ESBD_File_178231_RFP 754-LAB ANALYSIS 2020_final.pdf

REQUEST FOR PROPOSAL

RFP #754-Laboratory Analytical Services-2020

For selection of a vendor to provide laboratory analysis services to Texas State University (“Texas State” or “University”)

PROPOSAL MUST BE RECEIVED AT THE DESIGNATED LOCATION SPECIFIED IN THIS SOLICITATION

ON OR BEFORE:

SUBMITTAL DEADLINE: December 13, 2019 at 3:00 PM CST MAIL, COURIER or HAND DELIVER PROPOSAL TO:

Texas State University ATTN: Daphne Helms

Office of Facilities Procurement 151-4 East Sessom, Facilities Warehouse Bldg., Room 121

San Marcos, TX 78666-4616

NOTES TO POTENTIAL RESPONDENTS:

Responses to this solicitation (Proposals) must be received at the location designated above and time stamped on or before the time and date specified in this solicitation in order to be considered.

Due to the nature of the solicitation and evaluation process being utilized, after receipt of proposals only the names of Respondents will be made public. Prices, terms and other proposal details will only be divulged upon written request after the contract award, if one is made. All proposals submitted shall become the property of the State of Texas upon receipt.

Issued on: November 20, 2019

Show RFP Number, Opening Date and Time on Return Envelope

TABLE OF CONTENTS

Section 1 – General Information & Objective

1.1 Objective……………………..………………………………………………………………………………… 4

1.2 History of University………………………………………………………………………………………. 4

1.3 Mission Statement..………………………………………………………………………………………. 4

1.4 Public Information…………………………………………………………………………………………. 4

1.5 Term………………………………………………………………………………………………………………. 4

1.6 Group Purchasing Authority……………………………………………………………………………. 4

1.7 Clarifications and Interpretations……………………………………………………………………. 5

1.8 Type of Contract……………………………………………………………………………………………… 5

Section 2 – Notice to Respondents

2.1 Submittal Deadline………………………………………………………………………………………….. 5

2.2 Point-of-Contact…………………………………………………………………………………………….. 6

2.3 Pre-Proposal Conference……………………………………………………………………………….. 7

2.4 Historically Underutilized Businesses Submittal Requirements……………………… 7

2.5 University’s Reservation of Rights ………………………………………………………………….. 8

2.6 Acceptance of Evaluation Methodology ………………………………………………………… 8

2.7 No Reimbursement for Costs …………………………………………………………………………. 8

2.8 Eligible Respondents …………..…………………………………………………………………………. 8

2.9 Certain Proposals and Contracts Prohibited…………………………………………………… 8

2.10 Proposal Validity Period……..………………….………………………………………………………. 9

2.11 Submittal Modifications/Withdrawals….....…………………………………………………….. 9

2.12 Required Notices of Insurance Coverage……………………………………………………….. 9

2.13 Payment Terms……………………………… …………………………………………………………….. 10

2.14 Parking Permit Requirements………………………………………………………………………… 10

2.15 Nondiscrimination………………………………………………………..……………………………….. 11

2.16 Criminal Background Checks………………………………………………………………………….. 11

2.17 Contract Administration………………………………………………………………………………… 11

Section 3 – Requirements of Proposal

3.1 Selection Criteria and Evaluation of Proposals……………………………………………… 11

3.2 Negotiations and Clarifications……………………………………………………………………… 12

3.3 Best and Final Offers…………………………………………………………………………………….. 12

3.4 Award Based on Best Value………………………………………………………………………….. 12

3.5 Criteria One – Respondent’s Methodology, Quality of Goods/Services, & Ability 12

3.6 Criteria Two – Qualifications and References……………………………………………….. 13

3.7 Criteria Three – Pass/Fail Review ……………………………………………………………………… 13

3.8 Criteria Four-Cost ……………………………………………………………………………………………… 14

3.9 Qualifications Evaluation Criteria and Percentage Weighs………………………………. 14

Section 4 – Execution of Offer……………………………………………………………………………………. 15

4.17 Acknowledgement of Addenda……………………………………………………………………… 18

Section 5 – Scope of work

5.1 General……………………………………………………………………………………………………………… 19

5.2 Requirements……………..…………………………………………………………………….…….……….. 19

5.3 Qualifications…………………………………..………………………………………………….……………. 20

5.4 Response Time and Reporting Requirements……………………………………………………. 20

5.5 Respondents Responsibilities….…………..…………………….…………………………….………… 20

5.6 Respondents Workforce………………………….……………………………………………….………… 21

5.7 Changes in Services………………………………….…………………………………………….………….. 21

5.8 Reporting……………………………………….…………………………………………………….…………… 21

5.9 Invoicing……………………………………..……………………………………………………………………. 22

5.10 Payment Withheld.……………………..……………………………………………………………………. 23

Section 6 – Pricing and Delivery

6.1 Pricing for Services………………………………………………………………………………………….. 24

6.2 Delivery Schedule of Events and Time Periods………………………………………………… 27

6.3 University’s Payment Terms……………………………………………………………………………. 27

6.4 Award and Commencement of Services…………………………………………………………. 27

Section 7 – Timeline of RFP Events…………………………………………………………………………………. 27

Section 8 – Submittal Checklist………………………………………………………………………………………. 27

Section 9 – Sample Contract…………………………………………………………………………………………… 29

Section 1 – General Information & Objective

1.1 Objective: Texas State University (“Texas State” or “University”) is soliciting competitive

Solicitations (“Request for Proposals” or “RFPs”) for the selection of a qualified and capable vendor to provide Laboratory Analysis Services to the University. This Solicitation sets forth the terms, conditions, and requirements for Respondents to be consider for this project. The University expects to enter into one contract with the selected individual or firm to provide the services as further defined in Section 5 of this RFP.

1.2 History of University: Beginning in 1886, San Marcos hosted a Summer Normal Institute where educators gathered to study and earn advanced certification. Those who came to San Marcos for study saw its promise as a site for a permanent Normal School to serve teachers in South Texas and in December 1892, they petitioned the Legislature for such a designation. Work on the Main Building began in 1902 and the Normal School was ready for 303 students and 17 faculty members when Southwest Texas State Normal School opened in 1903. Over the years, the Texas Legislature broadened the institution’s scope and changed its name successively to Southwest Texas State Normal College, Southwest Texas State Teacher’s College, and Southwest Texas State College and, in 1969, Southwest Texas State University. In 2003 the name was changed to Texas State University-San Marcos. Finally, in 2013, the name was changed to Texas State University. In a little over 100 years, the University changed from being little more than a High School into a prominent institution with 115 undergraduate, 84 masters and 6 PHD Degree programs. For current information on Texas State University, please visit our website at http://www.txstate.edu/about/index.html

1.3 Mission Statement: Texas State University is a public, student-centered, doctoral granting institution dedicated to excellence in serving the education needs of the diverse population of Texas and the world beyond.

1.4 Public Information: All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the Solicitation is completed.

1.4.1 The University strictly complies with all statutes, court decisions, and opinions of the

Texas Attorney General with respect to disclosure of Proposal information.

1.5 Term: The term of any contract resulting from this RFP shall be for one (1) year and the

University shall have the option to renew this Contract for three (3) additional one (1) year terms providing both parties agree in writing. If the University and successful Respondent are unable to negotiate and sign a Contract, the University reserves the right to seek an alternative Respondent.

1.6 Group Purchasing 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.

http://www.txstate.edu/about/index.html

1.7 Clarifications and Interpretations: Any clarifications or interpretations of this Solicitation that materially affect or change its requirements will be issued formally by the University as a written addendum. It is the responsibility of all Respondents to check the status of formal addenda five

(5) days before the submission deadline and to obtain this information in a timely manner. All such addenda issued by the University before the proposals are due shall be acknowledged by Respondents and incorporated into its response to the Solicitation.

1.7.1 Respondents shall be required to consider only those clarifications and interpretations that the University issues by addenda five (5) or more days prior to the submittal deadline. Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the University and should not be relied on in preparing proposals.

1.7.2 Addenda, if required, will be issued by the University for this Solicitation via the

Electronic State Business Daily Website located at: http://www.txsmartbuy.com/sp

It is the responsibility of each Respondent to check this website for any addenda posted referencing the RFP number provided in this Solicitation.

1.8 Type of Contract: Any Contract resulting from this Solicitation will be in the form of the

University’s Standard Contract, a sample copy of which is attached to this Solicitation. If the Respondent takes exception to any of the terms and conditions in the sample contract, they must address their concerns in the submittal response.

Section 2 – Notice to Respondents

2.1 Submittal Deadline: The University will accept proposals submitted in response to this RFP until

3:00 p.m., CST on December 13, 2020.

Proposals shall be submitted via mail, courier, or hand delivered, by deadline mentioned above, to the location specified on the front page of this solicitation.

2.1.1 Proposals received after the stated official deadline will be returned, if properly identified, to the Respondent. The University’s authorized Point-of-Contact identified in Section 2.2 will identify the official time clock at the Proposal submittal location identified above.

2.1.2 The University will not acknowledge or receive any Proposals that are delivered by telephone, facsimile (fax), or electronic mail (email).

2.1.3 If Proposal is sent by courier or mail, the Respondent is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified in this RFP.

The University has a decentralized mail system and the mail/courier delivery services may not deliver directly on campus. It is the Respondent’s sole responsibility for preparing, submitting and delivering a response with all required materials to the designated location on or before the published submittal deadline. Courier or delivery services may not deliver directly to the specified location. It is strongly recommended that the response be hand carried to insure receipt at the proper location. If mailing or http://www.txsmartbuy.com/sp sending by courier, the Respondent is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified.

2.1.4 Failure to deliver, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting contract award.

2.1.5 Respondent materials must be enclosed in a sealed envelope, box or container, addressed to the Point-of-Contact identified on the front of this solicitation. The package must clearly identify the submittal deadline, the RFP number, and the name, return address, and email address of the Respondent.

Proposals shall be submitted as two (2) separate documents and must be packaged in separate sealed envelopes, clearly marked to indicate the contents, within the sealed envelope, box, or container:

1.) Qualifications, Response to the Scope of Work (SOW), and Execution of Offer, 2.) Pricing and Delivery Proposals

2.1.6 The names of the submitting Respondents will be read aloud immediately following the date and time stated in Section 2.1.

2.1.7 Submit one (1) original hard copy of the response to the RFP (Proposal) and one complete electronic copy (i.e. Qualification, Pricing) on USB Flash Drive, CD, etc.... An original signature must be included on one copy of the Execution of Offer.

2.1.8 Proposals must be typed on letter-size (8 ½” x 11”) paper and assembled with spiral-type bindings or staples. Preprinted material should be referenced in the Proposal and included as labeled attachments. Proposals shall include a Table of Contents and sections within the Proposal should be divided by tabs for ease of reference. DO NOT

USE METAL-RING HARD COVER BINDERS.

2.1.9 The Qualifications and Proposal section shall be a maximum of thirty-five (35) printed pages total, with font 11 point. The cover, table of contents, divider sheets and Execution of Offer do not count as printed pages.

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

2.2 Point-of-Contact: The following individual is the University’s authorized Point-of-Contact for this

Solicitation. Respondents shall restrict all contact with other University staff and direct all questions regarding this Solicitation, including questions regarding terms and conditions, in writing to:

Daphne Helms Buyer III 151-4 East Sessom, Room 121 San Marcos, Texas 78666 Phone Number: 512-245-5615

Email Address: d_h209@txstate.edu

2.2.1 Point-of-Contact must receive all questions and concerns not later than the date and times specified in Section 7, Timeline of RFP Events.

2.2.2 University must have a reasonable amount of time to respond to questions or concerns.

2.2.3 It is the University’s intent to respond to all appropriate questions and concerns however, University reserves the right to decline to respond to any question or concern.

2.3 Pre-Proposal Conference: A (Mandatory/Non-Mandatory) Pre-Proposal conference will be held at the date, time, and location specified in Section 7, Timeline of RFP Events.

2.4 Historically Underutilized Businesses (HUB) Submittal Requirements: All agencies of the State of

Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state entities. Pursuant to the HUB program, if under the terms of any contract resulting from this RFP, Respondent subcontracts any of the services, then Respondent must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.3 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any contract resulting from this RFP. Respondent acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the services will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of the Services by the Respondent is subject to review by University to ensure compliance with the HUB program.

The HUB goals per TAC 20.14 are: 11.2% for heavy construction other than building contracts;

21.1% for all building construction, including general contractors and operative builder’s contracts; 32.7% for all special trade construction contracts; 23.6% for professional services;

24.6% for all other services contracts; and 21% for commodities contracts.

For additional information regarding any aspect of the University’s HUB Outreach Program, contact Destiny Llamas at (512) 245-2521 or HUB@txstate.edu. If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the response. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Proposal.

2.4.1 STATEMENT OF PROBABILITY: The University has determined that subcontracting opportunities are not probable in connection with this procurement Solicitation.

Therefore, a HUB Subcontracting Plan (HSP) is not required as a part of the Respondent's Proposal.

2.4.2 For further information regarding how to properly prepare a HSP and the forms, please access the following website:

mailto:HUB@txstate.edu http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

2.4.3 Submit one (1) original hard copy, and one (1) electronic version (CD, etc.) of the HUB

Subcontracting Plan (HSP) as a separate package to the Proposal package. The HSP should be clearly identified as specified in Section 2.1 and annotated with the words “HUB Subcontracting Plan Enclosed.”

2.4.4 Properly prepared and submitted HUB Subcontracting Plans and Proposals will not be returned to Respondents.

2.4.5 Respondents’ HSPs will be reviewed for completeness prior to evaluations of the Proposals. For disqualified HSPs, the Proposal will be returned to the submitting Respondent, upon written request, after the selection of, negotiation with, and award of the requirements to the successful Respondent.

2.5 University’s Reservation of Rights: The University reserves the right to accept or reject any or all

Proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Contract when deemed to be in the best interest of the University. University reserves the right to seek clarification from any Respondent concerning any item contained in its Proposal prior to final selection. Such clarification may be provided by telephone, conference or personal meeting with or writing to University, at University’s sole discretion. University makes no representations, written or oral, that it will enter into any form of agreement or contract for any project with any Respondent to this Solicitation, and no such representation is intended or should be construed by the issuance of this Solicitation. Representations made by Respondent in its Proposal will be binding on Respondent.

2.6 Acceptance of Evaluation Methodology: By submitting its Proposal in response to this

Solicitation, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm will require subjective judgments by the University.

The results of this most qualified determination will be combined with the Proposal evaluation results to determine the “best value” proposition for the University.

2.7 No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this Solicitation process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

2.8 Eligible Respondents: Only individual firms or lawfully formed business organizations may respond. The University will enter into a Contract only with an individual firm or formal organization that submits a Proposal.

2.9 Certain Proposals and Contracts Prohibited: Under Section 2155.004, Texas Government Code, a state agency may not accept a Proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or Request for Proposals on which the Proposal or Contract is based. All Respondents must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Texas Government Code, the Respondent certifies that the individual http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate any Contract resulting from this Solicitation without further obligation to the successful Respondent. This section does not create a cause of action to contest a Proposal or award of a state contract.

2.10 Proposal Validity Period: Each Proposal must state that it will remain valid for University’s acceptance for a minimum of sixty (60) days after the submittal deadline, to allow time for evaluation, selection, any required additional approvals, and any unforeseen delays.

2.11 Submittal Modifications/Withdrawals: Except as otherwise provided in this RFP, no Proposal may be changed, amended, or modified after it has been submitted to University. However, a Proposal may be withdrawn and resubmitted at any time prior to the submittal deadline. No Proposal may be withdrawn after the submittal deadline without the University’s consent, which will be based on Respondent’s submittal of a written explanation and documentation evidencing a reason acceptable to University, in University’s sole discretion.

2.12 Required Notices of Insurance Coverage: Successful Respondent, consistent with its status as an independent Successful Respondent will carry and will cause its subcontractors to carry, at least the following insurance in the form, with companies admitted to do business in the State of Texas and having an A.M. Best Rating of A-: VII or better, and in amounts (unless otherwise specified), as University may require:

2.12.1 Workers Compensation Insurance with statutory limits, and Employer’s Liability

Insurance with limits of not less than $1,000,000:

Employers Liability - Each Accident $1,000,000 Employers Liability - Each Employee $1,000,000 Employers Liability - Policy Limit $1,000,000 Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation and other rights in favor of University;

2.12.2 Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $1,000,000 Damage to Rented Premises $ 100,000 Medical Expenses (any one person) $ 10,000 Personal & Advertising Injury $1,000,000 General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000

Policy will include independent Successful Respondent’s liability, covering, but not limited to, the liability assumed under the indemnification provision of this contract, fully insuring Successful Respondent’s (or Subcontractor’s) liability for bodily injury (including death) and property damage.

Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage;

2.12.3 Successful Respondent will deliver to University:

Evidence satisfactory to University in its sole discretion, evidencing the existence of all insurance after the execution and delivery of this Agreement and prior to the performance or continued performance of any services to be performed by Successful Respondent under this Agreement.

Additional evidence, satisfactory to University in its sole discretion, of the continued existence of all insurance not less than thirty (30) days prior to the expiration of any insurance. Insurance policies, with the exception of Workers’ Compensation and Employer’s Liability, will be endorsed and name University as an Additional Insured. All policies will be endorsed to provide a waiver of subrogation in favor of University. All policies with the exception of Workers’ Compensation and Employer’s Liability will be endorsed to provide primary and non-contributory coverage. No policy will be canceled until after thirty (30) days' unconditional written notice to University.

Successful Respondent will be responsible for providing to University immediate notice of its receipt of a notice of cancellation, termination, material change, or non-renewal relating to any insurance policy required herein. This requirement may be satisfied by providing a copy of the notice received by the Successful Respondent to the University within two business days or by endorsement of the policy to require notice to the University to be provided by the insurer.

2.12.4 The insurance policies required in this Agreement will be kept in force for the periods specified below:

Commercial General Liability Insurance, Business Automobile Liability Insurance; will be kept in force until receipt of Final Payment by University to Successful Respondent; and Workers' Compensation Insurance and Employer’s Liability Insurance will be kept in force until the Work has been fully performed and accepted by University in writing.

2.13 Payment Terms: University shall pay for work performed under any contract resulting from this

Solicitation in accordance with Texas Government Code, Section 2251.021. The University’s standard terms of payment are Net 30 days; however, it will consider alternate payment terms if determined to be in the best interest of the University.

2.14 PARKING PERMIT REQUIREMENTS: There is no free parking on any Texas State University campus. The successful Respondent(s) will be required to purchase a parking pass for each vehicle that is parked on campus.

2.14.1 Non-construction related parking: May purchase red restricted permits that will allow a broader range of parking places. Perimeter parking permits may also be purchased.

However, perimeter-parking places are generally off-campus. There are two fee based parking garages on campus located at 405 N. Edward Gary Street and one at 704

Gaillardia Street.

2.14.2 Construction related parking: Construction related vehicles may be able to park inside the fenced staging areas, even though that space is not intended for parking use, but area will be limited to one to four spaces and be set aside for the Job Superintendent and other essential personnel. The Job Superintendent will provide the authorization for utilizing this space. A dashboard permit will be provided to vehicles that are approved to park inside the staging fence at no charge. This permit must be displayed at all times when parking inside the staging fence. Vehicles parked outside the pre-arranged staging area may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

2.14.3 All other personnel must purchase perimeter permits and park in lot P/AZ 10W (Bobcat

Stadium West) and be transported to the work-site. Permits must be displayed in all vehicles to legally park on campus.

2.14.4 Vehicles illegally parked on campus or do not have a visible permit may be subject to ticketing, immobilization (booting), and towing at the vehicle owner’s expense.

2.14.5 For parking map, permit types and associated costs, please visit the following link:

http://www.parking.txstate.edu/

2.15 Nondiscrimination: In their execution of this agreement, all contractors, subcontractors, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of this agreement.

2.16 Criminal Background Checks: Successful Respondent shall be required to provide criminal background checks on employees that will be assigned to work on campus. A written declaration that employees are clear of any violations must be provided to Facilities Procurement and Contracting upon award.

2.17 Contract Administration: The University will monitor the successful Respondent’s progress and performance and ensure services conform to the established specifications and requirements.

At the conclusion of each project or contract term, the University will complete a Contractor/Vendor Evaluation (see Attachment A). The evaluation is based on assessment of the output and outcome measures and compliance with the terms and conditions of the Contract. Contract monitoring and performance evaluations will be performed by the Contract Administrator or the Contract Manager.

Section 3 – Requirements of Proposal

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all requirements in Section 3 and formatted as directed in Section 2.1.

Incomplete responses will be considered non-responsive and will be subject to rejection.

3.1 Selection Criteria and Evaluation of Proposals: Evaluation of the Proposals shall be based on the requirements described in this Solicitation. All properly prepared and submitted Proposals shall http://www.parking.txstate.edu/ be reviewed, evaluated, and ranked by the University. University, at its sole discretion, may make the selection on the basis of Proposals initially submitted, without discussion, clarification, or modification. In the alternative, University may choose to make a selection based on negotiations with any Respondents. Proposals shall be evaluated based on the weights assigned below to the criterion:

Proposed methodology of delivering goods or services, the extent to which the methodology meets the University’s needs, quality of goods and services proposed, and Respondents ability to provide the goods or services;

And

Respondents qualifications and references 70 %

Cost of proposed goods or service 30 %

Total 100%

3.2 Negotiations and Clarifications: At University’s sole option and discretion, University may discuss and negotiate all elements of the Proposals submitted by selected Respondents within a specified competitive range. University may establish, after initial review of the Proposals, a competitive range of acceptable or potentially acceptable composed of the highest rated Proposal(s). In that event, University will defer further action on Proposals not included within the competitive range pending the selection of a Provider; provided, however, University reserves the right to include additional Proposals in the competitive range if deemed to be in the best interests of the University. If additional information or clarifications are needed, the University shall provide a written request to the appropriate Respondent and shall require all responses to be made in writing.

3.3 Best and Final Offers: Before final selection is made, University may permit Respondent(s) to revise its/their Proposal in order to obtain the Respondent’s “best and final offer” or BAFO. In that event, representations made by Respondent in its revised Proposal, including price and fee quotes, will be binding on Respondent. University will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of its Proposal.

University is not obligated to select the Respondent offering the most attractive economic terms if that Respondent is not the most advantageous to University overall, as determined by University.

3.4 Award Based on “Best Value”: The Respondent selected for award of any Contract resulting from this Solicitation will be the Respondent whose Proposal is judged most advantageous and the Best Value to the University. The University is not bound to accept the lowest priced Proposal, if that Proposal is not in the best interest of the University or not judged as “best value”, as determined solely by the University.

3.5 Criteria One - Respondent’s Methodology, Quality of Goods/Services, and Safety Program:

3.5.1 Describe your methodology for providing the requested goods or services and your service support philosophy.

3.5.2 Describe how you will measure the quality of service provided to the University for this Project.

3.5.3 Describe your job safety programs for Projects and specific safety policies in which employees must be in compliance.

3.5.3.1 List all State and/or Federal violations cited within the last five (5) years.

3.6 Criteria Two – Qualifications and References:

3.6.1 Describe your unique qualifications as they pertain to this project.

3.6.2 Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

3.6.3 Identify and describe the proposed team’s past experience for providing services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed (Maximum of 5 Projects):

3.6.3.1 Project name, location, and description of services performed

3.6.4 References (for each project listed above, identify the following):

3.6.4.1 The firm’s name and representative who served as the day-to-day liaison during the project, including telephone number and/or email address;

3.6.4.2 Length of business relationship with the firm

The University may contact references during any part of this process. The University reserves the right to contact any other references at any time during the Solicitation process.

3.6.5 Provide résumés for all proposed personnel that will be assigned to this project to include the following:

3.6.5.1 Experience in the industry;

3.6.5.2 Background and education;

3.6.5.3 Certifications;

3.7 Criteria Three – Pass/Fail Review

Following or in conjunction with the evaluation of each proposal for responsiveness, the

University shall evaluate each proposal based upon the following pass/fail criteria. A

Respondent must obtain a “pass” on all pass/fail items in order for the proposal to progress to the qualitative evaluation under Section 3.9.

3.7.1 Provide the following information on your firm for the past five (5) fiscal years:

3.7.1.1 Revenues

3.7.1.2 Annual revenue total and percent change per year

3.7.2 Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, please explain the impact in both organization and company direction.

3.7.3 Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the University.

3.7.4 Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.7.5 Does any relationship exist by relative, business associate, capital-funding agreement, or any other such kinship between your firm and any University employee, officer or Regent? If so, please explain.

3.8 Criteria Four – Cost: Includes the cost of the Respondent’s goods or services and may include the total long-term cost to the University for acquiring the Respondent’s goods or services.

3.9 Qualifications Evaluation Criteria and Percentage Weighs:

3.9.1 Individual criteria will be evaluated per the following percentage weights (total 100 %) as outlined below:

Criteria Percentage Weight Methodology-goods and services 20

Quality Service 15 Safety 10

Unique Qualifications 5 Availability 20

Past Experience 15 References 10

Personnel (resumes) 5

Section 4 – Execution of Offer

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE. THIS EXECUTION OF OFFER MUST

BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S QUALFICATIONS/PROPOSAL.

FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSAL SHALL RESULT IN REJECTION OF THE PROPOSAL. SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED

PROPOSAL OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT

FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT THE UNIVERSITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR

PURCHASE ORDER. BY SIGNATURE HEREON, RESPONDENT:

4.1 Acknowledges and agrees that (1) this Solicitation is a Solicitation for Proposals and is not a contract or an offer to contract; (2) the submission of Proposals by Respondent in response to this Solicitation will not create a contract between the University and Respondent; (3) the University has made no representation or warranty, written or oral, that one or more contracts with the University will be awarded under this Solicitation; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent’s preparation of a response to this Solicitation.

4.2 Offers and agrees to furnish to the University products and/or services more particularly described in the Statement of Work and to comply with all terms and conditions and requirements set forth in the Solicitation documents and contained herein.

4.3 Affirms that he has neither given, 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.

4.4 Certifies that it is not currently delinquent in the payment of any Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to those taxes, whichever is applicable. A false certification will be deemed a material breach of any resulting contract or agreement and, at University’s option, may result in termination of any resulting contract or agreement.

4.5 Certifies that neither the Respondent nor anyone acting on behalf of Respondent 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. Respondent further certifies that it has not communicated directly or indirectly the Proposals submitted to any competitor or any other person engaged in a similar line of business.

4.6 Represents and warrants that:

4.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of this Solicitation;

4.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to perform satisfactorily the terms, conditions and requirements of this Solicitation;

4.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

4.6.4 Respondent understands the requirements and specifications set forth in this Solicitation and the terms and conditions set forth in this Solicitation under which Respondent will be required to operate;

4.6.5 Respondent, if selected by the University, will maintain insurance as required by any Contract resulting from this Solicitation;

4.6.5.1 All statements, information and representations prepared and submitted in response to this Solicitation are current, complete, true, and accurate.

Respondent acknowledges that the University will rely on such statements, information and representations in selecting the successful Respondent. If selected by the University as the successful Respondent, Respondent will notify the University immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.

4.6.6 If selected by University, Respondent will not delegate any of its duties or responsibilities under this RFP or the contract to any sub-contractor, except as expressly provided in the Contract.

4.7 Certifies that the individual signing this document and the documents made part of this Solicitation is authorized to sign such documents on behalf of the company and to bind the company under any Contract resulting from this Solicitation.

4.8 Certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in 34 TAC 20.32 (68).

4.9 Certifies as follows:

4.9.1 “Under Section 231.006, Texas Family Code, the Respondent certifies that the individual or business entity named in this Proposal or any Contract resulting from this Solicitation is not ineligible to receive the specified grant, loan, or payment and acknowledges that any Contract resulting from this Solicitation may be terminated and payment may be withheld if this certification is inaccurate.”

4.9.2 “Under Section 2155.004, Texas Government Code, the Respondent certifies that the individual or business entity named in this Proposal or any Contract resulting from this Solicitation is not ineligible to receive the specified Contract and acknowledges that any Contract resulting from this Solicitation may be terminated and payment withheld if this certification is inaccurate.”

4.10 Certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any Texas State University System component, or Respondent has not been an employee of any Texas State University System component within the immediate twelve (12) months prior to your Solicitation response. All such disclosures will be subject to administrative review and approval prior to the University entering into any Contract resulting from this Solicitation.

4.11 Affirms that no compensation has been received for participation in the preparation of the specifications for this Solicitation. (Ref. Section 2155.004 Texas Government Code).

4.12 Represents and warrants that all articles and services quoted in response to this Solicitation meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and the Texas Hazard Communication Act, Chapter 502, Health and Safety Code, and all related regulations in effect or proposed as of the date of this Solicitation.

4.13 Signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

4.14 Agrees to defend, indemnify, and hold harmless the State of Texas, Texas State University System and all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any Contract resulting from this Solicitation.

4.15 Agrees that any payments that may become due under any Contract resulting from this Solicitation will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

4.16 Certifies that no member of the Board of Regents of the Texas State University System, or the Executive Officers of The Texas State University System (TSUS) or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of any Contract resulting from this Solicitation.

4.16.1 Execution of Offer: RFP No.754-Laboratory Analysis Services-2016

The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Signing this Execution of Offer with a false statement is a material breach of contract and shall void the submitted response or any resulting contracts. The Respondent may be removed from all solicitation lists due to this transgression. Failure to sign and return this form will disqualify the submittal.

Respondent’s Company Name: _____________________________________________________

Respondent’s State of Texas Tax Account No.: _________________________________________ (This 11-digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation: __________________________________________

Respondent’s Charter No.: __________________________________________________

Identify each person who owns at least 25% of the Respondent’s business entity by name:

(Name) (Name)

(Name) (Name)

Submitted and Certified By:

(Type Respondent’s Name) (Type Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(Signature of Authorized Representative) (Date)

(Email Address)

4.17 Acknowledgement of Addenda: Receipt is hereby acknowledged of the following addenda issued as part of this Solicitation (initial if any addenda were issued by University).

No. 1______ No. 2______ No. 3_____ No.4_____ No.5_____ No.6_____

Scope of Work

5.1 General: The University seeks to obtain proposals for laboratory analytical services including but not limited to:

• Semiannual wastewater permit sampling, including metals, fats, oils, and grease (FOG), and cyanide, and for non-routine discharges to the City of San Marcos sanitary sewer that may occur, including but not limited to, cooling tower cleanouts, API separator cleanouts, and discharges from closed loop passivation activities.

• All sample analyses shall be performed by a qualified laboratory staff. The laboratory must be accredited by the National Environmental Laboratory Accreditation Program (NELAP) through the Texas Commission on Environmental Quality (TCEQ) to perform all of the laboratory analytical methods required by this RFP.

• These services shall be provided to the main campus at Texas State University and the Science, Technology, and Advanced Research (STAR) facility. The University reserves the right to utilize these services at the Texas State University Round Rock campus.

5.2 Requirements: Respondent shall provide pricing which shall be inclusive of labor, delivery, pickups of samples, materials, tools, shipping, equipment, all sample containers, labels, chain of custody seals and facilities required for analysis, report preparation and electronic transfer of all data.

5.2.1 All analytical testing is performed for regulatory purposes as required by TCEQ and EPA. As such, all wastewater sample analyses must be performed using the EPA approved methods and detection limits found in 40 CFR Part 136. All drinking water quality sample analyses must be performed using the EPA approved methods and detection limits found in 40 CFR Part 141. All solid waste sample analyses must be performed in accordance with the EPA approved test methods found in Hazardous Waste Test Methods, SW-846.

5.2.2 Respondent shall provide sample pick up from Texas State University.

5.2.3 Normal turnaround from laboratory receipt of samples to report deliverable for Texas State requirements shall be seven (7) to ten (10) days, except as noted for Non-Routine Discharges to Sewer, which shall be a 24-hour turnaround time.

5.2.4 Reports shall be prepared and delivered electronically via email to the Director of Utilities within the approved turnaround time.

5.2.5 Analysis and reports shall be prepared in a professional manner and suitable to review.

5.2.6 The University will not pay for additional fees such as pick up charges and trips charges.

5.2.7 If the University deems the estimate to be unreasonable, the University reserves the right to request estimates from other Contractors.

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5.2.8 All lab analysis must be reviewed and authorized by Utilities Operations Director or invoices will not get paid. Texas State University shall not be responsible for payment of any unauthorized work.

5.2.9 No work shall commence until a purchase order is provided by the University.

5.3 Qualifications:

5.3.1 Be a company engaged in the business of providing analytical laboratory services for the analysis of Environmental Protection Agency (EPA) methods for the past consecutive five (5) years, and be accredited by the National Environmental Laboratory Accreditation Program (NELAP) to perform the requested analyses

5.3.2 Recent start-up businesses do not meet the requirements of this solicitation. A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise.

5.3.3 Have a working laboratory located in Texas for performing all analysis included in Section 6-

Pricing

5.3.4 Be certified by the NELAP for all laboratory analysis to be performed in Section 6-Pricing.

5.3.5 If utilizing a subcontractor, the subcontractor must be certified with NELAP, Respondent must have a Laboratory Information Management Systems (LIMS) software for managing and reporting laboratory data.