ESBD_File_344033_TTU RFP 2024-1086 Pyrotechnic Services.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

1:00 PM Central, 1/12/2024

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1086

Pyrotechnic Services https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP for Pyrotechnic Services

Rev. February 1, 2022 Page 2 of 18

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 Introduction

1.2 Primary Contact

1.3 Scope of Goods or Services

1.4 Proposal Submittal Requirements

1.5 Event Information

1.6 Term of Award

1.7 Historically Underutilized Business ("HUB") Firms

1.8 HUB Subcontracting Plan

1.9 Right to Modify, Rescind, or Revoke the RFP

1.10 Signature and Certification of Proposer

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents' Rules, and TTU Operating Policies and Procedures

1.12 Compliance with RFP Requirements

1.13 Right of Rejection

1.14 Binding Effect of Proposal

1.15 Use and Disclosure of Information

1.16 Group Purchase Authority

1.17 E-commerce

1.18 Withdrawal or Modification

1.19 Risk of Loss, Damage, or Delay

1.20 Digital Signature

1.21 Insurance Requirements

SECTION 2: SCOPE OF WORK

2.1 Objectives

2.2 Project Details

2.3 Mandatory Requirements/Conditions

2.4 Timeline

2.5 Compensation and Fees

2.6 Invoicing and Payment

2.7 Alternate Proposals

SECTION 3: EVALUATION CRITERIA FOR AWARD

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

3.11 Not Exclusive

APPENDIX A: DEFINITIONS

Rev. February 1, 2022 Page 3 of 18

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Tech University ("TTU") is seeking competitive Responses to a Request for Proposal ("RFP") for Pyrotechnic Services. This RFP provides sufficient information for interested parties to prepare and submit Proposals for consideration by TTU. Additional information may be made available by written request to the Primary Contact identified in Section 1.2.

1.2 Primary Contact ("Primary Contact")

Crystal Lopez Solicitations.purchasing@ttu.edu Texas Tech University TTU Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

1.2.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTU Primary Contact.

1.2.2 Except as provided in this RFP (e.g., designated Point of Contact) and as otherwise necessary for the conduct of existing TTU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTU personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that TTU determines is contrary to the prohibitions outlined in this section, TTU may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

1.3 Scope of Goods or Services

TTU is seeking a qualified Proposer(s) to provide firework displays (“Services”) for TTU Events. The displays will be located at the TTU Lubbock campus. Services will include, but are not limited to, firework display logistics, including acquiring applicable permits, adhering to safety precautions, and setting up, firing, and dismantling all products and necessary equipment used in or for the displays. Services may be requested by TTU Athletics and any other TTU department for any purpose.

1.4 Proposal Submittal Requirements

1.4.1 By submitting a Proposal, the Proposer(s) certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Goods or Services to be provided, and the conditions under which the Goods or Services are to be performed. The Proposer(s) also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for award by TTU, the Proposer(s) will notify TTU immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

1.4.2 Submittal Instructions for TechBid Proposals

https://www.ttu.edu/about/ mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu

Rev. February 1, 2022 Page 4 of 18

TTU requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

TTU recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

1. Pricing Schedule (Attachment A)

2. Proposer Response Form

3. Signed Affirmation and Conflict of Interest

1.5 Event Information

1.5.1 Schedule of Events

TTU intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP December 4, 2023

1:00 PM

Central

Deadline for Submission of Written Questions

December 15, 2023

1:00 PM

Central

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date January 12, 2024

Central

Online Proposal Opening January 12, 2024

Central

Online Proposal Opening

Evaluation of Proposals February 2024-May 2024

Award Recommendation November 1, 2024

* All dates are tentative and subject to change.

1.5.2 Solicitation Conference

A Solicitation Conference will not be conducted for this RFP.

1.5.3 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWY2Y2U4ZmEtNGMxZC00Y2U1LThkODctYjM4YjFjNjAyOTlj%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%227d22b15a-69c2-43b3-a665-5b45f3408391%22%7d

Rev. February 1, 2022 Page 5 of 18

In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

1.6 Term of Award

The maximum term for an awarded Contract under this RFP is anticipated to begin (November 1, 2024) or the date of the last signature, whichever is later, and to expire four (4) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to four (4) one (1) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days prior to the end of the initial or then current renewal term. The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed four (4) years total term with renewals.

1.7 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Goods or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

1.8 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are either no subcontracting opportunities in the performance of the Scope of Work of this Solicitation or any resulting Contract is not anticipated to exceed $100,000.00 over the term, including all renewals and extensions. Consequently, the Proposer(s) is not required to submit an HSP with the Solicitation response.

However, if the Proposer(s) discovers opportunities to subcontract and the resulting Contract is anticipated to exceed $100,000.00 over the term, including all renewals and extensions, the Proposer(s) must submit a completed HSP at the time of the Proposal submission. The Proposer(s) must include a completed HSP even if the Proposer(s) intends to self-perform. Any required supporting documentation (e.g., proof of Good Faith Effort) must be submitted with the

HSP.

1.8.1 HSP Resources

▪ HSP preparation assistance: solicitations.purchasing@ttu.edu.

▪ Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

▪ State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Rev. February 1, 2022 Page 6 of 18

1.8.2 TTU’s FY 2024 HUB Goals are:

15.10% for all other services contracts

1.9 Right to Modify, Rescind, or Revoke the RFP

TTU reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which TTU executes a Contract with the selected Proposer(s).

1.10 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer(s) who is legally authorized to bind the Proposer(s) to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal. Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and TTU

Operating Policies and Procedures

By submitting a Proposal, the Proposer(s) agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

1.12 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer(s) agrees to be bound by the requirements set forth in this RFP, TTU’s General Terms and Conditions contained in the RFP, as well as the TTU Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTU. If the Proposer(s) takes exception to any of the terms or cannot agree to be bound by all terms, TTU, at its sole discretion, may review and, if deemed in TTU’s best interest, disqualify the Proposal from consideration.

1.13 Right of Rejection

This RFP does not commit TTU to select a Proposer(s) or to award a Contract to any Proposer(s). TTU reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Contractor from future TTU Solicitations.

TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal.

TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

1.14 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Chief Procurement Officer, or their designee, each Proposer agrees http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 1, 2022 Page 7 of 18 to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for Goods or Services. Proposals shall be valid for TTU’s acceptance for a minimum of two hundred and seventy (270) days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays.

Proposals, if accepted, shall remain valid for the duration of the Contract.

1.15 Use and Disclosure of Information

Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

TTU reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

1.16 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that TTU may procure Goods or Services for itself or on behalf of any TTU System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

1.17 E-commerce

TTU utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTU requirements for participating in electronic commerce.

1.18 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Chief Procurement Officer.

However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals.

Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTU.

1.19 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at TTU, as detailed in this RFP.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. February 1, 2022 Page 8 of 18

1.20 Digital Signature

Proposers must sign documents and correspondence using software approved by the TTU. To be approved by TTU, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. TTU utilizes Adobe Sign for its signature process. TTU will support other digital signature platforms as long as they comply with this policy.

1.21 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

TTU in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTU maintains.

1.21.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability Workers Compensation (Coverage A) Statutory Employer’s Liability (Coverage B) $1,000,000 Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles) Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

1.21.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

1.21.2.1 If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

1.21.2.2 Contractor will name TTU, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

1.21.2.3 The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

1.21.3 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring TTU. With the exception of the Workers' Compensation policy, TTU must be an additional insured on all policies.

http://www.texas-statutes.com/insurance-code

Rev. February 1, 2022 Page 9 of 18

1.21.4 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to TTU, certifying that the Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement Services at procurement.insurance@ttu.edu. Failure of TTU to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

1.21.5 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTU. If the Contractor fails to obtain such an insurance policy, TTU may immediately terminate the Contract after providing the Contractor with notice of such termination.

mailto:procurement.insurance@ttu.edu

Rev. February 1, 2022 Page 10 of 18

SECTION 2

SCOPE OF

WORK

2.1 Objectives

TTU is seeking a qualified Proposer(s) to provide firework displays (“Services”) for TTU Events. Services will include, but are not limited to, firework display logistics, including acquiring applicable permits, adhering to safety precautions, and setting up, firing, and dismantling all products and necessary equipment used in or for the displays. Services may be requested by TTU Athletics, the TTU President’s Office, and other TTU departments for any purpose. “Events” may include, but are not limited to, sporting events, theatrical performances, outdoor activities, and any other activity or circumstance that TTU defines as an Event.

2.2 Project Details

TTU Athletics, the TTU President’s Office and/or any TTU department may request Services at Events including, but not limited to, football games, men’s and women’s basketball games, and other outdoor and indoor events. The firework display may take place during team entrances, the National Anthem, player introductions, and key moments of sporting events including victory celebrations. Event firework displays help engage fans and create a memorable experience for fans and participants.

2.3 Mandatory Requirements/Conditions

• Proposer(s) shall provide an account manager that will respond to requests, questions, comments, and concerns from TTU within one (1) hour of the initial request on days of Events and within twenty-four

(24) hours of the initial request otherwise.

• Proposer(s) must obtain the appropriate permit from the Texas Tech Fire Marshall’s Office 30 days prior to the event.

• Proposer(s) shall provide a copy of the Fireworks Display, Pyrotechnic, Special effects permits, and Flame Effects Permit to TTU a minimum of twenty-four (24) hours prior to each Event.

• Proposer(s) shall comply with OP 61.02 Use of University Grounds, Facilities, and Amplification Equipment.

• Proposer(s) shall comply with National Fire Protection Association (“NFPA”) Standard 1123 and NFPA Standard 1126.

• Proposer(s) shall pay a permit fee each year to the Texas Tech University Fire Marshal’s Office. This will cover that specific event. Major event permit fees are listed below. Permit fees are subject to change per the Texas Tech Fire Marshall’s Office.

o Football Season in the amount of $1,000.00 o Basketball Season in the amount of $1,000.00 o Carol of Lights in the amount of $1,000.00

• The Texas Tech University Fire Marshal’s Office is the Authority Having Jurisdiction.

o All plans and uses must be approved through the Texas Tech University Fire Marshal’s Office.

o The Texas Tech University Fire Marshal’s Office will provide a list of guidelines upon approval of the Services and once the required permit is obtained.

o Proposer(s) shall contact the Texas Tech University Fire Marshal’s Office to discuss any changes from the original approved plan.

• Proposer(s) shall employ a minimum of two (2) Texas flame effects operator’s licensees.

o One (1) Texas flame effects operator’s licensee must be present on-site for each Event.

• Proposer(s) shall provide an efficient amount of personnel that are properly trained and/or certified in pyrotechnic work for Events.

• Proposer(s) shall provide all personnel, equipment, and supplies to perform Services.

• Proposer(s) shall provide safe delivery to the point of fire. No transportation or storage will be provided by TTU.

• Proposer(s) will be responsible for material set-up, display, and clean-up.

https://www.depts.ttu.edu/opmanual/OP61.02.php https://www.depts.ttu.edu/opmanual/OP61.02.php

Rev. February 1, 2022 Page 11 of 18

• Fireworks shall be on-site no later than three (4) hours before the start of Events.

o Arrival time may vary depending on the scheduled Event.

• Fireworks shall not be left unattended while on TTU property.

• Proposer(s) shall provide a complete description of the display to be provided a minimum of two

(2) weeks prior to the date of Events.

• Proposer(s) shall have a minimum of four (4) years of experience in providing Services including providing Services in an inside, arena environment.

• Upon completion of the fireworks show, Proposer(s) shall participate in an inspection of the grounds to locate and identify any unexploded shells.

• Proposer(s) shall provide and have on site fire extinguishers appropriate as to size and purpose.

• TTU will have the sole discretion of event cancellation based on inclement weather, wind, crowd issues, security, etc.

o In the event of a cancellation, the Proposer(s) will be responsible for obtaining their products and equipment from the display site.

Proposer(s) must be available on the back-up Event date following the cancellation of the initial display date.

2.4 Timeline

TTU Athletics and TTU President’s Office will provide a schedule of known Events requiring pyrotechnic Services.

Proposer(s) shall have all necessary permits secured thirty (30) days prior to each display date.

2.5 Compensation and Fees

2.5.1 Provide a detailed compensation schedule for the Goods provided or Services to be performed in response to this RFP. Proposed pricing will apply to every TTU department requesting Goods or Services and cannot be limited to select departments. Proposer(s) shall submit a schedule that clearly details the various compensation amounts and fees that will apply if the Proposer is awarded a Contract with TTU. TTU will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

2.5.2 Contract Pricing: Contract prices for Goods or Services will remain firm for twenty-four (24) months following Contract execution.

2.5.2.1 After the initial twenty-four (24) month period and on each annual anniversary date of the Contract thereafter, the Contract may be subject to an increase not to exceed three percent (3%). The first escalation would be applicable on the second anniversary of the Contract or the renewal date, based upon the three percent (3%) increase listed above. Each succeeding year, the same three percent (3%) increase will be used until all remaining optional renewals have been completed.

2.5.2.2 In the event there is a significant reduction in costs of materials or labor, TTU will work with the Proposer to negotiate a reasonable increase less than the standard three percent (3%).

2.6 Invoicing and Payment

2.6.1 Proposer(s) shall submit invoices by electronic means to TTU Payment Strategies (payment.strategies@ttu.edu) and provide support for allocation of premium to the components as may be required.

2.6.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid TTU Purchase Order, or the invoice will be returned as non-compliant. No commitment for Goods or Services is valid without a TTU Purchase Order.

2.6.3 Proposer(s) may submit a Proposal for a prompt payment discount.

2.6.4 TTU has established the following payment schedule for invoices based upon the payment option chosen by the Proposer:

• Automated Clearing House (“ACH”) transaction

• Single-Use Account (“SUA”) card (JP Morgan)

Rev. February 1, 2022 Page 12 of 18

* If TTU is making payment on funds appropriated by the State of Texas, the payment term is net thirty

(30) as required by law. TTU will submit an electronic check remittance to the email address on record for all ACH and SUA payments.

2.7 Alternate Proposals

TTU may consider alternate Proposals submitted by Proposer that expand or differ from these specifications.

Proposers submitting alternate Proposals should (i) clearly identify any exceptions taken to the Specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. The Proposer may suggest additions to the specifications set forth in this RFP, and all such suggestions must be clearly defined. Alternate Proposals should be submitted as attachments to the Proposal. Alternate Proposals shall meet the same mandatory requirements and shall be in the same format as the Proposal’s base format.

Note: If requesting that samples of Goods to be submitted with the Proposals, clearly define how the samples will be handled (i.e., will they be returned, who will pay for the samples, etc.).

Rev. February 1, 2022 Page 13 of 18

SECTION 3

EVALUATION AND AWARD PROCESS

3.1 Evaluation Process

TTU will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTU, and the judgment in this regard shall be considered final.

Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to TTU.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTU may consider:

1. The purchase price;

2. The reputation of the Contractor and of the Contractor’s Goods or Services;

3. The quality of the Contractor’s Goods or Services;

4. The extent to which the Goods or Services meet the TTU’s needs;

5. The Contractor’s past relationship with TTU;

6. The impact on the ability of TTU to comply with laws and rules relating to Historically Underutilized Businesses and to the Procurement of Goods or Services from Persons with disabilities;

7. The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

8. Any other relevant factor that a private business entity would consider in selecting a Contractor; and

9. The use of material in construction or repair to real property that is not proprietary to a single vendor unless TTU provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that some subjective judgments must be made by TTU during the awarding of evaluation criteria points.

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTU’s requirements and provide the Best Value to TTU. The Proposal shall be awarded points to each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points

Allowed

Criteria 1: Financial Value - Financial costs and/or benefits to the University

• Cost of goods and/or services

• Cost of agreements, licenses, or support

• Warranties

• Installation costs and/or implementation fees

• Other financial consideration

35%

Criteria 2: Demonstrated ability of the Proposer to fulfill the TTUS’ requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Project Schedules/estimated time to perform services or installation time

• Quality, availability, and adaptability or Proposer’s supplies, materials, and equipment

• Stability and success of the Proposer’s business including but not limited to:

o Past performance on similar projects (based on references and publicly available information) o Length of time the business has been operational

35%

Rev. February 1, 2022 Page 14 of 18 o Demonstrated capability and financial resources to perform the services or provide the goods in the time projected o Pending or past legal proceedings

Criteria 3: Value Added Options

• Ability to provide innovative ideas/resources for TTUS process improvement

• Minimization of TTUS resource use 15%

Criteria 4: Quality assurance plan and control measures implemented and maintained by the Contractor

• Methodology for performing services and project planning

• Customer Service Program

• Ability to comply with Texas laws

10%

Criteria 5: The Proposer’s ability to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities.

5%

TOTAL 100%

3.4 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0 -10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

3.5 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the Proposal information to TTU.

3.6 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.7 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at TTU’s sole option and discretion, TTU may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.8 Best and Final Offer

When deemed appropriate by the Contract Review Team, after the submission of Proposals but before the final selection of the successful Proposal(s), TTU may permit Proposers to revise their Proposals in order for TTU to obtain a best and final offer. TTU is not bound to accept the best and final offer if it does not represent the Best Value to TTU as determined by the Contract Review Team.

Rev. February 1, 2022 Page 15 of 18

3.9 Protest Procedures

Any actual or prospective Proposer or Contractor who believes they have been aggrieved in connection with the

Solicitation, evaluation, or Award of a Contract may formally protest to the Chief Procurement Officer.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

3.10 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, and a written Contract (if applicable).

When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents.

3.11 Not Exclusive

Contractor acknowledges and agrees that the Contract with TTU is non-exclusive and TTU has the right to engage with other contractors for similar or identical scopes of work, and to purchase similar or identical Services from other contractors. Any term or provision in the Contractor Terms indicating the Contract is exclusive is expressly rejected and is null and void.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

Rev. February 1, 2022 Page 16 of 18

APPENDIX A

DEFINITIONS

Addendum: A written change, addition, alteration, correction, or revision to a Solicitation document or a Contract.

Amendment: An agreed addition to, deletion from, correction, or modification of a Contract signed by all authorized parties. An Amendment may include renewal or extension of a Contract.

Assignment: An authorized legal transfer of contractual rights from one party to another party.

Award: The act of accepting a Bid, Proposal, or Offer, thereby resulting in a Contract or Purchase Order between TTU and the Contractor.

Best Value: The factors to be considered in determining the best overall value for TTU per Texas Education Code §51.9335(b).

Comptroller: The Texas Comptroller of Public Accounts.

Conflict of Interest: A Conflict of Interest refers to a situation in which an employee's financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of influencing, the TTU employee's judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to TTU (see TTU OP 10.20).

Contract: A legally binding written agreement executed between TTU and a second party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to, letter agreements, cooperative agreements, memorandums of understanding ("MOU"), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders (see Regents’ Rules Chapter 07).

Contract Administration: Following the contract award, the TTU requesting department-level actions to oversee full compliance with all of the terms and conditions contained within a Contract.

Contract Administrator: The Contract Administrator is the department-level individual responsible for adherence to all provisions contained within a Contract and for managing the performance of the Contract.

Contract Close-out: The process conducted upon completion of the Contract during which the Contract Administrator confirms and documents compliance with the terms and conditions of the Contract, final deliverables are received, and outstanding payments processed.

Contract Management: The complete contract process from planning through Contract close-out.

Contract Review Team: A team comprised of such members as the Contract Manager, the Contract Administrator, and, as needed, cross-functional members such as subject matter experts, information technology, risk management, legal, and price/cost analysts. The size and the members of the team are dependent on the nature and complexity of the project.

Contractor: An entity or individual contracted to provide Goods or Services to TTU. For this RFP, Contractor is used interchangeably with the term “Proposer.” In some instances, the Contractor may be referred to as the supplier.

Escalation Clause: A provision in a Contract that allows for increasing or decreasing the Contract price for Goods or Services in step with market prices, an agreed-upon benchmark such as the consumer price index (“CPI”), or when maintenance and operating costs increase or decrease.

Fiscal Year (“FY”): The twelve (12) month period starting September 1 and closing on August 31 that is consistent with the State’s annual budget.

Goods: Includes salable or usable items such as supplies, materials, merchandise, consumables, commodities, solutions, manufactured items, or equipment. Goods do not include Services or real property.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.depts.ttu.edu/opmanual/OP10.20.pdf http://www.depts.ttu.edu/oppol/Chapter07.pdf

Rev. February 1, 2022 Page 17 of 18

Liquidated Damages: A specified Contract provision that entitles TTU to demand a set monetary amount determined to be a reasonable estimate of damages TTU will incur due to the Contractor’s failure to meet Contract requirements.

Negotiations: Conferring, discussing, or bargaining to reach a mutual agreement between two or more parties.

Originating Department: The TTU department from which a Solicitation or Procurement request originates and is responsible for the Contract Administration.

Procurement (“Procure”): Purchasing, renting, leasing, or otherwise acquiring any Goods or Services, including all functions that pertain to the acquisition through Contract Close-out.

Proposal: A Response to a Request for Proposals (“RFP”) and intended to be used as a basis to negotiate a Contract award.

Proposal Opening: The public opening of Proposals, in which the names of the Proposers to a Solicitation are publicly read and recorded. No prices are divulged at a Proposal Opening as these types of Solicitations are subject to Negotiations.

Proposer: An entity submitting a Proposal to a Request for Proposal. The term includes anyone authorized to act on behalf of the individual or other entity that submits a Proposal, such as agents, employees, and representatives.

Purchase Order: A legal document issued to the Contractor used to formalize the terms and conditions of any purchase of Goods or Services.

Regents’ Rules: Rules established by the TTU System Board of Regents that govern all TTUS component Institutions. http://www.texastech.edu/board-of-regents/regents-rules.php

Renewal: The process where an existing Contract is renewed for an additional period per the terms and conditions of the original Contract.

Request for Proposal (“RFP”): A Solicitation requesting submittal of a Proposal in response to the required Specifications and usually includes some form of a cost Proposal. The RFP process allows for Negotiations between a Proposer and the issuing Institution.

Responsible: A Proposer who is fully capable of meeting all of the financial and technical requirements of a Solicitation and any subsequent Contract.

Responsive: The Proposer has complied with all material aspects of the Solicitation, including submission of all required documents in accordance with the Specifications.

Scope of Work (or “SOW”): A detailed, written description of the conceptual requirements contained within the Specifications.

Scoring Matrix: A chart used to document the evaluation criteria of a Proposal.

Service(s): The furnishing of labor, time, and effort by a Contractor or auxiliary enterprise, including a construction project, which may involve, to a lesser degree, the delivery or supply of Goods.

Solicitation: A method or process used to obtain Responses for the purpose of gathering information or entering into a Contract.

Solicitation Conference: A meeting chaired by the Procurement Services Office designed to help potential Proposers understand the requirements of a Solicitation. It may also be known as a Pre-proposal Conference.

Specification(s): Description of the requirements for Goods or Services, including the Scope of Work, to be fulfilled by a Contractor.

http://www.texastech.edu/board-of-regents/regents-rules.php

Rev. February 1, 2022 Page 18 of 18

State: The State of Texas.

Statute: A law enacted by a legislature.

Subcontractor: An individual or business entity retained by a Contractor to perform part of a Contractor’s duties under a Contract.

TTUS: The Texas Tech University System and shall include the component institutions Texas Tech University, Texas Tech University Health Sciences Center, Texas Tech University Health Sciences Center El Paso, Angelo State University, and Midwestern State University.

TechBid: TTU’s online system Procurement notification and submittal system.

Vendor (Contractor) Debarment: The status of any Vendor debarred from conducting business with TTU by either the Texas Comptroller or the federal government. Debarment protects the State from risks associated with awarding Contracts to Contractors who have exhibited an inability or unwillingness to fulfill contractual requirements or who have displayed improper conduct. Debarment may include a Contractor’s successors-in-interest. Debarment does not relieve the Contractor from responsibility for fulfilling existing obligations.