarded a Contract for Job Order Contracting under this Solicitation, in accordance with the terms, conditions, and requirements herein.

Contractor Responsible: The Contractor shall be held liable by the University for the performance of all the Work provided for under the Contract and under each Job Order. The Contract makes no attempt to fix the scope of the Work of the Subcontractors. Contractor shall fix the scope of all Work and responsibilities of the Subcontractors. Any disputes, which may arise in this connection between the Contractor and any Subcontractor, must be settled between the parties concerned.

The University will not undertake or be in any way responsible for the settlement of such disputes.

Environmental Requirements: Federal, State, and/or Local laws, regulation, ordinance, order, consent decree, judgment, permit, license, code, covenant, deed restriction, common law, treaty, convention or any other requirement, pertaining to protection of the environment, health or safety of persons, natural resources, conservation, wildlife, waste management, and Hazardous Material Activity, and pollution (including, without limitation, regulation of releases and disposals to air, land, water and ground water), and includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601 et seq., Solid Waste Disposal Act, as amended by the Resource Conversation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq., Toxic Substances Control Act of 1976, 15 U.S.C. 2601 et seq., Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq., Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001 et seq., National Environmental Policy Act of 1975, 42 U.S.C. 4321 et seq., and any similar or implementing state law, and all amendments, rules, regulations, guidance documents and publications promulgated thereunder.

The Contractor is responsible for compliance with all regulations set forth by the TCEQ and EPA for the protection of University property and natural environment. In addition, Contractor agrees to be bound by the requirements of the University Municipal Separate Storm Sewer System (MS4) Permit as issued and approved by the TCEQ. Contractor shall not intentionally cause or create circumstances that would cause a release to the environment. In the event of a release to the environment resulting from actions of Contractor, whether intentional or unintentional, Contractor shall be responsible in whole for any response action, remediation, notifications to University, physical and monetary damages, and all costs associated with such.

Depending on the type of work being performed, a…