ESBD_File_341192_H_24-07 RFQ-Finacail Advisor-Section 5 – General Information.pdf

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Attached to
Financial Advisory Services
Solicitation number
RFQ24-07
Issued by
Harris County, Houston City, Texas

About this file

This document is a Request for Qualifications (RFQ) issued by the Houston Community College (HCC) for Financial Advisory Services. HCC is seeking statements of qualifications from qualified firms to provide the requested services. The RFQ provides an overview of HCC, its mission and vision, and the scope of services required. It outlines the procurement process, including the pre-proposal meeting, contact information for questions, the evaluation and award process, and various terms and conditions. The RFQ also details HCC's Small Business Development Program requirements and the internship program. The contract award is subject to approval by the HCC Board of Trustees, and the selected provider will be required to provide the services in accordance with all applicable laws and regulations.

The RFQ does not obligate HCC to award a contract or pay any costs incurred by proposers in preparing their submissions. HCC reserves the right to negotiate terms and conditions, including scope, staffing, and fees, with the highest-ranked respondent. If an agreement cannot be reached, HCC may negotiate with the next highest-ranked respondent. The resulting contract is subject to the Texas Public Information Act, and proposers must comply with all applicable laws, including those related to conflicts of interest.

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Section 5 – General Information

PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFQ

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED

5.1 General Information

Houston Community College's service area is Houston Independent School District, Katy, Spring Branch, Alief Independent School Districts, Stafford Municipal District, and the Fort Bend portion of Missouri City. The System is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award the associate degree.

Houston Community College serves its students each semester, by offering associate degrees, certificates, academic preparation, workforce training, and lifelong learning opportunities that prepares students in our diverse community to compete in an increasingly technological and international society. Houston Community College plays an integral role in transforming the lives of its students and making our community work.

More information regarding HCC can be found in the annual HCC Fact Book.

HCC Mission - Houston Community College is an open-admission, public institution of higher education offering a high-quality, affordable education for academic advancement, workforce training, career development, and lifelong learning to prepare individuals in our diverse communities for life and work in a global and technological society.

HCC Vision - Houston Community College will be a leader in providing high quality, innovative education leading to student success and completion of workforce and academic programs. We will be responsive to community needs and drive economic development in the communities we serve.

Additional information about Houston Community College may be found by visiting HCC Website.

Visit the HCC Procurement Operations Department website to get more information on this and other business opportunities. While at our website we invite you to Register as a Vendor, if already registered, please confirm your contact information is current.

5.2 Overview

The Houston Community College, (“HCC”) or (“College”) is seeking statement of qualifications from qualified firms in accordance with the Scope of

Services noted above. Qualified respondents are invited to submit a written response outlining your qualifications and willingness to provide the services as described in the Scope of Services, and in accordance with the terms, conditions and requirements set forth in the Request for Qualifications (RFQ). The successful proposer will provide the scope of services in accordance with all applicable laws, regulations and professional standards.

HCC reserves the right to make single, multiple or no award for the services described herein and as deemed in its own best interests.

HCC reserves the right to reject any or all proposals or to accept any proposals it considers most favorable to HCC, or to waive irregularities in the Request for Qualifications (RFQ) and submittal process. HCC further reserves the right to reject all proposals or submittals and terminate the solicitation process or seek new proposals when such procedure is reasonably in the best interest of

HCC.

This RFQ solicitation does not in any way obligate HCC to award a contract or pay any expense or cost incurred in the review and submission of proposals responding to this RFQ.

All applicable attachments contained in the RFQ shall be completed. Failure to do so may result in the firm’s proposal or submittal being declared non-responsive to the solicitation requirements.

Information provided in response to the RFQ is subject to the Texas Public Information Act and may be subject to public disclosure.

By submitting its proposal in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of “most- qualified” and “best valued” firm(s) will require subjective judgments by the Evaluation Committee.

Any exceptions taken to the terms of the RFQ must be specific, and the respondent must indicate clearly what alternative is being offered to allow HCC a meaningful opportunity to evaluate and rank proposals and implications of the exception (if any).

Where exceptions are taken, HCC shall determine the acceptability of the proposed exceptions. HCC may accept or reject the exceptions. Where exceptions are rejected, HCC may insist that the respondent furnish the services described herein or negotiate an acceptable alternative.

Where exceptions are taken, HCC shall determine the acceptability of the proposed exceptions. HCC may accept or reject the exceptions. Where exceptions are rejected, HCC may insist that the respondent furnish the services described herein or negotiate an acceptable alternative.

All exceptions shall be referenced by utilizing the corresponding Section, paragraph and page number in this RFQ. However, HCC is under no obligation to accept any exceptions. Respondent shall be deemed to have accepted all terms and conditions to which no exceptions have been taken.

The RFQ provides information necessary to prepare and submit statement of qualifications responses for consideration by HCC based on the listed criteria. HCC may request additional clarification and oral interviews solely on the written responses to this request for qualifications.

5.3 Award / Contract Approval

This Procurement, any award under this procurement, and the resulting contract, if any, is subject to approval by HCC Board of Trustees. Subsequent to Board approval, the only person authorized to commit HCC contractually is the Chancellor or designee. This solicitation is a request for qualifications and neither this solicitation nor the response or proposal from any prospective proposer shall create a contractual relationship that would bind HCC until such time as both HCC and the selected proposer sign a legally binding contract, which includes, without limitation, the terms required by HCC as set forth in the Scope of Work/Services and this RFQ.

5.4 Pre-Proposal Meeting

The purpose of the meeting is to briefly describe the procurement process and specifications while allowing interested firms to ask general questions. Nothing said in the pre-proposal meeting shall be binding to HCC;

any changes to the requirements of this RFQ shall be made by way of written solicitation amendment.

If applicable, the Pre-Proposal Meeting date and time is noted in the Solicitation Schedule (see Page 2)

5.5 HCC Contact

Any questions or concerns regarding this Request for Qualification shall be directed to the Procurement Officer listed on the cover page. HCC specifically requests that proposer restrict all contact and questions regarding this RFQ to the Procurement Officer. The Procurement Officer must receive all questions or concerns no later than the date and time listed in the Solicitation Schedule.

5.6 Inquiries and Interpretations

Responses to inquiries, which directly affect an interpretation or change to this RFQ, will be issued in writing by addendum (amendment) and all addenda will be posted on the HCC Website www.hccs.edu. All such addenda issued by HCC prior to the time that proposals are received shall be considered part of the RFQ, and the Proposer shall be required to consider and acknowledge receipt of such in their proposal.

Only those HCC replies to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarification will be without legal effect. Proposer must acknowledge receipt of all addenda in Attachment No. 1 of this RFQ (Contract Award Form).

5.7 Commitment

Proposer understands and agrees that this RFQ and any resulting Agreement is issued predicated on anticipated requirements for the materials or services described herein and that HCC has made no representation, guarantee or commitment with respect to any specific quantity of or dollar value to be furnished under any resulting Agreement. Further Proposer recognizes and understands that any cost borne by the Proposer, which arises from Proposer’s performance under any resulting agreement, shall be at the sole risk and responsibility of Proposer.

5.8 Acquisition from Other Sources

HCC reserves the right and may, from time to time as required by HCCs operational needs, acquire services of equal type and kind from other sources during the term of the agreement without invalidating in whole or in part, the agreement or any rights or remedies HCC may have hereunder.

5.9 Vendor Registration

The Houston Community College Procurement Operations Department has developed an online vendor application. This is designed to allow firms or individuals that are interested in doing business with HCC to register online and become part of our vendor database. Once registered, you will receive a password and personal login information that will allow you to modify your vendor information anytime a change occurs with your company. You will have the flexibility to add or delete commodity lines, update phone numbers, and contact information, etc. This database will allow HCC to notify, via email, all companies that match the desired commodity criteria for procurement opportunities within Houston Community College.

What a great way to never miss out on an HCC bid or proposal opportunity again.

Please take a moment to go to the Houston Community College Procurement Operations Department website and register as a vendor. The website address to access the vendor is;

https://hccs.bonfirehub.com/projects http://www.hccs.edu/ https://hccs.bonfirehub.com/projects

If you do not have internet access, you are welcome to use a computer at any HCC library to access the website and register.

5.10 Obligation and Waivers

THIS RFQ IS A SOLICITATION FOR

STATEMENT OF QUALIFICATIONS AND IS

NOT A CONTRACT OR AN OFFER TO

CONTRACT.

A PROPERLY COMPLETED VENDOR

APPLICATION IS REQUIRED AND IS A

CONDITON OF CONTRACT AWARD.

THIS REQUEST FOR QUALIFICATIONS DOES

NOT OBLIGATE HCC TO AWARD A

CONTRACT OR PAY ANY COSTS INCURRED

BY THE PROPOSER IN THE PREPARATION

AND SUBMITTAL OF A STATEMENT OF

QUALIFICATIONS.

HCC, IN ITS SOLE DISCRETION, RESERVES

THE RIGHT TO ACCEPT ANY STATEMENT OF

QUALIFICATIONS AND/OR REJECT ANY AND

ALL STATEMENT OF QUALIFICATIONS OR A

PART OF A STATEMENT OF

QUALIFICATIONS, WITHOUT REASON OR

CAUSE, SUBMITTED IN RESPONSE TO THIS

SOLICITATION.

HCC RESERVES THE RIGHT TO REJECT ANY

NON- RESPONSIVE OR CONDITIONAL

STATEMENT OF QUALIFICATIONS. HCC

RESERVES THE RIGHT TO WAIVE ANY

INFORMALITIES, IRREGULARITIES AND/OR

TECHNICALITIES IN THIS SOLICITATION,

THE STATEMENT OF QUALIFICATION

DOCUMENTSAND /OR STATEMENT OF

QUALIFICATIONS RECEIVED OR

SUBMITTED.

BY SUBMITTING A STATEMENT OF

QUALIFICATIONS, PROPOSER AGREES TO

WAIVE ANY CLAIM IT HAS, OR MAY HAVE,

AGAINST HOUSTON COMMUNITY COLLEGE

SYSTEM AND ITS TRUSTEES OR AGENTS

ARISING OUT OF OR IN CONNECTION WITH (1)

THE ADMINISTRATION, EVALUATION OR

RECOMMENDATIONS OF ANY STATEMENT OF

QUALIFICATIONS; (2) ANY REQUIREMENTS

UNDER THE SOLICITATION, STATEMENT OF

QUALIFICATIONS PACKAGE, OR RELATED

DOCUMENTS; (3) THE REJECTION OF ANY

STATEMENT OF QUALIFICATIONS OR ANY PART

OF ANY STATEMENT OF QUALIFICATIONS;

AND/OR (4) THE AWARD OF A CONTRACT, IF

ANY.

HCC RESERVES THE RIGHT TO WITHDRAW THIS

SOLICITATION AT ANY TIME FOR ANY REASON;

REMOVE ANY SCOPE COMPONENT FOR ANY

REASON AND TO ISSUE SUCH CLARIFICATIONS,

MODIFICATIONS AND/OR AMENDMENTS AS

DEEMED APPROPRIATE.

HCC RESERVES THE RIGHT TO NEGOTIATE

TERMS AND CONDITIONS INCLUDING SCOPE,

STAFFING LEVELS, AND FEES WITH THE

HIGHEST RANKED RESPONDER. IF AGREEMENT

CANNOT BE REACHED WITH THE HIGHEST

RANKED RESPONDER, HCC RESERVES THE

RIGHT TO NEGOTIATE WITH THE NEXT

HIGHEST RANKED RESPONDER AND SO ON

UNTIL AGREEMEMENT IS REACHED. WHEN AN

AGREEMENT IS REACHED, HCC WILL SUBMIT ITS

RECOMMENDATIONS TO THE BOARD OF

TRUSTEES FOR APPROVAL AND AWARD OF THE

CONTRACT.

HCC IS AN EQUAL

OPPORTUNITY/EDUCATIONAL INSTITUTION,

WHICH DOES NOT DISCRIMINATE ON THE

BASIS OF RACE, COLOR, RELIGION, NATIONAL

ORIGIN, GENDER, AGE, DISABILITY, SEXUAL

ORIENTATION, OR VETERAN STATUS.

5.11 Contract Award

Award of a contract, if awarded, will be made to the proposer who (a) submits a responsive statement of qualifications; (b) is a responsible proposer; and (c) offers the most qualified statement of qualifications in accordance with the Texas Government Code Section 2254.

A responsive statement of qualifications and a responsible proposer are those that meet the requirements of and are as described in this solicitation.

HCC may award a contract, based on initial statement of qualifications received, without discussion of such statement of qualifications. Accordingly, each initial statement of qualifications should be submitted on the most favorable terms from a technical standpoint, which the proposer can submit to HCC. Except as otherwise may be set forth in this solicitation, HCC reserves the right to waive any informalities, non-material errors, technicalities, or irregularities in the statement of qualifications documents submitted and consider the statement of qualifications for award.

5.12 Postponement of Proposals Due Date/Time:

Notwithstanding the date/time for receipt of proposals established in this solicitation, the date and time established herein for receiving proposals may be postponed solely at HCCs discretion.

5.13 Oral Presentations:

During the process of selecting a company to provide the required services, oral presentations may or may not be held. Each proposer should be prepared to make a presentation to HCC. The presentations must show that the proposer clearly understands the requirements of the solicitation and has a strategic plan and approach to complete the work.

5.14 Small Business Development Program (SBDP):

The Houston Community College System’s Small Business Development Program (“SBDP” or the “Program”) was created to provide business opportunities for local small businesses to participate in contracting and procurement at Houston Community College (HCC).

The SBDP is a goal-oriented program, requiring Contractors who receive Contracts from HCC to use Good Faith Efforts to utilize certified small businesses. The Program applies to all Contracts over $50,000, except Contracts for sole- source items, federally funded Contracts, Contracts with other governmental entities, and those Contracts that are otherwise prohibited by applicable law or expressly exempted by HCC. The SBDP is a race and gender-neutral program, however HCC actively encourages the participation of minority and women-owned small businesses in the SBDP.

To participate, small businesses must be certified by an agency or organization whose certification is recognized by HCC. Certification is based on the firm’s gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R. § 121.103, does not exceed the size standards as defined pursuant to Section 3 of the Small Business Act and 13 C.F.R.

§ 121.201.

HCC recognizes certification by the following governmental and private agencies: Metropolitan Transit Authority of Harris County (METRO) SBE Certification, City of Houston SBE, MWPDBE and DBE Certifications, Texas Department of Transportation SBE Certification, City of Austin SBE Certification, South Central Texas Regional Certification Agency SBE Certification, Small Business Administration 8(a). HCC has the right to revoke acceptance of a business as a certified or qualifying small business and to conduct certification reviews. For more information regarding SBE Certifications go to:

http://www.hccs.edu/about-hcc/procurement/small-business-procurement/.

Good Faith Efforts: HCC will make a good faith effort to utilize small businesses in all contracts. The annual program goals may be met by contracting directly with small businesses or indirectly through subcontracting opportunities. Therefore, any business that contracts with HCC will be required to make a good faith effort to award subcontracts to small businesses. The subcontracting goal applies to all vendors regardless of their status. By implementing the following procedures, a contractor shall be presumed to have made a good faith effort:

a. To the extent consistent with industry practices, divide the contract work into reasonable lots.

b. Give notice to SBDP eligible firms of subcontract opportunities or post notices of such opportunities in newspapers and other circulars.

c. Document reasons for rejecting a firm that bids on subcontracting opportunities.

Points shall be awarded in accordance with the Proposal Response based on the prime vendor’s certifications and/or commitment to small business subcontracting stated in the solicitation document and the published point scale.

A copy of the complete SBDP Procedure may be found on our Small Business Website.

a. Certified small business prime contractor – automatically eligible for maximum available SBE points. However, HCC reserves the right to deny the points, and look only to the prime contractor’s use of subcontractors, if HCC, in evaluating solicitation responses, makes a determination that the prime contractor will not have a legitimate and active role in the performance of the contract;

b. Certified small business prime contractor that meets the SBE Bonus Points subcontracting commitment using a certified small business subcontractor – automatically eligible for maximum available SBE Bonus Points. The noted Bonus Points shall only be available when a certified SBE who is the prime contractor shall also use a certified SBE as a subcontractor. This category of points shall only be available when subcontracting opportunity is identified as noted in the published table;

c. Non-certified small business prime contractor that meets the SBE subcontracting commitment using a certified small business subcontractor – automatically eligible for maximum available SBE points;

d. Non-small business prime contractor with non-small business subcontractor – no points; and

e. Non-small business prime contractor self performing work – no points http://www.hccs.edu/about-

Proposed SBE Subcontracting Commitment

Available Points

Eligibility

25% & Higher

Certified-SBE prime or Non-SBE prime using certified

SBE subcontractor SBE Bonus

Points for 25% & Higher

Subcontracting

Only a certified-SBE prime using certified SBE subcontractor

5.15 Prime Contractor/Contracts for Services:

The prime contractor must perform a minimum of 30% of any contract for services with its labor force and or demonstrate management of the contract for services to the satisfaction of HCC.

5.16 Internship Program:

HCC is expanding its student internship program.

All vendors are encouraged to make a commitment to utilize certain HCC student(s) in an internship capacity with the company under any resulting contract for services required under this solicitation.

At the sole discretion of the vendor, the internship opportunity may be paid or unpaid and shall be intended to serve as a relevant and meaningful educational enrichment opportunity for the HCC students involved. HCC will provide the selected contractor with the name of student(s) eligible to participate in the internship program.

For additional information regarding the internship program, please contact Mr. James Mable, Director of Career and Job Placement Services at 713-718- 6485.

5.17 Prohibited Communications and Political

Contributions:

Except as provided in exceptions below, political contributions and the following communications regarding this solicitation or any other invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited:

[1] Between a potential vendor, subcontractor to vendor, service provider, respondent, Offeror, lobbyist or consultant and any Trustee;

[2] Between any Trustee and any member of a selection or evaluation committee; and [3] Between any Trustee and administrator or employee.

The communications prohibition shall be imposed from the day the solicitation is first advertised through thirty (30) days after the contract is executed by the Chancellor or his/her designee, or when a determination is made that the contract will not be awarded. During this period, no HCC Trustee and no vendor shall communicate in any way concerning any pending Solicitation involving the Vendor, subject to the penalties stated herein.

In the event the Board refers the recommendation back to the staff for reconsideration, the communication prohibition shall be re-imposed.

The communications prohibition shall not apply to the following:

[1] Duly noted pre-bid or pre-proposal conferences.

[2] Communications with the HCC General Counsel.

[3] Emergency contracts.

[4] Presentations made to the Board during any duly- noticed public meeting.

[5] Unless otherwise prohibited in the solicitation documents, any written communications between any parties, provided that the originator shall immediately file a copy of any written communication with the Board Services Office. The Board Services Office shall make copies available to any person upon request.

[6] Nothing contained herein shall prohibit any person or entity from publicly addressing the Board during any duly-noticed public meeting, in accordance with applicable Board policies, regarding action on the contract.

Any potential vendor, subcontractor vendor, service provider, proposer, offeror, lobbyist or consultant who engages or attempts to engage in prohibited communications shall not be eligible for the award of any resulting contract under this solicitation. Any other direct or indirect actions taken to unduly influence competitive purposes, to circumvent equal consideration for competitive proposers, or to disregard ethical and legal trade practices will disqualify proposers, vendors, service providers, lobbyist, consultants, and contractors from both this current and any future consideration for participation in HCC orders and contracts.

5.18 Drug Policy:

HCC is a drug-free workforce and workplace. The manufacture, sale, distribution, dispensation, possession or use of illegal drugs (except legally prescribed medications under physician’s prescription and in the original container) or alcohol by vendors or contractors while on HCC’s premises is strictly prohibited.

5.19 Taxes:

HCC is tax exempt as a governmental subdivision of the State of Texas under Section 501C (3) of the Internal Revenue Code. Limited Sales Tax Number: 1-74-1709152-

1. No proposal shall include any costs for taxes to be assessed against HCC. The Contractor shall be responsible for paying all applicable taxes and fees, including but not limited to, excise tax, state and local income tax, payroll and withholding taxes for Contractor Employees. The contract shall hold HCC harmless for all claims arising from payment of such taxes and fees.

5.20 Texas Public Information Act:

HCC considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature, and therefore, shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.)

(“The Act”) after a contract if any, is awarded. If the proposer considers any information submitted in response to this request for qualifications to be confidential under law or constitute trade secrets or other protected information, the proposer must identify such materials in the proposal response.

Notwithstanding the foregoing, the identification of such materials would not be construed or require HCC to act in contravention of its obligation to comply with the Act and the proposer releases HCC from any liability or responsibility for maintaining the confidentiality of such documents.

5.21 Appropriated Funds:

The purchase of service or product, which arises from this solicitation, is contingent upon the availability of appropriated funds. HCC shall have the right to terminate the resulting contract at the end of the current or each succeeding fiscal year if funds are not appropriated by the HCC Board of Trustees for the next fiscal year that would permit continuation of the resulting contract. If funds are withdrawn or do not become available, HCC reserves the right to terminate the resulting contract by giving the selected contractor a thirty

(30) day written notice of its intention terminate without penalty or any further obligations on the part of HCC or the contractor. Upon termination of the contract HCC shall not be responsible for any payment of any service or product received that occurs after the end of the current contract period or the effective date of termination, whichever is the earlier to occur. HCCs fiscal year begins on September 1 and ends on August 31.

5.22 Conflict of Interest:

If a firm, proposer, contractor, or other person responding to this solicitation knows of any material personal interest, direct or indirect, that any member, official, or employee of HCC would have in any contract resulting from this solicitation, the firm must disclose this information to HCC.

Persons submitting a proposal or response to this solicitation must comply with all applicable laws, ordinances, and regulations of the State of Texas Government Code, including, without limitation, Chapter 171 and 176 of the Local Government Code. The person /proposer submitting a response to this solicitation must complete (as applicable), sign and submit Attachment No. 6 , Conflict of Interest Questionnaire Form, and Attachment No. 7, Financial Interest and Potential Conflict of Interests with the proposal package. HCC expects the selected contractor to comply with Chapter 176 of the Local Government Code and that failure to comply will be grounds for termination of the contract.

Note: Attachment No. 6 and Attachment No. 7 shall be completed signed and returned to HCC. Enter N/A in those areas on the Attachments that are not applicable to your company. Failure to complete, sign and notarize (if applicable) these Attachments may render your proposal non-responsive.

5.23 Ethics Conduct:

Any direct or indirect actions taken to unduly influence competitive purposes, to circumvent equal consideration for competitive proposers, or to disregard ethical and legal trade practices will disqualify vendors and contractors from current and future consideration for participation in HCC orders and contracts.

5.24 No Third Party Rights:

This Contract is made for the sole benefit of HCC and the Contractor and their respective successors and permitted assigns. Nothing in this Contract shall create or be deemed to create a relationship between the Parties to this Contract and any third person, including a relationship in the nature of a third party beneficiary or fiduciary.

5.25 Withdrawal or Modification:

No proposal may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by HCC, which shall be based on Respondent’s submittal, in writing, of a reason acceptable to HCC.

5.26 Validity Period:

Proposals are to be valid for HCCs acceptance for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Agreement.

5.27 Terms and Conditions:

The HCC Terms and Conditions of Purchase Order shall govern any Purchase Order issued as a result of this solicitation.

Bidders may offer for HCC's consideration alternate provisions to the Terms and Conditions. Alternates proposed must refer to the specific article(s) or section(s) concerned. General exceptions such as “company standard sales terms apply" or "will negotiate" are not acceptable. Bidder's silence as to the terms and conditions shall be construed as an Indication of complete acceptance of these conditions as written.

5.28 Submission Waiver:

By submitting a response to this Solicitation, the Offeror or respondent agrees to waive any claim it has or may have against Houston Community College System and its trustees, employees or agents arising out of or in connection with (1) the Administration, evaluation or recommendation of any offer or response; (2) any requirements under the solicitation, the solicitation or response package or related documents; (3) the rejection of any offer or any response or any part of any offer or response; and/or (4) the award of a contract, if any.

5.29 Indemnification:

Contractor shall indemnify, pay for the defense of, and hold harmless the College and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of Contractor’s negligence, recklessness, or willful acts and/or omission in rendering any services hereunder. Contractor shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, Workers' Compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning Contractor or any employee and shall further indemnify, pay for the defense of, and hold harmless the College of and from any such payment or liability arising out of or in any manner connected with Contractor’s performance under this Agreement.

5.30 Delegation:

Unless delegated, HCC Board of Trustees must approve all contracts valued at over $100,000. The Board has granted the Chancellor authority to initiate and execute contracts valued up to $100,000. The procurement of goods and services, including professional services and construction services shall be completed as per any applicable HCC policy and procedure and shall be in accordance with Section 44.031 of the Texas Education Code for the purchase of goods and services, Section 2254 of the Texas Government Code for the purchase of Professional and Consulting Services, and Section 2269 of the Texas Government Code for the purchase of construction services. The Board delegates its authority to the administration and the designated evaluation committee to evaluate score and rank the proposals.

This includes the evaluation of all bids, proposals, or statements of qualification under procurement, regardless of contract amount, including the final ranking and selection which shall be made on the evaluation and scoring as per the published selection criteria and the final evaluation ranking. The Board of Trustees shall approve the final award of contracts to the firm based on the published selection criteria and as evidenced in the final evaluation, scoring and ranking.

5.31 Invoice:

To facilitate payment, invoices for goods or services delivered in accordance with the resulting contract and purchase order shall be emailed to the Accounts Payable Department with copy to the Small Business Development Program. Pursuant to Texas Law, payment terms shall be net thirty (30) days.

All invoices shall include certified documentation noting any small business participation activity including but not limited to: small business firm’s name, certification number, certification expiration date, description of work performed for the corresponding period noted on the invoice and amount being paid to the certified small business.

Such documentation shall be certified by the small business and be used to monitor the ongoing small business commitment in accordance with the original proposed commitment and governing contract.

5.32 Cooperative Purchasing Agreement:

As permitted under Interlocal Cooperation Act C Texas Government Code, Chapter 791, other governmental entities may wish to also participate under the same terms and conditions contained in this contract. If this solicitation does not specifically list additional entities, each entity wishing to participate must have prior authorization from Houston Community College and the vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring the goods or services. Houston Community College shall not be held responsible for any orders placed, deliveries made or payment for goods or services ordered by the entities. Proposer is to state their willingness to allow other governmental entities to participate in this contract, if awarded.

5.33 W9 Form

Bidder shall include a W9 Form with their bid submission. This may be done electronically by clicking on the "Response attachments" tab and clicking on *New under "Response Attachments". I acknowledge that a copy of my company's W9 Form has been included with this submission.

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PROPOSERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFQ CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED
5.1 General Information
5.2 Overview
5.3 Award / Contract Approval
5.4 Pre-Proposal Meeting
5.5 HCC Contact
5.6 Inquiries and Interpretations
5.7 Commitment
5.8 Acquisition from Other Sources
5.9 Vendor Registration
5.11 Contract Award
5.13 Oral Presentations:
5.14 Small Business Development Program (SBDP):
5.15 Prime Contractor/Contracts for Services:
5.16 Internship Program:
5.17 Prohibited Communications and Political Contributions:
5.18 Drug Policy:
5.19 Taxes:
5.20 Texas Public Information Act:
5.21 Appropriated Funds:
5.22 Conflict of Interest:
5.23 Ethics Conduct:
5.24 No Third Party Rights:
5.25 Withdrawal or Modification:
5.26 Validity Period:
5.27 Terms and Conditions:
5.28 Submission Waiver:
5.29 Indemnification:
5.30 Delegation:
5.31 Invoice:
5.32 Cooperative Purchasing Agreement:
5.33 W9 Form

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File details come from the government source that posted it. Updated .