ESBD_File_332070_RFQ 23-04 Grant Evaluation for U.S. Department of Education (ED) Grants.pdf

1 | P a g e

REQUEST FOR QUALIFICATIONS

“Grant Evaluation Services for U.S. Department of Education (ED) Grants”

FOR

TEMPLE COLLEGE

SOLICITATION NUMBER: 23-04

QUALIFICATIONS MUST BE RECEIVED ON OR BEFORE:

September 06, 2023 at 12:00 P.M.

SUBMISSION INFORMATION

DEADLINE: Your submission must be received in the Temple College Purchasing Office on or before 12:00 P.M. on September 6, 2023. Any submission received by the due date and time will be opened and the proposer’s names read aloud directly following the deadline in the Temple College Purchasing Office within the Maintenance Bldg. #12, 2600 South First Street, Temple, Texas 76504.

In the case of inclement weather or any other unforeseen event causing the College to close for business or delay opening, submissions will be received and opened the following business day at the designated time and place stated herein. For example, if submissions are due on Wednesday at 2:00 P.M. and the College is closed on Wednesday for bad weather or an unforeseen event, the submission will be accepted until Thursday, 2:00 P.M.

METHODS: Sealed responses may be hand delivered or mailed to:

Temple College Maintenance Bldg#12 Attn: Brian Supak, Purchasing Director 2600 South First Street Temple, Texas 76504

LOCATION DIRECTIONS: Please review EXHIBIT H for a map and directions to the Temple College Maintenance Building.

FAX or EMAIL: Facsimile or emailed submissions will not be not acceptable.

2 | P a g e

SUBMISSION REQUIREMENTS

PURPOSE: In order to meet the requirements of the Code of Federal Regulations 2 CFR 200, Texas Education Code 44, and other local requirements; Temple College is soliciting ED grant evaluation services.

After a review is completed of the submissions received, the College will determine a competitive range from the scores each firm receives and those firms that are within the identified competitive range will be added to the College’s shortlist of firms to be used for ED grant services. This shortlist will be active for a period of (3) three years from the date the College identifies the firms.

If the College receives an ED grant, then the College will negotiate a contract with the top-ranked firm on the shortlist. If a contract cannot be agreed upon, the College will move down the shortlist of firms ranked by their scores to negotiate further until a firm and the College agree on a contract. Firms making the shortlist are not guaranteed a contract. A contract is contingent on the College receiving ED grant funds and may be subject to the approval of the College’s Board of Directors.

HARD SUBMITTAL: 1 original complete hard copy submission set and 1 electronic copy of your submission set shall be submitted (on a USB Drive). A “submission set” consists of the COMPLETED AND SIGNED forms and any other required documentation. All copies must have the same attachments as the original.

Submission Checklist:

1. If you have questions about the submission please review the process on page 5

2. Fill in payment term information on page 7

3. Fill in the submission and answer questions on pages 15-17

4. Complete Form W-9, Exhibit A on pages 17-18

5. Fill in copyright information Exhibit B (page 19)

6. Fill in Conflict of Interest Statement Exhibit C (pages 20-22)

7. Fill out Exhibit D (page 23) for the debarment certification

8. Review page 24, Exhibit E for Form 1295 requirement, if you are awarded a contract

9. Complete the Felony Conviction Notification, Exhibit F (page 25)

10. Complete the Affidavit of Non-Collusion Form, Exhibit G (page 26)

11. Review Exhibit H (page 27) for the address to the location where your submission is due

SEALED SUBMISSIONS: All submissions must be returned in a sealed envelope addressed to the Director of Purchasing at Temple College with the firm’s name, address, submission name & number, opening date, and time clearly marked on the outside of the envelope. If an overnight delivery service is used, the firm’s name, address, submission name, number, opening date, and time should be clearly marked on the outside of the delivery service envelope.

DEBARMENT CERTIFICATION: All participants are required to sign a certification or acknowledgment stating the firm is free from suspension or debarment pursuant to federal regulation 45CFR76. (See EXHIBIT D) This form must be signed, and submitted with your Submission.

LEGIBILITY: All submissions must be legible and of a quality that can be photocopied.

FORMS: All submissions shall use the forms provided in this solicitation document. Changes to submission forms made by a firm may disqualify their submission. Your submission cannot be altered or amended after the deadline.

LATE SUBMISSION: Submissions received after the deadline will be returned to the firm as they are considered void and unacceptable. Temple College is not responsible for the lateness of mail, courier service, etc.

RESPONSIBILITY: It is expected that a prospective firm will be able to affirmatively demonstrate its responsibility. A prospective firm should be able to meet the following requirements:

3 | P a g e

a) have adequate financial resources, or the ability to obtain such resources as required;

b) be able to comply with the required or proposed delivery schedule;

c) have a satisfactory record of performance;

d) be otherwise qualified and eligible to receive an award.

Temple College may request representation and other information sufficient to determine firms’ ability to meet these minimum standards listed above.

WITHDRAWAL OF SUBMISSION: A firm may withdraw their submission that has been submitted to the College at any time up to the solicitation due date and time. To accomplish this, a written request shall be signed by an authorized representative of the firm and shall be submitted to the submission contacts listed within this submission. Once the submissions are opened, all submissions shall be valid for a period of sixty

(60) days after the submission opening.

AWARD OF CONTRACT

4 | P a g e

AWARDED CONTRACT: Any contract award is contingent on if the College receives an ED grant. The College’s Board of Trustees may need to approve the contract(s) should the College receive funding from the ED. Results may be obtained by contacting the purchasing contact, Brian Supak at (254) 298-8609.

AWARD OR REJECTION: All submissions may be awarded or rejected in total or in part at the sole discretion of the College. The College may waive any informality or irregularity. Any contract may be awarded or rejected in any combination at the discretion of the College, taking into consideration direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, and customer service after the sale.

CONTRACT: This Submission, when properly accepted by Temple College, shall constitute a contract equally binding between the successful proposer and Temple College. The successful proposer may be required to sign an additional agreement containing the terms necessary to ensure compliance with the submission.

CONTRACT ADMINISTRATION: After the award of the submission item(s), Brian Supak, Director of Purchasing, phone (254) 298-8609 shall be the contract administrator/Owner’s Designated Representative (ODR) with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. The contract administrator/ODR will serve as a liaison between the College and the successful proposer.

CONTRACT PERIOD(S): The initial contract term is dependent on if the College receives an ED grant.

CONTRACT PRICE AND TERM RENEWALS: Pricing shall remain fixed during the initial term of the contract. If the submission is renewed for an additional period(s), additional purchases may be made during the subsequent periods. At the time of contract renewal, price increases will be considered by the College only as a result of a cost increase in manufacturing or labor.

Any price increase shall be passed onto the College at par without any additional profit, markup, or overhead. Any price increase shall be requested by the awarded proposer, in writing, and accompanied by the appropriate documentation to justify the increase (for example: a letter dated in the current contract term from your current raw material provider), prior to sixty (60) days of any renewal term. If the awarded proposer fails to give timely notice, prices may not be increased. The awarded proposer may offer price decreases of any type at any time.

If during any term of this contract, the awarded proposer should enter into any contract with another College within Texas for commodities or services with similar scope of work with rates more favorable than those granted to Temple College, the proposer agrees to modify this contract to include much more favorable rates. It is recommended that the proposer provide any rate reduction or discount voluntarily. Any request for price change with supporting documentation shall be sent to the following address only:

Temple College Attn: Brian Supak, Purchasing Director 2600 South First Street Temple, Texas 76504

On the outside of the envelope please write “Price Change Notification RFQ 23-04”

SUBMISSION CONTACTS

SUBMISSION QUESTIONS OR REQUEST FOR CLARIFICATIONS: Any questions or requests for

5 | P a g e clarification must be submitted to the Temple College Purchasing Office, in writing, to brian.supak@templejc.edu prior to 12:00 P.M. on August 23, 2023. Please indicate “Submission 23-04

Questions” in the subject line of your email. There will be no exceptions. All responses to the questions will be sent to all known firms who have expressed interest in this submission. Unauthorized contact regarding this Request for Submission with any Temple College employee or contractor may result in disqualification. Any oral communications will be considered unofficial and non-binding for this submission.

All firms should rely only on written statements only.

PURCHASING CONTACTS:

Brian Supak Purchasing Director

(254) 298-8609 Brian.Supak@Templejc.edu

SUBMISSION PROTEST: Any firm wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the named contacts above within ten (10) business days after the award. The formal written protest must identify the name of the firm contesting the solicitation, the firm’s name and telephone number, and the specific grounds for the protest with all supporting documentation.

TERMS AND CONDITIONS

mailto:brian.supak@templejc.edu mailto:Brian.Supak@Templejc.edu

6 | P a g e

FOB DESTINATION: All of the items purchased or services rendered are to be Free On Board to the final destination (FOB Destination) with all transportation charges if applicable to be included in the price unless otherwise specified in the Request for Qualifications. The title and risk of loss of the goods shall not pass to the College until receipt and acceptance take place at the College.

FIXED PRICING: All of the items or services listed are to be on a "per unit" basis, stating a fixed price per unit or unit quantity of each item or service. No price adjustment or penalty shall be charged by the proposer for variances to the estimated amounts needed.

ESTIMATED QUANTITIES: The estimated quantity of each item listed in the notice is only an estimate as the actual quantity to be purchased may be more or less. The College is not obligated to purchase any minimum amount, and the College may purchase any reasonable amount greater than the estimate for the same unit price. Any limit on quantities available must be stated expressly within your submission.

FUNDING: Grant funds for payment have been provided through the Temple College budget approved by the Board for the current fiscal year only.

SALES TAX: Temple College is by statute, exempt from the State Sales Tax and Federal Excise Tax. The College qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise, and Use Tax Act. Taxes normally levied on the purchase, rental, and lease of materials, supplies, and equipment used or consumed in the performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the proposer or the proposer’s subcontractors to take advantage of the College’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the College. Sales Tax Exemption Forms are available upon request from the Temple College Purchasing Office.

STATEMENTS: No oral statement of any person shall modify or otherwise change, or affect the terms and conditions, plans, and/or specifications stated in this solicitation packet and/or solicitation instructions/requirements.

DELIVERY: The delivery time and location for the commodity and/or service covered by this solicitation shall be delivered to sites within Temple College as needed.

PURCHASE ORDER: The Temple College Purchasing Office requires a purchase order generated for the successful firm for items and/or services awarded under this submission. When a purchase order is issued the purchase order number must appear on all itemized invoices and/or requests for payment.

PAYMENT: Payment shall be made by check from the College upon satisfactory completion and acceptance of items and submission of a correct invoice to Accounts Payable for work specified by this Submission. No down payment or advance payment of any kind shall be made. Payment will be made within 30 days of receipt of an accurate invoice, unless discount payment terms are offered, such as 2% 15 net 30 days. All invoices shall be submitted to the College’s Accounts Payable department. As a minimum, invoices shall include:

(1) Name, address, and telephone number of your business and similar information in the event the payment is to be made to a different address

(2) College’s purchase order number

(3) Identification of items or services invoiced as outlined in the contract

(4) Quantity or quantities, applicable unit prices, total prices, and total amount

(5) Any additional payment information which may be called for by this submission

(6) A current W-9 Form filled out and on file with the Purchasing Office

7 | P a g e

Payment inquiries should be directed to the Purchasing Office, Director of Purchasing: Brian Supak, (254) 298-8609.

If a discrepancy is found on any invoice, the College will phone your customer service point of contact for correction. Payment of any corrected invoice will be made in thirty (30) days once the corrected invoice has been received unless your business has provided discount payment terms. In no circumstances should any invoice dispute last longer than thirty (30) days.

PAYMENT TERMS: Specify other payment options:

Check box if you offer a prompt payment discount: __%_________. Specify terms:

CONFLICT OF INTEREST: No public official shall have interest in a contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171. As of January 1, 2006, each firm is responsible for complying with Local Government Code Title 5, Subtitle C, Chapter 176. The Conflict of Interest Statement is attached (see EXHIBIT E) to this Request for Qualifications packet. This form should be completed, signed, and submitted with your Submission.

ETHICS: The proposer shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of Temple College prior to an award of a contract or during the contract performance dates in order to influence the award or to influence the renewal of subsequent terms.

DOCUMENTATION: Each firm shall provide with their solicitation response, all documentation required by this solicitation. Failure to provide this information may make your submission non-responsive and as a result, the submission may be rejected by the Board.

TERMINATION FOR CAUSE OR DEFAULT: Temple College reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the College in the event of breach or default of this contract. Non-Performance of the proposer in terms of specifications shall be a basis for the termination of the contract by the College. The College shall not pay for commodities/services which are unsatisfactory. Awarded proposer may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

TERMINATION FOR CONVENIENCE: Temple College may terminate an awarded contract and/or any additional agreement containing terms necessary to ensure compliance with the awarded submission, for convenience and without cause or further liability, upon thirty (30) days' written notice to awarded proposer.

In the event Temple College exercises its right to terminate without cause, it is understood and agreed that only the amounts due to the awarded proposer for goods, commodities, and/or services provided and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for Temple College’s termination for convenience.

DISPUTES: The parties agree that, in the event of a dispute or alleged breach subject to termination for cause or convenience above, they will work together in good faith first, to resolve the matter internally by escalating it to higher levels of management. Prior to resorting to litigation, other than disputes involving confidentiality or infringement of intellectual property rights (in which case either party shall be free to seek available remedies in any forum). Any disputes arising under this agreement that cannot be successfully resolved by the parties within seven (7) business days may be settled by appropriate legal proceedings.

The rights and obligations described herein shall survive the completion of and final payment under this agreement. This agreement shall be governed and construed according to the laws of the State of Texas.

The venue for purposes of any and all lawsuits, causes of actions, claims, or disputes shall be in Bell County, Texas.

APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code for products.

Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform

8 | P a g e

Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement.

Services offered under this agreement shall be governed by common law.

INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE

CONTRACTOR AND ITS AGENTS, PARTNERS, EMPLOYEES, AND CONSULTANTS

(COLLECTIVELY “INDEMNITORS”) SHALL AND DO AGREE TO INDEMNIFY, PROTECT, DEFEND

WITH COUNSEL APPROVED BY OWNER, AND HOLD HARMLESS THE OWNER,

REPRESENTATIVES OF THE OWNER, THE COMMISSIONERS COURT OF TEMPLE COLLEGE, ITS

VARIOUS DEPARTMENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,

AGENTS AND THE DISTRICT COURTS AND COLLEGE COURTS AT LAW TRYING CRIMINAL CASES

IN TEMPLE COLLEGE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND

AGENTS (COLLECTIVELY “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS. DAMAGES,

LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, AND EXPENSES, INCLUDING

ATTORNEY FEES, OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY “LIABILITIES”) OF

ANY PERSON OR ENTITY WHOMSOEVER ARISING OUT OF, CAUSED BY, OR RESULTING FROM

THE PERFORMANCE OF THE SERVICES OR ANY PART THEREOF WHICH ARE CAUSED IN WHOLE

OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANYONE DIRECTLY

OR INDIRECTLY EMPLOYED BY IT OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE, EVEN IF IT

IS CAUSED IN PART BY THE NEGLIGENCE OR OMISSION OF ANY INDEMNITEE, SO LONG AS IT

IS NOT CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE.

IN THE EVENT MORE THAN ONE OF THE INDEMNITORS ARE CONNECTED WITH AN ACCIDENT

OR OCCURRENCE COVERED BY THIS INDEMNIFICATION, THEN EACH OF SUCH INDEMNITORS

SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE TO THE INDEMNITEES FOR

INDEMNIFICATION AND THE ULTIMATE RESPONSIBILITY AMONG SUCH INDEMNITORS FOR THE

LOSS AND EXPENSE OF ANY SUCH INDEMNIFICATION SHALL BE SETTLED BY SEPARATE

PROCEEDINGS AND WITHOUT JEOPARDY TO ANY INDEMNITEE. THE PROVISIONS OF THIS

ARTICLE SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER

INDEMNIFICATION OR RIGHT WHICH OWNER OR ANY OF THE INDEMNITEES HAS BY LAW.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

COMPLIANCE WITH LAWS: The successful proposer shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of duties under this submission including the TEXAS HAZARD COMMUNICATION ACT.

CONTRACTORS EMPLOYEES/SUBCONTRACTORS: Temple College shall have the right at any time to request a replacement of any of the contractor’s employees/subcontractors. Upon such request, the contractor shall use all reasonable efforts to promptly replace such employee/subcontractor with a team member having skills and training that are equal to or exceed those of the individual to be replaced. All such replacement personnel shall be reviewed by Temple College.

NOTICE OF DELAYS: In the event, the contractor encounters or anticipates difficulty in meeting performance or schedule requirements, or when it anticipates or encounters difficulty in complying with the project requirements, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this agreement, the contractor shall promptly notify, Brian Supak, Purchasing Director in writing, giving pertinent details. This provision shall not be construed as a waiver by Temple College of any performance schedule, or any rights or remedies provided by law or under this agreement.

CHANGE CONTROL PROCESS: The mechanism used to make changes to this agreement shall be finalized by Temple College and the contractor during final contract negotiations. The established change control process shall, at a minimum, include the provisions outlined below.

9 | P a g e

• Either party may identify a requirement for, or propose a change to, the services described in this agreement, to include all attachments hereto.

• Proposed changes submitted by the contractor must include the identification of any required changes to the schedule, scope, budget/prices, and personnel.

• Proposed changes submitted by Temple College shall be evaluated by the contractor for the purposes of identifying the impact of such changes in terms of schedule, scope, budget/prices, and personnel. This information shall be provided to Temple College within five (5) business days of receipt of the proposed change.

• In any event, both parties shall be allotted no more than five (5) business days for the review of a proposed change request submitted by either party and shall indicate in writing that the parties approval/disapproval, or deferment of the proposed change.

COPYRIGHT MATERIALS: Materials listed in your submission that are copyrighted shall be listed clearly under a copyrighted materials section within your submission (see EXHIBIT B) for more information. Temple College is subject to the Texas Public Information Act. Any information submitted to Temple College is presumed to be public information and available to the public unless noted in EXHIBIT B. If an outside individual or entity requests to review copies of the information marked in EXHIBIT B as confidential, Temple College will request an open records decision from the State of Texas Attorney General’s Office asserting appropriate exceptions to disclosure. The proposer shall be responsible for substantiating the confidentiality of the information or materials requested at its own expense.

INDEPENDENT CONTRACTOR: The agreement does not create an employee/employer relationship between the award contractor and Temple College. It is Temple College’s intention that the awarded contractor will be an independent contractor and not an employee of Temple College for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the provisions of the Internal Revenue Code, and all State of Texas revenue, workers compensation, and unemployment insurance laws. The contractor will retain sole and absolute discretion over the manner and means of carrying out the activities and all responsibilities listed herein. The contractor agrees that it is a separate and independent enterprise from Temple College and that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship between the contractor and Temple College, and Temple College will not be liable for any obligation incurred by the contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

INSURANCE: The FIRM shall carry insurance in the types and amounts indicated below for the duration of the AGREEMENT:

1. Workers' Compensation and Employers Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Sec. 401.) with minimum policy limits for employer’s liability. The following endorsements shall be added to the policy:

a) A Waiver of Subrogation in favor of Temple College, form WC 420304

b) A 30-day Notice of Cancellation/Material Change in favor of Temple College, form WC 420601

2. Commercial General Liability Insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverage A (bodily injury and property damage) & B (personal and advertising injury). Coverage for products and completed operations shall also be provided with a limit of $500,000. The policy shall contain the following provisions:

a) Independent contractor coverage

10 | P a g e

b) Temple College listed as additional insured

c) 30-day Notice of Cancellation in favor of the Temple College

d) Waiver of Transfer Right of Recovery against Others in favor of the Temple College

3. Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. The policy shall contain the following endorsements in favor of the OWNER:

a) Waiver of Subrogation endorsement TE 2046A

b) 30-day Notice of Cancellation endorsement TE 0202A

c) Additional Insured endorsement TE 9901B

GENERAL REQUIREMENTS OF INSURANCE:

The FIRM must complete and forward the OWNERS's standard certificate of insurance to the OWNER before the AGREEMENT is executed as verification of coverage required in subparagraphs above. The FIRM shall not commence work until the required insurance has been obtained and until such Insurance has been reviewed by the OWNER. Approval of insurance by the OWNER shall not relieve or decrease the liability of the FIRM hereunder.

The FIRM’S insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best Ratings of B+ VII or better.

All endorsements naming the OWNER as additional insured, waivers and notices of Cancellation endorsements as well as the certificate of insurance shall indicate:

Temple College Attn.: Brian Supak, Purchasing Director 2600 South First Street Temple, Texas 76504

The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the AGREEMENT, covering both the OWNER and FIRM, shall be considered primary coverage as applicable.

If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with the date of this AGREEMENT and the certificate of insurance shall state that the coverage is claims made and the retroactive date shall be shown. The FIRM shall maintain coverage for the duration of this AGREEMENT and for a two-year period following the end of this AGREEMENT. The FIRM shall provide the OWNER annually with a certificate of insurance as evidence of such insurance.

If insurance policies are not written for amounts specified above, the FIRM shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.

The OWNER reserves the right to review the insurance requirements set forth during the effective period of this AGREEMENT and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the College based upon changes in statutory law, court decisions, and the claims history of their industry or financial condition of the insurance company as well as the FIRM.

11 | P a g e

The FIRM shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the AGREEMENT or as required in the AGREEMENT.

The FIRM shall be responsible for premiums, deductibles, and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the certificate of insurance.

The insurance coverages required under this AGREEMENT are required minimums and are not intended to limit the responsibility or liability of the FIRM.

ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting qualifications/submission in response to this RFQ, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the bidder that offers the “best value” will require subjective judgments by Temple College.

BY SUBMITTING A RESPONSE TO THIS REQUEST FOR SUBMISSIONS, THE RESPONDENT

AGREES THAT IT WAIVES ANY CLAIMS IT HAS OR MAY HAVE AGAINST TEMPLE COLLEGE,

TEMPLE COLLEGE EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, AND MEMBERS OF

TEMPLE COLLEGE, IN CONNECTION WITH OR ARISING OUT OF THIS RFQ THE BASIS FOR

SELECTION, THE EVALUATION OF THE RESPONSES AND SUBMISSIONS, THE METHOD USED FOR

SELECTION, AND ANY DISCLOSURE OF INFORMATION REGARDING THE RESPONSES,

QUALIFICATIONS OR EVALUATIONS. THE SUBMISSION OF QUALIFICATIONS CONSTITUTES THE

ACCEPTANCE BY THE RESPONDENT OF THE EVALUATION TECHNIQUE DESCRIBED IN THIS RFQ

SOLICITATION.

CONTRACT AWARD / EVALUATION CRITERIA: An evaluation committee will examine all offers. Offers that do not conform to the instructions given or that do not address all the questions and/or services specified may be eliminated from consideration. Temple College, however, reserves the right to accept such an offer if it is determined to be in the College’s best interest to do so.

Temple College may initiate discussions with offerors. Additional information will be accepted during this period from offerors who responded to the original request. Offerors may NOT initiate discussions.

Temple College expects to conduct discussions with offeror personnel authorized to enter into contractual obligations.

Award of the Contract shall be made to the responsible offeror whose offer is determined to be the best evaluated offer resulting from negotiations, taking into consideration compliance with instructions, and specifications proposed which best meet the needs of the using department. Temple College may use references to make judgments directly affecting the award of this Contract.

EVALUATION CRITERIA:

The evaluation criteria will be based on, but not necessarily limited to the following factors:

1. Content expertise & demonstrated experience with data collection for similar projects 20%

2. Education & cultural competence of staff members assigned to the project 20%

3. Ability to handle multiple project deliverables & references 20%

4. Experience & demonstrated ability to meet ED reporting requirements 20%

5. Reasonability priced hourly rate 20%

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

CALENDAR OF EVENTS & RESPONSE INFORMATION

12 | P a g e

Listed below are the dates and times by which stated actions must be taken or completed. If Temple College determines, in its sole discretion, that it is necessary to change any of the dates and times, a formal Addendum to this RFQ will be issued.

ACTION DATE/TIME

1st Advertisement August 6, 2023

2nd Advertisement August 13, 2023

RFQ Questions Due (All inquiries must be submitted in writing to brian.supak@templejc.edu

August 23, 2023, by 12:00 P.M.

Response to Questions in Formal Addendum via ESBD (If Any) August 29, 2023 (estimated)

RFQ Due Date September 6, 2023, by 12:00 P.M.

Evaluation of Responses & Award (if any) September 2023 (estimated)

The Electronic State Business Daily (ESBD) can be found at:

http://www.txsmartbuy.com/esbd

SCOPE OF SERVICES

SCOPE:

mailto:brian.supak@templejc.edu http://www.txsmartbuy.com/esbd

13 | P a g e

Temple College is accepting Requests for Qualifications submissions for Grant Evaluation services for Temple College. The scope of services shall include all work necessary to provide ongoing evaluation, assessment, interpretation, and dissemination of grant activities, but not limited to, the following:

1. MEETINGS: The evaluator will need to meet 2 times a year to assess progress, troubleshoot problems, and offer guidance. The evaluator will also be available for ad hoc virtual/phone meetings.

2. DATA INQUIRY: The evaluator will request, compile and assess gathered data and provide viability metrics in accordance with grant goals.

3. DATA ANALYSIS: The evaluator will analyze data providing guidance on future grant decisions and outcomes. The analysis will be conducted using industry-recognized Statistical Analysis Software and regression analysis informed by What Works Clearinghouse 4.1 Standards.

4. DATA TOOLS: The evaluator will assist in the development of various questionnaires and will work to maintain consistency using Cronbach Alpha procedures. Further, the year-to-year frequency will be identified using industry-recognized Statistical Analysis Software.

Developed tools will be used for quantitative and qualitative analysis. The evaluator will meet What Works Clearinghouse (WWC) Evidence Standards with or without reservations.

5. FORMATIVE EVALUATION: The evaluator will provide quarterly evaluation reports in line with the Department of Education Standards.

6. SUMMATIVE EVALUATION: The evaluator will provide annual evaluation reports in line with the Department of Education Standards.

7. CONFERENCE: Annual attendance to Washington D.C. Department of Education Conference.

8. ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR: The firm shall provide all technology, software, and hardware for the completion of all tasks.

EVALUATION CRITERIA

Content Expertise & Demonstrated Experience with Data Collection for Similar Projects:

14 | P a g e

Please explain in detail how your company has direct experience with evaluating ED grants awarded by the U.S. Department of Education. How many years of evaluation experience do you have specifically with evaluating ED grants? Explain the data collection methods in detail that you’ve used on past projects. Please list a maximum of three similar projects that demonstrate your data collection experience.

Education & Cultural Competence of Staff Members Assigned to the Project:

Please provide resumes of each staff member that will be assigned to the project. Please explain how each of these staff members has direct experience engaging with diverse segments of communities to include cultural and contextual dimensions.

Ability to Handle Multiple Project Deliverables & References:

Please discuss the complexities of evaluating the desired outcomes of similar ED grant projects, particularly Title III, Title V, or FIPSE that you have direct experience with. Please list a maximum of three projects with a similar scope of desired services along with their references that demonstrate your firm’s ability to handle the requested type of deliverables listed in the scope of services. Each listed reference provided shall include the name of the individual, their title, the organization they work for, their email address, and a direct phone number.

Experience & Demonstrated Ability to Meet ED Reporting Requirements:

Please explain in detail how your company formulates the required U.S. Department of Education reporting requirements for your clients. What experience does your firm have with meeting WWC Evidence Standards? How many years of experience does your firm have creating reports for ED grants? How does your firm keep up with any changes in the reporting requirements? Please list your methods to guide your clients to successful reporting outcomes.

Reasonability Priced Hourly Rate:

Please include your firm’s hourly rates for services in the included Pricing Form.

PRICING FORM

15 | P a g e

Prices shall include all fees and meet all scopes of service specifications listed within this solicitation. No other itemized charges shall be charged for each item unless otherwise noted.

Your submission pricing shall be in the form of an hourly amount charged for services rendered.

Please indicate your hourly rate here:

$_____________________ per hour as a fee for the required scope of services.

All required travel shall be billed to the College at cost with a copy of receipts provided for each reimbursement request. The College will use GSA Per Diem Rates as guidance for the allowable travel reimbursement rates or rates established by each ED grant.

Exceptions to needed services that are requested in this solicitation (list service and type of exception and additional fees, if any):

Additional Questions:

Do you have all of the required equipment to provide the requested services listed? Yes: ___ No: ___

Do you have all of the required licensing to provide the requested services listed? Yes: ___ No: ___

Can you provide copies of required insurance and licensing upon award notification? Yes: ___ No: ___

Has an owner of the company been convicted of a crime within the past 10 years? Yes: ___ No: ___

Has company been in bankruptcy, reorganization or receivership in the last 5 years? Yes: ___ No: ___

Has company been disqualified or debarred by any public agency, including the Federal Government, from participation in public contracts? Yes: ___ No: ___

Does any employee or official of the College have any financial or other interest in your firm?

Yes: ___ No: ___

SIGNATURE OF ACCEPTANCE: By the signature hereon affixed, the proposer hereby certifies that neither the proposer nor the entity represented by the proposer, or anyone acting for such entity has violated the antitrust laws of the State of Texas, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, prior to the submission opening with any competitor or any other person engaged in such line of business.

The below signature also indicates the following:

• Person or person’s interest in this submission as principals are those named herein.

16 | P a g e

• I (we) have carefully examined the advertisement and contents within the submission.

• The proposer is acknowledging the Conflict of Interest Clause and agrees to follow necessary requirements.

• The proposer confirms that they have read this entire submission document and agrees to the terms stated herein.

• In the event that the submission is awarded to more than one supplier, the proposer signing this submission agrees.

that the prices submitted within this submission will not be changed.

• Addenda _____ through _____ have been considered as part of this submission.

The undersigned, by their signature, represent that they are authorized to bind the proposer to fully comply with the terms and conditions of the attached Invitation for Submission, specifications, and special provisions stated herein for the amount(s) shown on the accompanying submission form.

Full Legal Name of Company

Address

City, State, Zip

Phone Number

Fax Number

After Hours Phone or Cell Phone Number

Email Address

Tax Identification Number

Signature of Authorized Agent

Printed Name of Authorized Agent

Title

Date

DO NOT SIGN OR SUBMIT WITHOUT READING THE ENTIRE DOCUMENT

THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED WITH SUBMISSION

COOPERATIVE PURCHASES: Will the proposer permit other government entities to purchase additional services at submitted submission prices listed in this contract, if awarded, under the same terms and conditions?

______YES _______NO

Information pertaining to cooperative purchases is found in the Texas Government Code Title 7 Intergovernmental Relations, Chapter 791, Interlocal Cooperative Contracts.

*PLEASE ATTACH A COPY OF YOUR W-9 FORM FILLED OUT (Form is also included, as EXHIBIT A)

Fillable W-9 Forms are available online at: http://www.irs.gov/pub/irs-pdf/fw9.pdf

Remit to address (if different from above):

Address #1: ____________________________________________________________

Address #2: _____________________________________________________________ http://www.irs.gov/pub/irs-pdf/fw9.pdf

17 | P a g e

City/State/Zip: __________________________________________________________ Phone#: _______________________________________________________________

Fax Number: ____________________________________________________________ Contact Person: __________________________________________________________

Page | 18

EXHIBIT A

Page | 19

EXHIBIT B

Texas Public Information Act Steps to Assert Information Confidential or Proprietary

All Qualifications or submissions, data, and information submitted to Temple College are subject to release under the Texas Public Information Act (“Act”) unless exempt from release under the Act. You are not encouraged to submit data and/or information that you consider to be confidential or proprietary unless it is absolutely required to understand and evaluate your submission.

On each page where confidential or proprietary information appears, you must label the confidential or proprietary information. Do not label every page of your submission as confidential as there are pages (such as the certification forms and submission sheet with pricing) that are not confidential. It is recommended that each page that contains either confidential or proprietary information be printed on colored paper (such as yellow or pink paper). At a minimum, the pages where the confidential information appears should be labeled and the information you consider confidential or proprietary clearly marked.

Failure to label the actual pages on which information considered confidential appears will be considered a waiver of confidential or proprietary rights in the information.

In the event a request for public information is filed with the College which involves your submission, you will be notified by the College of the request so that you have an opportunity to present your reasons for claims of confidentiality to the Texas Attorney General.

In signing this form, I acknowledge that I have read the above and further state:

□ The submission/submission submitted to the College contains NO confidential information and may be released to the public if required under the Texas Public Information Act.

□ The submission/submission submitted contains confidential information which is labeled and which may be found on the following pages:

and any information contained on page numbers not listed above may be released to the public if required under the Texas Public Information Act.

Proposer Submitting: __________________________________________

Signature: ________________________________ Date: ____________________

Print Name: ____________________________ Print Title: __________________

Page | 20

EXHIBIT C

TEMPLE COLLEGE

CONFLICT OF INTEREST STATEMENT

INSTRUCTIONS FOR CONFLICTS OF INTEREST QUESTIONNAIRE

H.B. 914, passed during the 2005 Texas legislative session, as amended by H.B. 1491 passed in 2007, requires certain persons who wish to conduct business or be considered for business with a College to file a “conflict of interest questionnaire.” The Texas Ethics Commission (TEC) created the conflict of interest questionnaire (FORM CIQ). These laws are codified in Chap. 176 of the Texas Local Government Code.

What firms/persons are subject to Chapter 176?

The word “person” includes a partnership, corporation, or other corporate body, including those performing professional services. Such partnerships or corporations act through individuals, but it is the partnership or corporation that would be seeking to do business with the College.

• Any “person” who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity

• An agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity

• A firm shall file a completed conflict of interest questionnaire if the person has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with an officer of that local governmental entity, or a family member of the officer that results in taxable income exceeding $2,500 during the 12-month period preceding the date a contract is executed or a contract is being considered; or

(2) has given an officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value of more than $250 in the 12-month period preceding the date a contract is executed or a contract is being considered.

What triggers the requirement to file a “conflict of interest questionnaire”?

When a person begins (1) contract discussions or negotiations with the College or (2) submits an application, response to request for qualifications or submissions, correspondence, or writing related to a potential agreement, Form CIQ must be completed. Whether the person initiates the discussion or the College initiates the discussions, Form CIQ must be completed. Even if the firm has no affiliation or business relationship with an officer or employee of the College, Form CIQ must be completed and submitted.

To what type of contracts does the bill apply?

Any written contract and any implied contract, such as purchase orders, procurement card purchases, utility purchases, or any exchange of money or other consideration for some service or property. The monetary amount or value of the contract/purchase does not matter.

When must a firm file the conflict of interest questionnaire?

No later than seven days after the date the person: (a) begins contract discussions or negotiations with the College, or (b) submits an application or response to a request for qualifications or submissions, correspondence, or another writing related to a potential agreement with a College, or (c) becomes aware

Page | 21 of an employment relationship with a local government officer or family member of the officer, or (d) becomes aware of a qualifying gift.

What has to be revealed?

Section 176.006 requires disclosure of a person’s employment or business relationships. This includes each employment or business relationship with a corporation or other business entity with respect to which a local government officer services as an officer or director or holds an ownership interest of 10% or more.

How do I go about filling out the Conflict of Interest Questionnaire form?

Each number below corresponds with the number on FORM CIQ:

1. Fill in the full name of the person who is trying to do business with the College. If the person is a corporation, partnership, etc., then it is the name of that corporation, partnership, etc., that is required on Form CIQ.

2. Check the box if the form is an update to a form previously completed. Updates are required by the 7th business day after an event that makes a statement in a previously filed questionnaire incomplete or inaccurate. Updates are also required by September 1 of each year in which the person submits a submission, submission, or response to the College or begins contract discussions or negotiations with the College.

3. Complete this Section by listing the name of the local government officer (member of the College Board of Trustees and/or the College President) with whom there is an affiliation to or business relationship and you checked the “Yes” box in Section 3 A, B, or C.

If there is more than one local government officer (College Council or College Manager) with whom there is an affiliation or business relationship, more than one page or two may be needed to provide information on each local government officer.

4. State whether the local government officer named on the form receives or is likely to receive taxable income, other than investment income, from the firm filing the questionnaire.

5. State whether the filer receives or is likely to receive taxable income, other than investment income, from or at the direction of the local government officer named on the form, AND the taxable income is not received from the local governmental entity.

6. State whether the filer is employed by a corporation or other business entity with which the local government officer serves as an officer or director or holds an ownership interest of 10% or more.

7. Describe each employment or business relationship with…