ESBD_File_332095_RFP-WT23-005 Automated Teller Machine and Services.pdf

WEST TEXAS A&M UNIVERSITY

PROCUREMENT SERVICES & HUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

RFP-WT23-005

Automated Teller Machine and Services

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 PM Central Time, September 7, 2023

MAIL PROPOSAL TO:

West Texas A&M University Procurment Department

Attn: Bryon McCafferty, Director of Purchasing and Contracts

WT Box 61001 Canyon, TX 79016

HAND DELIVER AND/OR EXPRESS MAIL TO:

Procurement Department

Attn: Bryon McCafferty, Director of Purchasing and Contracts

2403 Russell Long Blvd, Canyon TX 79015

Show RFP Number, Opening Date and Time on Return Envelope

Proposal must be received in the West Texas A&M University Procurement office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

All proporsals shall become the property of West Texas A&M University and the state of Texas upon receipt.

Proposals may be subjext to public review after contracts have been executed.

REFER ALL INQUIRIES TO:

Bryon McCafferty, Director of Purchasing and Contracts

Procurement Departmnet 806-651-2111

Email: bmccafferty@wtamu.edu

Contents

SECTION 1

GENERAL

1.1 Scope

1.2 History

1.3 Mission:

1.4 Performance Period

1.5 Pre-Proposal Conference

SECTION 2

STATEMENT OF WORK

2.0 Scope

Specifications

SECTION 3

SELECTION PROCESS

3.1 Selection Process

3.4 QUALIFICATIONS AND EXPERIENCE:

3.5 COMPENSATION AND FEES: <35 PTS>

3.6 LITIGATION HISTORY: <P/F>

3.7 REFERENCES: <10 PTS>

INCLUDE A MINIMUM OF THREE (3) REFERENCES FROM CLIENTS FOR WHOM SIMILAR SERVICES WERE PERFORMED OR PRODUCTS WERE

PROVIDED

INCLUDE PROJECT DESCRIPTION, CONTACT NAMES, POSITION, COMPANY NAME, TELEPHONE NUMBER, AND EMAIL ADDRESS FOR EACH

REFERENCE

3.8 VALUE ADDED SERVICES: <10 PTS.>

3.9 RESPONSIVENESS: <10 PTS.>

3.10 PRODUCTS, SERVICES AND SOLUTIONS OFFERED: <10PTS.>

3.11 CONTRACTORS QUALIFICATIONS: <25 PTS>

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

4.2 Notice of WTAMU Holidays – Offices Closed

4.3 Submittal Instructions

4.4 Technical Contact

4.5 Proposal Content and Components

4.6 West Texas A&M University Contract

4.7 Inquiries and Interpretations

4.8 Terms and Conditions and Contract

4.9 Protest Procedures

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.2 Definitions

5.4 Acceptance of Goods and Services

5.5 Ownership of Deliverables

5.6 Invoicing

5.7 Payment

5.8 Reporting

5.9 Observance of University Rules and Regulations

5.10 Non-Disclosure

5.11 Publicity

5.12 License and Permits

5.13 Compliance with Law

5.14 Alcohol and Drug-Free Workplace

5.15 Force Majeure

SECTION 6

CONTRACTUAL REQUIREMENTS

6.1 Insurance

6.2 Public Information

6.3 Indemnification

6.4 Performance/Payment Bonds

6.5 Other Benefits

6.6 Dispute Resolution

6.7 Contract Administration

SECTION 7

KEY EVENTS SCHEDULE

ATTACHMENT A

EXECUTION OF OFFER

ATTACHMENT B

NON-COLLUSION AFFIDAVIT

ATTACHMENT C

FELONY CONVICTION NOTICE

ATTACHMENT D

INSURANCE REQUIREMENTS

ATTACHMENT E

DATA PROTECTION QUESTIONNAIRE

ATTACHMENT F

VPAT

ATTACHEMENT G

CONTRACTOR’S QUALIFICATION FORM

ATTACHMENT H

PAST PROJECTS WITH CORRESPONDING REFERENCES

ATTACHMENT I

PRICE SHEET

SECTION 1

GENERAL

1.1 Scope

West Texas A&M Universtiy (herein referred to as WTAMU) is soliciting proposals for an Automated Teller Machine provider to supply and service all ATM machines for university locations. WTAMU is an institution of higher education located in Canyon, TX. It is the intention of WTAMU to contract with a single company to provide these services for the WTAMU campus.

Vendor must have demonstrated competence in providing these services and must have the qualifications necessary to perform the services outlined in this Request for Proposal (RFP).

The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become a part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

1.2 History

The passage of a bill in early 1909 by the Thirty-first Texas Legislature authorizing the establishment of a State normal school for the education of teachers located somewhere "west of the ninety-eighth meridian" set off a spirited bidding war as some 25 west Texas cities and towns competed to secure the educational institution. On Sept. 9, 1909, the location committee, consisting of the speaker of the Texas House of Representatives, the lieutenant governor and the superintendent of public instruction, announced its decision. The location for the school, already named West Texas State Normal College, would be Canyon, a young community of 1,400 located near the center of the rapidly developing Texas Panhandle. Many factors were involved in the location decision, but a pledge of 40 acres of land and $100,100 in cash made Canyon's bid particularly attractive. Although not mentioned in the official report, the city's lack of saloons also strengthened its case. More information can be found at www.wtamu.edu.

1.3 Mission:

The mission of West Texas A&M University is to provide intellectually challenging, critically reflective, regionally-responsive, and inclusive academic programs that discover, interpret, apply, and disseminate knowledge for preparing the next generation of global citizens.

Vision Statement: Guided by its pioneering spirit, West Texas A&M University is recognized for its excellence in teaching and learning, and a strong focus on engaging students in experiences that aid in the development of skills, capabilities, and insights. Our vision is to become a Regional Research University responsive to the forces that shape who we are. Our distinctive focus on the people and places of the Panhandle region will be acknowledged throughout Texas, across the country, and around the world.

http://www.wtamu.edu/

Core Values: The core values of West Texas A&M University are reflective of, inspired by, responsive to the people we serve, regardless of background, family history, personal beliefs, or aspirations. The people of the plains, in towns and communities, on ranches and farms spend every day living out their commitment to family, faith, hard work, and service to neighbors—locally, regionally, and globally. From these same Panhandle values, grow WT’s core values:

Academic Freedom – We champion the free exchange of ideas.

Service – We put the needs of others first.

Pragmatism – We seek to apply what we learn for the betterment of our community.

Innovation – We embrace better ways to shape the future.

Respect – We treat others with dignity which flows from the humanity of each individual.

Engagement – We promote citizenship and being part of something larger than oneself. Contract

1.4 Performance Period

Initial Contract Term Services shall be for a period beginning date of award and shall expire on or before August 31, 2030.

Renewal Options: If applicable, at the end of the Initial Contract Term, the WTAMU reserves the right to extend the Initial Contract Term, by mutual agreement of both parties, as it deems to be in the best interest of WTAMU. The extension may be negotiated if renewal indications are provided within WTAMU’s timeframe which reflect renewal terms for the forthcoming policy year that are deemed by WTAMU to be competitive with current market conditions. However, WTAMU may terminate the contract at any time if funds are restricted, withdrawn, not approved, or if service is unsatisfactory. Any extension will be in twelve (12) month increments for up to an additional thirty-six (36) months, with the terms and conditions remaining the same. The total period of the contract, including all extensions will not exceed a maximum combined period of one hundred and twenty (120) months

1.5 Pre-Proposal Conference

There will be a Non-Mandatory Pre-Proposal Conference for this solicitation.

Date: August 22, 2023 Time: 10:00AM Central Time Location: WTAMU Campus Old Main Rm 120

Attendance at the one (1) scheduled pre-proposal conference is NOT mandatory. Successful Respondents are highly encouraged to attend as important information regarding proposal requirements and details of the projects may be discussed in detail. Please do not be late to the pre-proposal conference.

ESCORTED WTAMU FACILITY ACCESS:

Upon entering and leaving any WTAMU premises, Contractor’s service representative must contact and arrange an appointment with the Technical Contact.

TRAVEL TIME:

Travel time to and from job site is not reimbursable under this Contract.

TOBACCO USE:

Tobacco Free - Contractor personnel and subcontractors are prohibited from using tobacco or vape products while performing services under this contract.

If Contractor personnel or subcontractors are found intoxicated, using or in possession of any kind of illegal drug while on WTAMU premises or performing services under this contract, it may result in contract termination.

SECTION 2

STATEMENT OF WORK

2.0 Scope

The scope of work establishes the minimum requirements for providing ATM(s) and ATM services to WTAMU. The Contractor shall fully and timely provide all deliverables described herein in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local applicable laws, standards, rules, and regulations. Contractor shall provide all labor, materials, equipment, and mobilization to complete the services for WTAMU. Non-emergency scheduled work hours are 6 am to 6 pm, Monday through Friday, excluding WTAMU observed holidays. All approved emergency work requests will be scheduled accordingly by the WTAMU Contracts Administrator or designee.

Specifications

A. Verify the intended sites of ATM comply with all application Federal, State, and Local Laws, Ordinances, Rules, and Regulations, including without limitation, the American with Disabilities Act prior to installing the ATM at that site.

B. Installation of ATM(s), assuring it is operational and available for customers to perform transactions within thirty (30) calendar days from the Contract award.

C. Furnish indoor or covered outdoor freestanding self-contained ATM capable of communicating in English and Spanish. All units shall be easy for patrons to use and capable of upgrades for future enhancements.

D. Operate ATM(s) in accordance with all applicable Federal, State and Local laws, Ordinances, Rules, and Regulations. Successful Respondent must provide documentation from the Texas Department of Banking indicating whether Successful Respondent is required to be licensed and/or chartered and federally insured. If licensed, provide copy of license.

E. Provide, at a minimum, the following services at each ATM: cash withdrawals, credit card advances, transfers, and balance inquiries. The following types of cards should be accepted at each ATM: ATM credit card and Interbank access shall include a wide variety of networks such as Pulse, Plus, STAR, Cirrus, American Express, Visa, Discover, MasterCard, etc.

F. Furnish all needed supplies, data line, ATM equipment cleaning and services required for cash replenishment. Furnish related security at no cost to WTAMU.

G. Maintain all ATM(s) throughout the duration of the contract at no cost to WTAMU.

H. Furnish related security, balancing, and monthly reporting to WTAMU as required to successfully perform the services as interpreted by WTAMU.

I. Access and monitor machines and dispatch uniformed service personnel to perform necessary data line and ATM repairs or replacement. On-site maintenance shall be performed during normal work hours: 7:00 a.m. – 4:00 p.m., Monday – Friday except WTAMU holidays.

These hours are subject to change on a permanent basis with notice or may change on a temporary basis without notice at the discretion of WTAMU.

J. Ensure that all ATM personnel are in uniform, have photo identification prominently displayed, and report to Contract Administrator or designee before performing any work on the ATM. The uniform must not indicate that the staff is employed by WTAMU.

K. Successful Respondent shall be on-call at all times during WTAMU approved hours (see letter “I.” above). Successful Respondent shall respond within two (2) working hours to supply service and or repair non- operating equipment. Confirmation will be emailed to the Contract Administrator or designee upon completion of requested service or repair on the same day the work is completed.

L. If the ATM cannot be maintained in good operational condition and is in constant need of repair, the ATM must be replaced in a timely manner at no expense to WTAMU.

M. Successful Respondent shall furnish at its own expense any equipment, fixtures, communication services, insurance, etc. necessary for the operation and complete maintenance of the ATM to be installed at the locations listed in Attachment B – ATM Locations.

N. Share revenue generated by the transaction fee charged to the patrons with WTAMU as applicable.

O. Conspicuously display a tollfree phone number that ATM patrons can call to ask questions, report problems, or make complaints regarding the use or malfunctions of the ATM. All such complaints shall be investigated and resolved within five (5) calendar days.

P. Be solely responsible for the operation of the ATM with regards to cash availability and replenishment as well as the availability of the ATM with regards to maintenance, repair and replacement.

Q. Successful Respondent shall provide a comprehensive detailed proposal outlining the complete services to be provided with details such as:

a) Description of equipment to be provided

b) Schedule of delivery when services can be on-line after receipt of contract award

c) Cost of service to customer

d) Insurance coverage

e) Listing of current ATM locations

f) Details of methods and procedures that will be used to service the account to ensure cash availability

Goal

This method allows qualified respondents to submit a written proposal addressing pricing, qualifications, capacity to service the ATM machine(s) in WTAMU facilities, availability, approach, experience and additional factors that will be used to ensure successful accomplishment of the requirements set forth herein. WTAMU will review, compare, and evaluate responses based on the criteria and weights identified in this RFP.

It is WTAMU’s intent to establish a qualified contractor to provide ATM(s) and ATM services at various premises within WTAMU. WTAMU intends to use the established contract, while reserving the right to obtain service from other sources, if applicable, or perform the service in-house.

WTAMU currently has one (1) ATM machine.

PROGRAM EVALUATION:

WTAMU Contract Administrator or designee will continually evaluate the progress of this contract in terms of effectiveness and safety and will require such changes, as are necessary.

Contractor shall take prompt action to correct all identified deficiencies.

CHANGES TO SCOPE OF WORK:

WTAMU Contract Administrator or designee shall make changes within the scope of this contract at any point in time.

Any change must be implemented within 30 business days from the date of receipt by the Contractor of the notification.

WTAMU Contract Administrator or designee reserves the right, in its sole discretion, to add or delete service locations during the period covered by any resulting contract(s).

GENERAL REQUIREMENTS:

The Contractor shall be responsible for all ATM machine installations, maintain, operate and ATM machines at each of the specified locations mentioned in the scope of work.

The Contractor shall be responsible for all labor, materials, and transportation necessary to install, maintain, operate and service the ATM machines.

The Contractor shall obtain, maintain, and pay for all licenses, permits required by federal, state, and local codes.

The Contractor shall comply with all applicable state, federal laws and regulations and WTAMU policies.

OTHER REQUIREMENTS:

All proceeds from the ATM service, with the exception of WTAMU’s, Alternate 1 - percentage of the transaction fees, or Alternant 2 - annual lump sum in lieu of percentage of fees, will belong entirely to the Successful Respondent.

Signage may be permitted at the site that displays the Successful Respondent’s name and the names of the affiliated ATM networks. The Successful Respondent may place directional signage in the premises which directs the patrons to the ATM, upon approval from the Contract Administrator or designee. All signage shall be mutually agreed upon by both the Successful Respondent and WTAMU as applicable.

Neither party shall refer to the other party in advertising nor use the other party’s logo, trademarks, or service marks without the prior written consent of the other party; provided however, that the Successful Respondent shall be permitted to advertise the address of the ATM in a directory of all or a portion of the Successful Respondents ATM(s). Each party acknowledges that the other party’s logos, trademarks, and service marks, are the sole property of the other party.

From time to time, or as needed, both parties understand that the premises where an ATM is located may be renovated. In the event the premises are determined solely by WTAMU to be renovated, WTAMU will provide a minimum of ninety (90) calendar days’ notice to the Successful Respondent if the ATM must be relocated as a result of the renovation. The new location shall be comparable in foot traffic and visibility within the facility to the extent functionally possible as determined solely by WTAMU as applicable. The cost of any relocation shall be borne by the Successful Respondent. Currently, there are no plans for renovation at any of the buildings specified.

Should WTAMU, in its sole determination, decide to close the premises where an ATM is located, WTAMU will attempt to give 90 days’ notice, a minimum thirty (30) calendar days’ notice to the Successful Respondent. The Successful Respondent shall remove the ATM within ten (10) calendar days before such closing. All other ATM(s) placed, and their subsequent agreements, shall remain in full force and effect.

The parties acknowledge and agree that nothing contained in any agreement between WTAMU and the Successful Respondent shall be construed to establish WTAMU and the Successful Respondent as joint ventures or partners. Further, WTAMU is not in any manner representing it to be a bank or to be otherwise involved in the banking business.

WTAMU should not be responsible for any acts of third parties or any acts of God in relation to the ATM(s) located on WTAMU’s premises. This shall include, but not be limited to theft, vandalism or total loss due to fire.

PROPOSAL REQUIREMENTS:

Successful Respondents shall address each of the following specific criteria demonstrating that the proposal meets the minimum qualifications, requirements and the Successful Respondent understands the work to be performed. Proposal responses shall address, at a minimum, the following:

State in sufficient detail how WTAMU would share in transaction fee revenues generated by each ATM machine for both the initial contract term and also for the renewal term, if renewed.

The time required, in calendar days, from the date of Contract award until the ATM(s) are available for transactions to the public.

Provide a list of subcontractors, if any, to be used by your firm that includes the name of the firm, address, phone number and what services they will provide.

Provide a copy of any agreement your firm would require WTAMU to execute for the ATM contract. (The terms and conditions of this RFP shall prevail in the event there is a conflict in terms.)

Specify the make and model (including relative identification numbers) ATM to be furnished along with descriptive literature regarding the ATM proposed.

Successful Respondent will not sell, lease, lend, sub-contract, or in any way, convey any of the contracted ATM services to any other party.

Successful Respondent shall have been in business for more than two years.

Successful Respondent will have sufficient funds to keep ATM properly funded and in excellent working condition at all times. Respondent will remotely monitor ATM(s) daily and will not allow ATM(s) to be “Out of Service” due to lack of funds.

Successful Respondent will install machines which are new, or no more than five years old, and fully compliance with ADA requirements. ATM(s) will be kept clean by Successful Respondent, all lighting and signage in place and in good working order.

Successful Respondent will provide ATM(s) in designated locations, within 30 days of Contract award.

Successful Respondent will not bill WTAMU for any goods, services, or costs of any kind.

Successful Respondent will provide either a hard-wired phone line, or preferably an internet connection as needed to operate the ATM

SECTION 3

SELECTION PROCESS

3.1 Selection Process

The evaluation of the proposals shall be based on the information provided that the WTAMU deems to represent the best value to the WTAMU. The RFP provides the information necessary to prepare and submit proposals for consideration by the WTAMU. All properly submitted proposals will be reviewed, evaluated, and ranked by the WTAMU. The WTAMU will rank the RESPONDENTS in the order that they provide the overall “best value” to the WTAMU based on an evaluation of the responses to the RFP.

The WTAMU will base its choice on criteria to include but not limited to the following:

demonstrated competence, knowledge, and qualifications of the Respondent in respect to the Solution offered; as well as the capability of the Solution offered to include, but not be limited to, factors such as functionality and ease of use of the Solution; and on the reasonableness of the proposed fee for the Solution and related services.

The Respondent selected will be the one with the experience and qualifications, as presented in response to this RFP, establish them, in the opinion of WTAMU, as well qualified and offering the greatest benefits, experience and value to WTAMU. WTAMU may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should WTAMU determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

The most qualified Respondents as determined by WTAMU MAY BE REQUIRED to present the Solution proposed to the evaluation committee before the final selection.

Presentations/demonstrations may be presented on-site at a WTAMU location or virtually using webinar software. WTAMU will not provide compensation to Respondents for any expenses incurred by the Respondents for proposal preparation, evaluations or demonstrations that may be made.

Submission of proposals indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by WTAMU during the evaluation process.

The selection of the successful proposal may be made by WTAMU on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by WTAMU on the basis of negotiation with any of the Respondents. WTAMU shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

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

WTAMU may perform reference checks and seek further information, as needed from all Respondents whose proposals WTAMU, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes WTAMU to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to WTAMU and Respondent shall and hereby does release and hold harmless WTAMU, the state of Texas, and such organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

WTAMU reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive Respondent.

3.2 EVALUATION CRITERIA:

The Evaluation Committee will evaluate the proposals and rank them from the one most likely to the one least likely to meet the needs of WTAMU and satisfy the requirements of the RFP.

WTAMU may call for interviews to clarify information received in the proposal. In addition to interviews, or if the proposals are very closely ranked, WTAMU reserves the option to enter discussion on pricing and/or other portions of the proposal and may request Best and Final offers if it is determined to be in the best interest of WTAMU. However, offering firms are cautioned that WTAMU may proceed with an award based on information received in the original proposal and subsequent interviews without calling for additional discussions or Best and Final offers.

Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. Proposals submitted without all the required information will be consider non-responsive and may be rejected. WTAMU reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of WTAMU.

Evaluation of the proposal will be based on the following criteria. Specific weighting shall be used.

The following criteria are listed in order of greatest importance:

3.3 RESPONSE SHALL INCLUDE:

3.3.1.1 Attachment I – Contractor’s Qualification Form

3.3.1.2 Attachment J – Past Projects with Corresponding References

3.3.1.3 Attachment K – Price Sheet

3.4 QUALIFICATIONS AND EXPERIENCE:

Demonstrated ability to provide products and services including Past Performance and References.

Financial stability of the firm. Offeror is properly licensed/certified to provide products and services.

FINANCIAL DISCOSURE: History of company, including length of time company has been in business, certification, license,

3.5 COMPENSATION AND FEES: <35 pts>

Successful Respondents may not add qualifications, conditions, exceptions, variations or additional items to the proposal, or otherwise modify the pricing structure of the RFP in any manner. Any such modifications will not be considered for evaluation, and may be cause for rejection of the proposal, at the full and sole discretion of WTAMU.

3.6 LITIGATION HISTORY: <P/F>

3.6.1 Provide details of all litigation history, including but not limited to administrative claims and proceedings and arbitration within the past five (5) years.

3.6.2 Successful Respondents involved in litigation, depending upon the circumstances of the litigation, may be disqualified at the sole discretion of WTAMU.

3.7 REFERENCES: <10 pts>

Include a minimum of three (3) references from clients for whom similar services were performed or products were provided.

Include project description, contact names, position, company name, telephone number, and email address for each reference.

3.8 VALUE ADDED SERVICES: <10 pts.>

Training and other services offered that add value to WTAMU utilizing the contract.

3.9 RESPONSIVENESS: <10 pts.>

Offeror’s overall responsiveness and ability to provide all information requested, comply with terms and conditions, and clearly stating and understanding the scope of work.

3.10 PRODUCTS, SERVICES AND SOLUTIONS OFFERED: <10pts.>

Overall range of products and ability to meet needs of WTAMU.

3.11 CONTRACTORS QUALIFICATIONS: <25 pts>

Attachment H – Past Projects, submit a minimum of three (3) and a maximum of five (5) projects completed, within the past five (5) years by your organization. List the projects in order of priority, with the most relevant project first.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by WTAMU in a sealed envelope or box prior to the date specified in the Schedule of Events with the bid number clearly marked on the outside.

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to the Respondent unopened. Telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of WTAMU Holidays – Offices Closed

WTAMU offices will be closed for the agency’s holidays. The current year’s holidays can be found at:

https://www.wtamu.edu/administration/human-resources-holidays.aspx

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails, and mailing or delivery of proposal responses.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

Submit one (1) original printed copy and one (1) “Jump Drive” Single File of the complete proposal is preferred but failure to submit will not result in disqualification of the proposal.

NOTE: All “Jump Drive” copies must either be in Microsoft Office Software or Adobe Portable Document Format (PDF). The original signature on ONE (1) hard copy will serve as the official signature of record for all CD copies.

Proposal response package (envelope/box/carton) must clearly indicate the Respondent’s company name and address, and the RFP number and opening date.

4.4 Technical Contact

Assistant Vice President for Facilities or Designee, WTAMU, 2401 Russell Long Blvd., Canyon, TX 79016 shall serve as the University’s Technical Contact with designated responsibility to ensure compliance with the requirements of the Contract and any ensuing agreement, such as but not limited to, acceptance, inspection, and delivery, together with the Purchasing Department. The Technical Contact, together with the Purchasing Department, will serve as liaison between WTAMU and the Successful Respondent.

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

https://www.wtamu.edu/administration/human-resources-holidays.aspx

4.5.2 Respondents are requested to submit a proposal that represents their best offer, as https://www.wtamu.edu/administration/human-resources-holidays.aspx does not anticipate utilization of the “Best and Final Offer” process.

4.5.3 Proposal text is to be typed single-spaced. All pages are to be on 8 ½ X 11-inch paper with all pages numbered sequentially and correspond with the table of contents.

4.5.4 The following information is to be returned as part of your proposal response.

Proposals submitted without this information will be evaluated accordingly

• Signed Execution of Offer

• Proposal response

• Felony Conviction Notification

• Non Collusion Affidavit

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing in accordance with the specifications

• Copies of all addenda that may be issued for the RFP signed by same authorized

Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

4.5.5 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the

RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management methodology – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In its response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to WTAMU over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

• Respondent shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of company, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

• Completed Voluntary Product Accessibility Template® (VPAT®) / Accessibility Conformance Report (ACR) if any technology or software is part of the solution. See Section 5 General Terms and Conditions, 5.3 Accessibility.

• Technology Questionnaire

4.6 West Texas A&M University Contract

Any questions or concerns regarding this Request for Proposal shall be directed in writing to:

Bryon McCafferty, Director of Purchasing and Contracts Email: bmccafferty@wtamu.edu

Phone: 806-651-2111

WTAMU specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individual.

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum to the contact identified in Item 4.6. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (http://www.txsmartbuy.com/sp) to check the website for any addenda for this RFP. All such addenda issued by WTAMU prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website as outlined in the Key Event Schedule.

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to WTAMU shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed in the contract example. No other form of contract will be utilized as a result of this RFP.

4.9 Protest Procedures

Any vendor wishing to challenge a purchase award made by the Department of Purchasing must make a written request to the Director of Purchasing & Contracts to review the http://www.txsmartbuy.com/sp Rikel, Randy We might need to run this through Lisa Cade – Accessibility.

Caid, Lisa M.

May want to include the RFP number in front of this sentence, meant to alert respondents to more details.

transaction. The request for review must be made within three working days of the notification of award.

The Director of Purchasing& Contracts will review the award and provide a written explanation of the decision to the vendor making the request. In the event that the Director of Purchasing & Contracts review discovers any significant deviation from the rules, the award may be changed their discretion. The vendor may appeal the decision, within three working days, to the Director of Purchasing & Contracts who will render a decision.

If the vendor does not agree with the decision of the Director of Purchasing & Contracts, the vendor may appeal to the Vice President of Business & Finance, whose decision will be final.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

TERMS AND CONDITIONS: WTAMU reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests. Any submittal which WTAMU determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. WTAMU reserves the right to award to the firm, or firms, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates WTAMU to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by WTAMU without penalty or obligation at any time prior to the signing of a contract.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by WTAMU Office of General Counsel are essential prior to the award of any resultant agreement. In the event the Respondent does not supply terms and conditions with their submittal, WTAMU terms and conditions will govern this transaction.

A. GOVERNING LAW: Respondent agrees that, in the event of a dispute, laws of the State of

Texas will prevail.

B. NON-DISCRIMINATION: The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status or disability protected by law. Such action shall include, but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondents certify that they will conform to the provisions of the federal Civil Rights Act of 1964, as amended.

C. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a state of qualification, the Respondents certify that they do not and will not, during the performance of any resultant agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

D. DEBARMENT STATUS: By submitting a proposal, Respondents certify that they are not currently debarred from submitting submittals on contracts nor are they an agent of any person or entity that is currently debarred from submitting bids on contracts.

E. INDEMNIFICATION AND HOLD HARMLESS: The Respondent shall defend, indemnify and hold harmless WTAMU, its officers, employees and agents, against any and all liability of whatever nature which may arise directly or indirectly by reason of the Respondent’s performance under any resultant agreement. The Respondent agrees to protect the State from claims involving infringement of patents or copyrights.

F. RESPONDENT LIABILITY: The Respondent will be liable for any associated costs of repairs for damage to buildings or other WTAMU property caused by the negligence of the Respondent’s employees.

G. EARLY TERMINATION: WTAMU shall have the right to terminate any resultant agreement with the Respondent without penalty after a (30) day written notice of termination to the Respondent under the following circumstances:

1. Default of Respondent It shall be considered a default whenever the Respondent shall:

(a) Disregard or violate material provisions of any resultant agreement documents or WTAMU instructions, or fail to execute the work according to the agreed upon schedule of completion and/or time of completion specified, including extensions thereof, or fail to reach agreed upon performance results.

(b) Declare bankruptcy, become insolvent, or assign company assets for the benefit of creditors.

2. Convenience of WTAMU Termination of any resultant agreement if construed by WTAMU to be in its best interest for serving the community and its students, faculty, and staff.

Note: Any contract cancellation notice shall not relieve the Respondent of the obligation to deliver and/or perform prior to the effective date of cancellation.

H. RESPONDENT PAYMENT/BILLING TERMS: Payment of invoices will be made thirty (30) days after receipt of a correct invoice and approval by the applicable department within

WTAMU.

I. CIVIL RIGHTS REQUIREMENTS: All Respondents must comply with applicable civil rights laws.

J. NON-COLLUSION CLAUSE: The Non-Collusion Affidavit found in APPENDIX B must be executed as a part of the Respondent’s submittal.

K. ENTIRE AGREEMENT: Any resultant agreement, when fully executed, shall supersede any and all prior and existing agreements, either oral or in writing, and will contain all the covenants and agreements between the parties with respect to the subject matter of any resultant agreement.

Any amendment or modification to any resultant agreement must be in writing and signed by the parties hereto.

L. SEVERABILITY: It is understood and agreed that if any part, term, or provision of any resultant agreement is by the courts held to be illegal or in conflict with any law of the State of Texas, the validity of the remaining portions or provisions shall be construed and enforced as if any resultant agreement did not contain the particular part, term, or provision held to be invalid.

M. MODIFICATION OF SERVICE: WTAMU reserves the right to modify the services during the course of any resultant agreement. Any changes in pricing and rates proposed by the Respondent resulting from such changes are subject to acceptance by WTAMU.

In the event prices and rates cannot be negotiated to the satisfaction of both parties, resultant agreement may be subject to competitive bidding based upon the new specifications.

N. PUBLICITY: Respondents must refrain from giving any reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcements, without specific written approval from WTAMU.

Information provided to Respondent by WTAMU, including but not limited to information from the members, officers, agents, or employees of The Texas A&M University System or any of its members, and information provided to Respondent by members of the public or any other third party shall belong to WTAMU.

O. INDEPENDENT CONTRACTOR: The successful Respondent agrees that in all respects its relationship with WTAMU will be that of an independent contractor, and that it will not act or represent that it is acting as an agent of WTAMU or incur any obligation on the part of WTAMU without written authority of WTAMU. As an independent contractor, Respondent will be solely responsible for determining the means and methods for performing the services described.

Respondent shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to, those of WTAMU relative to conduct on its premises.

P. CONFIDENTIALITY: In accordance with the Texas Public Information Act, Submittals could be subject to public review after any resultant agreements have been executed. Respondents responding to this submittal are cautioned not to include any proprietary information as part of their submittal unless such proprietary information is carefully identified as such in writing.

Information created, derived, or otherwise produced by Respondent shall remain the exclusive property of Respondent. Respondent acknowledges any final report or papers will be provided in accordance with this Agreement, and that any information contained in any report or papers, which Respondent believes is confidential under Texas law will be clearly designated as such by Respondent. In the event WTAMU receives a request for public information for any portion of any final report or papers that have been designated by Respondent to be confidential, WTAMU will provide notice to Respondent and Respondent may submit a brief to the Office of the Attorney General, as provided by Chapter 552, Texas Government Code.

Q. PUBLIC INFORMATION ACT:

(a) R. Respondent acknowledges that WTAMU is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this RFP, as well as any other disclosure of information required by applicable Texas law.

(b) Upon WTAMU’s written request, Respondent will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of WTAMU.

(c) Respondent acknowledges that WTAMU may be required to post a copy of the fully executed Agreement as a result of this RFP on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

(d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to any resultant agreement and the Respondent agrees that the resultant agreement can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

R. OWNERSHIP OF DOCUMENTS: Upon completion or termination of any resultant agreement, all documents prepared by the Respondent for the benefit of WTAMU shall become the property of WTAMU. At WTAMU’ option, such documents will be delivered to WTAMU Procurement Office. WTAMU acknowledges that the documents are prepared only for the contracted services specified. Prior to completion of the contracted services, WTAMU shall have a recognized proprietary interest in the work product of the Respondent.

S. SUBCONTRACTING: No subcontract or third party personnel will be permitted to perform services described herein, without the written consent of WTAMU. Upon written request, the Respondent shall provide copies of all applicable licenses and other written approvals, which may be held by its subcontractors in order to perform the services described herein.

The Respondent shall be fully responsible for all work performed under any resultant agreement from this RFP. The Respondent shall describe who will be, if any, subcontractor(s) for the resultant agreement. No subcontract, which the Respondent entered into with respect to performance under any resultant agreement, shall in any way relieve the Respondent of any responsibility for the performance of its duties under the terms of the resultant agreement. The Respondent shall notify the agency in writing of any changes in subcontracting.

T. DISPUTE RESOLUTION: The resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by WTAMU and Respondent to attempt to resolve any claim for breach of contract made by Respondent that cannot be resolved in the ordinary course of business. Respondent shall submit written notice of a claim of breach of contract under this Chapter to theVice President for Business & Finance, who shall examine Respondent’s claim and any counterclaim and negotiate with Respondent in an effort to resolve the claim.

U. VENUE: Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against

WTAMU shall be in the county in which the primary office of the chief executive officer of WTAMU is located.

V. STATE AUDITOR’S OFFICE: Respondent understands that acceptance of funds under this

Agreement constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency…