ESBD_File_337589_717-24-703 RFP for Texas Southern University MEP Service1.pdf

Procurement Services - Purchasing

Request for Proposals for

Texas Southern University MEP Services

RFP # 717-24-703

Your proposal response must be in the Purchasing Office no later than

3:00 p.m. Central time, on Tuesday, October 17, 2023 (Proposals received after the date and time specified will not be accepted)

Proposals must be received prior to the deadline at this address, and clearly marked:

http://www.tsu.edu/default.php

Request for Proposal for MEP Service| 2

Section 1 - General Information & Requirements

1.1 General Information

1.2 Contract Term

1.3 Clarifications and

Interpretations

1.4 Submission of Proposals

1.5 Point of Contact

1.6 Communication Restrictions

1.7 Owner’s Reservation of Right

1.8 Acceptance of Evaluation

Methodology

1.9 No Reimbursement for Costs

1.10 Pre-Submittal Conference

1.11 Eligible Offerors

1.12 Historically Underutilized

Businesses Submittal

Requirements

1.13 Sales and Use Taxes

1.14 Certification of Franchise Tax

Status

1.15 Prevailing Minimum Wage

Rate Determination

1.16 Required Notice of Workers

Compensation Insurance

Coverage

1.17 Disclosure of Interested

Parties Statute

1.18 State Registration of

Architecture Firms

1.19 State Registration of

Engineering Firms

1.20 Vendor Performance

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Scope of Work

2.4 Projects Planning Schedule

2.5 Criteria and Weighted/Value

Section 3 - Requirements for Statement of Proposals

3.1 Offeror’s Background /

Overview of the Firm

3.2 Offeror’s Experience &

Qualifications

3.3 Offeror’s Firm’s Performance on Past

Projects

3.4 Offeror’s Pricing

3.5 Offeror’s Safety Record

Section 4 - Format for Statement of Proposals

4.1 General Instructions

4.2 Page Size, Binding, Dividers, and Tabs

4.3 Table of Contents

4.4 Pagination

Section 5 – Execution of Proposals and Attachments

5.1 Execution of Proposal and Attachments

5.2 Policy of Utilization of Historically Underutilized Business (HUB)

5.3 House Bill 1295 (Certificate of Interested Parties)

SECTION 1 - GENERAL INFORMATION

1.1 SCOPE. The State of Texas, by and through Texas Southern University (TSU), seeks sealed Proposals to establish a contract with a qualified company(s) that can provide a

Mechanical, Electrical & Plumbing (MEP) services for the university, in accordance with the specifications and requirements contained in this Request for Proposal (RFP).

1.2 CONTRACT TERM. The base contract term shall be for two (2) years, beginning on the effective date of the Agreement. The contract may be renewed for up to two (2) additional one (1) year renewal terms. Notice of renewal will be issued in writing approximately thirty (30) days prior to the end of the current performance period. The maximum duration of the contract, including the exercise of optional renewals, shall not exceed five (5) consecutive years unless mutually determined otherwise.

1.3 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this RFP that materially affect or change its requirements will be posted by the Owner as an addendum on the Electronic State Business Daily (ESBD) website at https://www.txsmartbuy.com/esbd. It is the responsibility of all offerors to obtain this information in a timely manner. All such addenda issued by the Owner before the proposals are due as part of the RFP, and respondents shall acknowledge receipt of and incorporate each addendum in its Proposals.

1.3.1 All inquiries shall be submitted in writing (in Word format) via email to Mr.

Sceffers Ward at and procurement@tsu.edu by 12:00 noon Central time on Thursday, October 5, 2023; the date listed as the deadline for submission of questions as specified in Section 2.5 below.

1.3.2 Offerors shall consider only those clarifications and interpretations that the Owner issues by addenda five (5) business days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Proposals.

1.4 SUBMISSION OF PROPOSALS:

1.4.1 Deadline and Location: The Owner will receive Proposals at the time and location described below.

17th, October 2023, at 3:00pm

Physical Address for Courier Delivery:

Texas Southern University 3100 Cleburne Street Hannah Hall, Suite 333 Houston, Texas 77004 - 4598 ATTN: Mr. Sceffers Ward or https://www.txsmartbuy.com/esbd mailto:procurement@tsu.edu

TSU Post Office - Texas Southern University Post-Office. You may find the exact location for the Post Office (Bldg. #106_PO) on the campus map.

http://www.tsu.edu/about/campus/pdf/tsu-campus-map.pdf

The submittal s should be packaged tightly with a business card affixed. A TSU representative will be in place to monitor the deliveries the day of the closing. If you have any questions, please mail the Texas Southern University contact stated in the bid. Thank you for cooperating with this request.

1.4.2 Offeror must submit one (1) original and three (3) identical copies of the Proposals and one (1) PDF copy on a flash drive. An original signature must be included on the “Respondent’s Statement of Qualifications and Ability to Undertake the Project” document submitted with each copy.

1.4.3 Offeror must submit one (1) original and one (1) copy of the HUB Subcontracting Plan (“HSP”) as separate attachments to the Proposals as described in Section 5.2.

1.4.4 LATE PROPOSALS WILL NOT BE ACCEPTED.

1.4.5 The Owner will not acknowledge or receive Proposals that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.4.6 Properly submitted Proposals will not be returned to offerors.

1.4.7 Proposals materials must be enclosed in a sealed envelope (box or container) addressed to the Point of Contact person; the package must clearly identify the submittal deadline, the RFP number, and the name and return address of the offeror.

1.5 POINT OF CONTACT: The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding terms and conditions, to the Point-of-Contact person.

Mr. Sceffers Ward, Director of Purchasing Texas Southern University 3100 Cleburne Street Houston, TX 77004 713-313-7887 E-mail: procurement@tsu.edu

1.6 COMMUNICATION RESTRICTIONS: Offerors may communicate only with the Point of Contact and no other person regarding this RFP or concerning matters related to it.

Failure to comply with these requirements and communications with other than the Point of Contact may result in disqualification of a response.

1.7 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to reject any and all Proposals and re-solicit for new Proposals. The Owner makes no representations, written or oral, that it will enter into any form of agreement with any offeror to this RFP for the Project, and no such representation is intended or should be construed by the issuance of this RFP.

http://www.tsu.edu/about/campus/pdf/tsu-campus-map.pdf mailto:procurement@tsu.edu

1.7.1 Offeror understands and agrees that this RFP and any subsequent contract ensuing from this solicitation is contingent upon the approval by the Owner and/or Texas Southern University’s Board of Regents. Offeror understands and agrees that Owner has made no representation, written or oral, that any such approvals will be obtained. If any such approvals are not obtained, offeror understands and agrees that this RFP and any subsequent agreement ensuing from this solicitation will be null, void, and of no effect.

COMMODITY CODE

The NIGP / State of Texas commodity codes for this solicitation: 785-92 and 914-00

1.8 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposal in response to this RFP, offeror accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

1.9 NO REIMBURSEMENT FOR COSTS: Offeror acknowledges and accepts that any costs incurred from its participation in this RFP process shall be at the sole risk, expense, and responsibility of the offeror.

1.10 PRE-SUBMITTAL CONFERENCE / WALKTHROUGH: There will be no Pre-submittal / Walkthrough Conference held

1.11 ELIGIBLE OFFERORS: Only individual firms or lawfully formed business organizations may apply (This does not preclude an offeror from using consultants.) The Owner will contract only with the individual firm or formal organization/partnership that submits a Proposal.

1.12 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of Texas Southern University to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (“HUB”) in all contracts. Accordingly, Texas Southern University has adopted Section 5.2 Policy on Utilization of Historically Underutilized Businesses. This policy applies to all contracts with an expected value of $100,000 or more. If Texas Southern University determines those subcontracting opportunities are probable, then a HUB subcontracting plan is a required element of the Proposal. Failure to submit a required HUB Subcontracting plan will result in rejection of the Proposal.

1.12.1 Statement of Probability: Owner has determined that subcontracting opportunities are probable in connection with this procurement solicitation.

Therefore, an HSP is required as a part of an offeror's Proposal.

1.12.2 The HUB Subcontracting goal for the RFP is 30% participation. Offerors are expected to make a good faith effort to meet this goal. The HSP may be prepared by the Offeror with all of the sub-consultants.

1.12.3 Refer to the Owner’s Policy on the Utilization of Historically Underutilized Businesses (“HUB Policy”), for a detailed list of attachments required with the Proposal.

1.12.4 The “Statement of Probability” determines the probability for subcontracting opportunities. This determination will clarify which statements, detailed in Figure 1, will be required to be completed and returned.

1.12.5 For information regarding Texas Southern University’s HUB Program and HUB Subcontracting opportunities, please contact Mr. Sceffers Ward, HUB Coordinator, sceffers.ward@tsu.edu.

mailto:sceffers.ward@tsu.edu

The Hub Sub-Contracting Plan may be located at the following link:

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

1.13 SALES AND USE TAXES: Section 151.311, Tax Code, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include Texas Southern University. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is “necessary and essential for the performance of the contract” and “completely consumed at the job site.” In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if “the contract expressly requires the specific service to be provided or purchased by the person performing the contract” or “the service is integral to the performance of the contract.”

It is the responsibility of the Offeror to incorporate allowable tax savings into its Proposal.

1.14 CERTIFICATION OF FRANCHISE TAX STATUS: Offerors are advised that if successful it will be required to submit certification that it is not delinquent in the payment of any franchise tax status due under Chapter 171 of the Texas Tax Code, or that it is exempt from the payment of such taxes, or that it is an out-of-state legal entity and not subject to the Texas Franchise Tax, whichever is applicable. The Offeror further agrees that each subcontractor and supplier under contract will also provide an appropriate certification of franchise tax status.

1.15 PREVAILING MINIMUM WAGE RATE DETERMINATION: Offerors are advised that the

Texas Prevailing Wage Law applies to this Project will be administered in accordance with the policies and procedures set forth in Texas Southern University’s document, entitled “Prevailing Wage Guidelines.” A copy is attached to the Special Conditions.

1.16 REQUIRED NOTICES OF WORKERS’ COMPENSATION INSURANCE COVERAGE:

Section 406.096, Texas Labor Code, and the rules of the Texas Workers’ Compensation Commission, require workers’ compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity.

1.17 DISCLOSURE OF INTERESTED PARTIES STATUTE: In its proposal, Offerors must agree to comply with Section 2252.908, Texas Government Code (“Disclosure of Interested Parties Statute”) and 1 Texas Administration Code Sections 46.1 through 46.3 (“Disclosure of Interested Parties Regulations”) as implemented by the Texas Ethics Commission (“TEC”), including, among other things, providing the TEC and University with the information required by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties Regulations on the form promulgated by the TEC and set forth in APPENDIX EIGHT. The form will be required to be submitted to Owner prior to the countersigning of the final agreement and not submitted with this RFQ.

1.18 STATE REGISTRATION OF ARCHITECTURE FIRMS: Offerors are advised that the

Texas Board of Architectural Examiners requires that any firm or business entity providing architectural services to the public, other than a sole proprietor doing business under his/her name must annually register information regarding the firm or business entity with the Texas Board of Architectural Examiners. The Texas Board of Architectural Examiners. 333 Guadalupe Street, Suite 2-350, Austin, Texas 78701, telephone (512) https://comptroller.texas.gov/purchasing/vendor/hub/forms.php http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.908 https://www.ethics.state.tx.us/rules/adopted_Nov_2015.html#Ch46.1 https://www.ethics.state.tx.us/rules/adopted_Nov_2015.html#Ch46.1

305-9000, has jurisdiction over individuals licensed under the Architects’ Registration Law, Chapter 1051, Texas Occupations Code.

1.19 STATE REGISTRATION OF ENGINEERING FIRMS: Respondents are advised that the

Texas Board of Professional Engineers requires that any entity providing engineering services to the public must register with the Texas Board of Professional Engineers. An entity is defined as a sole proprietorship, firm, partnership, corporation, or joint stock association.

1.20 VENDOR PERFORMANCE: In accordance with Texas Government Code, 2155.074 and 2155.75, vendor performance may be used as a disqualification factor in the award.

Vendor performance information on the Controller of Public Accounts web site may be accessed at: http://www.window.state.tx.us/procurement/prog/vendor_performance/.

The Owner may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.108), the Owner may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, the Owner may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of the Owner, and any negative findings, as determined by the Owner, may result in non-award to the Offeror.

End of Section I http://www.window.state.tx.us/procurement/prog/vendor_performance/

SECTIONS 2 – UNIVERSITY BACKGROUND / SCOPE OF WORK

2.1 HISTORICAL BACKGROUND:

Texas Southern University is an elite, Carnegie R2 Institution, and proud to be the “Premiere Producer of Diversity for Building a Talent Strong Texas.” The University is one of the largest Historically Black Colleges / Universities (“HBCU”) in the nation and destined to become the first HBCU with the coveted “Carnegie R1” status.

Since its founding in 1927, TSU has evolved from its origins as a small junior college, into an elite, nationally competitive, and comprehensive HBCU. Texas Southern is proud to be one of 11 HBCU’s designated by The Carnegie Classification of Institutions of Higher Education as a Doctoral University of High Research Activity (R2). Situated on more than 150-acres in the heart of Houston’s historic Third Ward community, TSU is recognized not only for its research accolades but also its commitment to all facets of university life from academics to athletics. TSU currently offers more than 120 academic programs at the baccalaureate, master, doctoral, and professional levels offered within 11 colleges and schools.

As the institution celebrates 96 years of providing learners with social and upward mobility through education, it pays tribute to its rich past, celebrates its present state, and envisions its future.

Currently, Texas Southern University’s enrollment is approximately 8,000 students. The institution is currently finalizing a new strategic plan for the campus community. Preliminary strategies and goals contemplate the institution moving to 10,000 students by 2025 and 15,000 students in fall 2030.

Texas Southern University is committed to transforming lives and achieving unprecedented success at an accelerated pace. The Board of Regents, President, Administration, Faculty, and Staff live the mission of TSU everyday through their respective commitment to the students. Texas Southern University is PROUD to be the first public institution in Houston.

2.2 MISSION STATEMENT:

Texas Southern University is a comprehensive research, teaching, and public service institution whose mission is the advancement of knowledge and the pursuit of excellence. The University is committed to ensuring equality, by offering innovative programs that are responsive to its urban setting, and transforming diverse students into lifelong learners, engaged citizens, and creative leaders in their local, national, and global communities

2.3 SCOPE OF WORK

MECHANICAL, ELECTRICAL AND PLUMBING SERVICES (MEP)

Texas Southern University (“University”) and its facilities department are seeking to obtain fixed price proposals from firms to provide Mechanical, Electrical and Plumbing (MEP) services. MEP services shall be non-skilled and skilled labor and utilized on an as-needed basis. The University is seeking firm(s) who provide services primarily and very limited additional products or parts cost. The university intends to award contracts to more than one firm to ensure MEP service needs are met for its versatile work projects.

Firms meeting the requirements of this solicitation (“Selected Firms”) will be issued a Letter of Award and assigned a contract number for future reference. Any firm not a part of this original solicitation that meets the requirements as specified herein and vetted through the Facilities Department may be added at a future time at the sole discretion of the University. Firms do not need to possess experience in all categories to respond but should provide an overview of capabilities in the response.

Please note the University makes no guaranteed the minimum amount of purchase or future business with the issuance of a Letter of Award. MEP services may range from one day to indefinite. University may but is not required to seek competition. Specific project requirements will be provided by the Facilities Department and the time services are needed. In response, Selected Firm(s) will submit a detailed statement of work and price quotation prior to project. Selected Firms will then be provided with a University Purchase Order for each individual project.

Firms responding to this RFP agree to all terms and conditions listed in the attached Master Services Agreement. Only submittals with a signed Master Service Agreement will be considered for award. Any exceptions taken or additions to the terms presented herein may cause the firm’s response to be deemed non-responsive.

2.4 PROJECT PLANNING SCHEDULE: The Owner anticipates completion of the following key Project planning schedule milestones:

EVENT DATE

Issue RFP / ESBD Posting Date September 22, 2023 Pre-Bid Meeting / Walkthrough N/A Deadline for Submission of Questions October 5, 2023 RFP Submission October 17, 2023

2.5 CRITERIA AND WEIGHT/VALUE: Qualifications will be evaluated and ranked in accordance with the following criterion for each building:

Category Value

CRITERION 1: Background / Overview of the Firm 20

CRITERION 2: Experience & Qualifications 30

CRITERION 3: Firm’s Performance on Past Projects 10

CRITERION 4: Pricing 20

CRITERION 5: Safety Record 20

Total of Weighted Value 100

End of Section II

SECTION 3 - CRITERIA

3.1 CRITERIA

Respondents are expected to submit a Proposal that considers and is responsive to the terms and conditions, specifications, scope of services, requirements, etc.; as well as the evaluation criteria set out in this document. The criteria in which your response will be evaluated are as follows:

Criterion 1 – Background / Overview of the Firm Criterion 2 – Experience& Qualifications Criterion 3 – Firm’s Performance on Past Projects Criterion 4 – Pricing Criterion 5 – Safety Record

3.2 CRITERION 1: Background / Overview of the Firm

1. Provide a brief yet thorough description of your firm, including the total number of supporting personnel related to providing the services of the type and kind required in this RFP.

2. Describe the firm, date founded, size of firm, location of home office and number of years in business under current name.

3. Provide a detailed list of clients (beginning with colleges and universities) where your firm has provided services of the type, size and kind required in this RFP during the past five years, preferably in this climate zone. Please provide contact information for each entity, especially the email address of the correct person who can answer our reference check.

4. Provide resumes and bios of the Respondent’s Team that will be directly involved in the Project, including their experience with similar project(s).

Include as applicable: Project Managers, Superintendents, Quality Control Inspectors, Safety Coordinator and Labor Forman, etc.

5. Please show all national and/or professional certifications, memberships, awards, etc.

6. Provide the proposed Project assignments and lines of authority and communication for any Team member to be directly involved with the Project. Indicate the estimated percent of time these team members will be involved in the Structural Services. Should be in both graphic and written form.

3.3 CRITERION 2: Experience& Qualifications of the Firm

1. Provide firm’s overall ability in providing the services required in this solicitation

2. Provide a detailed list of clients (beginning with colleges and universities) where your firm has provided services of the type, size and kind required in this RFP during the past five years, preferably in this climate zone. Please provide contact information for each entity, especially the email address of the correct person who can answer our reference check.

3. Provide resumes and bios of the Respondent’s Team that will be directly involved in the Project, including their experience with similar project(s).

Include as applicable: Project Managers, Superintendents, Quality Control Inspectors, Safety Coordinator and Labor Forman, etc.

4. Please show all national and/or professional certifications, memberships, awards, etc.

5. Capabilities and Capacity: Respondent shall clearly define its in-house capability and capacity to perform the work identified in the Scope of Work of this RFP.

Your response must describe the various technologies, tools, methods, and technical expertise that you will provide to Texas Southern University and/or that will be used in the delivery of the scope and how that will be of benefit in the delivery of approach to Texas Southern University.

3.4 CRITERION 3: Performance on Past Projects

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

• Project name, location, and description

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

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

3.5 CRITERION 4: Pricing

1. For the purposes of this RFP, Texas Southern University will review the overall rate structure to evaluate its reasonableness for the anticipated work. Failure to fully disclose any fees or cost and to comply with the requirements herein may be cause for Texas Southern University to reject, as non-compliant, a proposal from further consideration

2. Firms shall provide pricing for each MEP Service which they are qualified. The pricing shall be an hourly rate and be inclusive of all cost to the University.

3. Please provide an itemized breakdown of all costs you will charge the University.

Please thoroughly list all costs to the University for the commodities and/or capabilities requested in the RFP.

3.5 CRITERION 5: Safety Record

1. Describe your organization’s safety program and provide your worker’s compensation experience modification factor. List any safety awards your organization has received within the past five (5) years.

End of Section III

SECTION 4 - FORMAT FOR STATEMENT OF PROPOSAL

4.1 GENERAL INSTRUCTIONS:

4.1.1 Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the Offeror’s ability to meet the requirements of this RFP. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner’s needs.

4.1.2 Proposals shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES. Also, all information submitted must be placed on a flash capable of hold all information.

No password, encrypted flash drives. The cover, table of contents, divider sheets, HUB Subcontracting Plan, and Execution of Offer do not count as printed pages. Each bound copy must be in the following order:

• Cover;

• Cover Letter;

• Table of Contents;

• Criteria One: Qualifications and Experience of the Firm

• Criteria Two: Approach and Methodology

• Criteria Three: Detailed Timetable and Scheduled Events

• Criteria Four: Cost Proposal

• Criteria Five: Safety Record

• Execution of Proposal

• Form 1295 Interested Parties

• HUB Subcontracting Plan (HSP)

4.1.3 Hub Subcontracting Plan (HSP) Submittal Requirements: It is the policy of Texas Southern University to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts.

Accordingly, the Owner has adopted HSP, Refer to website for link to Policy on Utilization of Historically Underutilized Businesses at:

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/.

4.1.3.1 HUB Achievement Form

4.1.3.2 NOTE: The HUB Policy applies to all contracts with an expected value of $100,000 or more and the HUB Subcontracting Plan is a required element of this request for proposal. Failure to submit a required HUB Subcontracting Plan will result in the disqualification of your RFP response.

** A State of Texas HUB plan is required for this solicitation.

4.1.4 Offerors shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed.

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

4.1.5 Qualifications and any other information submitted by offerors in response to this RFP shall become the property of the Owner.

4.1.6 Qualifications that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

4.1.7 The Owner makes no representations of any kind that an award will be made as a result of this RFP. The Owner reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner’s best interest.

4.1.8 Qualifications shall consist of answers to questions identified in Section 3 of the RFP. It is not necessary to repeat the question in the Proposals;

however, it is essential to reference the question number with the corresponding answer. Separate each section of your proposal by use of a divider sheet with an integral tab for ready reference. Identify the tabs in accordance with the parts under Section, which is to be consistent with the Table of Contents. TAB IDENTIFICATION BY NUMBERS ONLY IS NOT

ACCEPTABLE.

4.1.9 Failure to comply with all requirements contained in this RFQ may result in the rejection of the Qualifications.

4.2 PAGE SIZE, BINDING, DIVIDERS, AND TABS:

4.2.1 Proposals shall be printed on letter-size (8-1/2” x 11”) paper and assembled with spiral-type bindings or staples. DO NOT USE METAL-RING HARD

COVER BINDERS.

4.2.2 Additional attachments shall NOT be included with the Proposals. Only the responses provided by the Offeror to the questions identified in Section 3 of this RFP will be used by the Owner for evaluation.

4.2.3 Separate and identify each criteria response to Section 3 of this RFP by use of a divider sheet with an integral tab for ready reference.

4.3. TABLE OF CONTENTS:

4.3.1 Submittals shall include a “Table of Contents” and give page numbers for each part the Proposals.

4.4 PAGINATION:

4.4.1 Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the Offeror is not required to number the pages of the HUB Subcontracting Plan.

4.4.2 TSU will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type in at least 14-point font.

End of Section IV

SECTION 5 – EXECUTION OF PROPOSAL AND ATTACHMENTS

5.1 EXECUTION OF PROPOSAL:

EXHIBIT A

EXECUTION OF PROPOSAL

NOTE: THIS EXHIBIT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS

THAT DO NOT INCLUDE THIS EXHIBIT WILL BE DISQUALIFIED. THE PROPOSAL SHALL BE

VOID IF FALSE STATEMENTS ARE CONTAINED IN THIS EXHIBIT.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate.

Respondent has not given, proposed to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

Neither Respondent nor the Respondent, corporation, partnership, or institution represented by

Respondent or anyone acting for such Respondent, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP.

When a Texas business address shown hereon that address is, in fact, the legal business address of

Respondent and Respondent qualifies as a Texas Resident Bidder under Texas Administrative Code, Title

34, Part 1, Chapter 20.

Under Government Code § 2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent’s Proposal. If Respondent is not eligible, then any contract resulting from this RFP shall be immediately terminated. Furthermore, under Section 2155.004, Government Code, the vendor/respondent certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate.

Under Family Code § 231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated, and payment withheld if this certification is inaccurate.

Any Proposal submitted under this RFP shall contain the names and social security numbers of person or entity holding at least a twenty-five percent (25%) ownership interest in the business entity submitting the

Proposal.

Name:

Social Security Number:

Under Government Code § 669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the TSU) or any other state agency, was involved with or has any interest in this Proposal or any contract resulting from this RFP. If Respondent employs or has used the services of a former executive head of TSU or other state agency, then Respondent shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position with Respondent, and date of employment with Respondent.

Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

TSU is federally mandated to adhere to the directions provided in the President’s Executive Order (EO)

13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With

Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross referencing respondents/vendors with the Federal General

Services Administration’s Excluded Parties List System (EPLS), http://www.epls.gov, which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National

(SDN) list.

Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of

Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov.

Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been:

(1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after

September 24, 2005; or

(2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas

Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

Pursuant to Section 2262.003 of the Texas Government Code, the state auditor may conduct an audit or an investigation of the vendor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the

Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

ANTI-BOYCOTT ISRAEL VERIFICATION

The Respondent represents that, to the extent this Solicitation constitutes a contract for goods or services within the meaning of Section 2270.002 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2270 of the Texas Government Code, and subject to applicable Federal law, Respondent (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.

The term “boycott Israel” as used in this paragraph has the meaning assigned to it in Section 808.001 of the Texas Government Code, as amended.

through anyone staffing company does not exceed 40 hours per week.

Offeror represents and warrants that the individual signing this Execution of Qualification is authorized to sign this document on behalf of Offeror and to bind Offeror under any future contract resulting from this RFQ.

PREFERENCES

See Section 2.38 of the State of Texas Procurement Manual regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.38

( ) Supplies, materials or equipment produced in TX or offered by TX bidder or TX bidder that is owned by a service-disabled veteran *

( ) Agricultural products produced or grown in TX ( ) Agricultural products and services offered by TX bidders* ( ) USA produced supplies, materials or equipment ( ) Products of persons with mental or physical disabilities ( ) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel ( ) Energy Efficient Products ( ) Rubberized asphalt paving material ( ) Recycled motor oil and lubricants ( ) Products produced at facilities located on formerly contaminated property ( ) Products and services from economically depressed or blighted areas ( ) Vendors that meet or exceed air quality standards ( ) Recycled or Reused Computer Equipment of Other Manufacturers ( ) Foods of Higher Nutritional Value

RESPONDENT (COMPANY): ____________________________________________________________________

SIGNATURE (INK): ______________________________________________________________________________

NAME (TYPED/PRINTED) _______________________________________________________________________

TITLE: ___________________________________________________ DATE: ______________________________

EMAIL ADDRESS: ______________________________________________________________________________

STREET: _____________________________________________________________________________________

CITY/STATE/ZIP: _______________________________________________________________________________

TELEPHONE AND/OR FACSIMILE NUMBERS: _______________________________________________________

TEXAS IDENTIFICATION NUMBER (TIN): ___________________________________________________________

End of Exhibit A

5.2 POLICY OF UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES

(HUB): It is the policy of Texas Southern University to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. Accordingly, the Owner has adopted its Policy on Utilization of Historically Underutilized Businesses, a copy of which is attached hereto. The Policy applies to all contracts with an expected value of $100,000 or more. If Owner determines those subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Proposals. Failure to submit a required HUB Subcontracting Plan will result in the rejection of the Proposals.

5.2.1 STATEMENT OF PROBABILITY. Owner has determined that subcontracting opportunities are probable in connection with this solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Offeror’s Proposals.

Offeror shall develop and administer a HSP as a part of the Offeror’s Proposals in accordance with the Owner’s Policy on Utilization of Historically Underutilized Businesses (HUB).

5.2.2 Offeror’s HUB Subcontracting Plans must be attached separately in a sealed envelope clearly labeled “HUB Subcontracting Plan” and must have the name of the project and the bid number clearly marked on the outside of the sealed envelope.

5.2.3 Refer to Policy on Utilization of Historically Underutilized Business for a detailed list of attachments required with the HSP available at:

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

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

HOUSE BILL 1295 (CERTIFICATE OF INTERESTED PARTIES)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission.

Complete filing instructions are included in this bid, in which this form must be submitted. The link to the form can be located at the following link: https://www.ethics.state.tx.us/filinginfo/1295/.

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

TERMS AND CONDITIONS

1. BIDDING REQUIREMENTS:

a. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form. Respondent shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Agency reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for Agency’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines.

b. Bids should be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

c. Bids must be received at the Texas Southern University (TSU) Purchasing Office on or before the hour and date specified for the bid opening.

d. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the Respondent in a contract.

e. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

f. Bid prices are requested to be Respondent for TSU acceptance for 90days from bid opening date.

"Discount from list" bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts Proposed will be taken if earned.

g. Bidder should enter Texas Identification Number System (TINS) number, full Respondent name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, Respondent name should appear on each continuation page of a bid, in the block provided in the upper right-hand corner.

h. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by TSU based on an acceptable written reason.

i. Purchases made for TSU use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

j. TSU reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of TSU and to reject any and all bid items at the sole discretion of TSU. TSU also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of TSU. Any contract may also be extended up to three months at the sole discretion of TSU.

k. Consistent and continued tie bidding could cause rejection of bids by TSU and/or investigation for antitrust violations.

l. Inquiries pertaining to this solicitation must include the requisition number, class/item codes, and opening date.

2. SPECIFICATION:

Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired.

Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas

Government Code (Gov't Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product proposed. If other than brand(s) specified is proposed, illustrations and complete description of product proposed are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

Unless otherwise specified, items shall be new and unused and of current production.

All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from

UL, FMRC or NEMA.

Samples, when requested, must be furnished free of expense to TSU. If not destroyed in examination, they will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address and bid number. Do not enclose in or attach bid to sample.

TSU will not be bound by any oral statement or representation contrary to the written specifications of this solicitation.

Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. TIE BIDS: Awards will be made in accordance with 34 TAC Rules 20.36(b)(3) and 20.38 (Preferences).

4. DELIVERY:

a. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

b. If delay is foreseen, bidder shall give written notice to TSU. Bidder must keep TSU advised at all times of status of order.

c. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes TSU to purchase the goods or services of this solicitation elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder.

d. No substitutions permitted without written approval of TSU.

e. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency.

5. INSPECTION AND TESTS: All goods will be subject to inspection and test by TSU. Authorized TSU personnel shall have access to supplier's place of business for the purpose of…