ESBD_File_344233_RFP-715-24-Athletic Apparel.pdf

PRAIRIE VIEW A&M UNIVERSITY

Office of Procurement and Disbursement Services

Request for Proposal for Athletic Apparel

RFP-715-24-Athletic Apparel

REFER INQUIRIES TO:

Greg Iacopetti, Procurement Supervisor

Procurement Services Office Prairie View A&M University

Email: solicitations@pvamu.edu

SUBMITTAL MUST BE RECEIVED BEFORE:

2:00 PM Central Time, December 21 , 2023

MAIL PROPOSAL TO:

Prairie View A&M University

Procurement & Contract Office P. O. Box 519, MS 1311

Prairie View, TX 77446-0519

HAND DELIVER AND/OR

EXPRESS MAIL TO:

W.R. Banks Bldg., ste. #115 140 L.W. Minor Street

Prairie View, TX 77446-0519

Show RFP Number, Closing Date and Time on Response Envelope

Proposal must be received in the Prairie View A&M University Procurement Services office before the hour and date specified for receipt of proposal. If it is not received by the due date and time, the proposal will be considered late and will be returned to the RESPONDENT.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of Respondents will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

All submittals shall become the property of the State of Texas upon receipt. Submittals may be subject to public review after contracts have been executed. Refer to Section 5.4 for more information regarding public information.

mailto:solicitations@pvamu.edu

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Table Of Contents

SECTION 1 GENERAL

1.1 Scope 4

1.2 History 4

1.3 Definitions…………………………………………………………………………………….. 5

1.4 Contract Term 5

1.5 PVAMU’s HUB Policy and Subcontracting Requirements………………..5

1.6 Exclusions 5

SECTION 2 PROPOSAL RESPONSE

2.1 Technical Proposal 6

2.2 Prairie View A&M University Commitments 8

2.3 Schedule of Events 10

2.4 Other Requirements………………………………………………………………………10

2.5 RESPONDENT Experience ……………………………………………………………..10

2.6 RESPONDENT Background……………………………………………………………..10

SECTION 3 EVALUATION AND AWARD

3.1 Selection Process ……………………………………………………………..…………..11

3.2 Evaluation Criteria and Weights…………………………………………………….12

3.3 Award……………………………………………………………………………………………12

SECTION 4 GENERAL INFORMATION

4.1 Respondent Information 13

4.2 Priorities/Expectations 14

4.3 Submittal Deadline & Location 14

4.4 Other Submittals ………………………………..………………………………………...14

4.5 Submittal Instructions…………………………………………………………………… 15

4.6 Proposal Content and Components………………………………………………..17

4.7 Inquiries and Interpretations………………………………………………………….17

SECTION 5 GENERAL TERMS AND CONDITIONS

5.1 General 17

5.2 Governing Law……………………………………………………………………………….18

5.3 Venue…………………………………………………………………………………………….18

5.4 Public Information Act 18

5.5 Time of Performance 19

5.6 Entire Agreement 19

5.7 Non-Discrimination 19

5.8 Debarment Status …………………………………………………………………………19

5.9 Immigration Reform & Control Act 19

5.10 Publicity 19

5.11 TEC Disclosure of Interested Parties (Form 1295) 20

5.12 Required Contract Terms 20

5.13 Not Eligible for Rehire (NEFR) 20

5.14 Records Retention 21

SECTION 6 ADDITIONAL TERMS AND CONDITIONS

6.1 Indemnification 21

6.2 Insurance 21

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6.3 Dispute Resolution 22

6.4 Federal Funds Guidelines 22

6.5 Prohibition Contracts Boycotting Israel 22

6.6 Certification Regarding Business with Certain Countries & Orgs………22

6.7 Conflict of Interest 22

6.8 Human Trafficking 22

6.9 Payment of Debt or Delinquency to the State………………………………….22

6.10 Loss of Funding………………………………………………………………………………..22

6.11 Modification of Service…………………………………………………………………….23

6.12 Ownership of Documents…………………………………………………………………23

6.13 Other Benefits………………………………………………………………………………….23

6.14 Contract Administration…………………………………………………………………..23

SECTION 7 EXECUTION OF OFFER……………………………………………………………………

SECTION 8. RESPONDENTS QUESTIONNAIRE……………………………………………………………27

ATTACHMENT A – Insurance Requirements………………………………………………………………………28 ATTACHMENT B – Conflict of Interest & Non Collusion……………………………………………………..30 ATTACHMENT C – HUB Subcontracting Plan (separate)……………………………………………………..31 ATTACHMENT D – Sponsorship Agreement (separate)……………………………………………………….32

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SECTION 1

GENERAL

1.1 Scope

Prairie View A&M University (PVAMU or UNIVERSITY), a state agency and member of the Texas A&M University System (herein referred to as University) is soliciting proposals and intends to enter into an exclusive athletic apparel relationship to provide such apparel for use by its athletic teams for certain considerations by Prairie View A&M University. It is the intention of University to contract with a single company to provide these products and services for the University campus.

Vendor must have demonstrated competence in providing these products and services and must have the qualifications necessary to perform the services outlined in this RFP.

PVAMU is a member of the Southwest Athletic Conference (SWAC) and a Football Championship Subdivision participant. PVAMU Department of Athletics oversees a total of eighteen NCAA Division 1 athletic programs, including football, baseball, softball, soccer, volleyball, bowling, and men’s and women’s basketball, cross country, golf, tennis, indoor & outdoor track and field, in addition to active spirit programs, a dance team and cheerleading.

The products and services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

1.2 History

Founded in 1876, Prairie View A&M University (PVAMU) is the second oldest public institution of higher education in the state of Texas. A Member of The Texas A&M University System, PVAMU is a land-grant university authorized under the Morrill Acts of 1862 and 1890. The main campus is situated on a 1,509-acre site accessible by state highway 290 in Waller County, approximately 40 miles northwest of Houston. The University also operates its Northwest Houston Center located at 9449 Grant Road in Houston, Texas, and its College of Nursing located at 6436 Fannin in Houston, Texas. PVAMU is a state institution serving a diverse ethnic and socioeconomic population and is committed to preparing the citizens of Texas in a range of careers including but not limited to engineering, computer science, natural sciences, architecture, business, criminal justice, humanities, education, agricultural and human sciences, nursing, mathematics, and social sciences.

The University is dedicated to fulfilling its land-grant mission of achieving excellence in teaching, research, and service. It is committed to achieving relevance in each component of its mission by addressing issues and proposing solutions through programs and services designed to respond to the needs and aspirations of individuals, families, organizations, agencies, schools, and communities – both rural and urban.

PVAMU’s target service area for offering undergraduate and graduate programs of study includes the Texas Gulf Coast Region, the rapidly growing residential and commercial area known as the Northwest Houston Corridor, and urban Texas centers likely to benefit from PVAMU’s specialized programs and initiatives in nursing, juvenile justice, architecture, education, and social work.

PVAMU’s public service programs, offered primarily through the Cooperative Extension Program targets both rural and urban communities in Texas. PVAMU’s research foci include extending knowledge in all disciplines offered and incorporating research-based experiences supporting the academic development of both undergraduate and graduate students. PVAMU was designated an “1890 land-grant institution” via the Justin Morrill Land-Grant Act for the agricultural education of Blacks in the then-segregated Southern states. PVAMU was also selected by Money Magazine as

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“Best Value Education”.

1.3 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents, the intent and meaning shall be interpreted as follows:

RESPONDENT / Vendor / Contractor /Proposer – shall mean the individual, partnership, corporation, or other entity responding to this RFP.

PVAMU – Prairie View A&M University RFP – Request for Proposal

1.4 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for a period of 5 (five) years, and may be extended for up to an additional five (5) years, as mutually agreed by the parties, providing all terms and conditions of the original agreement remain the same.

1.5 Prairie View A&M University HUB Policy and HUB Subcontracting Requirements

It is the policy of the state of Texas and Prairie View A&M University to encourage the use of Historically Underutilized Businesses (HUBs) in our contracts, purchasing transactions, through sub-contracting opportunities. The goal of the HUB program is to promote equal access and equal opportunity in Prairie View A&M University’s’ contracting and purchasing.

RESPONDENT will use good faith efforts to subcontract work performed under this Agreement in accordance with the HUB Subcontracting Plan attached hereto as Attachment C (HSP). Except as specifically provided in the HUB Subcontracting Plan, RESPONDENT will not subcontract any of its duties or obligations under this agreement, in whole or in part. Furthermore, RESPONDENT will comply with all of its duties and obligations under Section 20.285 of the Texas Administrative Code.

Please contact Prairie View A&M University’s HUB Assistant, Greg Iacopetti, at solictations@pvamu.edu for assistance with completion of requirements as stated.

Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t

Code 2161.252(b)

1.6 Exclusions

The products that Prairie View A&M University reserves the right to exclude from the agreement are specifically but not limited to: all sport balls (basketballs, baseballs, softballs, etc), helmets of any kind, softball bats, softball gloves, tennis racquets, golf clubs, golf balls, and golf bags. However, RESPONDENT may propose additional benefits and or compensation.

mailto:solictations@pvamu.edu

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SECTION 2

PROPOSAL RESPONSE

RESPONDENTS ARE CAUTIONED TO READ ALL THE INFORMATION CONTAINED IN THIS RFP CAREFULLY

AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

2.1 Technical Proposal

2.1.1 The proposal is to be for a period of 5 (five) years, with an option to extend for up to an additional five (5) years.

2.1.2 The proposal may also include a specified amount of supplied athletic company products (“Company Products” or “Products”) for each Prairie View A&M University intercollegiate sport program for said Term. The yearly program Product Allotment included in the proposal shall include (i) amount of Product to be at no or reduced cost in US Dollars, and (ii) shall be at RESPONDENT’s wholesale or better and include shipping. Prairie View A&M University must have the right to vary the quantities of supplied Company Products for each program in each year during the Term; provided that the total wholesale or better and including all shipping, value for the supplied Company Products for a year (Product Allotment) shall be nor more than the equivalent of the total wholesale value of the quantities specified in the terms of the agreement.

2.1.3 RESPONDENT must be capable of providing supplied Company Products of the quality, types, sizes and colors specified by Prairie View A&M University and must meet delivery schedules required by Prairie View A&M University for each program. The style and color of the competition uniforms shall be determined by the head coach of the appropriate team from a selection of styles provided by the RESPONDENT. In addition to the supplied Company Products, RESPONDENT must be willing and capable of providing Company Products, if and when required by Prairie View A&M University, at a price to be specified in RESPONDENT response that is equal to or below RESPONDENT's then current wholesale price.

2.1.4 The proposal may also provide Performance Incentives for Prairie View A&M University Intercollegiate athletic teams’ and head coaches’ achievements. Incentives are to be payable within thirty (30) days of written notification by Prairie View A&M University to the RESPONDENT of the specified accomplishment.

2.1.5 The proposal may also provide cash compensation or gifts in kind payable to Prairie View A&M University Athletics Department each year of the term of the agreement and must specify the amount of cash compensation or gifts in kind for each academic year of the Term. The Athletic Director, in consultation with the Chief Financial Officer, shall have the right to direct all portions of such cash compensation or gifts in kind to Prairie View A&M University Intercollegiate Athletic Department to be used at its discretion for either athletic facilities, sports programs, athletics academic programs, athletic scholarships or athletics marketing

2.1.6 Responses may propose additional RESPONDENT benefits for PVAMU or additional commitments from PVAMU in consideration of RESPONDENT benefits.

2.1.7 The proposal shall indicate any additional value or product allocation to be provided for additional years beyond the original term, or in the case that Prairie View

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A&M University expands the size of the rosters of existing teams or adds a team in another sport. RESPONDENT shall indicate the number of commitment years offered.

2.1.8 Provide any additional information about your company’s products and services or other offerings such as a dedicated-on campus company representative or signing bonus that may add value to the relationship with Prairie View A&M University.

2.1.9 If chosen RESPONDENT is an apparel vendor not currently under contract with Prairie View A&M University, the RESPONDENT will be solely responsible for the replenishment of full team uniforms, all footwear, and coaches/administration practice and game day gear within first nine months of new agreement commencing, with no expense to Prairie View A&M University.

2.1.10 If RESPONDENT is an intermediary supplier that is not the brand owner or manufacturer, but will supply Company Product belonging to one or more other Company(ies), then RESPONDENT shall include information detailing (i) relationship with the branded Company, and (ii) how RESPONDENT will meet Product ordering and delivery requirements.

2.1.11 University or its designated licensing agent (currently CLC) and the RESPONDENT shall enter into and maintain in full force and effect during the term, a retail product license agreement, incorporating the RESPONDENT and CLC’s agreed upon terms and conditions for the UNIVERSITY.

2.1.12 If, for other than wholly internal purposes, the RESPONDENT (as opposed to consumers through consumer-generated content) desires to use the UNIVERSITY Marks in any consumer advertising or promotion, the RESPONDENT shall first submit a sample or the concept of the proposed advertisement or promotion to UNIVERSITY in writing or electronic format or other fixed media for approval in accordance with UNIVERSITY policies and branding guidelines, which approval shall not be unreasonably withheld.

2.1.13 The proposal should address ways in which, when marketing its support of

Teams, Coaches and Staff, RESPONDENT does so with the understanding that such annual spend will be a combination of a spend for traditional on-campus marketing, mutually agreed upon spending for community marketing and activation in the Greater Houston area, and mutually agreed upon marketing and promotion activations on RESPONDENT-controlled outlets and platforms.

2.1.14 Product Placement. The RESPONDENT will make commercially reasonable efforts to ensure that Company retail store location(s) in the Greater Houston area prominently (and no less prominently than other Houston-area universities) showcase PVAMU Athletics Products throughout, as well as, in Company-branded retail stores selected by Company throughout the world. In addition, RESPONDENT shall address how it will assist PVAMU with the development of PVAMU's global strategy showcasing HBCU’s and PVAMU Athletics. Company will consider PVAMU’s reasonable input regarding its retail strategy with respect to Company and PVAMU co-branded products available in the marketplace.

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2.2 Prairie View A&M University Commitments

2.2.1 Prairie View A&M University will require the head coach and assistant coaches

(Coaches); the equipment managers, trainers, and other non-coaching athletic personnel (Staff); and members of UNIVERSITY intercollegiate athletic teams (Teams) for the sports for which RESPONDENT provides supplied Company Products to wear and use supplied Company Products exclusively for the Term during practice sessions;

preseason, regular season, and post-season games; sports clinics or camps; media interviews and public appearances. Wear or use of Supplied Company Products at media interviews or public appearances will not be required if the setting or circumstances do not make it feasible or appropriate. No individual Coach, athletic Staff member, or Team member will be required to wear or use Supplied Company Products when a qualified physician or other qualified professional determines that it would be inappropriate because of a medical condition or physical condition. RESPONDENT will be given the opportunity to provide special Company Product that is acceptable to the physician or other professional for wear or use by the individual. If RESPONDENT is unable to provide suitable Company Products to accommodate the medical or physical condition within a reasonable time, PVAMU shall obtain apparel, equipment, or footwear appropriate for such individual or individuals from sources other than RESPONDENT.

2.2.2 Except for weather conditions or other circumstances beyond the control of UNIVERSITY, Supplied Company Products will be worn and used without the Company logo, trademark, symbol, or other Company identification being defaced, altered, or covered.

2.2.3 Provided it is consistent with the Constitution and Bylaws of the National Collegiate Athletic Association, the head coaches of PVAMU intercollegiate athletic programs will be available to RESPONDENT at times that do not conflict or interfere with duties or responsibilities as head coach for the following purposes related to the promotion and sale of Supplied Company Products:

a) Appearances for personal endorsement in a reasonable number of 30 and 60 second radio and television commercials and audio and videotapes;

b) Appearances for a reasonable number of still photography sessions for use for personal endorsements in print media advertising of all types, point of sale advertising, and other printed promotional material;

c) Appearances for personal endorsements at RESPONDENT sponsored clinics and camps for the head coach's sport; at trade shows and conventions, at retail outlets, and at celebrity events in the head coach's sport;

d) Serving as an advisor to RESPONDENT with regard to the design and development of products.

All requests for the above appearances or participation of a head coach must be in writing and have the prior written approval of the PVAMU Director of Athletics. Total time for such appearances or participation in any academic year shall not exceed six (6) work days, exclusive of travel.

2.2.4 RESPONDENT may state in advertising and promotional material for Supplied Company

Products that it is the exclusive supplier of such products for the Prairie View A&M University intercollegiate athletic programs.

2.2.5 UNIVERSITY may not enter into a similar agreement with any competing athletic apparel

Prairie View A&M University RFp 715-24-Athletic Apparel Page 9 of 32 company and will prohibit all coaches and student-athletes from entering into any endorsement or sponsorship agreement or accepting any compensation from competing athletic apparel companies in return for endorsements or like services, without the approval of the RESPONDENT, unless RESPONDENT is unable to fulfill requirements set forth in said proposal. However, Prairie View A&M University reserves the right to enter into similar agreements with competing athletic apparel companies and will allow coaches to enter into any endorsements or sponsorship agreements or accept any compensation from competing athletic apparel companies if RESPONDENT is unable to endorse the respective UNIVERSITY intercollegiate program. UNIVERSITY also reserves the right to enter into agreements with other companies that provide said excluded products as outlined in Section 1.5.

2.2.6 UNIVERSITY may provide at least one public address system announcement in the first and second half of each home game in ticketed spectator sports (currently football, volleyball, soccer, softball, men's basketball, and women's basketball) recognizing RESPONDENT as the exclusive provider of Supplied Company Products for the PVAMU team. Such recognition may also be provided in brochures for PVAMU sponsored sport camps.

2.2.7 RESPONDENT may be provided one 30 second advertisement during any radio broadcast-of regular season games in football, men's and women's basketball, soccer, baseball and softball.

2.2.8 RESPONDENT may be provided one 30 second video advertisement during each of the regular season home football games

2.2.9 RESPONDENT may be provided one static sign on the scoreboard of each athletic venue located at PVAMU (football, basketball, softball, baseball, track, tennis and soccer) and other creative branding and exposure opportunities as defined by PVAMU Athletics with approval by the UNIVERSITY Marketing and Communications Department.

2.2.10 UNIVERSITY may provide RESPONDENT the rights to season tickets and parking passes for the following sports indicated (at a minimum):

Football 8 season tickets (Home games)

Men's Basketball 6 season tickets (Home games)

Women's Basketball 6 season tickets – (Home Games)

Post Season Competition When UNIVERSITY intercollegiate athletic teams qualify for post-season competitions, RESPONDENT may have the opportunity to purchase at face value:

8 tickets - football NCAA playoff games/each round of play for football 6 tickets - each round of play for men's basketball, women's basketball 6 tickets - each round of play for softball 4 tickets - each round of play for volleyball (post-season ticket locations will be selected from the best available to UNIVERSITY).

2.2.11 UNIVERSITY may provide a full page of advertising space in the PVAMU football program

Prairie View A&M University RFp 715-24-Athletic Apparel Page 10 of 32 for the RESPONDENT's camera-ready advertisement, as well as an appropriately sized space in other event programs as available.

2.3 Schedule of Events

Listed below are the important events and dates by which they must occur. University reserves the right to change any of these dates/times, if determined necessary. Any change in dates/times of events that are to occur prior to and including deadline for Vendors to submit responses to proposal will be issued by written addenda.

Activity

Formal Release of RFP – Athletic Apparel

Responsibility

PVAMU Procurement Office

Date

December 7, 2023

Deadline for Questions RESPONDENTS December 14, 2023

RFP Close Date - Submittals to PVAMU Procurement Office RESPONDENTS December 21, 2023

Evaluation of Submittals PVAMU RFP Committee Week of January 8, 2024

Selection of Vendor PVAMU RFP Committee Week of January 15, 2024

Vendor Price Proposal, Negotiations & Contracting

PVAMU Procurement Office Week of January 22, 2024

2.4 Other Requirements

RESPONDENT shall provide a swatch(es) of cloth with RFP response as an example of the purple and gold colors that will be used for uniforms and apparel. If the colors vary by fabric type then multiple swatches should be presented, as needed.

The PVAMU Purple PANTONE color is PMS 268. The CMYK printer values are C=82, M=100, Y=11, K=2.

The PVAMU Gold PANTONE color is PMS 124 C. The CMYK printer values are C=7 M=35, Y=100, K=0.

UNIVERSITY reserves the right to alter its school colors as needed and expects the awarded RESPONDENT to supply uniforms and apparel that match the current brand colors of the

UNIVERSITY

2.5 RESPONDENT Experience

2.5.1 Provide a listing of at least three (3) client references that are similar in size (preferable) to PVAMU. RESPONDENT must include with their response a list of at least one (1) reference where they have performed a comparable work in quality and scope to that specified in this proposal. Information provided shall include at least the following:

• Name of the college, university or other organization

• Contact person from that organization in charge of the agreement. Include name, title, telephone number and e-mail address of this person.

• Explain in general terms what was provided

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PVAMU reserves the right to call to verify and inquire about the reliability of the RESPONDENT's performance history. PVAMU further reserves the right to conduct site visits to RESPONDENT's referenced source to confirm this information. Negative references may be grounds for disqualification.

2.5.2 Identify all individuals who contribute to the accomplishment of the scope of work to include specific responsibilities pertaining to and the approximate time each will devote to the Scope of Work. Include the resumes for key individuals.

2.6 RESPONDENT Background

2.6.1 Will your company provide a copy of your company’s audited financial statements for the past two (2) years, if requested by UNIVERSITY?

2.6.2 Will your company provide a financial rating of your company and any supporting documentation (such as a Dunn and Bradstreet Analysis) which indicates the financial stability of your company, as requested by PVAMU?

2.6.3 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

2.6.4 Provide details of any open, current, or pending litigation or claims filed against your company and indicate how this may impact your company’s performance under an agreement with PVAMU.

SECTION 3

EVALUATION AND AWARD

3.1 Selection Process

PVAMU may utilize an evaluation committee for the evaluation of this RFP. PVAMU must be confident that the RESPONDENT’s proposal of goods and services will meet the needs of PVAMU. PVAMU will evaluate and make the award on the proposal that is determined to be the best value to the State, based on the listed criteria.

The RESPONDENT selected will be the one whose products and services, as presented in response to this RFP, establish them, in the opinion of University, as well qualified and offering the greatest benefits and value to University. University may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

Should University determine in its sole discretion that only one RESPONDENT is fully responsive, or that one vendor is clearly more highly responsive than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated. Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by University during the evaluation process.

The selection of the successful proposal may be made by UNIVERSITY on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the

Prairie View A&M University RFp 715-24-Athletic Apparel Page 12 of 32 alternative, selection of the successful proposal may be made by UNIVERSITY on the basis of negotiation with any of the RESPONDENTS. UNIVERSITY shall not disclose any information derived from the proposals submitted by competing RESPONDENTS in conducting such discussions.

All proposals must be complete and convey all of the information requested and considered to be responsive. If a proposal fails to conform to the essential requirements of the RFP, University alone will determine whether the variance is significant enough to consider the proposal unacceptable and, therefore, not considered for award, or acceptable and a candidate for further consideration PVAMU shall be the sole judge of the comparative evaluation of the proposals received. The award shall be made on the basis of the proposal judged to be in the best interest of PVAMU in this regard and shall be considered final. Any agreement resulting for this request shall be awarded to RESPONDENT providing the “best value” proposal to PVAMU.

UNIVERSITY reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

UNIVERSITY reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive vendor.

RESPONDENT may be requested to provide an on-site presentation. RESPONDENT will be notified in writing for the detailed invitation.

3.2 Evaluation Criteria and Weights

Each proposal shall be evaluated on the ability to meet PVAMU’s requirements and to provide the best value. Proposals shall be evaluated by assigning best value based on the following criteria.

3.3 Award

PVAMU intends to enter into an agreement with the successful RESPONDENT based on the RFP requirements and response for the term of the agreement.

The evaluation will be based on the following system:

Price Proposal and Incentives 25

Product Allotment /Deliverable Timeline 25

Vendor Experience 25

Company References (references / resumes’) 15

Responsiveness (includes all required forms) 10

Total 100

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SECTION 4

GENERAL INFORMATION

4.1 General Information for RESPONDENTS

4.1.1 By submitting proposals, each Respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and the amount of the work to be performed, the detailed requirements of the products and services to be provided, and the conditions under which the products and services are to be provided. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

4.1.2 The selected company must be reputable, experienced, established, and financially stable. PVAMU requires assurance that the respondent has a high probability of remaining in business during the life of the proposed contract. The respondent should be able to demonstrate the necessary products, service, experience and qualifications that will produce PVAMU desired results.

4.1.3 All organizations responding to this request for proposals must be permitted to contract with the State of Texas or any of its subdivisions. Respondent must be licensed to do business in Texas and must provide certification that its employees are fully covered by Worker’s Compensation and general liability insurance. Since no payments will be made ahead or in advance, no bond will be required of the Respondent. Respondent must be current in payment of Texas taxes and must certify its compliance in the transmittal letter accompanying its response to this RFP.

4.1.4 This RFP contains specific requests for information. RESPONDENTS are encouraged to examine all sections of this RFP carefully, in that the degree of interrelationship between sections is critical. In responding to this RFP, RESPONDENTS are encouraged to provide any additional information they believe relevant.

4.1.5 Clause headings appearing in this RFP have been inserted for convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the respective clauses. Whenever terms “must,” “shall,” “will,” “is required” or “are required” are used in the RFP, the subject being referred to is to be a required feature of this RFP and critical to the resulting submittal.

4.1.6 In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the RESPONDENT’S response. Any deviation or exception from RFP specifications must be clearly identified by the RESPONDENT in its submittal.

4.1.7 All supporting documentation submitted with the submittal will become the property of PVAMU unless otherwise requested by the RESPONDENT, in writing, at the time of the submission, and agreed to, in writing, by PVAMU.

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4.2 Priorities/Expectations

4.2.1 (a) Ensuring quality products and a quality level of service. This priority encompasses the quality that can be provided to PVAMU in a timely, cost effective manner. PVAMU is seeking a Respondent that will ensure the provision of such quality in its delivery of products and services through proven techniques and established practices.

4.2.2 (b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure a successful relationship as determined by PVAMU.

4.2.3 (c) Delivery Efficiency. Respondent must demonstrate its ability to deliver the required products and services in a timely manner, while not sacrificing the quality required by

PVAMU.

4.3 Submittal Deadline and Location

All proposals must be received by Prairie View A&M University Procurement Services Department no later than 2:00 P.M. CENTRAL TIME, DECEMBER 21, 2023 in a sealed envelope or box marked “RFP 715- 24-Athletic Apparel”. Proposals are to be submitted to:

U. S POSTAL SERVICE: HAND DELIVER AND/OR

EXPRESS MAIL TO:

Prairie View A&M University Prairie View A&M University Procurement & Contracts Office Procurement & Contracts Office P.O. Box 519, MS 1311 L.W. Minor Street, W.R. Banks Bldg., suite #115 Prairie View, TX 77446-0519 Prairie View, TX 77446-0519

It is the responsibility of each RESPONDENT to this invitation to ensure his/her proposal package is received at the location referenced above and by the required time, as stated.

Late submittals will only be considered according to the exception as described in 4.4 Other Submittals.

Telephone, facsimile (Fax) and/or electronic mail (E-mail) submittals are not acceptable under any circumstances.

Properly submitted proposals will not be returned to RESPONDENTS.

4.4 Other Submittals

Based on PVAMU’s need for the products and services stated in this RFP, PVAMU reserves the right to accept proposal submissions after the due date stated in Section 4.3. Any company submitting qualifications for possible inclusion after the due date will be required to submit the same information and documents as stated in Section 4.5. PVAMU will follow the same process described in Section 3.1 above to determine, in its sole discretion, whether or not to include a company for any submission beyond the due date of this RFP.

4.5 Submittal Instructions

Proposals shall be a MAXIMUM of FORTY (40) printed pages. The cover letter, table of contents, divider sheets, HUB Subcontracting Plan, Execution of Offer, and Non-Collusion Affidavit do not count toward this maximum count.

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Proposals shall be printed on letter-size (8 ½” x 11”) paper with all pages numbered sequentially using Arabic numerals (1, 2, 3, etc.). The RESPONDENT is not required to number the pages of the HUB Subcontracting Plan. The proposal shall be assembled with spiral-type bindings. DO

NOT USE METAL-RING HARD COVER BINDERS.

Proposals, including Execution of Offer (Section 7), must be signed by RESPONDENT’s company official authorized to commit such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification.

Proposals must include a completed and signed Conflict of Interest/Non-Collusion Statement Form - Attachment B. Failure to do so will be basis for disqualification.

Five (5) hard copy sets and one (1) electronic copy of the submittal shall be prepared simply and economically, providing a straightforward, concise description of the respondent's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of PVAMU's needs.

The electronic copy shall be in Adobe Portable Document Format (PDF) format on a thumb-drive and placed in a sealed envelope with the name of the proposing organization written across the front and attached or affixed inside the front cover of the original document. We prefer that image files are inserted as part of a document. Individual image files on the drive must be clearly named and referenced in your proposal response.

An unreadable DRIVE due to incorrect format may reflect negatively on your proposal. In the event your company is unable to provide a readable DRIVE in the requested format, then six (6) hard copies of your response must be submitted.

NOTE: The electronic signature on the ONE required electronic copy will serve as the official signature of record for all hard copies.

Proposal package (box/carton) must indicate on the lower left-hand corner the submitter’s company name, the proposal opening date, and RFP number 715-24-Athletic Apparel.

Telephone, and/or facsimile (Fax) responses to this RFP will not be accepted.

4.5 Proposal Content and Components

4.5.1 The following information is to be returned as part of your proposal response. Proposals submitted without this information will be evaluated accordingly:

• Signed Execution of Offer

• Completed Proposal Form

• Non-Collusion Affidavit

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing

• Product sample(s)

• Copies of all addenda that may be issued for the RFP signed by same authorized

RESPONDENT representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

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4.5.2 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the products and services being offered to meet the requirements of this RFP, the RESPONDENT’s general approach to providing the products and services and deliverables, and documentation as to why the RESPONDENT is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of what is being offered/proposed. Be specific in justifying the proposal in terms of the goals and objectives described in the RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the RESPONDENT.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any Subcontractors must demonstrate experience and qualifications in their particular work assignment. Information provided for similar projects must be substantiated with current references. Describe products and services your organization has provided in the past five (5) years that demonstrates your organization’s capability to carry out the proposed offering.

d) Project management – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP.

Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed.

Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The RESPONDENT’s management and tracking capabilities shall be described.

e) In its response to this RFP, RESPONDENT must submit a Price/Cost Proposal that clearly identifies all costs, fees and/or charges to PVAMU over the term of the agreement. No particular form of Price/Cost Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

• Proposer shall provide a list of at least three (3) references where they have provided products, management and operational services of this type and scope. References shall include, name of school, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

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4.6 Inquiries and Interpretations

All questions regarding this RFP, including questions for more data or information beyond that included herein, should be submitted to Greg Iacopetti, Procurement Supervisor and HUB Assistant, by email to solicitations@pvamu.edu no later than 4:00 p.m. CST, December 14, 2023. No additional questions received after this deadline will be considered. The receipt time indicated within the PVAMU email server shall be used for the receipt and acceptance.

RESPONDENT may not contact other individuals at PVAMU to discuss any aspect of this RFP, unless expressly authorized by the PVAMU Procurement Services Office to do so.

PVAMU will publish all questions with responses on the Electronic State Business Daily (ESBD) website at http://www.txsmartbuy.com/sp (Input Agency Number “715” and select “Posted” for the status) no later than 5:00 p.m. December 15, 2023. Any clarifications or interpretations of this RFP that materially affect or change its requirements will be posted by PVAMU, as an addendum on the ESBD website.

Only those PVAMU replies to inquiries that are made by formal written addenda shall be binding. It is the responsibility of all RESPONDENTS to check the ESBD for any and all addenda issued for this RFP. All such addenda issued by PVAMU prior to the time that qualifications are received shall become a part of the RFP, and RESPONDENT shall consider and acknowledge receipt of such in the Execution of Offer. Oral and other interpretations or clarification will be without legal effect.

UNIVERSITY specifically requests that RESPONDENTS restrict all contact and questions regarding this RFP to the above-named individual. Failure to do so may result in disqualification.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

PVAMU reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this Request for Proposals. It reserves the right to waive any defect or informality in the Submittals on the basis of what it considers to be in its best interests. Any submittal which PVAMU determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. PVAMU reserves the right to award to the firm which, in our sole judgment, will best serve our interest.

This Request for Proposals (RFP) in no manner obligates PVAMU to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by PVAMU without penalty or obligation at any time prior to the signing of a contract Agreement.

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal.

The RESPONDENT’s response must include a formal copy of any RESPONDENT’s terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by The Texas A&M University System Office of General Counsel are essential prior to the award of the contract. In the event the RESPONDENT does not supply terms and conditions with their submittal, PVAMU terms and conditions will govern this transaction. Terms and conditions which are determined to be unacceptable to PVAMU may mailto:solicitations@pvamu.edu

Prairie View A&M University RFp 715-24-Athletic Apparel Page 18 of 32 result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

Proposals are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of the proposal.

The RESPONDENT agrees to protect the State from claims involving infringement of patents or copyrights.

The RESPONDENT hereby assigns to purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

No substitutions or cancellations permitted without written approval of PVAMU.

Upon award, agreement shall be effective as stated, unless company obtains approval for late delivery.

PVAMU will not provide compensation to RESPONDENTs for any expenses incurred by the RESPONDENT(s) for proposal preparation, evaluations or demonstrations that may be made, unless otherwise expressly indicated.

Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by PVAMU at its option.

5.2 Governing Law

The validity of a resultant agreement and all matters pertaining to a resultant Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas.

5.3 Venue

Pursuant to Section 85.18(b), Texas Education Code, mandatory venue for all legal proceedings against PVAMU is to be in the county in which the principal office of PVAMU’s governing body, which in this case is Waller County.

5.4 Public Information Act

All information, documentation and other material submitted by RESPONDENT under this proposal is subject to public disclosure under the Public Information Act (Texas Government Code, Chapter 552). RESPONDENT shall be deemed to have knowledge of this law.

A. RESPONDENT acknowledges that PVAMU is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

B. Upon PVAMU’s written request, RESPONDENT will promptly provide specified

Prairie View A&M University RFp 715-24-Athletic Apparel Page 19 of 32 contracting information exchanged or created under this Agreement for or on behalf of PVAMU to PVAMU in a non-proprietary format acceptable to PVAMU this is accessible by the public.

C. RESPONDENT acknowledges that PVAMU may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

D. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this agreement and the RESPONDENT agrees that the agreement can be terminated if the RESPONDENT knowingly or intentionally fails to comply with a requirement of that subchapter.

RESPONDENTS responding to this Request for Proposals are cautioned not to include any proprietary information as part of their proposal unless such proprietary information is carefully identified as such in writing, and the University accepts, in writing, the information as proprietary.

5.5 Time of Performance

Time is of the essence in the rendering of services and delivery of goods and services hereunder.

RESPONDENT agrees to perform all obligations and render services set forth per this proposal.

5.6 Entire Agreement

Any resultant agreement constitutes the entire and only agreement between the Parties hereto and will supersede any prior understanding, written or oral agreement between the Parties, or “side deals” which are not described in resultant agreement. A resultant agreement may only be amended by a subsequent written agreement signed by authorized representatives of both parties.

5.7 Non-Discrimination

The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, sexual orientation, disability, genetic information, veteran status or gender identity as protected by law. Such action shall include, but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, RESPONDENTs certify that they will conform to the provisions of the Federal Civil Rights Action of 1964, as amended.

5.8 Debarment Status

By submitting a proposal, RESPONDENT certifies…