ESBD_File_344083_717-24-713, ITB for iPEMS.pdf

ITB Number: 717-24-713 for iPEMS Return Bid to:

ISSUANCE DATE: Tuesday, December 5, 2023 Texas Southern University Procurement Services – Purchasing OPENING DATE: Tuesday, December 19, 2023 3100 Cleburne Street, Room HH333 Houston, TX 77004 OPENING TIME: 11:00 a.m. Central Time

Under Section 231.006, Family Code, the Texas Vendor ID or FEI No. Vendor certifies that the individual or business entity named in this contract, offer, or application is not ineligible to receive the COMPANY NAME specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if ADDRESS this certification is inaccurate.

CITY STATE ZIP If the paragraph above is applicable, provide names and social security number of each person with at least 25% ownership. Vendors PHONE NUMBER EMAIL ADDRESS that pre-registered this information on the

Texas Procurement and Support Services Centralized Master Bidders List have satisfied

This Vendor agrees to comply with all conditions AUTHORIZED SIGNATURE DATE shown on this form.

FAILURE TO MANUALLY SIGN WILL

TYPE OR PRINT NAME OF SIGNER DISQUALIFY BID

E-MAIL ADDRESS ________________________________

QUOTE F.O.B. DESTINATION PREPAID & ALLOWED Check below if preference is claimed under Rule 1 TAC 113.8 DELIVERY TIME DAYS [ ] Produced in Texas and/or Texas bidder [ ] Texas agricultural products TERMS OF PAYMENT: NET____DAYS [ ] USA produced supplies, materials or Equipment FREIGHT CHARGES: [ ] Historically Underutilized Business Certified If quoting other than F.O.B. Destination Prepaid and by the TX Procurement and Support Services Allowed, indicate all freight charges. [ ] Products of persons with mental or physical Disabilities [ ] Products made of recycled materials TOTAL AMOUNT OF BID: [ ] Energy efficient products

Thomas Britt thomas.britt@tsu.edu 713-313-1963 http://www.tsu.edu/

Invitation to Bid # 717-24-713

Integrated Portable Emissions Measurement System (iPEMS)

Texas Southern University desires to enter into a contract awarded to the company(s) offering the most advantageous proposition to the institution. Bids must be plainly marked on the envelope container or package, with the offer number and opening date.

Texas Southern University (TSU) is a comprehensive, special-purpose institution providing higher education access to the nation’s underserved communities. TSU’s academic and research programs address critical urban issues, and prepares its diverse student population to become a force for positive change in a global society. TSU offers more than 100 undergraduate and graduate programs and concentrations – bachelor’s, master’s, doctoral and professional degrees – organized into 10 colleges and schools on a 150-acre campus nestled in the heart of Houston’s historic Third Ward. The University’s enrollment has a population of more than 10,000 undergraduate and graduate-school academic candidates. Texas Southern has been a distinguished educational pioneer since 1927, and the University has become one of the most diverse and respected institutions in Texas. TSU has positioned itself as a proactive leader in educating underserved students and many who are the first in their family to attend college.

Sealed bids will be received by the Purchasing Department, and opened at 11:00 a.m.; Tuesday, December 19, 2023 at Texas Southern University, Procurement Services, 3100 Cleburne, Room 333E; Houston, Texas, 77004.

BID DELIVERY

TSU Purchasing Office, 3100 Cleburne Street, Hannah Hall, suite 333E, Houston, TX 77004

PLEASE INFORM YOUR CARRIER SERVICE TO BRING YOUR BID RESPONSE TO THE PURCHASING

OFFICE IN HANNAH HALL, room 333, NOT OUR POST OFFICE, if at all possible.

ADDITIONAL COPIES

Texas Southern University requests that bidders submit one (1) paper original and one (1) paper copy of bid response for the purpose of evaluation by multiple parties. Please clearly mark the original copy of your offer.

Please also send a flash drive version of your entire bid response for electronic storage.

EQUAL OPPORTUNITY

Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this Contract.

NNOONN--DDIISSCCRRIIMMIINNAATTIIOONN

The (Recipient), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.252, 42U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered onto pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

PPUUBBLLIICC IINNFFOORRMMAATTIIOONN

TSU 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.)

after a contract is awarded. Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of ITB information.

WAIVER OF INCONSISTENCIES

The University reserves the right to waive any and all minor technical inconsistencies in evaluating the proposal responses.

INCURRED EXPENSES

Any and all expenses incurred in response to this proposal are entirely the responsibility of the contractor.

Neither the University, nor the State of Texas, is liable in any manner.

EQUIVALENT SUBSTITUTES

These specifications are used to show a level of quality and workmanship that we require of the items in the bid, but they are not exclusive. We will consider alternative manufacturers, types, makes and models. We reserve the right to determine to what degree any substitute item is equal to and/or equivalent to the items specified.

INQUIRIES

All inquiries regarding this Invitation to Bid must be submitted via email by Tuesday, December 12, 2023 by 12:00 noon Central time. The University will not accept questions after this date and time. Please submit your questions in Word format for ease of cutting and pasting. All inquiries will result in written responses posted to the Electronic State Business Daily, available at http://esbd.cpa.state.tx.us., and the TSU Purchasing website. Questions must be emailed to Thomas Britt at thomas.britt@tsu.edu to be considered.

ADDENDA, CHANGES AND MODIFICATIONS TO THIS BID

It is the bidder's responsibility to periodically check the Electronic State Business Daily Website and the TSU Purchasing website up until the offer opening time for any changes, modifications or addenda to this offer.

Receipt of all addenda to this ITB should be acknowledged by returning a signed copy of each addendum with the submitted Bid. Failure to do so could result in an offer submission that cannot be considered

REFERENCES

Vendors responding to this bid must be prepared, if asked pre-award, to submit a list of at least three references your company has successfully provided products for projects of this type and magnitude. The list must include the client’s name, address, telephone number, a contact person, and a brief description of the particular type of project completed. The University shall not be confined to this list if it deems further reference investigation necessary.

HUB Subcontracting Plan (HSP)

In accordance with Gov’t Code §2161.252, Texas Southern University has determined that subcontracting opportunities are not probable under this contract. Therefore, respondents, including State of Texas certified Historically Underutilized Businesses (HUBs), do not have to submit a State of Texas HUB Subcontracting Plan (HSP) with their solicitation response.

http://esbd.cpa.state.tx.us/ mailto:thomas.britt@tsu.edu

SUBCONTRACTORS

Subcontractors providing services under a Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

AWARD

Texas Southern University intends to award in such a way as to gain the greatest benefit to the end result of this project and therefore the University. Texas Southern University will be the sole judge of what constitutes the most advantageous proposition to the University. The University reserves the right to have multiple awards if it deems most advantageous to TSU.

CRITERIA FOR AWARD

The evaluation of the bid will include the overall response to the bid, and will include, but is not limited to the “Best Value Standard for Purchase of Goods or Services” and any other factor Texas Southern University deems relevant. The University must be confident that their needs can be met. The University will evaluate and make the award on the offer that is determined to be the best value to the University based on the criteria listed below. All bids must be complete and convey all of the information requested to be considered responsive.

Considerations for award of this contract will include the factors in accordance with Government Code

2155.074. Best Value Standard for Purchase of Goods or Services are as follows:

(a) For a purchase of goods and services under this chapter, each state agency, including Texas Southern University and shall purchase goods and services that provide the best value for the state.

(b) In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the Texas Procurement and Support Services or other state agency may, subject to Subsection (c) and Section 2155.075, consider other relevant factors, including:

(1) Proposed costs

(2) Stability and success of contractor’s business

(3) Quality and reliability of the goods and services

(4) Delivery terms and proposed transition plan

(5) Indicators of probable contractor performance under the contract such as past contractor performance, the contractor's financial resources and ability to perform, the contractor's experience or demonstrated capability and responsibility, and the contractor's ability to provide reliable maintenance agreements and support

(6) Other factors relevant to determining the best value for the state in the context of a particular purchase

Added by Acts 1997, 75th Leg., ch. 1206, § 6, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 1422, § 14.16, eff. Sept. 1, 2001.

PUBLICITY

Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.

BID TABULATION

Electronic copy of the submittal tabulation sheet will be made available after the scheduled public bid opening per request through Purchasing. Only names of respondents and total bid price will be released to the public at the public bid opening. All other information will be kept confidential until after successful contract award.

TERM

This solicitation is for a one-time purchase of an iPEMS.

SEVERABILITY

In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.

GOVERNING LAW

This Contract, including, without limitation, this ITB and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.

HOUSE BILL 1295

The awarded vendor may be required to submit the State of Texas House Bill 1295 certificate for Interested Parties if over $100,000; unless you are a publicly traded company. Please familiarize yourself with this procedure.

FIRM PRICING

Prices contracted for are to be guaranteed firm pricing for ninety (90) days.

BRAND NEW

All items must be brand new and in current production, not used nor refurbished.

TERMINATION FOR FAILURE TO MEET SPECIFIED DELIVERY

Should the contractor consistently fail to meet the specified delivery, Texas Southern University reserves the right to cancel upon 10 days written notice. Texas Southern University specifically reserves the right to purchase these items elsewhere when delivery cannot be met and Texas Southern University deems it necessary to override the contractual agreement.

RIGHT TO TERMINATE

The University reserves the right to terminate this contract or any portion thereof on thirty (30) days written notice. Grounds for cancellation shall include, but are not limited to the following:

1) Failure to provide timely prompt service, and

2) Failure to provide quality products.

The University shall be the sole judge of acceptable service as indicated above.

TERMINATION

For termination which is not based upon cause, thirty (30) day written notice shall be given to the contractor.

AMENDMENTS

This Contract may be amended only upon written agreement between Texas Southern University and Contractor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void.

WARRANTY/GUARANTEE CLAUSE

Acceptance of a contract by a bidder shall include acceptance of the following guarantees:

• Any items rejected by Texas Southern University within one (1) year of date of receipt will be replaced or a refund made by the contractor within thirty (30) days after notification to contractor. All shipping costs will be borne by the contractor. This includes items purchased for warehouse stock, which subsequently, upon issue, are found to be defective/broken.

• If the item does not perform as represented by the seller, does not meet acceptable commercial standards, or if the delivery dates are not as requested by Texas Southern University, Texas Southern University may cancel this agreement without obligation at any time and without advance notice.

• Warrant that the merchandise bid is free from defects in material and workmanship and agrees to repair or replace promptly on a one for one basis without additional cost to the Texas Southern University during the one (1) year period, any and all items failing, except those failures attributable due to accident, fire, or negligence on the part of operating (using) consumers/staff.

• This warranty/guarantee is not the exclusive remedy of the State of Texas, but is in addition to the general obligations of the Contractor to faithfully perform the contract and it in no way limits the responsibility of the Contractor for faulty design, manufacture or assembly of the equipment.

• Neither the final payment nor any provisions of the contract documents shall relieve the Contractor of responsibility for faulty materials, design, workmanship, manufacture or assembly. If the Contractor after due notice, fails to proceed promptly to comply with the terms of the warranty/guarantee, the State of Texas may, at its option, have the defects corrected or items replaced from the best available source and the Contractor and/or it’s surety shall be liable for all expenses incurred by the State.

• Guarantees the merchandise to be first quality grade in the field and that merchandise bid has been sold in commercial trade. Bidder further guarantees that merchandise bid is of normal production.

PROTECTION OF PROPERTY

Vendors shall at all times guard against damage or loss to TSU property, or property of other vendors, suppliers or contractors; and shall be responsible for replacing or repairing said property, or pay for the cost of repairs or replacement of any such loss or damage. The University may require payment or require such additions and/or adjustments to the Vendor’s assessment to ensure reimbursement or replacement for such loss or damage to property incurred by the Vendor or its agents.

INDEMNIFICATION

CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS

OFFICERS, AND EMPLOYEES, AND TEXAS SOUTHERN UNIVERSITY ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND

COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR

OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF

CONTRACTOR IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. CONTRACTOR SHALL

COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TEXAS

SOUTHERN UNIVERSITY.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE

CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TEXAS SOUTHERN UNIVERSITY

FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF

TEXAS SOUTHERN UNIVERSITY OR ITS EMPLOYEES.

PREFERENCES

See Section 2.38 of the State of Texas Procurement Manual regarding preferences. Check below to claim a preference under 34 TAC Rule 20.38

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

VENDOR CERTIFICATION / ACCEPTANCE

The undersigned hereby certifies that he has read, understands, and agrees that acceptance by Texas Southern University of the bidder’s offer by issuance of a purchase order will create a binding legal contract.

Further he agrees to fully comply with documentary forms herewith made a part of this specific procurement

NAME OF COMPANY:

AUTHORIZED SIGNATURE:

TYPED NAME & TITLE:

EMAIL ADDRESS:

SPECIFICATIONS

It is our intention to purchase one (1) integrated portable emissions measurement system (iPEMS) to be used by our Science & Technology Department. Below are the minimum specifications for this purchase.

One (1) integrated portable emissions measurement system Includes:

•SensorPak: PM/PN Sensor Cartridge [Coarse (Op)/Medium (Sc)/Fine (Io)] 1 GasMOD Sensor Cartridge [CO2, CO, HC, O2] 1 GasMOD Sensor Cartridge [NO, NO2] •Power supply •Power/Data Cable •Additional CAN ports for user defined inputs •Email tech support

CUBE FLEX, qty of 1 Conditioning Unit for Batch Exhaust Includes: •conditioning including Chiller and Volatile Particle Reducer (VPR - hot expansion tube technology for removal of volatile particles prior to PN measurement)

FLEX PACK qty of 1 Includes:

•Windows Laptop with control software and power/charger cord •Exhaust Sample Probe/Handle/Hose Assembly •External Water trap •Miscellaneous filters and barbs

GPS + Weather Station, qty of 1 Includes: •GPS & weather station (RH, P, & Temp)

ECU/OBD Data Logger

HEPA Filter 3.2" 3-pack; Disposable HEPA Filter; 3.2"; Pack of 3

Milwaukee M18 Rechargeable Lithium-Ion Battery, qty of 4 M18™ XC 5.0 AH 18 Volt Extended Capacity Battery (48-11-1850)

Dual Bay Rapid Battery Charger, qty of 1 Milwaukee M18 Dual Bay Simultaneous Rapid Charger

GASCO 70 Series SS Calibration Gas Regulator Fixed 2.5 LPM, qty of 1 Calibration Gas Cylinder Regulator, Gas Type: Reactive, On/Off Type: Turn Knob, Connection Type: C-10, Flow Rate 2.5 LPM, Gauge PSI: 1500 PSI, Material: Stainless Steel, Fits Cylinders: 34L Aluminum, 58L Aluminum, 74L Aluminum, 103L Steel, 105L Aluminum, 116L Aluminum ecosmart™: 44ES Aluminum, 58ES Aluminum, 66ES Aluminum

Please show your payment requirements

Please address any/all shipping costs, and an anticipated delivery schedule after receipt of our PO

Please address any/all warranties

Please address trade-in credit of an older PEMS unit

Please address any/all training you are offering

End of Solicitation