ESBD_File_339527_Process_Tech_Center_Pilot_Plant.pdf

Event Description Lone Star College is seeking proposals for construction and electrical engineering services for upgrading the electrical panels at the LSC Process Technology Center Pilot Plant, to include replacing a single existing cabinet with two proper NEMA rated enclosures and an electrical over 120v in a separate cabinet.

CALENDAR OF EVENTS

Listed below are the dates and times by which stated actions need to be completed. If LSC determines, in its sole discretion, that it is necessary to change any of the dates and times, LSC will issue a written Addendum to this LSC. All listed times are Central Standard Time.

DATE / TIME ACTION

Monday, October 9, 2023 1st Legal advertising Monday, October 16,2023 2nd Legal advertising Wednesday, October 25, 2023, 2:00 PM Web-Ex Pre-proposal Tutorial (non-mandatory) * Wednesday, November 01, 2023 @ 10:00AM Site Visit (Highly Recommended)

LSC-Process Technology Center 14001 Lockwood Road Houston, TX 77044 (Meet in the Lobby) Monday, November 06, 2023, at 2:00 PM Last day and time for Respondents to submit email communications and inquiries to: Dina.Sauser@lonestar.edu

Monday, November 13, 2023, at 4:00 PM Addenda, if any, responding to written communications/inquiries will be emailed to Respondents Tuesday, November 21, 2023, at 2:00 PM Deadline for proposal submission Monday, November 27, 2023, at 2:00 PM Public Bid Opening Webex (details below) Week of November 27, 2023 Evaluation of Proposals & Notification to Selected Respondents of Presentation/Interview Date

General Questions General questions comprise 100 percent of total event score.

Question UOM Best Worst Weighting Response

BIDDER ATTACHMENT

Please attach your entire bid proposal in PDF format in the order listed in the table of contents.

Required: Yes Mandatory Response:No

A file attachment is required to satisfy this question.

Your bid will need to be edited online to include attachment responses.

Response Comments

Event Details

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 1 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Event Currency: US Dollar Bids allowed in other currency: No

COST OF SERVICE

Complete the RFP bid lines in iStar as outlined in this

RFP.

Required: Yes Mandatory Response:No

Response Comments

REFERENCES

Please provide a list of three references of accounts similar in size and scope to LSC. Include company name, contact name, email, phone number and brief description of products/services provided.

Required: Yes Mandatory Response:No

Response Comments

QUALITY:

Quality of Goods and Services

Required: Yes Mandatory Response:No

Response Comments

SERVICE NEEDS MET:

Extent to which goods or services meet the local College or System Office needs

Required: Yes Mandatory Response:No

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 2 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Response Comments

PAST PERFORMANCE

This is an opportunity to evaluate how the vendor has performed on a previous contract award with LSC. All vendors are given five (5) points and points are deducted for documented poor performance. No vendor response is needed here.

Required: Yes Mandatory Response:No

Response Comments

HUB PLAN:

Provide copy of Historically Underutilized Business (HUB) certification or HUB plan for Minority, Women or Veteran Owned including percentage of participation and plan/procedures to achieve stated goal. If applicable, provide a list of partnering HUB firms with contact information.

Required: Yes Mandatory Response:No

Response Comments

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 3 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Line Details Line: 1 Item ID: Line Qty: 1 UOM: Each Weighting: 0% Bid Qty:

Required: Yes Reserve Price: No

Min/Max Qty: No min / No max Description: Process Tech Ctr Pilot Plant

Question UOM Best Worst Weighting Response

DELIVERY PRICE:

Provide unit and total price including all delivery charges. 100%

Required: Yes Mandatory Response: No

Response Comments

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 4 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Bidder Information Firm Name:

Name: Signature: Date:

Phone #: Fax #:

Street Address:

City & State: Zip Code:

Email:

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 5 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Appendix B - Terms & Conditions

1. GENERAL TERMS AND CONDITIONS:

Firms are cautioned to read the information contained in this RFx carefully and to submit a complete response to all requirements and questions as directed.

LSCS reserves the right to reject any and all responses and to waive any irregularities or technical defects in the response and reserves the right to select the best total program. LSCS is not liable for any expense incurred by the firm in the preparation and presentation of its response.

Withdrawal of proposals will be accepted until the proposal submission time and date stated herein. No proposal may be withdrawn after the deadline.

2. GOVERNING LAW AND VENUE:

This RFx and resulting contract, if any, and any disputes thereunder will be governed by the laws of the State of Texas and shall be deemed to have been executed and entered into in the State of Texas. Any such contract shall be construed, performed and enforced in all respects in accordance with the laws and rules of the State of Texas, and any provision in such contract in conflict with Texas law and rules shall be void and of no effect. LSCS and all firms hereby agree that this RFx and resulting contract, if any, shall be enforced in the courts of the State of Texas and that venue shall always be in Montgomery County, Texas.

3. APPROPRIATED FUNDS:

The purchase of any service, which arises from this solicitation, is contingent upon the availability of appropriated funds. If funds are withdrawn or do not become available, LSCS can cancel the service contract by giving the firm written notice of its intent to cancel not less than thirty (30) days prior to the end of the term without penalty. Upon cancellation of the contract, LSCS will not be responsible for any payment of any services received that occur after the end of the current contract period.

4. SALES AND USE TAX:

LSCS as a public community college district is exempt from state and local sales taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act.

5. INVOICES:

Payment terms on services that have been received and accepted by LSCS will be net forty-five

(45) days.

6. PURCHASE ORDERS:

The System shall not be responsible for any services performed without a purchase order signed by an authorized agent of the System. Purchase orders will be issued upon Board approval. Any resulting purchase orders from this RFx will be subject to the Purchase Orders Terms and Conditions.

7. ASSIGNMENT AND DELEGATION:

Neither party to any resulting contract may assign or delegate any portion of the agreement without the prior written consent of the other party.

8. OPEN RECORDS REQUESTS:

After an award is made and contract(s) have been executed, all responses may become public records in accordance with the Texas Government Code Chapter 552. Information is excepted from the requirements of Chapter 552 in limited circumstances as approved by the Texas Attorney

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 6 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

General's Office.

9. OBSERVANCE OF LSCS RULES AND REGULATIONS:

Firm agrees that at all times its employees will observe and comply with all policies and procedures of LSCS, including but not limited to smoking, parking and security directives. The firm will be required to follow LSCS policies in dealing with improper conduct and discrimination and will report all incidents or injuries to the LSCS purchasing department.

10.REGISTERED SEX OFFENDERS:

Vendor/Contractor acknowledges and understands that pursuant to Section 62.051 of the Texas Code of Criminal Procedure, prior to entering LSCS's premises, any registered sex offender employed by vendor/contractor or a sub-contractor of Vendor/Contractor or acts as an agent of vendor/contractor or a sub-contractor of vendor/contractor who shall physically enter LSCS's premises to perform his or her job duties is required to register with LSCS's police department at the location in which the work shall be performed.

Vendor/Contractor agrees to ensure that prior to entering any of LSCS's premises, all registered sex offenders in its employ or acting as its agent or as a sub-contractor or sub-contractor's agent, will register at the police department at each of LSCS's locations on which the offender may physically enter to perform work duties.

Vendor/Contractor agrees that upon written notice from LSCS, vendor/contractor will not place and/or will immediately remove a registered sex offender on LSCS's premises if LSCS determines that the registered sex offender will pose a risk to the safety and well-being of LSCS's students, employees, and visitors

11.CRIMINAL HISTORY OF CONTRACTOR:

Vendor/Contractor acknowledges and understands that pursuant to Section 44.034 of Texas Education Code, Notification of Criminal History of Contractor, a person or business entity that enters into a contract with a school district must give advance notice to LSCS if the person or owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. A school district may terminate a contract with a person or business entity if LSCS determines that the person or business entity failed to give notice as required or misrepresented the conduct resulting in the conviction. LSCS must compensate the person or business entity for services performed before the termination of the contract. This section does not apply to a publicly held corporation.

12.PERFORMANCE REVIEWS:

As part of the evaluation process, LSCS reserves the right to request status reports and to review documentation at various stages to ensure that the firm is carrying out the obligations under this RFx and any resulting contract.

13.REMEDIES FOR NON-PERFORMANCE OF CONTRACT AND CONTRACT TERMINATION :

If the vendor/contractor cannot comply with the terms and conditions in fulfilling this contract as anticipated, the vendor/contractor must supply the same products or services contracted for other sources at the contract price. The vendor/contractor's delay in the above constitutes the vendor/contractor's material Breach of Contract, whereupon LSCS may terminate the vendor/contractor's contract for cause as provided by the remainder of this section.

Except as otherwise provided for within the terms and conditions of this document, this contract may be terminated in whole or part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given at least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and an opportunity for consultation with the terminating

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 7 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

party, followed by a reasonable opportunity, of not more than ten (10) working days, to cure the violation prior to termination. Notwithstanding anything herein, LSCS may terminate the contract for convenience by providing ten (10) days written notice.

14.TRAVEL EXPENSES:

Vendor/Contractor should not under this RFx or any resulting contract charge LSCS for any travel expenses, lodging and/or meals without prior written approval from LSCS. Upon written approval, vendor/contractor may be authorized to incur travel expenses payable by state and LSCS Board policy. Any expenses in excess of the proscribed amounts shall be borne by the vendor/contractor.

15.NON-EXCLUSIVE CONTRACT:

This is not an exclusive contract and will not restrict in any way LSCS's rights to contract with others for services and/or commodities similar to those specified within this RFx.

16.RESULTING CONTRACT:

The vendor/contractor may not assign, transfer, convey or otherwise dispose of this agreement or any right, title or interest herein without the prior written consent of LSCS. Any contract resulting from this RFx may only be amended in writing and signed by the vendor/contractor and LSCS using the same degree of formality evidenced in the contract resulting from this RFx.

17.INDEMNIFICATION:

The vendor/contractor awarded the RFx accepts full responsibility for acts or conduct of its employees or agents, or services rendered and agrees to indemnify and hold harmless LSCS, its agents, employees, officers, administrators, component institutions, successors and assigns from and against all claims, injuries, damages, losses, costs, expenses and liability, including but not limited to reasonable attorneys' fees, whether arising before, during or after completion of the Vendor/Contractor's work, caused by or arising out of or resulting from performance of work, of whatever nature, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission by the contractor, and subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, but only to that extent, proportion or degree that the claims, damages, losses and expenses are attributable to the act or omission of the contractor or its subcontractors.

Vendor/Contractor acknowledges and understands that LSCS, pursuant to Texas Education Code §130.004 and Texas Tort Claims Act §101.051, is immune from all tort claims, except those involving the negligent use or operation of a motor vehicle or as otherwise specified by law.

Nothing contained in this agreement shall constitute a waiver of immunity by LSCS nor an agreement to assume any liabilities of vendor/contractor or vendor/contractor's company for which LSCS would be entitled to claim immunity.

As an institution of higher education, any indemnification or hold harmless agreements made by LSCS are only enforceable to the extent permitted under the laws and Constitution of the State of Texas.

18.INDEPENDENT CONTRACTOR:

Vendor/Contractor understands that LSCS and vendor/contractor are independent contractors.

Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind the other party. This RFx and any subsequent agreements shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon any party. Vendor/Contractor agrees and understands that any equipment and personnel of Contractor/Vendor shall be under Vendor/Contractor's sole responsibility and control.

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 8 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

19.INSURANCE:

The vendor/contractor shall secure at its own expense and maintain in full force and effect during the Agreement's term the insurance requirements specified on the College's Contract Insurance Requirements website at https://www.lonestar.edu/48937.htm.

These insurance requirements are found in the following documents: (1) Minimum Insurance Coverage & Limits for Standard Contracts Consultants or Professional Service, and (2) the Minimum Requirements for All Insurers.

The College makes no claim that these document titles are the latest versions. Consultant shall download the latest copy of these documents from the College's Contract Insurance Requirements website.

20.ADDENDA TO THE RFx:

If necessary, a new version of the RFx will be issued by LSCS. Appropriate time will be allowed for response to such addenda. Questions shall be directed to the buyer assigned for this RFx.

21.EVALUATION CRITERIA AND SELECTION PROCESS:

All Responses will be evaluated in accordance with the Texas Education Code §44.031(b) by members of an advisory evaluation committee. Such advisory committee shall consist of individuals who have expertise regarding, or some experience with, the subject matter of the RFx or, individuals who could be characterized as recipients, beneficiaries, or users of the RFx's subject matter. The Vendors/Contractors shall explain within their proposal why any of the factors are not applicable.

In awarding a contract, LSCS may utilize a two-step process: Part one consists of the submissions and evaluations of the RFx. Part two, if necessary, consists of evaluations of top ranked contractors with possible interviews.

After review of the submitted responses to this RFx, the top-ranked qualified vendor/contractor may be selected for interviews with LSCS. The selected firm(s) will be notified of their interview time. LSCS will not be liable for any costs incurred by any firms in the preparation or conduct of any requested presentations.

LSCS reserves the right to award this RFx based solely on the reviews of the RFx responses without conducting interviews.

FINAL SELECTION: All committee member scores will be combined and the vendor/contractor with the highest score will be recommended to the Board of Trustees for approval.

22.PRESENTATION OR DEMONSTRATION:

Lone Star College System reserves the right to request a meeting from a qualified respondent(s).

Vendor/Contractor(s) notified may be required to be present for an onsite meeting to give a presentation or demonstration based upon the criteria provided and evaluated by the committee.

Meetings may be held after all proposals have been reviewed.

In conducting these meetings, there shall be no disclosure or any information obtained from any competing vendor/contractor. Any request for a meeting will be scheduled and held after receipt of the proposals to provide an opportunity for the vendor/contractor to demonstrate/present the proposed products and services, clarify the proposal and for the evaluation team to ask questions. The presentation/demonstration may be attended by project managers, executives, purchasing personnel, and other groups as requested. A refusal from a vendor/contractor to honor the request for a presentation/demonstration may result in disqualification.

23.PROPOSAL VALIDITY:

Any offers submitted in the proposal shall remain firm for one hundred-eighty (180) days after proposal due date and may be further extended by LSCS with the consent of the Respondent.

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 9 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

24.INTERPRETATION OR CORRECTION:

LSCS is not liable for interpretations/misinterpretations or other errors or omissions made by the vendor/contractor in responding to this Request. Any required addendum to the RFx will be made in writing by the LSCS Purchasing Department. Any person, firm or corporation submitting a response is deemed to have read, understood and agreed to all terms, conditions and requirements set forth in the specifications. Vendor/Contractor agrees to conform in general to the terms of these specifications, details of which will be set forth in a signed agreement mutually acceptable to and executed by LSCS and the vendor/contractor.

From the date of issuance until LSCS takes final agency action, the vendor/contractor must not discuss his response or any part thereof with any employee, agent, or representative of LSCS except as expressly requested by LSCS in writing. Violation of this restriction will result in rejection of the vendor/contractor's response.

No negotiations, decisions, or actions should be initiated or executed by the vendor/contractor as a result of any discussions with any LSCS employee. All inquiries, requests for clarification, change of condition or requirement, specification omissions, doubt as to meaning, or requests for additional information must be submitted, via email, to the assigned buyer for this RFx. In the request, the vendor/contractor must identify him/herself and provide the section and paragraph of the conditions or requirements in question. The vendor/contractor must also recommend specific written changes to the specified condition(s) or requirement(s).

All inquiries or requests for changes or information must be received by the assigned buyer no later than the scheduled date noted within this RFx. All vendor/contractor inquiries or requests, the responses to these inquiries or requests, and other needs as may apply will be provided to all prospective vendor/contractors by issues of a new version of this RFx.

25.PROVISIONS FOR RECOMMENDATION:

1. It is understood that LSCS reserves the right to:

a) Reject any and/or all responses.

b) Accept any response or portion thereof most advantageous to LSCS.

c) Revise the RFx and/or to issue new version or round to the RFx, in the event it becomes necessary to revise any or part of the RFx. New version or round will be provided to all those who received the initial RFx.

d) Cancel or re-issue the RFx, in whole or in part, prior to execution of a contract.

e) Negotiate with any or all qualified vendor/contractor(s).

f) Award bid based on the overall best business decision for LSCS, not solely based on low bid.

g) Waive any informalities or regularities.

h) Increase and/or decrease scope of work/services or quantities as deemed necessary to accommodate for budgetary and/or operational requirements.

i) Request additional information or require a meeting with the vendor/contractor(s) for clarification.

j) Request interviews/presentations from vendor/contractors following submission of the proposals.

k) Modify timeline, in form of new version or round.

l) Consider alternate bid proposals submitted by qualified Respondents in determining an award.

m) Award this RFx based solely on the reviews of the RFx responses without conducting interviews.

n) Award to single or multiple respondents.

o) Award by package total, by line item or total cost of the bid which ever deems in the best interest of LSCS.

26.CONFLICTS DISCLOSURE:

Pursuant to Chapter 176.001 of the Texas Government Code, all vendors/contractors or potential vendors/contractors who have a family or business relationship with a member of the LSCS Board of Trustees or an LSCS administrator or who has given a gift or gifts worth more than $250.00 to a member of the LSCS Board of Trustees or an LSCS administrator within the twelve (12) month period prior to responding to this RFx and wishes to conduct business or be considered for business with LSCS are required to file a Conflicts Disclosure Questionnaire with the Records

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 10 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Administrator of the Lone Star College System. This questionnaire must be filed with the LSCS Office of General Counsel, the designated Records Administrator, no later than seven (7) days after the date the vendor/contractor submits an application or response for proposals or bids, begins contract discussions or negotiations with LSCS, or writes correspondence or any other type of writing related to a potential agreement with LSCS. Failure of a vendor/contractor or potential vendor/contractor to submit the Conflicts Disclosure Questionnaire to the Records Administrator is a Class C misdemeanor punishable by a fine not to exceed $500.

The Conflicts Disclosure Questionnaire may be found at the Texas Ethics Commission website at http://www.ethics.state.tx.us/forms/CIQ.pdf.

27.MISCELLANEOUS:

Vendor/Contractor will not name Lone Star College System (LSCS) in its external advertising, marketing programs or other promotional efforts, any data, pictures or other representation of LSCS except on the specific, written authorization in advance by LSCS's Director of Purchasing.

Vendor/Contractor certifies that, upon the effective date of this agreement, either (1) it is not delinquent in payment of State of Texas corporate franchise taxes, or (2) it is not subject to the payment of such taxes. Contractor (or other designation of contracting party) agrees that any false statement with respect to franchise tax status shall be a material breach hereof, and LSCS shall be entitled to terminate this Agreement upon written notice thereof to Contractor (or other designation).

Vendor/Contractor hereby certifies that if any of its principals or owners is a child support obligor, he/she is no more than 30 days delinquent in paying child support.

Vendor/Contractor is subject to and must comply with provisions of LSCS's Equal Opportunity Policy and applicable state and federal anti-discrimination laws. This is not an exclusive contract and will not restrict in any way LSCS's right to contract with others for services and/or commodities similar to those specified in this proposal.

Any disputes arising under a contract entered into with LSCS and Vendor/Contractor will be resolved in accordance with Chapter 2260 of the Texas Government Code.

Vendor/Contractor certifies by responding to this solicitation that it has taken or will take documented steps to encourage the participation of Targeted Small Business for the purpose of subcontracting and supplying of materials and services.

Specifications in their entirety are written as a reference to show minimum standards that will be accepted. Any inadvertent similarities or reference to manufacturers or products in no way are meant to show bias towards specific manufacturers or products.

28.ONLINE REGISTRATION TERMS AND CONDITIONS:

A. The services provided though this Website and the use of the Website are governed by these Terms and Conditions. By accessing or using the services or the website, or by registering as either a buyer or seller, you agree that (1) you have read and familiarized yourself with the Terms and Conditions; (2) you understand the Terms and Conditions; and (3) you are bound by the Terms and Conditions in your use of the services or the Website.

B. Registration and Eligibility. The services and the website are only available to persons with the legal capacity to enter into this agreement. LSCS may, at its sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the services and the Website for any reason.

C. Changes to Services, Website and Terms and Conditions. User acknowledges and agrees that LSCS may change, modify, amend, suspend or discontinue any aspect of the services or the Website, at any time, without prior notice and without liability to user or to any third party.

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 11 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

D. Prohibited Uses. You agree not to use the Website (including, without limitation, any Materials or Services you may obtain through your use of the Website): (a) in a manner that violates any local, state, national, regulation, rule, order, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the LSCS Website or servers or networks. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the LSCS Website; or

(y) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the LSCS Websites, by any unauthorized means.

E. Limitation of Liability. You agree to hold LSCS harmless and in no event will LSCS be liable for any indirect, special, consequential, punitive, or exemplary damages or (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other tangible losses), arising out of or in connection with the website (including, without limitation, use, inability to use, or the results of use of the website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any HP party has been advised (or should have known) of the possibility of such damages. LSCS makes no guaranties to the accuracy of the content or information provided on the website.

F. Submissions. By submitting a response on this Website, you warrant and represent that:

(i) you are at least 18 years of age;

(ii) you own all rights in your submitted materials (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your submitted materials) or, alternatively, you have acquired all necessary rights in your submitted materials;

(iii) you have the legal authority to tender the submitted materials and to legally bind the entity you represent to the extent required in the submitted materials;

(iv) your submitted materials do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

(v) any information contained in your submitted materials is not known by you to be false, inaccurate, or misleading;

(vi) your submitted materials do not violate any federal or Texas Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

(vii) your submitted materials are not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

(viii) your submitted materials do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

(viiii) any submitted materials that you consider confidential, proprietary, or personal or marked as such.

29.ACKNOWLEDGEMENT AND ACCEPTANCE:

Further, user acknowledges and agrees that LSCS may amend any or all of the Terms and Conditions at any time without prior notice. Any amendment to the Terms and Conditions will be reflected on the Website at the time the terms and conditions become effective. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the services and the website constitutes acceptance of the Terms and Conditions, including any amendments thereto.

30.FEDERALLY FUNDED BIDS OR CONTRACTS:

Any bids or contracts federally funded will be subject to the below listed provisions:

a. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 12 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

Department of Labor." The awarded contractors shall not discriminate in employment decisions on the basis of race, color, religion, sex, or national origin. Additionally, covered contractors shall take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

b. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. Additionally, the Act requires such contractors and subcontractors to submit weekly statements of compliance.

The recipient shall report all suspected or reported violations to the Federal awarding agency.

c. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").

Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

d. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) - Where applicable, all contracts awarded by recipients in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ¿ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The Act prohibits conditions which are unsanitary, hazardous or dangerous on federally financed and assisted construction projects. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

e. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 37 CFR part 401 establishes a uniform policy for the disposition and licensing of rights to patentable inventions discovered in the course of federally-funded research. The definition of a subject invention is intellectual property that is either conceived or first actually reduced to practice in performance of a government-funded project.

This Act gives grantee/contractor organizations first rights to title of a subject invention stemming from federally-funded research, provided the federal funding agency is notified of the invention within 60 days, receives a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention, the federal agency support is acknowledged in any related patent application, and commercialization is actively pursued. In certain instances, the college may retain title to inventions made with the assistance of federal funding.

f. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.

1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 13 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST

standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)

and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

g. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, award, or any covered Federal action under 31 U.S.C.

1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

h. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

i. Buy American Act (41 USC 10a-10d) Vendors will ensure compliance with the requirements for preference for domestic end products for supplies acquired for use in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy America Act.

31.If Lone Star College gives a vendor access to any kind of data and / or if the vendor manages any kind of data for the College, the vendor must agree to return such data to Lone Star College when the contract terminates (for any reason) in a format acceptable to Lone Star College.

Last Updated: 01/19/2021

Event Details (cont.)

Bidder: PUBLIC EVENT DETAILS

Submit To: Lone Star College System 5000 Research Forest Drive The Woodlands TX 77381-4536 United States

Contact: Sauser, Dina Phone:

Email: Dina.Sauser@lonestar.edu

PeopleSoft Strategic Sourcing Event ID Format Type Page LSC01-0000900 Sell RFx 14 Event Round Version 1 1 Event Name Process Tech Center Pilot Plant Start Time Finish Time

10/09/2023 09:00:00 CDT 11/21/2023 14:00:00 CST