ESBD_559815_1789579654189_TAMUK+Concession+Trailer+RFP3161.pdf

TAMUK University-Kingsville

RFP-3161 TAMUK Mobile Concession Trailer

Procurement Services

TAMUK Mobile Concession Trailer RFP

RFP-3161

PROPOSAL MUST BE RECEIVED BEFORE:

5:00 PM CST September 30, 2026

MAIL PROPOSAL TO:

Texas A&M University - Kingsville

700 University Blvd., MSC 212 Kingsville, TX 79363-8202

HAND DELIVER AND/OR EXPRESS MAIL TO:

955 N. University Blvd. Room 121 Kingsville, TX 78363-8202

NOTE: PROPOSAL must be time stamped at the Texas A&M University - Kingsville Department of Procurement Services before the hour and date specified for receipt of proposal.

Sealed proposals will be received until the date and time established for receipt.

REQUEST FOR PROPOSAL

Show RFP Number, Opening Date and Time on Return Envelope

REFER INQUIRIES TO:

Procurement Services Dept

Email: procurement@tamuk.edu

Table of Contents

SECTION 1 INTRODUCTION

1.1. Overview

1.2 Brief History and Current Organization

SECTION 2 REQUIREMENTS

2.1. Scope of Work

2.2. Technical Proposal Requirements

2.3. References

SECTION 3 PROPOSAL INSTRUCTIONS & PROCESS

3.1. Submittal Deadline and Location

3.2 Schedule of Events

3.3 Award Method

3.4. Submittal Instructions

3.5. TAMUK Contacts

3.6. Inquiries and Interpretations

3.7. Electronic State Business Daily Website (ESBD)

3.8. Open Records

3.9. Terms and Conditions

3.10. Proposal Components Check List

SECTION 4 GENERAL TERMS AND CONDITIONS

SECTION 5 CONTRACTUAL REQUIREMENTS

5.1. Texas Public Information Act

5.2. Insurance Requirements

5.3. Indemnification

5.4. Other Benefits

5.5. Alternative Dispute Resolution

5.6. Prohibition Involving Human Trafficking

5.7. Not Eligible for Rehire

5.8. Boycotting Israel

5.9. Business with Certain Countries and Organizations

5.10. Billing Resolutions

5.11. Payment

5.12. HUB Subcontracting Plan

SECTION 6 EXECUTION OF OFFER

6.1. Proposer Affirmation

6.2. Texas Family Code Section 231.006

6.3. Substitute W-9 & Direct Deposit

6.4. Signature Block

SECTION 7 RESPONDENT’S QUESTIONNAIRE/COMPANY EXPERIENCE

7.1. Company Profile

SECTION 8 PRICING

SECTION 9 EVALUATION CRITERIA FOR AWARD

9.1. Evaluation Information

9.2. Demonstration/Presentation

9.3. Scoring Weights

SECTION 10 NON-COLLUSION AFFIDAVIT

APPENDIX A INSURANCE REQUIREMENTS

ATTACHMENT B - HUB SUBCONTRACTING PLAN

TAMUK University - Kingsville RFP-3161 TAMUK Mobile Concession Trailer

SECTION 1 INTRODUCTION

1.1. Overview

The Office of Business Operations at Texas A&M University-Kingsville, hereafter referred to as “TAMUK Business Operations,” is issuing this Request for Proposals (RFP) to purchase a customized Mobile Concession Trailer for TAMUK events.

TAMUK Business Operations oversees a broad portfolio of essential campus services including Contract Management, Event Planning, Procurement, Vending Services, Aramark (Food Services), Parking, the University Post Office, the University Bookstore, and Camps and Youth Outreach Programs. These operations support the logistical and service needs of a dynamic university community.

By submitting responses, each respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO

SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Brief History and Current Organization

Texas A&M University-Kingsville (TAMUK) was founded in 1925 and is the oldest continuously operating public institution of higher learning in South Texas. As a comprehensive university and member of the Texas A&M University System, TAMUK offers a wide range of undergraduate, graduate, and doctoral programs. The university is dedicated to enriching lives through education, research, and service, with a strong presence throughout the state and continued outreach efforts in the Rio Grande Valley, Laredo, Corpus Christi, San Antonio, and Houston.

Located in Kingsville, Texas, TAMUK serves a diverse student body and supports numerous academic, cultural, and community-oriented events throughout the year. These events are supported by robust operational services that ensure the university maintains high standards of quality, safety, and service delivery.

The Office of Business Operations is responsible for a wide range of essential campus services that directly impact the student and campus experience. This includes oversight of Aramark dining services, Contract Management, Event Planning, Procurement Services, Vending Services, Parking, the University Post Office, the University Bookstore, and Camps and Youth Outreach Programs. Business Operations plays a central role in the planning and coordination of campus events, managing vendor partnerships, and ensuring that services are delivered efficiently and in alignment with university goals.

SECTION 2 REQUIREMENTS

2.1. Scope of Work

TAMUK Mobile Concession Trailer (≈ 20 ft)

Purpose

Texas A&M University–Kingsville (TAMUK) seeks a qualified vendor to design, manufacture, deliver, and train staff on a fully outfitted, road-ready mobile concession trailer (≈ 20 ft) for campus events. The trailer will be operated by TAMUK’s dining partner (currently Aramark) and must meet all federal, state, local, and university regulations for food service, transportation, safety, and accessibility.

General Construction & Roadworthiness

Requirement Minimum Spec Trailer size ~20 ft overall length (bumper-to-hitch) Frame & body Welded steel/aluminum frame; weather-sealed exterior Axles/brakes/tires DOT-compliant dual axles, electric brakes, highway-rated tires + spare Service windows ≥ 1 window (6 ft × 3 ft), lockable with awning Interior surfaces NSF-approved, non-porous, coved flooring Lighting LED, 50 fc at work surfaces Fire suppression Hood & Ansul-type system, NFPA-96 compliant Accessibility ADA-height service counter or vendor-identified limitations

Utility & Power Systems

Utility Minimum Spec Generator (REQUIRED) Integrated 8 kW min (gas/diesel) or propane-ready generator, code-compliant mounting Shore power 240 V 50 A twist-lock inlet + 25 ft cord Propane lines Commercial-grade, labeled, vented, cage for two 100 lb cylinders Water ≥ 40 gal fresh / ≥ 50 gal waste; on-demand heater; NSF pump Plumbing winterization Insulated & heat-taped lines

Required Commercial Equipment

Qty Equipment Detail 1 40 lb Deep Fryer Floor-standing, stainless 1 36″ Flat-Top Griddle Thermostatic 1 24″ Charbroiler Cast-iron grates 1 2-Burner Hot Plate Heavy-duty 1 2-Well Steam Table Wet or dry 1 36″ Sandwich Prep Unit Cooler base 1 48″ Stainless Prep Table Undershelf 1 30″ Upright Refrigerator ≥ 18 cu ft, NSF 1 32″ Chest Freezer Front-door; top usable as prep 1 Hand Sink Knee-operated 1 3-Compartment Sink 18″ drainboards each side

Alternate Solutions: Vendors may propose electric-only or hybrid cooking alternatives if they meet or exceed performance, comply with codes, and show lifecycle savings. Technical merit will reflect these advantages.

Menu Board & Audio

• Exterior changeable menu board (chalk, magnetic, or digital)

• Outdoor-rated PA/sound system (mic jack or Bluetooth)

Training & Documentation

• On-site orientation (≥ 4 hrs) for Aramark & Campus Ops—operation, cleaning, maintenance, fire-suppression checks

• Digital + hard-copy manuals, schematics, parts lists, maintenance schedule

• Video training asset preferred

Warranty & Service

• Comprehensive 24-month warranty (parts & labor) on trailer shell, equipment, utilities

• List of authorized service centers or on-site service within 72 hrs

• Parts availability ≥ 5 yrs post-warranty

Transport, Parking & Security

Topic Requirement Towing 2-5/16″ coupler, safety chains, 7-pin connector, tongue jack Climate-proofing Roof A/C 13.5 k BTU & heater or R-7 insulated walls Security Key-alike locks; option line-item for CCTV/GPS & tamper alarm Storage prep Vendor to recommend pad dimensions & leveling points

Regulatory & Licensing Support

• Assistance with TxDMV registration & inspection

• Guidance packet for Kleberg County health permits

• All docs delivered ≤ 30 days after trailer delivery

Timeline

Vendors must provide a milestone schedule PO → delivery. Preference for completion ≤ 120 calendar days ARO.

Deliverables

1. Fully assembled trailer, FOB Kingsville, TX 78363

2. Signed delivery & acceptance checklist

3. Warranty documents, manuals, training materials

4. Proof of registration & inspection

2.2. Technical Proposal Requirements

Provide a detailed plan on how you propose to provide a mobile concession trailer to meet TAMUK’s needs based on your understanding of the current environment and the scope of work described in Section 2.1, response shall clearly detail:

2.2.1. Qualifications

• Provide a brief description of your company or organization, including its founding and history; number of employees; service areas; and awards or other forms of recognition.

• Provide a price list of additional services offered for items out of the scope of work.

2.2.2. Experience and Ability to Perform

• Describe the approach your agency would undertake to successfully complete the tasks described in the Scope of Work, Section 1.3.

• Provide examples of relevant work and/or case studies.

• Provide a list of personnel who would be assigned, along with their credentials and experience.

2.3. References

Respondents shall provide a list of references, minimum three (3), where services comparable in size and scope have been performed in the last five (5) years. References shall include Company Name, Contact Person, Company Address, Telephone Number and Email Address. TAMUK reserves the right to contact these references to verify the vendor’s ability to perform these services. A negative reference may be grounds for the disqualification of your RFP response.

SECTION 3 PROPOSAL INSTRUCTIONS & PROCESS

3.1. Submittal Deadline and Location

All responses must be received by TAMUK no later than September 30, 2026 at 5 PM CST.

Late responses properly identified will be returned to Respondent unopened. Late responses will not be considered under any circumstances. TAMUK shall not be responsible for failure of electronic equipment or operator error.

3.2 Schedule of Events

The review and approval of RFPs is a multi-step process that requires variable amounts of time.

Respondents are advised that the projected “Formal Execution of Agreement” date as listed in the “Tentative Timetable” may require an extension.

Tentative Timetable

Deadline for Questions ........................................................................................... Sept 23, 2026 @ 5 PM CST Posting of Addendum and Responses to Inquires ................................................... Sept 25, 2026

Deadline for Receipt of Proposals ......................................................................... Sept 30, 2026 @ 5 PM CST Evaluation of Proposals Completed ........................................................................ Nov 10, 2026

Formal Execution of Agreement (Projected) .......................................................... Dec 15, 2026

3.3 Award Method

Any agreement resulting from this RFP will be awarded to one vendor or none.

3.4. Submittal Instructions

3.1.1 Proposals including Execution of Office (Section 6) must be signed by Respondent’s company official authorized to commit such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification.

3.1.2 Complete proposals may be submitted either in person, USPS, express mail or electronically via the following two options.

3.1.3 Option 1 One (1) electronic copy submitted via email to procurement@tamuk.edu with the subject line “RFP-3161 – TAMUK Mobile Concession Trailer.”

Option 2 One (1) Electronic Copy submitted via our electronic bid system, AggieBid at the following link:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU NOTE: Respondents submitting via AggieBid must be a registered vendor. If you need assistance with vendor registration, please reach out to procurement@tamuk.edu.

All electronic copies must either be in a Microsoft Office document or Adobe Portable Document Format (PDF).

All image files must be in one of the following formats: .jpg, .gif, .png, or .tif. We prefer image files to already be inserted as part of a document such as a PDF.

3.1.4 An unreadable electronic copy due to incorrect formatting may reflect negatively on your proposal.

Facsimile (Fax) responses to this RFP will not be accepted.

3.5. TAMUK Contacts

All questions must be sent by email to:

procurement@tamuk.edu

Respondents shall direct all communications and questions regarding this RFP to Procurement Services at procurement@tamuk.edu Deadline for questions is Sept 23, 2026 @ 5 PM CST.

3.6. Inquiries and Interpretations

Responses to inquiries that directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and e-mailed or mailed to all parties recorded by TAMUK as having received a copy of the RFP. All such addenda issued by TAMUK prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal.

Only TAMUK responses to inquiries issued through formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

3.7. Electronic State Business Daily Website (ESBD)

It is the responsibility of interested vendors to regularly check the ESBD for any possible addenda to this project. The RFP is inclusive of all addenda issued.

https://www.txsmartbuy.com/esbd https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU mailto:procurement@tamuk.edu.

mailto:procurement@tamuk.edu mailto:procurement@tamuk.edu https://www.txsmartbuy.com/esbd

3.8. Open Records

TAMUK 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) after an agreement is awarded.

Respondents are hereby notified that TAMUK strictly adheres to all Statutes, court decisions and the opinions of the Texas Attorney General regarding the disclosure of RFP information.

3.9. Terms and Conditions

The Terms and Conditions (ref. Section 4) shall govern any Agreement resulting from this RFP.

Additional or attached terms and conditions which are determined to be unacceptable to TAMUK may result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

3.10. Proposal Components Check List

The following documents are to be returned as part of your proposal submittal:

Signed Execution of Offer (See Section 6) References (See Section 2.3) Technical Proposal (See Section 2.2) Certificate of Insurance (See Section 5.2) HUB Subcontracting Plan (See Section 5.12) Respondent’s Questionnaire (See Section 7) Pricing (See Section 8) Non-Collusion Affidavit (See Section 10) Any Addendums, if applicable

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal.

Each response should be prepared simply and economically, providing a straightforward and concise description of Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

In accordance with Texas Education Code 51.9335, Texas A&M University – Kingsville shall make the award based on, but not limited to, the following best value criteria: The purchase price; The reputation of the vendor and of the vendor's goods or services; The quality of the vendor's goods or services; The extent to which the goods or services meet the institution's needs; The vendor's past relationship with the institution; The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities; The total long-term cost to the institution of acquiring the vendor's goods or services;

Any other relevant factor that a private business entity would consider in selecting a vendor; and The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for bids for use of the unique material specified. Additionally, all respondents are hereby notified that TAMUK shall consider all factors it believes to be relevant in the determination of the “Best Value” including, but not limited to: past experience, references, proposal, and price. TAMUK’s decision is final.

Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

4.2 Final Review and Approval

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

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

The vendor hereby assigns to purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

Questions should be directed to the TAMUK Purchasing official identified in Section 3.3 of this Request for Proposal.

Proposals and any other information submitted by Respondent in response to this Request for Proposal shall become the property of TAMUK.

TAMUK will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, product evaluations or demonstrations that may be made, unless otherwise expressly indicated.

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

4.3 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

Proposal shall mean Respondent offer

TAMUK shall mean TEXAS A&M University - Kingsville.

Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein.

Agreement shall mean an agreement, documented by written instrument, between TAMUK and the successful respondent to provide products/services as requested to Texas A&M University - Kingsville in Kingsville, Texas.

4.4 Time of Performance

Time is of the essence in the rendering of services. Seller agrees to perform all obligations and render services set forth per this proposal.

4.5 Default

In the event that the Vendor fails to carry out or comply with any of the terms and conditions of the agreement with TAMUK, TAMUK may notify the Vendor of such failure or default in writing and demand that the failure or default be remedied within ten

(10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, TAMUK shall have the right to cancel the agreement upon thirty (30) days written notice.

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

4.6 Termination

4.6.1. For Convenience:

The agreement may be terminated, without penalty, by TAMUK without cause by giving thirty (30) days’ written notice of such termination to the seller.

4.6.2. In no event shall such termination by TAMUK as provided for under this Section give rise to any liability on the part of

TAMUK including, but not limited to, claims of Vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. TAMUK’s sole obligation hereunder is to pay Vendor for products and/or services ordered and received prior to the date of termination.

4.6.3. TAMUK reserves the right to immediate cancellation, without penalty, due to non-performance.

4.7 Agreement Amendments

No modification or amendment to the agreement shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the agreement must be forwarded to the TAMUK Purchasing Department for prior review and approval. Only the contract administrator within Strategic Sourcing & Purchasing Services or his/her designee will be authorized to sign changes or amendments.

4.8 Independent Vendor Status

Vendor agrees that Vendor and Vendor’s employees and agents have no employer-employee relationship with TAMUK. TAMUK shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will TAMUK furnish any medical or retirement benefits or any paid vacation or sick leave.

4.9 Right to Audit

At any time during the term of this agreement and for a period of four (4) years thereafter TAMUK or duly authorized audit representative of TAMUK, or the Texas A&M University System, at its expense and at reasonable times, reserves the right to incrementally audit Vendor’s records and manufacturer’s pricing relevant to all pricing provided under this agreement. In the event such an audit by TAMUK reveals any errors/overpayments by TAMUK, Vendor shall refund TAMUK the full amount of such overpayments within thirty (30) days of such audit findings, or TAMUK at its option reserves the right to deduct such amounts owing TAMUK from any payments due Vendor.

4.10 Sales and Use Tax

TAMUK, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.

4.11 Observance of TAMUK Rules and Regulations

Vendor agrees that at all times its employees will observe and comply with all regulations of the University, including but not limited to parking and security regulations.

4.12 Non-Disclosure

Vendor and TAMUK acknowledge that they or their employees may, in the performance of the resultant agreement come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with Seller or TAMUK unless required by law.

4.13 Publicity

Vendor shall not publicize the Agreement or use Texas A&M University-Kingsville’s name, logos, trademarks, photographs, video recordings, or other identifying information in any advertising, marketing, sales promotion, press release, or other publicity without the prior express written approval of TAMUK.

4.14 Severability

If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

4.15 Non-Waiver of Defaults

Any failure of TAMUK at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of TAMUK at any time to avail itself of same.

4.16 Governing Law

This agreement shall be construed and governed by the laws of the State of Texas.

4.17 Intellectual Property

Pursuant to the Agreement, TAMUK will license specified uses of certain of its intellectual property and assets during the Term of the Agreement, as contemplated herein. However, TAMUK shall, in all cases, retain exclusive ownership of any and all such intellectual property and assets, including any and all derivative property and assets developed during the Term of the Agreement. The Respondent shall acknowledge TAMUK's ownership of its intellectual property in the Agreement and shall agree to assign any and all such intellectual property to TAMUK at the expiration or termination of the Agreement if requested by TAMUK.

SECTION 5 CONTRACTUAL REQUIREMENTS

5.1. Texas Public Information Act

Respondent acknowledges that Texas A&M University - Kingsville is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. Upon Respondent’s written request, Respondent will promptly provide specified contracting information exchanged or created under any resultant agreement for or on behalf of Texas A&M University - Kingsville. Respondent acknowledges that Texas A&M University - Kingsville may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if Respondent knowingly or intentionally fails to comply with a requirement of that subchapter

5.2. Insurance Requirements

5.2.1. The successful vendor will be required per the indicated requirements (Appendix A) to provide proof of insurance prior to beginning any work on the campus of Texas A&M University-Kingsville. The vendor will be held strictly liable for any damages to Texas A&M University-Kingsville property occurring during any installation.

5.2.2. Vendor shall not commence work until all insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by Texas A&M University-Kingsville. Insurance coverage shall provide for a thirty-day notice of cancellation or material change to the policy coverage and/or limits, and the certificate of insurance in force must include a notice that the policy or policies contain these provisions. Acceptance of insurance certificates by Texas A&M University-Kingsville shall not relieve or decrease the liability of the vendor. Unless otherwise specified, the vendor shall provide and maintain the required insurance until the work included in this Request for Proposal is completed and accepted by Texas A&M University-Kingsville.

5.2.3. Certificates of Insurance must be submitted electronically via email to:

Texas A&M University-Kingsville procurement@tamuk.edu

5.3. Indemnification

Vendor agrees to indemnify and hold the State of Texas, the Board of Regents of TEXAS A&M University System, TAMUK, its officers, employees, and agents (the Indemnified Parties) harmless from and indemnify each against any and all liabilities, actions, damages, suits, proceedings, judgments, and costs (excluding attorney’s fees) for claims resulting from the acts or omissions of Seller or the acts or omissions of others under Seller’s supervision and control.

5.4. Other Benefits

It is understood and agreed that no benefits, payments or considerations received by the vendor for the performance of services associated with and pertinent to the resultant agreement shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of the State.

5.5. Alternative Dispute Resolution

The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by Owner and Company to attempt to resolve any claim for breach of contract made by Company that cannot be resolved in the ordinary course of business. Company shall submit written notice of a claim of breach of contract under this Chapter to the University Contracts Officer, Texas A&M University - Kingsville, who shall examine Company’s claim and any counterclaim and negotiate with Company to resolve the claim.

TAMUK University RFP-3161 TAMUK Mobile Concession Trailer

5.6. Prohibition Involving Human Trafficking

A state agency may not accept a proposal or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the proposal or award, has been convicted of any offense related to the direct support or promotion of human trafficking. A proposal award subject to the requirements of this section must include the following statement:

"Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in this proposal 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."

5.7. Not Eligible for Rehire

Respondent is responsible to ensure that employees participating in work for TAMUK have not been designated by The Texas A&M University System (“TAMUS”) as Not Eligible for Rehire as defined in TAMUS Policy 33.02, Section

4. Non-conformance to this requirement may be grounds for termination of this Agreement or any resultant agreement.

5.8. Boycotting Israel

To the extent that Texas Government Code, Chapter 2271 applies to this Agreement, Respondent certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. Respondent acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

5.9. Business with Certain Countries and Organizations

Pursuant to Subchapter F, Chapter 2252, Texas Government Code Respondent certifies it is not engaged in business with Sudan, Iran, or a foreign terrorist organization. Respondent acknowledges its purchase order and/or contract with TAMU may be terminated and payment withheld if this certification is inaccurate

5.10. Billing Resolutions

In the case of a problem on a disputed invoice or charge, the Respondent will provide the necessary information, i.e. duplicate invoice, shipping information, and proof of delivery at no extra charge to TAMUK within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated.

5.11. Payment

Payment schedule to be agreed upon prior to formal execution of the agreement.

Payment shall be made within thirty (30) days after acceptance of goods and/or services and receipt of invoice, whichever is later, and according to the agreed-upon schedule. TAMUK 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.

TAMUK may withhold any moneys claimed to be due by the Respondent until the terms of the Agreement have been fulfilled and the work of the Respondent has been accepted.

5.12. VetHUB Subcontracting Plan

It is the policy of the State of Texas and Texas A&M University-Kingsville to encourage the use of Veteran Heroes United in Business (VetHUB) certified businesses in prime contracts, subcontracts, and purchasing transactions. The VetHUB Program is intended to increase contracting and subcontracting opportunities for eligible service-disabled veteran-owned businesses.

Texas A&M University-Kingsville has determined that subcontracting opportunities are probable under this Request for Proposal; therefore, a VetHUB Subcontracting Plan is required. Respondents must submit a complete VetHUB Subcontracting Plan with their proposal by the proposal due date and time specified in this RFP.

Failure to submit a required VetHUB Subcontracting Plan with the proposal will result in the proposal being considered nonresponsive. Texas A&M University-Kingsville may reject a VetHUB Subcontracting Plan that is incomplete or that does not demonstrate the required good faith effort in accordance with applicable State of Texas requirements.

For information regarding VetHUB Subcontracting Plan requirements, please contact Texas A&M University- Kingsville Procurement Services at procurement@tamuk.edu.

Respondents shall use the current State of Texas VetHUB Subcontracting Plan and applicable supplementary forms.

Current VetHUB forms and resources are available through the Texas Comptroller of Public Accounts.

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

SECTION 6 EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

6.1. Proposer Affirmation

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

6.1.1. The proposer 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 proposal.

6.1.2. The proposer is not currently delinquent in the payment of any franchise tax owed the State of Texas.

6.1.3. Pursuant to Section 2155.004 Government Code, relating to collection of state and local sales and use taxes, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

6.1.4. 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 Section 15.01, et seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

6.1.5. The proposer has not received compensation for participation in the preparation of the specifications for this Invitation for Proposal.

6.1.6. The proposer shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, from any acts or omissions of proposer or any agent, employee, sub-Contractor, or proposer of proposer in the execution or performance of this purchase order.

6.1.7. Proposer 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.

6.1.8. Proposer 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, 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:

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

6.1.10. Pursuant to Governor Abbott’s Executive Order GA-48, the proposer certifies that neither the proposer nor, if applicable, any of its holding companies or subsidiaries are:

a) listed in Section 889 of the 2019 National Defense Authorization Act (NDAA) regarding telecommunications and video surveillance equipment;

b) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies operating in the United States;

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 15 C.F.R. § 791.4 list.

The proposer acknowledges that a false certification under this section is a material breach of contract and shall be grounds for immediate termination of any resulting agreement with Texas A&M University-Kingsville, with no further obligation on the part of the university. If the agreement is terminated due to a false certification, the proposer shall reimburse the university for all prepaid costs.

6.2. Texas Family Code Section 231.006

Ineligibility to Receive State Grants or Loans, or Receive Proposals or Payments on State Contracts.

6.2.1. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to:

6.2.1.1. receive payments from state funds under a contract to provide property, materials, or services: or

6.2.1.2. receive a state-funded grant or loan.

6.2.2. A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until:

6.2.2.1. all arrearages have been paid; or

6.2.2.2. the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.

6.2.3. Pursuant to Section 231.006 (c), Family Code, proposal should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the proposal. Proposers that have pre-registered this information on the GSC Centralized Master Proposers List have satisfied this requirement. If not pre-registered, attach name and social security number for each person. Otherwise, this information must be provided prior to contract award.

6.2.4. “Pursuant to Section 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 this contract may be terminated and payment may be withheld if this certification is inaccurate.”

6.2.5. If a state agency determines that an individual or business entity holding a state contract is ineligible to receive payment under Section (a) the contract may be terminated.

6.2.6. If the certificate required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney’s fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 82, eff. Sept. 1, 1995.

EXECUTION OF OFFER

6.3. Substitute W-9 & Direct Deposit

Texas A&M University - Kingsville requires all companies and individuals (not employees or students) to have a Substitute W-9 form on file. This form is needed for IRS compliance.

Step 1: You can obtain the Substitute W-9 form from the Texas A&M Systems University Financial Management Services website at: https://fmo.tamu.edu/vendor-setup/_media/substitute-w9.pdf

Step 2: Vendor must fill out the form completely and mail the original to:

Texas A&M Systems University Financial Management Services Accounts Payable

6000 TAMU

College Station, TX. 77843-6000

All vendors are encouraged to sign up for direct deposit.

The direct deposit form is located at: https://fmo.tamu.edu/vendor-setup/_media/substitute-w9.pdf

6.4. Signature Block

Proposal should give the Payee Identification Number (PIN) (Formerly Vendor ID), full firm name, and address of proposer (enter in block provided if not shown).

Failure to manually sign the proposal will disqualify it. The person signing the proposal should show title or authority to bind his/her firm in the contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.

This offer consists of pages number (1) through

Payee Identification Number (PIN):

Sole Owner should also enter social security No.:

Proposer/Company:

Signature (INK):

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No.:

Fax No.:

E-mail:

Other preferences as defined in TAC Title 34, Part 1, Chapter 20, Subchapter C Rule 20.38 (check any that are applicable)

( ) Supplies, materials, equipment, or services produced in TX/ offered by TX bidders ( ) Agricultural products produced or grown in TX ( ) Agricultural products and services offered by TX bidders ( ) USA produced supplies, materials, or equipment ( ) Products of persons with mental or physical disabilities ( ) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel ( ) Energy efficient products ( ) Rubberized asphalt paving material ( ) Recycled motor oil and lubricants ( ) Products produced at facilities located on formerly contaminated property ( ) Products and services from economically depressed or blighted areas

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT’S PROPOSAL. FAILURE

TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION OF YOUR PROPOSAL.

EXECUTION OF OFFER

(continued) https://fmo.tamu.edu/vendor-setup/_media/substitute-w9.pdf https://fmo.tamu.edu/vendor-setup/_media/substitute-w9.pdf

SECTION 7 RESPONDENT’S QUESTIONNAIRE/COMPANY EXPERIENCE

The Respondent recognizes that in selecting a supplier, TAMUK will rely, in part, on the answers provided in response to this Section

7. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete. TAMUK reserves the right to contact each and every reference listed below and shall be free from any liability to respondent for conducting such inquiry.

7.1. Company Profile

a. Number of Years in Business:

Type of Operation: Individual Partnership Corporation Government

Number of Employees: (companywide) Number of Employees: (servicing location)

Annual Sales Volume: (companywide) Annual Sales Volume: (servicing location)

b. Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company’s performance under an agreement with TAMUK.

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

SECTION 8 PRICING

Respondent shall provide a complete, itemized price proposal for the trailer and all required equipment, delivery, training, warranties, fees, and other costs necessary to meet the Scope of Work. Respondent shall separately identify optional or alternate equipment and pricing. Pricing must clearly state the total proposed cost and any assumptions or exclusions.

SECTION 9

EVALUATION CRITERIA FOR AWARD

9.1. Evaluation Information

Texas A&M University-Kingsville will utilize an evaluation team to evaluate proposals received in response to this RFP. Award, if any, will be made to the Respondent whose proposal is determined to provide the “Best Value” to the University based on the evaluation criteria identified in this RFP.

All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFP, TAMUK alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable and therefore a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award.

By submitting a proposal, Respondent acknowledges and accepts [a]the evaluation process, [b] the evaluation factors listed in the RFP Questionnaire, [c] the scope of this engagement (Section 2.1), [d] the terms and conditions of the Agreement (Section 4), [e] all other requirements and specifications set forth in this RFP, and [e] that some subjective judgments must be made by the University during this RFP process.

Should TAMUK be unable to agree on final Agreement terms and conditions with the highest ranked proposer, TAMUK representative(s) will then negotiate with the second-ranked proposer or reissue the same or modified version of this RFP.

TAMUK reserves the right to reject any and all proposals.

9.2. Demonstration/Presentation

TAMUK may request an on-site demonstration/presentation by proposer(s) during evaluation. The team may consider the demonstration/presentation in the evaluation criteria. The purpose of the on-site demonstration/presentation is to clarify or amplify the materials presented in any part of the submission. However, vendors are cautioned that the evaluators are not required to request clarification; therefore, all submissions should be complete and reflect the most favorable terms available from the offer.

9.3. Scoring Weights

Each proposal will be evaluated based on the Respondent’s ability to meet the University’s requirements identified in Section 2 and to provide the best value to the University. Points will be assigned to each evaluation criterion listed below. The maximum number of points available for each criterion is as follows:

Evaluation Criteria Possible Points Total Compliance 60

Warranty & Support 15 Price 25

TOTAL POINTS 100

SECTION 10 NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official of TAMUK or any employee thereof, or any person, firm or corporation under contract with TAMUK whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TAMUK, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TAMUK.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUK, nor any employee, or person, whose salary is payable in whole or in part by TAMUK, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature

Respondent Name

Date

Subscribed and sworn to before me this day of , 2014.

Notary Public in and for the County of , State of

. My commission expires:

NOTE: Respondents must complete, sign, date, and return this form with their proposal response. Failure to submit a completed and signed form may result in rejection of the proposal.

AFFIDAVIT MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT’S

PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE

REJECTION OF YOUR PROPOSAL.

APPENDIX A INSURANCE REQUIREMENTS

[Vendor]…