ESBD_File_346418_RFP-731-24-006-JC.pdf

Texas Woman’s University RFP –73-24-006-JC

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REQUEST FOR PROPOSAL

RFP Number: RFP-731-24-006-JC

Off-Campus Student Housing

PROPOSALS MUST BE RECEIVED BEFORE:

January 31, 2024 at 2:00 PM

NOTE: ONLY PROPOSALS SUBMITTED ONLINE WILL BE ACCEPTED.

Proposal must be submitted online in TWU’s electronic bidding portal https://www.bidnetdirect.com/texas/twu before the hour and date specified for receipt of proposal.

Online bidding system closes at exactly 2:00 PM. Please allow sufficient time to upload your documents. Late submittals will not be accepted.

Proposals will be received online until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award of a

Contract, if one is made.

SUBMIT ONLINE RESPONSES TO:

https://www.bidnetdirect.com/texas/twu https://www.bidnetdirect.com/texas/twu https://www.bidnetdirect.com/texas/twu

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TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION 4

1.1 Introduction

1.2 Information about Texas Woman’s University

1.3 Mission Statement

1.4 Scope of Goods and/or Services

1.5 Term of Award

1.6 Schedule of Events

1.7 TWU’s Right to Reject

1.8 Historically Underutilized Business (HUB) Firms

1.9 Definitions/Glossary of Terms

SECTION 2 PROPOSAL REQUIREMENTS AND PROCEDURES 11

2.1 Questions by Proposers

2.2 Communications with TWU Personnel

2.3 Proposal Formatting and Presentation Requirements

2.4 Submittal Instructions for Proposals

2.5 HUB Subcontracting Plan

2.6 Right to Modify, Rescind, or Revoke RFP

2.7 Signature and Certification of Proposer

2.8 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, TWU Policies and Procedures

2.9 Compliance with RFP Requirements

2.10 Binding Effect of Proposal

2.11 Right of Rejection

2.12 Use and Disclosure of Information

2.13 Extension of Pricing and Terms & Conditions

2.14 Withdrawal or Modification

2.15 Risk of Loss, Damage, Delay

2.16 Proposal Opening

SECTION 3 PROPOSAL CONTENTS 15

3.1 Objectives

3.2 Project Details

3.3 Mandatory Requirements/Conditions

3.4 Preferred Requirements/ Conditions

3.5 Delivery and Inspection

3.6 Invoicing and Payment

3.7 Compensation and Fees

3.8 Alternate Proposals

SECTION 4 EVALUATION CRITERIA FOR AWARD 20

4.1 Evaluation Process

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4.2 Proposer’s Acceptance of Evaluation Methodology

4.3 Evaluation Criteria and Weights

4.4 Consideration of Additional Information

4.5 Oral Presentations/Interviews

4.6 Award Process

4.7 Best and Final Offer

4.8 Award of Contract

4.9 Proposer/Vendor Protest

SECTION 5 PROPOSER’S QUESTIONNAIRE 22

SECTION 6 GENERAL TERMS AND CONDITIONS 23

6.1 Publicity

6.2 Independent Vendor Status

6.3 Subcontractors

6.4 Insurance Requirements

6.5 Acceptance of Products and Services

6.6 Infringement of Patents and Copyrights

6.7 Taxes

6.8 Technology Access

6.9 Federal Funding

6.10 Time of Performance

6.11 Default

6.12 Termination

6.13 Contract Requirements

6.14 Access to Documents

6.15 Right to Audit

6.16 Non-Disclosure

6.17 Severability

6.18 Non-Waiver of Defaults

6.19 Assignment

6.20 Texas Public Information Act

6.21 Registration of Sex Offenders

6.22 Indemnification

6.23 Governing Law

6.24 Dispute Resolution

6.25 Warranties

6.26 Disclosure of Interested Parties

6.27 Texas Agency Required Certifications

SECTION 7 EXECUTION OF OFFER AND AFFIRMATIONS 33

ATTACHMENTS – Master Lease Agreement Template; Res-Life Handbook

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SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Woman’s University (“TWU”) is seeking competitive responses to a Request for Proposal (“RFP”) for a Master Lease Agreement with one or more Denton property owners or managers to provide Off-Campus Student housing for up to 300 undergraduate students. This RFP provides sufficient information for interested parties (“Proposers”) to prepare and submit Proposals for consideration by TWU. Additional information may be made available by written request to the point of contact indicated provided on the RFP coversheet.

The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of TWU’s needs.

By submitting a Proposal, the Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Services to be provided, and the conditions under which the Services are to be performed. The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected by TWU, the Proposer will notify TWU immediately of any material change in any matters with regard to which the Proposer has made a statement or representation or provided information.

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

1.2 Information about Texas Woman’s University

Founded in 1901 as a college for women, the university has grown its mission of serving marginalized populations in higher education over the past 122 years and is recognized as one of the most ethnically diverse student bodies in the nation. In addition to its distinctive position as the nation’s only university system with a woman-focused mission, it is known for its contributions and leadership in the fields of education, nutrition, the arts, sciences, business, nursing, and health care professions. Students have described their experience on the picturesque, flagship Denton campus as “a private feel at a public cost.”

Texas Woman’s faculty and staff are passionate defenders of an experiential teaching and learning environment— “we learn to do by doing”—where they provide students with opportunities to engage in campus, workplace, and community activities that can help shape their sense of purpose, their appreciation for building quality personal and professional relationships, and their grit to stand up against life’s challenges.

Now that the state established the overarching system designation, the university is beginning to operationalize a plan to form independent universities for its three geographically dispersed campuses—health science centers in each of Houston and Dallas and its main campus in Denton, 40 miles north of Dallas on the northern edge of the DFW Metroplex. Each campus is located within some of the fastest growing municipalities in the nation. As a whole, the university has a $1.8 billion annual economic impact on the state.

Colleges and Academic Programs The College of Arts and Sciences, with more than 5,000 students, is the largest of the five colleges at Texas Woman’s. It offers most of its programs on the Denton campus. Areas of study include arts, Page 5 of 37 Rev. 3/21 humanities, social sciences, natural sciences, mathematics, and computer science. The College of Health Sciences offers programs in Denton, Dallas, and Houston as well as online. Its academic programs include the School of Occupational Therapy, the School of Physical Therapy, and programs in communication sciences, dental hygiene, health studies, kinesiology, and nutrition and food sciences. The College of Nursing offers programs on all three campuses, including undergraduate, master’s, and doctoral programs. The College of Professional Education includes programs in library and information sciences, family sciences, teacher education, and reading. Texas Woman’s newest college, the College of Business, offers programs in accounting, business administration, finance, management, human resource management, marketing, and healthcare administration through convenient modalities, including seven-week terms.

The university offers 120 undergraduate and graduate degrees (bachelor’s: 46, master’s: 52 and doctoral: 22) in traditional, online, and hybrid formats. It is the only public, general academic university in Texas to offer doctoral degrees in occupational therapy, physical therapy, dance, and multicultural women’s and gender studies. Approximately one in ten of the university’s students are men, who have been admitted to the university’s health science programs since 1972 and all undergraduate programs since 1994.

Athletics

Pioneer student-athletes boast over 81 consecutive semesters with a collective GPA of 3.0 and higher, demonstrating their commitment to academics. At the same time, the Pioneers have achieved 12 national titles in gymnastics, one in softball, and can count more than 32 Academic All-American athletes across five NCAA Division II sports— basketball, gymnastics, soccer, softball, and volleyball.

The university recently added four new competitive sports teams including artistic swimming, dance, STUNT, and wrestling. TWU Athletics add a richness and depth of pride to campus life.

Chancellor Feyten started #campuswithaheart to spotlight the Texas Woman’s culture that insists on excellence in academics, facilities, services, and learning outcomes that maximize opportunities for all students. The focus on health and wellbeing in her five-year strategic plan bolsters a ‘whole-person’ education element empowering graduates to thrive in an ever-changing global economy. She has championed infrastructure projects; belonging initiatives, including greater intentionality focused on serving various identities; philanthropic engagement, more than tripling the value of TWU Foundation assets and shepherding both the largest single gift in university history and the largest total investment from an individual—the two totaling more than $35 million. With over $17 million in public and private funds, she led an initiative to found the Jane Nelson Institute for Women’s Leadership including centers with a statewide scope on women entrepreneurs and women in politics and public policy.

Points of Pride

In its more than 120 years, the university has achieved national acclaim in a number of academic programs, from nursing and nutrition to physical therapy, occupational therapy, and library and information studies. After creating the state’s first home economics labs in the early 1900s, university nutrition faculty led bone density research with NASA during the first space missions. The university also was the first university in Texas to offer a Culinology® degree program, which provides students an opportunity to combine both culinary arts and food science training. This certification program provides the food industry with product development employees.

Texas Woman’s faculty developed the treatment model now taught globally in occupational therapy. It is the only university in the state to offer adapted physical education master’s and doctoral degree specializations. In addition, the university is home to Texas’ first TeachLivE™ lab, where teacher candidates practice their skills on student avatars.

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Texas Woman’s provides access to one of only 12 Reading Recovery university training centers and the only Reading Recovery Spanish language intervention training center in the country. Reading Recovery is the world’s most widely researched intervention for young children having extreme difficulty with early literacy learning.

Nine women who taught visual arts at the university from the 1920s through the 1970s are considered the “Pioneers of Modernism” in Texas. Today, Texas Woman’s visual arts faculty and students continue to receive national recognition for their work. The university also established Texas’ first department of music in 1915, and a century later, Texas Woman’s music students perform across the nation, including at the Kennedy Center and Carnegie Hall.

The music therapy program is the oldest ongoing program in Texas and one of the first programs of its kind in the United States. Promising external national research suggests that music therapy may have a role to play in minimizing the effects of stroke and helping to improve stroke patients’ quality of life. For more than 30 years, The TWU Stroke Center has been at the forefront of research and the rehabilitation of stroke and traumatic brain injury. The center, located on the Dallas campus, evaluates and develops new treatment regimens to improve speech, language, cognition and motor outcomes – at no cost to qualified patients.

Supervised by faculty, TWU's graduate students have opportunities in The Stroke Center - Dallas to gain experience working with individual clients, assessing their communication needs, outlining a plan of care and providing outpatient services. Services include speech and language therapy, physical therapy, occupational therapy assessment and intervention and psychosocial counseling.

Texas Woman’s faculty research, often conducted with undergraduate students, affects the lives of Texans and others. Whether it is developing programs to reduce violence against women around the world, working with veterans and their families, expanding access for children with autism or identifying more effective ways to treat cancer cells, faculty are working to improve lives and make a difference.

The median first-year earnings of Texas Woman’s bachelor’s degree graduates are one of the highest among Texas public universities. Some 85% of bachelor’s degree graduates are employed or enrolled in graduate school within one year of graduation. Over half of the undergraduate students are first-generation college students to which one alumna remarked: “you have not just changed my life, but my children’s lives and all the generations that follow.”

The university takes pride in providing students with a whole person educational experience. Its focus on service, health and wellbeing, respect for diversity in all dimensions (U.S. News & World Report ranks the university fourth in the nation for diversity) and a safe campus environment (Texas Woman’s is among the safest campuses in the nation) are among the hallmarks of a Texas Woman’s education. The university also recognized as one of the best in Texas for students with children and nationally recognized as Military Friendly®. Additionally, the university appears on the U.S. News & World Report Social Mobility list for national universities, which measures graduation rates of students who received federal Pell grants.

The publication also recognizes Texas Woman’s online graduate nursing and education degrees as being among the nation’s best and ranked specific master’s programs in nursing education and family nurse practitioner among the country’s top 10. In 2020, California education nonprofit Educate to Career announced TWU as a top university for its ability to provide a quality education during the economic crisis brought on by the coronavirus pandemic.

In 2015, the university established two new institutes that have gained important traction. The Jane

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Nelson Institute for Women’s Leadership has three centers focused on helping Texas achieve its goal of being No. 1 in the United States for women entrepreneurs, enabling women leaders in politics and public policy, and encouraging and developing student leaders. This institute leverages Texas Woman’s collections of women’s history— including its designation as the home of the Texas Women’s Hall of Fame and the national repository and research center for the Women’s Airforce Service Pilots (WASP) archives. It also houses the Sue S. Bancroft Leadership Hall, which serves as an archive and interactive learning center featuring Texas women in politics.

The Woodcock Institute for the Advancement of Neurocognitive Research and Applied Practice pursues interdisciplinary research into the cognitive profiles of individuals with diagnosed exceptionalities (learning disabilities, neuropsychological conditions, behavioral and psychiatric disorders, and giftedness).

1.3 Mission Statement

Texas Woman’s University cultivates engaged leaders and global citizens by leveraging its historical strengths in health, liberal arts, and education and its standing as the nation’s largest public university primarily for women. Committed to transformational learning, discovery, and service in an inclusive environment that embraces diversity, Texas Woman’s inspires excellence and a pioneering spirit

1.4 Scope of Goods and/or Services

TWU is seeking Proposals from one or more responsive and responsible Proposer(s) for Off-Campus Student Housing. TWU will execute a Master Lease Agreement with one or more Denton property owners or managers who will provide student housing for up to 300 undergraduate students. It is preferred that the housing will be situated close to the Denton TWU campus.

1.5 Term of Award

The term for an awarded Contract under this RFP is anticipated to begin on the date of the last signature, and to expire two (2) years from that date. Unless terminated earlier pursuant to the Contract terms, any Contract may be renewed for up to three (3), one (1) year Renewal terms upon mutual agreement of the parties, to be evidenced in writing sixty (60) days prior to the expiration date of the initial or then current renewal term.

Automatic renewals shall not be utilized unless approval is obtained from the Board of Regents outside of an original four year term. The contract will require a termination without cause provision of sixty

(60) days or less.

1.6 Schedule of Events

TWU will make a good faith effort to follow the timeline below for evaluating, negotiating and issuing an award:

Distribution of RFP .................................................. 12/21/2023 Deadline for Submission of Written Questions……. 1/12/2024 5:00 PM CT Responses to Questions Submitted………………….1/19/2024 5:00 PM CT Deadline for Submission/Delivery of Proposals…… 1/31/2024 2:00 PM CT Evaluation of Proposals .......................................... 2/02/2024 Award Recommendation ......................................... 2/19/2024

* All dates are tentative and subject to change

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1.7 TWU’s Right to Reject

This RFP does not commit TWU to select a proposer or to award a Contract to any proposer. TWU reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP.

Proposals which are qualified with conditional clauses or alterations or items not specified in the RFP documents, or irregularities of any kind, are subject to disqualification by TWU at its option. If TWU receives fewer than three proposals, TWU has the right to reissue this RFP in order to gain additional competitive proposals.

1.8 Historically Underutilized Business (HUB) Firms

TWU endeavors to promote full and equal opportunity for businesses to supply TWU with goods and/or services that are necessary to support TWU’s educational mission. In this regard, TWU commits to select Proposers in accordance with (i) TWU needs, (ii) TWU resources, (iii) HUB goals and guidelines established by the Texas legislature and Statewide Procurement Division (SPD), and (iv) TWU policies and procedures for contracting with HUBs, specifically URP I.13.a Historically Underutilized Businesses. Proposers shall allow TWU full access to documentation relating to its HUB program and any HUB Subcontracting plans. Failure to comply with any provision of the state or University’s HUB regulations may result in immediate cancellation of any Contract.

1.9 Definitions/Glossary of Terms

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 a 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 TWU and the Proposer.

Best Value: Factors to be considered in determining best overall value for TWU in accordance with Texas Education Code §51.9335 (b).

Best and Final Offer (BAFO): The result of final negotiations with responsive Proposers during the RFP process.

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 affecting, the employee’s judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to the Institution.

Consultant: An individual or firm that provides Consulting Services to an Institution and does not involve the traditional relationship of employer and employee Texas Government Code § 2254.021.

Contract: A legally binding written agreement executed between TWU and a third party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to: letter agreements, co-operative agreements, memorandums of understanding (MOU), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2254.htm

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Contract Administration: Following the award of a Contract, the 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 a Contract.

Contractor: An entity or individual that has a Contract to provide Goods or Services to TWU. For the purposes of this RFP, Contractor is used interchangeably with the term “Proposer”.

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-month period starting September 1 and closing on August 31 covered by the State’s annual budget.

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

Opening Date: The date and time, after submission of Proposals, when sealed Proposal Responses are opened.

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.

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 signed written acceptance of an offer from a vendor. A purchase order may serve as the legal and binding Contract between parties.

Renewal: The process where an existing Contract is renewed for an additional time period in accordance with 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.

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 for

Page 10 of 37 Rev. 3/21 a Construction Project, which may involve to a lesser degree, the delivery or supply of products.

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 which is designed to help potential Proposers understand the requirements of a Solicitation. 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.

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

Vendor: A supplier of goods and/or services that is awarded and contracts with TWU.

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

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SECTION 2

PROPOSAL REQUIREMENTS AND PROCEDURES

2.1 Questions by Proposers

Questions must be submitted in writing by the date indicated in the section entitled “Schedule of Events.” The questions, written TWU response, and addenda related to the RFP, if any, will be posted on the State of Texas Electronic State Business Daily (ESBD) website http://www.txsmartbuy.com/sp.

Only those replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. If TWU determines a question has been sufficiently answered in the RFP, the inquiring proposer will be referred to the relevant section of the RFP. Note: It is the responsibility of the Proposer to check the ESBD website for any and all addenda posted for this RFP.

Questions must be emailed to the following purchaser:

Jamie Cogdell, CTPM Twubids@twu.edu

Texas Woman’s University Procurement and Contract Services

2.2 Communications with TWU Personnel

Except as provided in this RFP and as otherwise necessary for the conduct of ongoing TWU business operations, proposers are expressly and absolutely prohibited from engaging in communications with TWU personnel who are involved in any manner in drafting of the RFP, in the review and/or evaluation of the Proposals, selection of a proposer, in selection of a Contractor, or negotiation or formalization of a Contract. If any proposer engages in conduct or communications that TWU determines is contrary to the prohibitions set forth in this section, TWU may, at its sole discretion, disqualify the proposer and withdraw the proposer’s proposal from consideration.

2.3 Proposal Formatting and Presentation Requirements

2.3.1 The Proposal itself must contain all the components in the following order:

• Background of the proposer;

• Proposer’s responses to the section entitled “Questionnaire”;

• Schedule of costs and fees;

• Scope of work, including a program overview;

• Insurance and bonds (if requested);

• HUB subcontracting plan (required for proposals valued at ≥ $100,000);

• W9; and

• Signed Affirmations and Conflict of Interest.

2.3.2 The Proposal must include a table of contents, which should contain sufficient detail to facilitate easy reference to the sections of the Proposal.

2.3.3 Preprinted material should be referenced in the proposal and included as labeled attachments, provided as a separate section of the proposal and clearly identified in the table of contents

2.3.4 All pages are to be typed on 8 ½ x 11-inch paper and numbered sequentially.

http://www.txsmartbuy.com/sp

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2.4 Submittal Instructions for Proposals

2.4.1 The Proposals must be signed by the responding company’s official authorized to commit such Proposals. Failure to sign the Execution of Offer will be basis for Proposal disqualification.

2.4.2 All proposals must be submitted/or received no later than the date and time indicated in the section entitled “Schedule of Events.

2.4.3 Proposers must verify that all components referenced in 2.3.1 have been attached and submitted.

2.5 HUB Subcontracting Plan

TWU has determined that there are subcontracting opportunities. The Proposer must include a subcontracting plan for any Proposal anticipated to result in a Contract exceeding $100,000, even if the Proposer intends to self-perform. Supporting documentation must be submitted with the subcontracting plan. Credit can be received for first and second tier (subcontractors of subcontractors).

For assistance with preparation of the subcontracting plan, email TWUbids@twu.edu.

A HUB Subcontracting Form must be completed and returned with any proposal to be considered responsive if TWU has determined there is a possibility of subcontracting.

HSP forms can be found at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. Additional information about the State of Texas HUB requirements is available on the Texas Comptroller’s website under the “Historically Underutilized Business (HUB) Program” link https://comptroller.texas.gov/purchasing/vendor/hub/

TWU is relying upon the Proposer’s expertise to fully identify subcontracting opportunities that best align with their organization and this procurement request. Proposers, who intend to subcontract, are responsible for identifying all areas that will be subcontracted. In accordance with 34 TAC §20.11, a subcontractor means a person who contracts with a prime contractor to work, to supply commodities, or contribute toward completing work for a governmental entity.

2.6 Right to Modify, Rescind, or Revoke the RFP

TWU reserves the rights to modify, rescind, or revoke this RFP in whole or in part at any time prior to the date on which the authorized representative of TWU executes a Contract with the selected Proposer.

2.7 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the Proposer to the terms and conditions contained in this RFP and to compliance with the information submitted in the Proposal. Each Proposer submitting a Proposal certifies to both (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmations and Conflict of Interest to bind the Proposer.

Proposals submitted without the required signature shall be disqualified.

2.8 Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies, TWU Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, state, and https://twu.edu/media/documents/procurement/hub-subcontracting-plan.pdf https://comptroller.texas.gov/purchasing/vendor/hub/

Page 13 of 37 Rev. 3/21 federal laws and regulations, as well as with all applicable policies and procedures of Texas Woman’s University.

2.9 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmations and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TWU’s General Terms and Conditions contained in the RFP, all of which will be incorporated into and be made a part of any Contract awarded by TWU.

TWU, at its sole discretion, may disqualify a proposal from consideration if TWU determines a proposal is non-responsive and/or non-compliant in whole or in part with the requirements set forth in this RFP.

2.10 Binding Effect of Proposal

Unless otherwise agreed in writing signed by Chief Procurement Officer, each Proposer agrees to and shall be bound by the information and documentation provided with the proposal, including prices quoted for services. Proposals are to be valid for TWU’s acceptance for a minimum of 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.

2.11 Right of Rejection

A proposal consisting of only alternate Services (i.e., a proposal that offers Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TWU and is subject to rejection.

2.12 Use and Disclosure of Information

Proposers acknowledge that TWU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act. 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 TWU only for purposes related to or arising out of the (a) evaluation of proposals, (b) selection of a Proposer pursuant to the RFP process, and (c) negotiation and execution of a Contract, if any, with the Proposer selected.

If the proposer marks the whole Proposal or substantive portions of the Proposal as confidential, TWU in its sole discretion may declare the proposal non-responsive.

By submitting a Proposal, Proposer hereby grants a limited license to reproduce the Proposal in order to comply with any legal requirement including but not limited to the Texas Public Information Act and legislative budget board requirements.

2.13 Extension of Pricing and Terms and Conditions

Proposers are requested to extend the pricing and all terms and conditions offered in their proposal to state agencies listed as institutions of higher education as defined by Section 61.003, Education Code, as well as other State of Texas “Certified,” public educational entities. In the event an award is made, the individual agencies may or may not elect to use the Contract.

2.14 Withdrawal or Modification

No proposal may be changed, amended or modified after it has been submitted or filed in response to this http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm

Page 14 of 37 Rev. 3/21 solicitation, except for obvious errors in extension or as part of the negotiating process which are approved by the Chief Procurement Officer. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by TWU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TWU.

2.15 Risk of Loss, Damage, Delay

Proposer acknowledges and agrees to release and hold harmless TWU, 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 submission or delivery of the proposal or failure to submit or deliver the proposal to Procurement and Contract Services at Texas Woman’s University, as designated in the submittal instruction sections of this RFP.

2.16 Proposal Opening

Proposals will be opened online after the deadline. For convenience, Proposers wanting a list of proposals submitted can email the TWU contact person listed in section 2.1 after the opening. All submitted proposals become the property of TWU after the RFP submittal deadline/opening date and will not be returned.

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SECTION 3

PROPOSAL CONTENTS/DETAILS

3.1 Objectives

TWU is seeking proposals from responsive and responsible proposer(s) for a Master Lease Agreement with one or more Denton property owners or managers with properties situated close to the TWU Denton campus. The initial term of the Agreement would be two (2) years. in accordance with the requirements/conditions set forth in the Sealed Proposal Request No. RFP-731-24-006-JC.

The Contract is based on this RFP, the Proposal, and the Proposer’s technical specifications supporting it.

3.2 Project Details

TWU Housing and Dining is looking to acquire off-campus student housing to accommodate overflow of on-campus living. Preference will be given to owner(s) who can accommodate the students all at one building or in close proximity of each other. TWU housing staff must have access to all units listed in the proposal by July 1, 2024. If this is not possible, an explanation must be provided in the proposal as to when available. The typical student lease term (move-in) will be mid-August, 2024 through (move-out) mid-May, 2025. Units will remain available for rollover occupancy and summer occupancy.

TWU will consider leasing with one (1) or more apartment/housing complexes for up to a total of 300 bedrooms with no fewer than 30 bedrooms at any property. The units must be standard apartment size with private bedrooms. A standard apartment unit is considered to be a unit with full kitchen including standard-size appliances, living room, at least one bathroom with tub/shower, and at least one bedroom. TWU will provide the required tenant proof of property rental insurance.

Arrangements will be made to view all properties meeting the requirements of this project after all responses have been received and scored by evaluation committee. Procurement will contact the top scored vendors to schedule a site tour, including any unit available. Site visits will be scheduled beginning-mid February.

TWU will review the public crime data for the property and vicinity of all bidders. This data will factor into the awarding of the bid. If tenant policies by the property conflict with TWU student conduct policies, the conflict will be addressed by Room Entry Process (see attached Residence Life Handbook

– room entry page 38).

3.3 Mandatory Requirements/Conditions

3.3.1 Description of a standard unit, including all amenities, provided for each unit/building.

3.3.2 Distance to TWU Denton campus must be no more than 5 miles, preference is location close to campus.

3.3.3 Provide floor plans of the proposed units with details of units on an overall site plan.

3.3.4 Provide a description/site plan of the entire complex and all buildings. This should include a description of facility lighting, walkways, elevations, construction materials, photographs, elevators, emergency evacuation routes and assembly locations, fire alarm and sprinkler system, etc. if applicable. Note any features not available on site plan.

3.3.5 All units must have the following features:

1. Door viewer on entry door.

2. Smoke detectors within the unit.

3. Blinds or window treatments for privacy.

4. Standard size kitchen appliances (oven, stovetop, dishwasher, refrigerator).

5. Heating and Air Conditioning controlled within the unit. Central a/c and heating

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3.3.5 Master lease will be negotiated between TWU and Owner/Manager. If there are additional residency contract requirements please explain requirements in response. Lease terms will be subject to negotiation and TWU will make no legal or financial commitment until a formal lease agreement is signed by an authorized contracting officer of TWU (see Master Lease Template attached).

3.3.6 Explanation of the registration and residency policy for emotional support animals as recognized by the Fair Housing Act. TWU students will not be permitted to have pets unless they are an emotional support animal as defined.

3.3.7 A 10-year catastrophic damage history of the proposed units, if applicable. This would include flood and fire damage history report.

3.3.8 Provide a description of the tenant mail and package process and services.

3.3.9 Provide a description of the tenant laundry facility services, including any applicable rates.

3.3.10 Parking must be available. Response to include information regarding tenant parking and policies.

If parking is an additional tenant fee, explain and provide cost in the pricing proposal. TWU Public Safety will patrol apartment building parking lots and vehicles must have TWU parking decals purchased through TWU Parking office.

3.3.11 Provide information regarding security and safety features of the property and for each individual unit.

3.3.12 Describe availability of handicap accessible apartments and how amenities meet disability standards.

3.3.13 Wireless Internet within units must be provided by the proposer. Describe the type of internet provided. Wireless internet access to all apartments and individual rooms shall meet the minimum specifications:

• Internet bandwidth shall be equal to or greater than 100 Mbps down/10 Mbps up (per unit, up to 2 bedrooms) or 150 Mbps down/10 Mbps up (per unit, 3-4 bedrooms).

• Wireless signal in each apartment shall be -67 dBm or stronger at 2.4 GHz in all four corners and the center of each bedroom and living area (excluding kitchens and bathrooms).

• IEEE standard 802.11ax (Wi-Fi 6) shall be supported.

3.3.14 Maintenance/Make-Ready: Before the occupancy of a unit by a student, respondent/owner will make the units move-in ready, at owners expense, in accordance with TWU student housing standards (see attached Resident Life Handbook for TWU housing standards). Owner to provide day-to-day maintenance and shall be responsible for building services including maintenance, repairs, landscaping, pest control and trash removal. Response to maintenance and repairs calls must be addressed within 48 hours (2 business days) of the request. If more time is required, a written explanation must be provided to TWU Housing & Dining.

3.3.17 Custodial services: Owner/Manager shall be responsible, at their expense, for cleaning of units, both partial occupancy and complete units, after a student moves out. Custodial services will be required for unit make-ready prior to students moving in. All carpet in units will be shampooed (at minimum) one time per year for all occupied units.

3.3.18 All leased apartment units must comply with all codes as adopted by the City of Denton, including but not limited to City of Denton adopted Building Code, Fire Code and Life Safety Codes.

Proposer should provide information about the most recent code compliance inspections conducted by the city. Apartments are subject to inspection by TWU Environmental, Safety & Health and State Fire Marshal’s Office personnel, individually or in conjunction with city inspectors. Owner shall be responsible for any and all cost related to code compliance requirements and shall respond to code compliance citations within the time provided by the City.

3.3.19 Apartment complexes must have well maintained landscaping with adequate lights illuminating the apartment building, walkways, and parking lots. Shrubbery and trees must be trimmed so as not to create any safety hazards or block lights.

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3.3.20 In the event TWU desires certain improvements made to the properties, reasonable improvements will be made, including but not limited to, landscaping, exterior lighting, signage, and anything relating to the safety and security of TWU students. This shall be a negotiated cost between TWU and the owners or managers.

3.3.21 TWU will be permitted to add yard, building, lobby, and apartment signage to identify the TWU area of the apartment complex.

3.3.22 University shall have access to the space at all times during the agreement. TWU shall have the right to remove existing locks and install new locks on apartment entry doors, and maintain keys and lock services provided by TWU personnel. Respondents will be responsible for hardware and maintenance of door (knob/level). Bedrooms must be able to be locked.

3.3.23 Provide the address of the buildings, the year they were built, and details of any renovations from the past 10 years.

3.3.24 Explain the ownership of your property:

1. Name of owner and if applicable, name of management company

2. Type of entity (individual, partnership, LLC, etc.)

3. Provide most recent W9. W9 must be signed within the year 2023.

4. Address of owner

5. Years the property has been owned by the owner

6. What other properties in Denton are owned by this owner

7. Who manages this property and direct contact information

3.3.25 Criminal Background Checks: Owner will provide a 24/7 emergency on call number and responsible individual. All maintenance personnel, subcontractors, and other employees of the Owner who will interact with TWU students and staff are required to complete Criminal Background Checks annually in compliance with the following:

Social Security Verification or Validation;

Alias and Address History;

Terrorist Watch List Search;

National Criminal Database Search (for the past ten (10) years);

Federal Criminal Records Search (all names or aliases and all jurisdictions resided in for the past ten (10) years);

County Criminal Court Records Search (all names or aliases and all counties resided in for the past ten (10) years); and National Sexual Offender Registry Search.

Individuals with relevant convictions will not be permitted to interact with TWU staff or students unless continuously escorted by another individual for whom a criminal background check has been completed and passed without any relevant convictions. The following types of convictions are generally considered relevant to any activities at TWU: Injury to person(s), Injury to property, Murder, Sexual misconduct, Theft, Threats and Weapons.

Additional offenses that may be relevant include those related to the work to be performed.

Examples include: criminal traffic offenses (e.g. DWI, DUI) if work involves driving vehicles or operation of heavy equipment.

• Individuals must notify their immediate supervisor and TWU point of contact of any arrest, indictment, conviction, or other adjudication for any felony or offense of moral turpitude (including offenses involving dishonesty, fraud, deceit, theft, misrepresentation, deliberate violence) no later than five (5) business days after such arrest, indictment, conviction, or other adjudication.

• The cost for background checks is at the owner’s expense.

TWU URP https://public.powerdms.com/TWU1/documents/1747832 contains the complete olicy.

3.4 Preferred Requirements/Conditions

https://public.powerdms.com/TWU1/documents/1747832

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3.4.1 Include information regarding proximity to public transportation. Preference will be given to facilities that are pedestrian and bicycle accessible and within close proximity to a public transit stop. Availability of bicycle racks or storage will also be considered.

3.4.2 Units reserved for TWU will be located near each other on the property. If this is not possible, it would then be preferred for the units to be in an area of the property designated for college students. The type of residents of the complex should be described in the proposal.

3.4.3 Furnished Units preferred. If this is an option for the proposed units, please provide a detailed description of what furniture is provided in each unit.

3.4.4 Units located within a garden-style arrangement or with entry doors in interior secure hallways.

3.4.5 Proposed units will have been built or renovated since 2013.

3.4.6 Building fire alarm system with sprinkler system within units and National Fire Protection Agency

1 and 101 compliance.

3.4.7 Free Laundry facilities available to all tenants at all times and/or washer and dryer in unit.

3.4.8 For TWU staff/RAs – One (1) unit available per 80 beds on-site at no cost to TWU.

3.5 Delivery and Inspection

3.5.1 All units provided in proposal for TWU students will be inspected prior to agreeing to any lease and all items must be included as addressed in RFP requirements under Mandatory and Preferred Requirements/Conditions.

3.6 Invoicing and Payment

3.6.1 Proposer(s) shall be required to submit invoices to Texas Woman’s University Procurement and Contract Services, P.O. Box 425439, Denton, Texas 76204-5439 or email to twupayables@twu.edu.

3.6.2 All invoices will be paid net 30 in compliance with Texas laws. All invoices must reference a valid purchase order or will be returned as non-compliant. No order shall be placed without a valid TWU purchase order.

3.6.3 Proposer(s) may submit a proposal for a prompt payment discount.

3.7 Compensation and Fees

3.7.1 Provide a compensation schedule in response to this RFP, include an estimated maximum amount including any incidental expenses. Proposer(s) should also provide an estimated fixed fee amount that will be charged for additional expenses (if any). No deposits will be required of the students or TWU. Monthly rent charges will be paid in arrears.

The RFP Pricing Response must include the following:

o The number and type of each unit available with a total bedroom count and square footage of each apartment type.

o The monthly rate for each unit, without additional fees.

o Utilities (i.e. heat, electric, gas, water/sewer, internet, and garbage/recycling)

These must be in the name of the owner/property manager.

Please explain if there is a monthly allowance or threshold.

TWU must be given access to review the monthly utility charges for each individual unit.

o If the property is proposing both furnished and unfurnished units, both rates should be provided, noting which rate is for each type of unit.

o Applicable required monthly fees for each unit and a description of what those fees include.

o Listing of any optional monthly charges.

mailto:twupayables@twu.edu

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3.8 Alternate Proposals

TWU will not consider alternate proposals outside this RFP for required services that expand or are different from these specifications.

However, the Proposer may take the opportunity to relate to TWU any new or different services (not presented in the…