ESBD_File_349408_RFP-24-02 Purchase of Fleet Vehicles.pdf

REQUEST FOR PROPOSALS

“Purchase of Fleet Vehicles”

FOR

TEMPLE COLLEGE

PROPOSAL NUMBER: 24-02

PROPOSALS MUST BE RECEIVED ON OR BEFORE:

11:00 A.M. on February 20, 2024

PROPOSAL SUBMISSION

DEADLINE: Proposals must be received in the Temple College Purchasing Office on or before 11:00 A.M.

on February 20, 2024. Proposals received by the due date and time will be opened and the proposer’s names read aloud directly following the proposal deadline in the Temple College Purchasing Office within the Maintenance Building, #12, 2600 S. 1st St., Temple, TX 76504.

In the case of inclement weather or any other unforeseen event causing the College to close for business or delay opening, proposals will be received and opened the following business day at the designated time and place stated herein. For example, if proposals are due on Wednesday at 2:00 P.M. and the College is closed on Wednesday for bad weather or an unforeseen event, the proposals will be accepted until Thursday, 2:00 P.M.

METHODS: Only sealed proposals may be hand delivered or mailed to:

Temple College Attn: Brian Supak, Purchasing Director 2600 South First Street Temple, Texas 76504

LOCATION DIRECTIONS: Please review page 26 for a map and directions to the Temple College’s Maintenance Building.

FAX/EMAIL: Facsimile and electronic mail submissions are not acceptable.

REQUEST FOR PROPOSALS

#RFP-24-02 PURCHASE OF FLEET VEHICLES

Temple College (“TC”) (“College”) invites qualified vendors to submit proposals for the procurement of various fleet vehicles for College use. See the attached sheets for specifications, terms and conditions required. Proposals may be given on one or all items listed, and we reserve the right to purchase the items as a group or individually from different suppliers. It is not the intent of any condition of the specifications to prohibit any responsible vendor from submitting a sealed proposal response.

Proposal Submission Deadline: Tuesday, February 20, 2024 @ 11:00 A.M. CDT

Proposals will be opened and read publicly on February 20, 2024 at 11:00 A.M. Proposals will be reviewed and subsequently tabulated by the Purchasing Department; then processed through appropriate channels for review and approval.

Please provide one (1) original paper copy and one (1) electronic copy of proposals on a thumb drive. Sealed Proposals and supporting documentation must be submitted by mail, delivered by courier, or delivered in person with the proposal “#RFP-24-02” written in the lower left corner of the envelope and shall be subject to be held firm without revocation for a period of 48 hours after the proposals are due.

Temple College will not be responsible for miss-sent, lost, or late mail, or for proposals not delivered directly to Purchasing Department personnel. Proposals will NOT be accepted by email or fax.

Proposals that arrive after the closing date and time will be rejected. Temple College reserves the right to reject any and/or all proposals and to accept the proposal(s) the College considers most advantageous and the best value. Acceptance of a proposal will be based on the total package of the product and services proposed. The College is exempt from state and local taxes; a tax-exempt form will be furnished upon request. Companies are encouraged to respond even if they do not wish to submit a Proposal. Returning the “No Proposal” page is considered a response. Please see the Schedule of Events for more information and deadlines.

Temple College is always conscious and extremely appreciative of your time and effort in preparing this RFP. Any additional information should be directed in writing by February 13th, 2024 at 11:00 A.M. to:

Brian Supak

Director of Purchasing brian.supak@templejc.edu – Email mailto:brian.supak@templejc.edu

TABLE OF CONTENTS

Temple College Background Information 4 Terms and Conditions 5

Definitions 5 Purpose 5 Quantities Listed in Specifications 5 Right of Rejection / Waiver 5 Pre-Proposal Conference 5 Schedule of Events 5 No Commitment to Contract 6 Contract and Term of Agreement 6 Termination of Contract 6 Confidential and Proprietary Information (Open Records) 6 Proposal Format Submission Requirements 7 Requirements for Return of Proposal Responses 7 Vendor Verification / Investigation 7 Vendor Obligations 8 Interpretations of the Specifications 8 Where to Address Questions 9 College Obligations 9 Felony Conviction Notification / State of Texas Law Requirement 9 State of Texas Government Codes 2270 and 2252 10 State of Texas Government Code 2252.908 (Certificate of Interested Parties Form 1295) 10 Debarment 10 Conflict of Interest 10 Evaluation Criteria 11 Negotiations 11 Proposal Award 11 Vendor of Record 11 Non-Discrimination in Award 11 Right of Vendor Selection 12 Written or Oral Discussions/Presentations 12 Acceptance of Proposal Content 12 Price Guarantees 12 Warranties 12 Complaint and Dispute Resolutions 12 Insurance Requirements 12 Indemnification Requirements 13 Purchase Orders 13 Tax Exemption 13 Delivery Expectations 13 Payments 14 Invoices and Payment / Discounts 14 Cost of Proposal Preparation 14

FORMS

Proposal Acknowledgment 15 Vendor Information 16 Vendor Certification 17 No Proposal Form 18

CIQ 19

W-9 22 References 23 Specifications & Pricing Form 24 Temple College Purchasing Office Location 26

Temple College Background Information

Temple College is a comprehensive community college offering an array of educational opportunities. Founded 1926, Temple College has enjoyed an excellent academic reputation for more than 90 years, and is nationally recognized for excellence in its programs from the visual and performing arts to competitive athletics, and has become one of the premiere institutions in the state for education and training of health care providers. The faculty and staff are committed to providing exceptional quality instruction.

Temple College is friendly, convenient and economical for students residing in Central Texas. Both day and evening classes are available at the campus in Temple and classes also are available in Hutto and Taylor. Online classes provide the opportunity to learn at any time or any place, 24/7. The college experience is enhanced by a variety of student services ranging from open computer labs and online tutoring to the latest technology in the classroom and personal attention from faculty and staff. Other opportunities for enrichment are provided through student organizations and activities, cultural and athletic events, forums and workshops.

Attending Temple College is an excellent way to adjust to college life before transferring to a four-year university, or to save money on the first two years of college. All courses in the core curriculum transfer to public four-year colleges in Texas. Temple College also has articulation agreements with local private colleges such as Baylor University or the University of Mary Hardin-Baylor to make sure that credits transfer. A partnership with Texas A&M University – Central Texas enables students to earn a degree in music while taking most of the classes in Temple.

Whether students are looking for a certificate, an Associate of Arts (AA) or Associate of Science (AS) degree or an Associate of Applied Science (AAS) degree, or if they just need to gain some continuing education units (CEUs), Temple College provides high-quality programs to meet those needs.

Terms and Conditions

Definitions Temple College will be the same as “TC” or “College” Vendor will be the same as “Proposer”, “Responder”, “Company”, “Firm”, or “Contractor” Request for Proposal will be the same as “RFP” or “Proposal”

Purpose Temple College is seeking proposals from qualified vendors for the procurement and ownership of fleet vehicles, such as cars, mid-size trucks, full-size trucks, full-size SUVs and mid-size SUVs. See the specifications, terms and conditions for more details.

Quantities Listed in Specifications The quantities of each item listed in the specifications are approximations only; more or less than the quantity stated may be purchased based on actual requirements and budget availability. The ordering department will determine the quantity required and when they will be purchased during the academic year. The college will only be responsible for payment of those items purchased and received on a valid, signed purchase order.

A percentage discount off the manufacturer’s list price is requested for items not specifically listed in the proposal specifications. This information is to be provided at the end of each product category in the item specifications.

In accordance with applicable law, the college is not obligated to purchase any products and/or services in the event that the State of Texas or the Temple College Board of Trustees does not allocate funds.

Temple College reserves the right to increase or decrease the quantities to meet its actual budgetary needs without any adjustments in the proposal prices.

Right of Rejection / Waiver Temple College reserves the right to reject any and/or all proposals and waive any and all formalities, technicalities, and conditions. TC shall accept the proposal determined by the College to be in its best interest. It is not the intent of any condition or specification in the RFP to prohibit any responsible vendor from submitting a proposal.

Pre-Proposal Conference Temple College will not be hosting a pre-proposal meeting for this RFP. However, vendors may email Brian Supak, Director of Purchasing at brian.supak@templejc.edu with any questions that may arise when reviewing this RFP until 11:00 A.M., February 13, 2024.

Schedule of Events The tentative schedule that Temple College intends to use for this RFP is shown below. The College reserves the right to adjust the schedule as necessary to best fit its needs. Any change will be communicated to all vendors by the issuance of an addendum.

Activity Date/Time

Request for proposals issued February 6, 2024 Deadline for submission of questions by potential respondents February 13, 2024, 11:00 A.M.

Proposals due February 20, 2024, 11:00 A.M.

Estimated Award of Contract by TC Staff February 22, 2024, 11:00 A.M mailto:brian.supak@templejc.edu

No Commitment to Contract Individuals or business entities receiving this RFP are hereby notified that this is a request for proposal only and does not constitute an offer by the College to enter into a contract, nor does this RFP create any obligation on the part of the College to any person or entity responding to this RFP.

Any agreement(s) resulting from this RFP may be awarded to the responsive and responsible RFP responder(s) whose proposal, in the opinion of the College, offers the greatest benefit to the College when considering the total best value, including, but not limited to, the quality of products, service, and total cost, trade-ins, upgrades, available volume discounts, shipping, and other miscellaneous charges.

Contract and Term of Agreement This RFP document in its entirety will constitute the entire agreement. No other document will prevail unless agreed by both parties in writing.

Termination of Contract

1. Termination by Mutual Agreement

The contract may be terminated at any time, with or without cause, by the mutual agreement of the parties hereto, with thirty (30) days written notice prior to the effective date.

2. Termination for Convenience This contract may be terminated by either party upon written notice delivered to the other party at least thirty (30) business days prior to the effective date of termination. By such termination, neither party will nullify its obligations or liabilities already incurred for performance or failure to perform prior to the date of termination.

3. Termination for Cause Temple College may terminate this contract for cause based upon the failure of Contractor to comply with the terms and/or conditions of the Agreement, or failure to fulfill its performance obligations pursuant to the agreement, provided that the College shall give the Contractor written notice specifying the Contractor's failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the College may, at its option, place the Contractor in default and the Agreement shall terminate on the date specified in such notice.

The Contractor may exercise any rights available under the law to terminate for cause upon failure of the College to comply with the terms and conditions of this agreement, provided that the Contractor shall give the College thirty (30) days written notice specifying the College's failure and a reasonable opportunity for the College to cure the defect.

Confidential and Proprietary Information (Open Records) Potential respondents are advised that all information received by the College in response to this RFP may be subject to public disclosure under applicable laws. However, understand this information may be shared with individuals within the decision committee if it is important to the decision process. All proposals, forms, documentation, or other materials submitted by the Vendor to the College in response to this Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. Seq.) or similar disclosure law. Proposer must clearly identify any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. On a separate sheet of paper clearly titled “CONFIDENTIAL and PROPRIETARY” the vendor must identify the specific information that is considered confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The College and its Administration will not be responsible for a Proposer’s failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Vendor acknowledges that the College and its Administration will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. If Proposer fails to properly identify the information the College shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third-party request access to the information under the Texas Public Information Act or similar disclosure law. Proposer will be notified of any third-party request for information in a Proposal that Proposer has identified in this RFP as proprietary or confidential.

Proposal Format Submission Requirements Vendors must adhere to the following sequence and format when submitting a proposal. Consistency in the format will assist the College in the evaluation process. Failure to comply with the format may result in an inability for the College to fairly evaluate the proposal resulting in a lower ranked proposal.

1. A cover letter

2. A table of contents

3. General information about the proposing company

4. Completed and signed Proposal forms:

a. Proposal Acknowledgement

b. Vendor Information Form

c. Vendor Certification Form

d. EDGAR Certification Form

e. No Proposal Form (returned only if a proposal is not being submitted)

f. CIQ Form

g. Request for Taxpayer Identification Form (W-9 Form)

h. References Form

5. Price Proposal Page

6. Detailed warranty and maintenance information

Requirements for Return of Proposal Responses Proposals must be submitted in the two separate envelopes as follows.

First Envelope – Signed Proposal response – marked “RFP-24-02 Original”

• One (1) ‘original’ of the proposal response bound in a manner selected by the Vendor and (duly marked as the original), with all required documents signed by a representative authorized to sign the proposal and pricing document on behalf of the Vendor

Second Envelope – in a separate sealed envelope and marked “RFP-24-02 Copy”.

• One (1) additional electronic copy of the proposal response on a thumb drive selected by the

Vendor and identified as a “copy”.

Failure of the Vendor to submit the proposal in the proper format may result in rejection of the entire proposal.

• Proposals must be received in accordance with Submittal Deadline as specified. Each Vendor is solely responsible for the timely delivery of its proposal. Failure to meet the submittal due date and time shall be grounds for rejection of the proposal.

• Office hours for receipt of proposals are: Monday through Friday, 8:00 A.M. through 4:00 P.M. CDT.

Proposals shall be submitted by mail, courier or delivered in person at the address indicated on the RFP Cover Page prior to the closing time set for receipt of proposals, as detailed on the RFP Cover Page.

• A Vendor may withdraw or modify its proposal prior to the Receipt of Proposals Deadline. Proposals submitted prior to the Submittal Due Date / Deadline may be modified or withdrawn only by written notice to the Temple College Director of Purchasing; no oral modifications will be permitted

• Submitted proposals constitute an offer by each respective Vendor and shall remain irrevocable for a period of 48 hours following the Submission Deadline.

Vendor Verification / Investigation The College may make such investigations, as it deems necessary, to determine the ability of the vendor to provide a satisfactory product and performance. The Vendor shall furnish to the College all such information and data for this purpose as the College may request. Vendors may be required to provide an item for evaluation purposes.

Vendor Obligations Vendor proposal documentation must be received by the Temple College Purchasing Department prior to the 2:00 p.m. proposal deadline. In addition to the completed proposal specifications, a company officer or representative attesting to acknowledgment, understanding, and compliance with all applicable terms, conditions and requirements, must sign all required proposal documentation. The individual signing the documentation must have the authority to commit and obligate the company for all terms and conditions as stated.

Reference numbers indicating specific brand names, manufacturer numbers, or vendor catalog or part numbers may accompany item descriptions in the proposal specifications to further clarify the exact product required.

Vendors may propose “equivalent” items in their proposal that must meet or exceed the original specifications;

however, the actual brand and vendor catalog number must be indicated beside “Brand name and number proposed” and complete descriptive literature or product sample must be provided with the proposal. Temple College personnel will be the sole judge regarding the acceptability and approval of “equivalent” items that deviate from the specifications stated. Proposals for “equivalent” items that are not supported by documentation or samples to allow adequate evaluation will be rejected as non-responsive.

Substitutions will not be allowed after the proposal has been submitted. The vendor will not substitute a like item for any quoted item listed in its proposal without the prior written consent of the college.

Unauthorized substitution, failure of a delivered item to perform as specified or expected, or failure to meet the expected delivery schedule shall release the college from all obligations to the vendor regarding the item(s) involved.

Vendors and their representatives are prohibited from contacting either in person, by telephone or via fax or email, any administrative, instructional or maintenance personnel during this time of RFP process without approval from the Purchasing Department Director or Buyer.

Vendor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the College.

Specifications a vendor does not agree with must be submitted in writing to Temple College Purchasing Department ten (10) days in advance of the opening.

Any quantity or prompt-pay discounts must be listed on the proposal documentation and invoices.

The vendor at no cost to the college will promptly replace any item that does not perform as specified or fails to meet standards.

It is understood and agreed that pricing, delivery and/or installation dates after receipt of a purchase order will not vary from the information provided by the vendor’s proposal to the college. In its evaluation or acceptance of any proposal offer, the college is relying on the promised pricing, delivery and/or installation dates as material and basic to its acceptance of any offer unless otherwise stated. In the event that the vendor fails to deliver item(s) as and when promised, the college reserves the right to cancel its order entirely or any part thereof and may return all or any part of any shipment so made. The college may charge the vendor for any cost or loss incurred as a result of such failure to deliver as promised, including any additional cost associated with procurement of items from other vendors.

The vendor must provide all information requested for each item in the proposal specifications. Information is to be provided in the spaces provided. Proposal offers lacking full documentation will not be given consideration and will be considered non-responsive.

All proposal documentation must be complete and signed by an appropriate, authorized company officer or representative to be considered.

Interpretations of the Specifications Only the interpretation or correction so given by the Director of Purchasing or the Assistant Director, in writing, shall be binding and prospective vendors are advised that no other source is authorized to give information concerning, explain or interpret the RFP document. All requests for such interpretation or correction must be in writing, and addressed to the Purchasing Department, by email: brian.supak@templejc.edu. All such interpretations and supplemental instructions will be provided in the form of an addendum to the proposal documents and written response and will be provided to the requesting vendor.

mailto:jrogers@wc.edu

Where to Address Questions An initial inquiry period is hereby firmly set for all interested Respondents to perform a detailed review of the proposal documents and to submit any written questions relative thereto. Without exception, all questions MUST be in writing (even if an answer has already been given to an oral question) and received by the Inquiry Deadline February 13, 2024, 11:00 A.M. CDT, as set forth in the Schedule of Events. Initial inquiries shall not be entertained thereafter.

College Obligations The college reserves the right to separate and accept and/or eliminate any item(s) listed in this proposal that it deems necessary to accommodate budgetary and/or operational requirements. The college reserves the right to reject any and/or all proposals submitted, to waive any formalities or technicalities, and to make whatever award it deems to be in the best interest of the college. Under section 44.031 of the Texas Education Code when determining what is the best value, Temple College shall consider (reference Texas Education Code, SEC 44.031(b)).

• The purchase price

• The reputation of the vendor and of the vendor’s goods or services

• The quality of the vendor’s goods or services

• The extent to which the goods or services meet the college’s needs

• The vendor’s past relationship with the college

• The impact on the ability of the college to comply with laws and rules relating to historically under-utilized businesses

• The total long-term cost to the college to acquire the vendor’s goods or services

• For contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor’s ultimate parent company or majority owner:

o Has its principal place of business in the state of Texas; or o Employs at least 500 persons in the state of Texas

• Any other relevant factor specifically listed in the request for bids or proposals

Felony Conviction Notification / State of Texas Law Requirement The following information is included in the terms and conditions of all proposals in accordance with applicable Texas law. Each vendor must respond to this section as a requirement of the law. On May 30, 1995, Senate Bill 1 was signed by Governor George Bush and made effective as follows:

• Senate Bill 1, section 44.034, Notification of Criminal History of Contractor

(a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony.

(b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection

(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before termination of the contract.

(c) This section does not apply to a publicly held corporation.

State of Texas Government Codes 2270 and 2252 State of Texas Government Code 2270 (HB 89) prohibits governmental entities from contracting with companies who boycott Israel. The District will review Texas Comptroller website list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

State of Texas Government Code 2252 Contracting with Governmental Entities prohibits governmental entities from contracting with Iran, Sudan, or any known terrorist organization. The District will review Texas Comptroller website list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

State of Texas Government Code 2252.908 (Certificate of Interested Parties Form 1295) Awarded Contractor will be responsible for complying with Texas Government Code 2252.908 in regard to House Bill 1295 relating to the disclosure of research, research sponsors, and interested parties by persons contracting with governmental entities and state agencies, which applies to a contract entered into after September 1, 2015. A Texas governmental entity or state agency may not enter into a contract that either (1) requires an action or vote by the governing body of the entity or agency or (2) has a value of at least $1 million, unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The disclosure of interested parties must be submitted on a form prescribed by the Texas Ethics Commission that includes a list of each interested party for the contract of which the contracting business entity is aware and the signature of the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Not later than the 30th day after the date the governmental entity or state agency receives a disclosure of interested parties, the governmental entity or state agency shall submit a copy of the disclosure to the Texas Ethics Commission. A copy of the rules and Certificate of Interested Parties Form 1295 can be found at the commission’s website: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

The Certificate of Interested Parties Form 1295, that your company received from the Texas Ethics Commission, which has the certificate number in the upper right hand corner, must be signed then received within thirty (30) days after approval of contract. The form may be mailed to the previously stated address, scanned and emailed to brian.supak@templejc.edu, Awarded contractor will be responsible for complying with Texas Government Code 2252.908 in regards to House Bill 1295 relating to the disclosure of research, research sponsors, and interested parties by persons contracting with governmental entities and state agencies, which applies to a contract entered into on or after January 1, 2016. A governmental entity or state agency may not enter into a contract with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

Temple College Board of Trustees: John Baily, Lydia Santibanez-Farrell, J. Harry Adams, Alejandro C. Arroliga, Andrejs Avots-Avotins, Hope Koch, Mark H. Durham, Stephen H.

Niemeier, and Larry J. Wilkerson.

Temple College Administration: Christy Ponce, President; Susan Guzman-Trevino, Provost/Vice President, Brandon Bozon, Vice President, Susan Allamon, Vice President, Shannon Bralley, Vice President, DeDe Griffith, Vice President, Robbin Ray, Vice President, and Brian Supak Director of Purchasing.

Debarment Any bidder or any principals of a bidding company that are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State Government entity shall be considered ineligible to be awarded a contract by Temple College.

Conflict of Interest The following information is included in the terms and conditions of all bids and proposals in accordance with applicable State of Texas Government Code Chapter 176:

On May 23, 2005, the Texas Senate passed House Bill No. 914, adding Chapter 176 to the Local Government Code and imposing new disclosure and reporting obligations on vendors and potential vendors to http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm mailto:jrogers@wc.edu

Chapter 176 found in the Local Government Code. Failure to abide by these new statutory requirements can result in possible criminal penalties as a Class C misdemeanor.

(a) An individual or business entity that contracts or seeks to contract for the sale or purchase of property, goods, or services with the college must complete and submit a CIQ (Conflict of Interest Questionnaire).

(b) The CIQ form must be filed within seven days of beginning contract negotiations, or submitting an application, bid, response to a request for proposal, correspondence, or other writing related to a potential agreement with the college.

(c) Upon completion, CIQ forms should be returned to Temple College, Jeanie Hobbs, Director of Purchasing, 225 College Park Drive, Temple, TX 76086.

Evaluation Criteria

All Proposals received that meet the minimum requirements for consideration are subject to evaluation and will be judged by the following criteria:

Evaluation Criteria Weights Total Price 50% The extent to which the goods or services meet the college’s needs 20% Delivery Timeline 20% Experience and References 10%

Each proposal received will be reviewed and evaluated by the Proposal Evaluation Committee using the above referenced criteria.

Negotiations Temple College reserves the right to negotiate with the vendor whose proposal meets the needs and best value for the College. If for any reason the Respondent whose proposal is most responsive to the College’s needs, price and other evaluation factors set forth in the RFP considered, does not agree to a contract, that proposal shall be rejected, and the College may negotiate with the next most responsive Respondent. Negotiation may include revision of terms, conditions, or requirements.

Temple College reserves the right to negotiate with the awarded vendor on price and other evaluation factors regarding future vehicle purchases and vehicle trade in opportunities.

Proposal Award The college reserves the right to award to multiple or single vendors. If the vendor does not wish the bid submitted to be split, it must specify “all or nothing” on the bid document.

Following the contract award, additional products of the same general category that could have been encompassed in the award of this contract and are not already on the contract, may be added.

Vendor of Record Once the successful vendor has been qualified by the criteria mentioned; this vendor will become the “vendor of record” for the individual items awarded or for the complete package in the event that the bid is awarded aggregately for all items in the package. The vendor of record is defined as the sole supplier to the college of the item(s) awarded.

Non-Discrimination in Award Temple College is an equal opportunity employer and does not discriminate in awarding contracts or employment of persons because of their race, color, age, national origin, religion, sex, disability, sexual orientation, or any other characteristic protected by law. Temple College requires companies it conducts business with to be equal opportunity employers and comply with all applicable federal, state and municipal laws and regulations regarding contracting and employment practices.

Right of Vendor Selection Vendor is hereby notified that although the College is required to submit purchases of all contracts $50,000 or more for competitive bidding, it is not required to accept the lowest proposal. In such purchasing the lowest proposal may be rejected if the College, in the exercise of its best judgement, feels that the proposal of one other than the lowest vendor, will be the best value and best serve the interest of the College.

Written or Oral Discussions/Presentations Written or oral discussions may be conducted with Respondents who submit proposals determined to be reasonably susceptible of being selected for award. The College reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received.

Any commitments or representations made during these discussions, if conducted, may become formally recorded in the final award.

Written or oral discussions/presentations for clarification may be conducted to enhance the College's understanding of any or all of the proposals submitted. Proposals may be accepted without such discussions.

Acceptance of Proposal Content The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the successful Respondent to accept these obligations shall result in the rejection of the proposal.

Price Guarantees The college requests that proposal prices remain effective for 48 hours after the proposals are due. If awarded, pricing is to remain firm for order completion. Exceptions to this provision will require the specific written approval of the college.

Warranties Detailed documentation of all warranties must be provided with each vendor’s proposal.

Complaint and Dispute Resolutions The dispute resolution process provided for in Chapter 2260, State of Texas Gov’t Code must be used by Temple College and the bidder to attempt to resolve any dispute arising under any contract resulting from this sealed proposal.

• Written notification, including list of complaints shall be in writing to all parties via email or USPS mail within five business days from receipt of items ordered.

• Negotiation and mediation must begin no later than the 30th day after the date the claim is received in an effort to resolve the dispute.

Insurance Requirements The selected vendor will be required to supply an insurance certificate naming the College as an additional insured IF services are performed on College property. Vendor shall obtain, at its sole expense and at no cost to the College, the following minimal coverage and shall maintain such coverage in full force and effect.

• Commercial General Liability- $1,000,000 bodily injury, $1,000,000 property damage.

• Automobile Liability- $1,000,000 bodily injury, $1,000,000 property damage.

• Worker Compensation- Each accident- $1,000,000, disease policy limit- $1,000,000, disease each employee- $1,000,000.

The insurance requirements also apply to any sub-contractor(s) in the event that any work is sublet. The vendor is responsible to ensure that the sub-contractors meet the minimum insurance requirement limits according to the law.

Should any of the policies be canceled before the expiration date, the issuing company will mail thirty

(30) days written notice to the certificate holder, Temple College.

The vendor shall be required to waive all right of subrogation against the College, its officials, employees and volunteers for losses arising from work performed by vendor.

The vendor shall be required to hold the College harmless from, and indemnify it against, all liability, including attorney’s fees, which may arise from and accrue directly from the performance of the work or any obligation of the vendor or failure of the vendor to perform any work or obligation provided for in this agreement.

Indemnification Requirements The Vendor, at their own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless Temple College, its employees, and agents from and against all claims and actions, and all expenses incidental to such claims or actions, based upon or arising out of damage to property or injuries to persons caused or contributed to by Vendor.

Purchase Orders All orders will be initiated by a Temple College purchase order. A valid, numbered purchase order will be mailed, emailed or faxed to the vendor by the Temple College Purchasing Department.

Orders will not be placed by telephone, except in emergency circumstances.

Temple College will not be responsible for any goods delivered or services performed without its valid purchase order signed by an authorized representative.

Authorized Temple College Purchasing Department personnel will notify the vendor of all adjustments and cancellations to any purchase order.

Tax Exemption Temple College is exempt from federal excise taxes as well as all state and local sales taxes. These taxes are not to be included in the proposal nor on any invoices for goods or services. If taxes are included in the vendor’s proposal, it will not be included in the evaluation or award. Tax exemption certificates shall be furnished upon request.

Delivery Expectations All deliveries must be FOB, Temple College, 2600 S. 1st St., Temple, TX 76504, unless otherwise stated on the “Ship To” section of the official Temple College purchase order. Other Temple College locations are as follows:

Shipments are to be delivered to the receiving department during normal hours of operation or to another location as specified by the college.

The normal number of days after receipt of purchase order that delivery should be expected must be specified on the bid for each product category in the item specifications. The vendor must notify the Temple College Purchasing Department in the event that product delivery will be delayed beyond the time period specified.

All shipments must be accompanied by a packing list or other similar documentation. Documentation must include the vendor name, an itemized list of the items and quantities, and the Temple College purchase order number.

Payments Payment Terms are Net/30. Payment will be processed net 30 days from invoice date for items or services rendered. Deposits requested before delivery or installation of product or for services that have not begun are not permitted. No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieves Vendor of any of its obligation hereunder with respect thereto.

The acceptance of Final Payment shall constitute a waiver of all claims by the Vendor except those previously made in writing and identified by the Vendor as unsettled at the time of the final request for payment.

The College shall have the right to verify the details set forth in Vendor’s billings, certificates, and statements, either before or after payment therefore, by inspecting invoices, statements, and records of Vendor.

Invoices and Payment / Discounts Invoices are to be submitted via email or by mail to the Accounts Payable Department for items that have been received or services rendered. Invoices without references to the purchase order number may delay payment to the vendor. Invoices listing items or services other than those shown on the approved purchase order will not be paid. Itemized invoices must be submitted via email to ap@templejc.edu or mailed to the Temple College Accounts Payable Department, 2600 S. 1st St., Temple, TX 76504. Upon receipt of a properly executed invoice and verification of delivery or service from the respective department, payment will be processed net 30 Days from the invoice date for items and services received. The invoice must state prompt payment instructions if the vendor requires payment earlier than the net 30 terms.

Cost of Proposal Preparation Temple College is not liable for any costs incurred by Respondents or Contractors prior to issuance of award. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the contractor in responding to the RFP are entirely the responsibility of the Respondent, and shall not be reimbursed in any manner by Temple College.

mailto:ap@templejc.edu

PROPOSAL ACKNOWLEDGEMENT

THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL.

The undersigned affirms that he/she is duly authorized to execute this agreement, and that his/her company, corporation, firm, partnership, or individual has not prepared this proposal in collusion with any other Respondent, and that the contents of this proposal regarding prices, terms, or conditions have not been communicated by the undersigned or any employee or agent of this vendor with any company or individual engaged in this type business prior to official opening of the proposal.

Company Name

Authorized Representative Printed Name

Authorized Representative Signature

Phone Number

E-mail Address

VENDOR INFORMATION

Please type or print legibly:

Company Name:

Mailing Address:

City: State: Zip:

Phone: E-mail:

Representative assigned to TC account:

• Vendor agrees to comply with all terms, conditions and specifications of this RFP? Yes No

• Brochures and/or samples have been submitted for any items offered as an “equivalent” or as a “deviation” item or substitute for referenced items? Yes No

• Proposal is submitted according to specifications? Yes No

• Prices quoted are guaranteed 48 hours from the proposal due date/time. Yes No

• Percentage discount given for additional Items not listed (if applicable): %

• Email for purchase orders? Email

• Check any Texas State or Cooperative Contracts your company has been awarded?

BuyBoard Choice Partners PACE Tarrant County Co-op Tips/Taps TPASS TXMAS Us Communities Other

• Identify any specials, additional incentives or promotions related to this request.

List any additional fees that may be applicable to items included in this quotation (i.e. hazardous material fees, fuel surcharges, special packaging fees, etc.). Shipping and handling must be included in the unit price. The applicability of any additional fees must be indicated with the price on each line item for which the fee is applicable.

Name of Officer or Representative Vendor Proposal Number

Title of Officer or Representative Date

VENDOR CERTIFICATION FORM

1. State of Texas Government Code 2252.908 (Certificate of Interested Parties Form 1295): Successful bidders awarded contracts that are valued at $50,000.00 or more are required by state law to go to the Texas Ethics Commission website and create a login and complete the required Certificate of Interested Parties Form 1295. Once the complete form has been signed, the Certificate of Interested Parties Form 1295 must be notarized and submitted to Temple College Purchasing Department’s designated staff member listed in the solicitation. This process must be completed within 30 days of the award of contract and before a purchase order or contract is executed.

Texas Ethics Commission Website: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

2. Conflict of Interest Questionnaire: Persons submitting a response to this solicitation must comply with applicable laws, ordinances and regulations including the State of Texas “Local Government Code Chapter 176”. As applicable, the person submitting a response to this solicitation must complete and submit a Conflict of Interest Questionnaire form CIQ, in a formation approved the Texas Ethics Commission. The form must be completed and returned with this solicitation, or sent via USPS to the Purchasing Department Director, Temple College, 225 College Park Drive, Business Bld. Rm. 101, Temple, TX 76086. A copy of the form can be found in this RFP or at the Texas Ethics Commission Website https://www.ethics.state.tx.us/forms/CIQ.pdf

3. Felony Conviction Notification: Company owner operator has not been convicted of a felony, except as indicated on a separate attachment to this proposal, in accordance with sec. 44.034, Texas Education Code.

4. Texas Government Code 2270 (Texas House Bill 89 and Texas Senate Bill 252): By signing below, Vendor/Company declares under penalty of perjury to be true and correct that my company (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract or it’s renewals; and does not contract with companies engaged in business with Iran, Sudan, or Terrorist Organizations.

5. Delinquent Franchise Taxes: Vendor/Company certifies that its franchise taxes are current. If the corporation is exempt from payment of franchise taxes or is an out-of-state corporation not subject to Texas Franchise Tax, it shall certify to that effect.

I certify, the Corporation is exempt from payment of franchise taxes or is an out-of-state corporation.

I certify, there is not delinquent Texas franchise tax pending against the corporation.

I certify, there is delinquent Texas franchise taxes pending against the corporation.

6. Texas Resident Information: Chapter 2252, Subchapter A, of the Texas Government Code, establishes certain requirements applicable to proposers who are not Texas Residents. Under the Statute, a “Resident” vendor is one whose principal place of business is in Texas, including one whose ultimate parent company or majority owner has its principal place of business in Texas and employs at least 500 persons in the State of Texas:

Location of Principal Place of Business (City/State) and or Number of employees based in Texas:

Address:

Number of Employees that reside in Texas:

7. Debarment Certification: Vendor certifies neither the owner or principal owner has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549 “Debarment and Suspension” as described in the Federal Register and Rules and Regulations:

No, Vendor is not currently debarred, suspended or otherwise ineligible.

Yes, Vendor is currently debarred, suspended or otherwise ineligible.

VENDOR CERTIFICATION: The undersigned, on behalf of Vendor, certifies that this bid/proposal is made without previous understanding, agreement or connection with any person, firm, or corporation submitting a bid/proposal on the same specifications, and is in all respects fair and without collusion, fraud or unlawful acts. Vendor hereby acknowledges that it is unlawful to offer, give, agree to give to any person, or solicit, demand, accept, or agree to accept from another person, a bribe, or unlawful gift, benefit, advantage, gratuity, payment, or an offer of employment in connection with or arising from this sealed solicitation or subsequent contract.

Vendor declares under penalty of perjury all of the above to be true and correct. It is further certified that the person whose signature appears below is legally empowered to bind the Company in whose name the solicitation is entered.

Submitted this day of , 20 by and for the Company identified as follows:

Signature: Printed Name:

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIQ.pdf

NO PROPOSAL NOTIFICATION

#RFP-24-02 PURCHASE OF FLEET VEHICLES

We place significant value in your company and we prefer to have your firm as a proposer and supplier. To assist us with our proposal process, please specify your decision to opt out of this proposal.

1. WE WISH TO SUBMIT A NO BID AT THIS TIME.

Do not supply the requested product/service Quantities offered, or scope of job is TOO SMALL to be supplied by company Quantities offered, or scope of job is TOO LARGE to be supplied by company Cannot bid against Manufacturer or Distributor on these products(s).

Time frame for response was too short. (Please explain the reason for this judgement:

Other

2.

PLEASE DELETE OUR NAME FROM FUTURE BID LISTS FOR THIS TYPE OF

COMMODITY.

3.

WE ARE SUBMITTING A "NO BID" AT THIS TIME, BUT PLEASE INCLUDE US ON

ALL FUTURE BIDS.

4.

PLEASE INCLUDE OUR COMPANY TO RECEIVE FUTURE BIDS FOR THE

FOLLOWING COMMODITIES:

1.

2.

3.

4.

Authorized Signature:

Authorized Printed Name:

Title:

Address:

(Street and P.O. Box if used for mail)

City, State, Zip Code:

Telephone Number:

Email Address

Date:

TEMPLE COLLEGE

CONFLICT OF INTEREST STATEMENT

INSTRUCTIONS FOR CONFLICTS OF INTEREST QUESTIONNAIRE

H.B. 914, passed during the 2005 Texas legislative session, as amended by H.B. 1491 passed in 2007, requires certain persons who wish to conduct business or be considered for business with a College to file a “conflict of interest questionnaire.” The Texas Ethics Commission (TEC) created the conflict of interest questionnaire (FORM CIQ). These laws are codified in Chap.

176 of the Texas Local Government Code.

What firms/persons are subject to Chapter 176?

The word “person” includes a partnership,…