ESBD_File_354998_22-02_MSU Bolin Hall Renovation and Expansion_FFE_RFP_2024.04.03.pdf

Texas Tech University System FF&E RFP

Revised 02/23/2023 Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 1 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

REQUEST FOR PROPOSALS

FURNITURE, FIXTURES, EQUIPMENT (FF&E) & INSTALLATION

FOR

MSU Bolin Hall Renovation & Expansion

Midwestern State University Wichita Falls, TX

DEADLINE FOR SUBMISSION OF PROPOSALS

3:00 P.M. CT, Wednesday, May 8, 2024

Facilities Planning and Construction Texas Tech University System

Box 42014 Lubbock, TX 79409

Phone: 806-742-2116

The Texas Tech University System is an Equal Opportunity Employer and encourages all Historically Underutilized Businesses to participate.

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 2 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

Article 1. Request For Proposals For Furniture, Fixtures, Equipment (FF&E) & Installation

1.1 The Texas Tech University System (TTUS), on behalf of Midwestern State University (MSU), seeks competitive responses to a Request for Proposal (RFP) for Furniture, Fixtures, Equipment (FF&E) & Installation. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by TTUS.

1.2 TTUS reserves the right 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 TTUS executes a contract with the selected proposer.

1.3 TTUS also reserves the right to waive any or all formalities and to reject any or all responses if it determines it is in its best interests to do so.

1.4 By submitting a proposal, a proposer agrees to be bound by the requirements set forth in this RFP.

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

1.5 No Guarantee of Volume.

1.5.1 TTUS does not guarantee any specific amount of compensation, volume, minimum, or maximum number of services under this solicitation and resulting contract.

1.6 By submitting proposals, each 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. Each proposer also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the proposer. If selected by TTUS and MSU, the Vendor will notify TTUS and MSU immediately of any material change in any matters with regard to which the Vendor has made a statement or representation or provided information.

1.7 By submitting a proposal, the proposer agrees to and shall comply with all applicable local, state, and federal laws and regulations, as well as with all applicable policies and procedures of TTUS and Midwestern State University. TTUS/MSU policies and procedures may be accessed at:

https://msutexas.edu/general-counsel/policies/.

1.8 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.

1.9 Except as provided in the RFP and as otherwise necessary for the conduct of existing TTUS/MSU business operations, Respondents are expressly and absolutely prohibited from engaging in communications with TTUS/MSU Personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Submission, in selection of a Firm or negotiation or formalization of a Contract. If any Respondent engages in conduct or communications that TTUS/MSU determines is contrary to the prohibitions set forth in this section, TTUS/MSU may at its sole discretion, disqualify the Respondent and remove the Submission from consideration.

Article 2. Project Information

2.1 PROJECT

Project: Bolin Hall Expansion & Renovation: FF&E & Installation Services

Institution: Midwestern State University

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 3 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

Location: 3410 Taft Blvd.

Wichita Falls, TX 76308

Installation Deadline: Phase I: December 2024 - January 2025

Phase II: August 2025

Project Manager Mesha Kleibrink mesha.kleibrink@ttu.edu

*All communications related to this Proposal should be addressed directly to the Project Manager listed above.

2.2 Project Scope:

2.2.1 Proposers shall provide a proposal for all items in the attached specifications, per the Bid Worksheet and furniture plans.

2.2.1.1 Proposer is responsible for verifying quantities of items per the plans.

2.2.1.2 Electronic .dwg drawings are uploaded as an attachment to this RFP (Attachment H).

2.2.2 General Requirements

2.2.2.1 Vendor is responsible for field verifying all dimensions as they relate to furnishings before order placement.

2.2.2.2 Vendor shall perform all work in strict compliance with applicable provisions of prevailing local, state, and federal codes and ordinances, including appropriate license laws.

2.2.2.3 Vendor is responsible for notifying MSU and TTUS Facilities Planning & Construction (FP&C) if any product specified will be discontinued soon.

2.2.2.4 Vendor shall honor all manufacturers’ warranties. Warranties for all specified items shall be no less than ten (10) years unless noted otherwise in the specifications.

2.2.2.5 By responding to this RFP, the furniture Vendor agrees to maintain the quoted discounts for this client for six (6) months from the initial order date. In other words, if the client purchases only one chair you will maintain the same discount (and sell price) for that chair for six (6) months after the original purchase order is issued.

2.2.3 Substitutions

2.2.3.1 The specifications detail items to be used as a Basis-of-Design. Proposer is to submit specified products if possible. If it is not possible to submit a specified product, Proposer is to submit a product deemed as equal to specified product along with justification for equal product. Finishes must match specified products. If submitting a substitution, please include requirements as detailed under Proposal Requirements.

2.2.3.2 The acceptance of each "equal" product is entirely at the discretion of Owner and will be evaluated on the basis of structural strength, durability, finish, mailto:mesha.kleibrink@ttu.edu

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 4 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02 availability of parts for maintenance and repair, and adherence to the design intent of the Project. It must be equal in the arrangement of plan/layout.

2.2.3.3 Proposer assumes responsibility for, and waives all claims for, additional costs which may subsequently become apparent upon acceptance of the substitution.

2.2.4 Pricing

2.2.4.1 Provide the most competitive price available. This may include, but is not limited to, providing pricing for products on purchasing contracts applicable to Owner. All purchasing contract information must be noted on the Bid Worksheet. If items are not available on a purchasing contract, please list "Open Market" on the Bid Worksheet. Please reference MSU Operating Policy 54.01- Purchase of Goods and Services for more information:

https://public.powerdms.com/MidwesternState/tree/documents/2224045

2.2.4.2 Owner may choose to value engineer any portion(s) of the package after award, pending the total bid amount. This may include fabric changes or product deletions as deemed necessary.

2.2.4.3 Pricing shall be submitted as outlined in the Proposal Requirements.

2.2.4.4 Freight must be included in the unit cost per item or itemized by manufacturer clearly on the Bid Worksheet.

2.2.4.5 All installation costs should be itemized by manufacturer as outlined on the Bid Worksheet.

2.2.4.6 When quoting delivery and/or freight charges, respondents will include ALL costs associated with the delivery of the commodities to include, but not limited to fuel surcharges, customs, duties, convenience delivery fees, limited access charges, etc. Delivery costs not included in the response will be the responsibility of the respondent.

2.2.5 Installation

2.2.5.1 Delivery of all furnishings must be directly to the MSU Bolin Hall building.

Please note Attachment F for exact building location.

2.2.5.2 Bolin Hall elevator locations are noted on the attached floor plans (see Attachment E). The clear cab space is 56 ½ ”W x 66 ½”D, with door clearance of 42 -7/8”W x 84”H. Weight capacity of the elevator is 4500lbs.

2.2.5.3 All glassboards will be mounted at 30”AFF (above finished floor).

2.2.5.4 Vendor shall provide installation for all furniture included in your Proposal.

Itemize all installation costs per manufacturer on the Bid Worksheet.

2.2.5.5 Vendor(s) shall verify installation details (i.e., shelf heights, dimensioning of placing elements in room) with the Owner prior to finalizing installation plans.

2.2.5.6 Installation shall be performed by qualified and factory authorized personnel, with consistent level of quality and attention to detail throughout the installation. All work shall be executed in accordance with factory directive.

https://public.powerdms.com/MidwesternState/tree/documents/2224045

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 5 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

2.2.5.7 The successful Vendor(s) will be required to attend one (1) pre-installation meeting on site in Wichita Falls, TX approximately four (4) weeks prior to installation. The cost of attendance shall be reflected in the proposal response.

2.2.5.8 Installation will be scheduled and coordinated by TTUS and MSU.

2.2.5.9 Installation shall take place during normal working hours only, 8:00 a.m. CT to 5:00 p.m. CT, Monday through Friday, unless otherwise coordinated with TTUS and MSU.

2.2.5.10 Vendor shall protect existing building finishes throughout course of installation.

The repair of any building damage caused by the vendor during the installation will be the responsibility of the vendor.

2.2.5.11 Vendor shall remove all debris from premises upon completion of Work each day. Vendor is responsible for wiping down all surfaces and cleaning the Project area before the final punch is performed. No debris shall be discarded on MSU property.

2.2.5.12 Punchlist walk-throughs will be scheduled with each Vendor and will take place after the completion of furniture installation. Missing and warranty items must be addressed and ordered at the completion of each Punchlist issued. Damage found during the course of installation should be addressed immediately with the manufacturer to ensure that replacement parts are delivered as quickly as possible.

2.2.5.13 Vendor must obtain from TTUS/MSU the proper vendor identification and parking permits. Parking in areas other than parking lots is prohibited unless approved by MSU. Do not park vehicles on grass or sidewalks unless approved by MSU. Vendor vehicles must be identified with the proper company logos and licensing numbers as required by the State of Texas. For safety and security reasons, all Vendor employees are to wear uniform shirts and/or photo ID badges or other forms of identification.

2.2.6 Invoicing

2.2.6.1 Vendor is responsible for meeting TTUS FP&C and MSU’s invoicing process.

Respondent shall submit itemized invoice with reference to the project and purchase order number to:

fpc.payables@ttu.edu

2.2.7 Payments

2.2.7.1 MSU, after receipt of completed order will make payment to the Respondent within thirty (30) days from the receipt of goods or invoice whichever is later in accordance with Texas Government Code §2251.021. All partial shipments must be pre‐approved by the Director of Purchasing. In the event of partial shipments, the agency is not required to make payments until the order is complete. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by the agency and successful resolution to all punch list items.

2.3 Exhibits/Attachments

2.3.1 Attachment A – Form of Proposal

mailto:fpc.payables@ttu.edu

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 6 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

2.3.2 Attachment B – Product Requirements

2.3.3 Attachment C – Affirmation and Conflict of Interest Disclosure

2.3.4 Attachment D - Furniture Specifications (External Attachment)

2.3.5 Attachment E – Furniture Floor Plans (External Attachment)

2.3.6 Attachment F – MSU Campus Map

2.3.7 Attachment G – Bid Worksheet (External Attachment)

2.3.8 Attachment H – Electronic .dwg Drawings (External Attachment)

2.3.9 Attachment I – Phasing Plan (External Attachment)

Article 3. Proposal Information

3.1 Proposals are due: 3:00 P.M. CT, Wednesday, May 8, 2024

3.1.1 Upload access will be denied after submission deadline.

3.1.2 Proposals submitted without a signed Attachment A, Form of Proposal, and Bid Worksheet in .xlxs (Excel) file format will be disqualified.

3.1.3 Prior to submission, potential respondents should check the Electronic State Business Daily (ESBD) site at http://www.txsmartbuy.com/sp (searchable by project or agency name) for any addenda that may be posted in relation to this Project.

3.2 Proposal Submittal: Upload PDF response, inclusive of Attachment A, “Form Of Proposal,” Attachment C, “Affirmation & Conflict of Interest Disclosure,” and Bid Worksheet in .xlxs (Excel) file format via the e-Builder Bid Portal. For document upload guidelines, refer to the “Instructions on Creating a Bid Package Response” document accessible from both the ESBD site and e-Builder Bid Portal.

3.3 Respond to: Alexis Henry

Contract Administrator Texas Tech University System Facilities Planning & Construction

3.4 Tentative Schedule:

RFP Posting Wednesday, April 3, 2024

RFP Questions Due Wednesday, April 17, 2024, 5:00 P.M. CT

Responses to Questions Posted Wednesday, April 24, 2024

Responses Due Wednesday, May 8, 2024, 3:00 P.M. CT

Vendor Award May 2024

* All respondents will receive written notification via email regarding the outcome of the award.

Purchase Order Issue June 2024 (tentative) http://www.txsmartbuy.com/sp

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 7 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

3.5 Proposer Questions

3.5.1 All inquiries shall be submitted to the Project Manager listed below via email.

Mesha Kleibrink, Interiors Project Manager Texas Tech University System Facilities Planning & Construction mesha.klebirink@ttu.edu

3.5.2 TTUS and MSU will evaluate RFP inquiries, determine whether an Addendum is required, and issue an appropriate response.

3.5.3 All questions and responses, and additional information will be included in an Addendum which will be posted to the Electronic State Business Daily site at http://www.txsmartbuy.com/sp (searchable by Project or agency name).

3.5.4 Facilities Planning and Construction (FP&C) is not responsible for the accuracy or comprehensiveness of information provided by other TTUS or MSU officials or other agencies. Vendors should not rely on information obtained from sources other than the Project Manager listed above.

Article 4. Proposal Requirements

4.1 All Vendor responding to this RFP must submit complete responses to the information requested in this section.

4.2 Responses will be evaluated based upon the Selection Criteria listed in this RFP.

4.3 Respondents should present the required information in a clear and concise manner in the following order and format:

4.3.1 Cover Letter

4.3.1.1 Include name, address, telephone, email, and website (if applicable) of the firm to receive all Project information, or any official correspondence relating to the Project. Reference the Project name on all correspondence, including the Cover Sheet.

4.3.2 Attachment A - Form of Proposal (Execution of Offer and Affirmations)

4.3.3 Attachment C – Affirmation and Conflict of Interest Disclosure

4.3.4 Proof of Vendor Qualifications:

4.3.4.1 List of three (3) similar projects with references (include current phone and email contact) and

4.3.4.2 Proof of general liability insurance.

4.3.5 Attachment G - Bid Worksheet

4.3.5.1 Digital submission must include .xlxs (Excel) file format.

4.3.5.2 The bid worksheet template is included as an external attachment (Attachment G).

4.3.6 Quotes and/or Detailed pricing should be organized by code number per the specification sheets.

mailto:mesha.klebirink@ttu.edu http://www.txsmartbuy.com/sp

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 8 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

4.3.6.1 Pricing not organized by code number will not be reviewed.

4.3.6.2 Provide a total cost per item (along with component costs as necessary) for each code number, as well as extended pricing with quantities.

4.3.6.3 Purchasing contract name and number should be included on all quotes and on the Bid Worksheet.

4.3.7 Submittals

4.3.7.1 Provide one (1) rendering and plan view for a typical office (124B).

4.3.7.2 Provide one (1) rendering and plan view for the Dean’s office (138A).

4.3.7.3 If providing substitution(s) or product(s) not explicitly specified:

4.3.7.3.1 Warranty information

4.3.7.3.2 Construction/durability information

4.3.7.3.3 Images, renderings, and/or cut sheets illustrating item(s) to be considered.

4.3.7.4 Digital finish samples with description information for any finishes that are not an exact match to what is specified for review.

4.3.7.5 Notification of any fabrics that are not “graded in” to product line and/or not tested and approved on specified product.

4.3.8 Proposed Installation Schedule:

4.3.8.1 Provide a “must order by” date in your Proposal to meet the Project schedule.

4.3.8.2 Provide a timeline for quoting, order entry, manufacturing, and installation.

4.3.9 Plan for Installation Logistics, Punchlist Completion & Warranty Items:

4.3.9.1 Provide a detailed plan of how installation logistics will be handled by your team. Include firms/individuals that will be On-Site for the duration of installation, how Punchlist items will be documented and resolved, and how your firm plans to handle any warranty items that arise after installation completion and Owner move-in.

4.3.9.2 Include a plan of action for how your firm will be attentive to the end-user’s needs after they move into the building:

4.3.9.2.1 How quickly can a representative of your firm be on site?

4.3.9.2.2 Who will be the user’s point of contact?

4.3.9.2.3 How will your firm provide the highest level of service to the user group after move-in?

4.3.10 Project Team:

4.3.10.1 Identify each representative, dealer, and manufacturer representatives, by name and role of the proposed account team for this Project.

4.3.10.2 Note if your company has Historically Underutilized Business (HUB) certification and include a copy of the certificate with your response.

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 9 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

4.3.11 Warranties for all furniture included in the Proposal.

4.3.12 HUB Subcontracting Plan

4.4 The response should include a Table of Contents, which contains sufficient detail to facilitate easy reference to the sections of the Proposal, as well as separate attachments.

4.5 The Proposal must be signed and dated by a representative of the proposer who is authorized to bind the proposing firm to the terms and conditions contained in this RFP and to compliance with the information submitted in the Proposal.

4.5.1 Failure to sign Attachment A, “Form of Proposal,” will be basis for Proposal disqualification.

4.5.2 Each proposer submitting a Proposal certifies to both 1) the completeness and accuracy of the information provided in the proposal and 2) the authority of the individual whose signature appears on the proposal to bind the proposer to the terms and conditions set forth in this RFP.

4.5.3 Proposals submitted without the required signature(s) shall be disqualified.

Article 5. Proposal Terms

5.1 Proposers acknowledge that TTUS and MSU are agencies of the State of Texas and are therefore required to comply with the Texas Public Information Act Texas Gov't Code Ch. 552. If a proposal includes proprietary data, trade secrets, or information the proposer wishes to except from public disclosure, then the proposer must specifically label such data, secrets, or information as follows:

"PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the proposer as proprietary will be used by TTUS/MSU only for purposes related to or arising out of the 1) evaluation of proposals, 2) selection of a proposer pursuant to the RFP process, and 3) negotiation and execution of a contract, if any, with the proposer selected.

5.2 Proposals are to be valid for TTUS/MSU acceptance for a minimum of ninety (120) days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

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

5.3 No proposal may be changed, amended, or modified after it has been submitted or filed in response to this solicitation, except for obvious errors in extension or as part of the negotiating process.

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 TTUS/MSU, which shall be based on proposer’s submittal in writing of a reason acceptable to

TTUS/MSU.

5.4 Proposer acknowledges and agrees to release and hold harmless Midwestern State University, Texas Tech University System, 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 the recipients designated in the submittal instruction sections of this RFP.

5.5 These General Terms and Conditions or ones that are substantially similar will be contained in any resulting Contract arising out of this RFP. In addition, and to the extent they do not conflict with these terms, https://msutexas.edu/purchasing/_assets/files/purchasing-general/msu-tc-for-po-rev-02- 24-2023.pdf, will apply to all Procurements or Goods or Services by Midwestern State University.

https://msutexas.edu/purchasing/_assets/files/purchasing-general/msu-tc-for-po-rev-02-24-2023.pdf https://msutexas.edu/purchasing/_assets/files/purchasing-general/msu-tc-for-po-rev-02-24-2023.pdf

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 10 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

5.6 HUB Subcontracting Plan (HSP)

5.6.1 It is the policy of the State of Texas, TTUS, and MSU to encourage the use of Historically Underutilized Businesses (HUBs) in its prime contracts, Subcontractors, and purchasing transactions. The goal of the HUB program is to promote equal access and equal opportunity in Texas Tech contracting and purchasing.

5.6.1.1 A HUB Subcontracting Plan is required as part of respondent’s response if a solicitation is $100,000.00 or above.

5.6.1.2 In accordance with Texas Government Code 2161.252, TTUS and MSU declare that this solicitation does have a probability of Subcontracting opportunities.

5.6.1.2.1 All respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit the State of Texas HUB Subcontracting Plan (HSP) with their response to the bid proposal.

5.6.1.2.2 The Proposer must include a subcontracting plan even if the Proposer intends to self-perform.

5.6.1.2.3 Failure to submit a completed HUB Subcontracting Plan when HUB subcontracting opportunities exist will result in rejection of the vendor’s proposal pursuant to Texas Gov’t Code §2161.252(b).

5.6.1.2.4 For the most current HUB Subcontracting Plan, go to:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

5.6.1.2.5 HSP forms can be found at

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

5.6.1.3 TTUS is relying upon the Proposer’s expertise to fully identify subcontracting opportunities that best align with their organization and this procurement request.

5.6.1.3.1 Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

5.6.1.3.2 In accordance with 34 TAC §20.11, a Subcontractor means a person who contracts with a prime vendor to work, to supply commodities, or contributes toward completing work for a governmental entity.

5.6.1.3.3 Credit can be received for first and second tier (Subcontractors of Subcontractors).

5.6.1.3.4 The Proposer will receive evaluation points for the use on any HUB Subcontractor even if it is subcontract usage.

5.6.1.4 NOTE: Responses that do not include a completed HSP shall be rejected

5.6.1.5 In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (Prime Contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 11 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

5.6.1.5.1 When a Respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five (5) years or less shall qualify for meeting the HUB goal.

5.6.1.5.2 The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 for Commodities Contracts is 21.1%.

5.7 Ethics Commission Reporting Requirements (Required Only If Selected)

5.7.1 Ethics Commission Reporting Guidelines

5.7.1.1 In 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that Texas Tech University System (TTUS) may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to TTUS at the time the business entity submits the signed Agreement to the governmental entity or state agency. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission.

5.7.1.2 The law applies only to a Contract between TTUS/MSU that either:

5.7.1.2.1 Requires an action or vote by the governing body of the entity or agency before the Contract may be signed; or

5.7.1.2.2 Has a value of at least $1 million.

5.7.1.3 A Contract does not require an action or vote by the governing body if:

5.7.1.3.1 The governing body has legal authority to delegate to its staff the authority to execute the Contract;

5.7.1.3.2 The governing body has delegated to its staff the authority to execute the Contract; and

5.7.1.3.3 The governing body does not participate in the selection of the business entity with which the Contract is entered.

5.7.1.4 The business entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. For assistance with passwords, call (512) 463-5800.

5.7.1.5 Who qualifies as an "Interested Party" for purposes of answering Question 4 on Form 1295?

5.7.1.5.1 An interested party is: “1) a person who has a controlling interest in a business entity with whom TTU or TTUS agreements; or 2) a person who actively participates in facilitating a contract or negotiating the terms of an agreement with TTU or TTUS, including a broker, intermediary, adviser, or attorney for the business entity.

5.7.1.5.2 A controlling interest means: “1) an ownership interest or participating interest in a business entity by virtue of units, Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 12 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02 percentage, shares, stock, or otherwise that exceeds ten (10) percent; 2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than ten (10) members; or 3) service as an officer of a business entity that has four (4) or fewer officers, or service as one of the four (4) officers most highly compensated by a business entity that has more than four (4) officers.”

5.7.1.5.3 An intermediary means: “a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: 1) receives compensation from the business entity for the person's participation; 2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and 3) is not an employee of the business entity.”

5.8 American Iron and Steel

5.8.1 To the extent an Agreement relates to a Project as defined in Texas Government Code §2252.201(5) (a Project to construct, remodel, or alter a building, structure, or infrastructure; to supply material for such a Project; or to finance, refinance, or provide funds for such a Project), and no exemption in Texas Government Code §2252.203 applies, any iron or steel product produced through a manufacturing process and used in the Project that is the subject of an Agreement must be produced in the United States (as defined in Texas Government Code §2252.201(4).

5.9 Discrimination

5.9.1 In order to comply with the provisions of fair employment practices, the respondent agrees as follows:

5.9.1.1 The respondent will not discriminate against any employee or applicant for employment because of race, sex, religion, handicap, or national origin;

5.9.1.2 In all solicitations or advertisements for employees, the contactor will state that all qualified applicants will receive consideration without regard to race, color, age, sex (including pregnancy, gender identity and sexual orientation), religion, disability, genetic information, veteran status, or national origin, or any other legally protected category, class, or characteristic;

5.9.1.3 The respondent will furnish such relevant information and reports as request by the agency for the purpose of determining compliance with these regulations;

and

5.9.1.4 Failure of the respondent to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated, or suspended in whole or in part

5.10 No Prohibited Boycott

5.10.1 If applicable to this Contract, Contractor agrees not to engage in any boycott prohibited by Texas Government Code §§ 2271.002, 2274.001.

5.11 Compliance with Texas Government Code § 2274.002

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 13 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

5.11.1 Contractor verifies it 1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and 2) will not discriminate during the term of the Contract against a firearm entity or trade association.

5.12 Health and Safety Code Chapter 161

5.12.1 If applicable, the Contractor affirmatively states that it will comply with the requirements of Texas Health and Safety Code, § 161.0085(c).

Article 6. FF&E RFP Evaluation Criteria

6.1 Texas Tech will select the respondent that offers the ‘Best Value’ based on the published selection criteria, and best meets the needs for constructing high quality facilities, meeting, or exceeding program requirements, on time and within budget.

6.2 The selection will be based on the information contained in response to the RFP, any reference checks conducted, personal knowledge of past performance and the information presented during any interviews conducted as part of the selection process.

6.3 The Selection Committee will reference TEC TGC to evaluate all proposals. Evaluation criteria may include, but is not limited to, the following considerations:

6.3.1 The purchase and installation price;

6.3.2 Delivery and installation terms;

6.3.3 The reputation of the vendor and of the vendor’s goods or services;

6.3.4 The quality of the vendor’s goods or services;

6.3.5 The extent to which the goods or services meet the institution’s needs;

6.3.6 The vendor’s past relationship with the institution;

6.3.7 The impact on the ability of the institutions to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities;

6.3.8 The total long-term cost to the institution of acquiring the vendor’s goods or services;

6.3.9 Any other relevant factor that a private business entity would consider in selection a vendor;

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

Article 7. Form Of Proposal

7.1 See Attachment A.

Article 8. Hub Subcontracting Plan

8.1 See the HUB Program section of this RFP, Article 5.

Article 9. Procurement Process https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fstatutes.capitol.texas.gov%2FDocs%2FHS%2Fhtm%2FHS.161.htm&data=04%7C01%7CRobin.Low%40ttu.edu%7C0030b8979dd94b2cae5708d951e553d3%7C178a51bf8b2049ffb65556245d5c173c%7C0%7C0%7C637630867664204723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=mvDJkP2RF3YP9LxMvQFsu7F%2Bvjr39PZkv4dhdeySWvA%3D&reserved=0

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals 14 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

9.1 This RFP complies with all state rules and Texas Tech University System/Midwestern State University Policies. Address any questions and/or concerns about the process or any awards made from it to:

Ms. Tracy Nichols Director, Purchasing and Contract Management

Midwestern State University 3410 Taft Blvd.

Wichita Falls, TX 76308 Phone: (940)397-4277

Attachments:

Attachment A: Form of Proposal

Attachment B: Product Requirements

Attachment C: Affirmation and Conflict of Interest Disclosure

Attachment D: Furniture Specifications (External Attachment)

Attachment E: Furniture Floor Plans (External Attachment)

Attachment F: MSU Campus Map

Attachment G: Bid Worksheet (External Attachment)

Attachment H: Electronic .DWG Drawings (External Attachment)

Attachment I: Phasing Plan (External Attachment)

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment A 1

Attachment A

Form Of Proposal

Ms. Alexis Henry Contract Administrator Texas Tech University System Facilities Planning & Construction System Administration Building 1508 Knoxville Avenue, Suite 103 Lubbock, Texas 79409

Subject: Furniture, Fixtures, Equipment (FF&E) & Installation

Midwestern State University, Bolin Hall Expansion & Renovation

Dear Ms. Henry:

We have examined the entire Request for Proposals and other related information and are fully informed of the scope of Work to be provided. The undersigned hereby proposes to furnish Furniture, Fixtures, Equipment (FF&E) & Installation services as required for this Project.

CONTACT INFORMATION

Firm Name:

Contact Individual:

Telephone No:

Email Address:

Express Mail Address:

HUB CONTRACTING COMMITMENT

In addition to, and distinct from, any Good Faith Effort required by Texas law, our firm commits to use certified HUB firms to perform Work valued at a minimum of _______percent of the Total Agreement Amount.

ADDENDA

We have received _______ Addenda prior to the submission of this Response.

FURNITURE, FIXTURES, EQUIPMENT (FF&E) & INSTALLATION

We hereby propose to perform the Furniture, Fixtures, Equipment (FF&E) & Installation defined herein for the amount listed below which includes all applicable Federal, State, and Local taxes required for the performance and completion of the Work.

FF&E Cost $ __________________

Freight & Installation Cost $ __________________

Total Cost $ _________________

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment A 2 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

Sincerely, Signature

Name, Title

Date

Response Enclosures

Proposal HUB Subcontracting Plan Bid Worksheet

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment B 1

Attachment B

Product Requirements

Article 1. General

1.1 All items to be ANSI/BIFMA tested for their product category.

1.2 All systems furniture, seating, and associated storage units to be Greenguard or SCS certified to comply with LEED 2009 Low Emitting Materials- Systems Furniture and Seating requirements.

Article 2. Desk and Workstation Components

2.1 All units shall be of the dimensions indicated [within two (2) inches] on the attached typical code sheet drawings.

2.1.1 Vendor is responsible for confirming overall dimensions to confirm product will fit in space and allow for all required code clearances prior to installation.

2.2 Work surfaces

2.2.1 All work surfaces must be a minimum thickness of 1 3/16" with 3 mm square profile PVC edge.

2.2.2 All work surfaces shall be available in modular sizes to accomplish the designed units.

2.2.2.1 Curved or diagonal conditions are acceptable on corner workstations.

2.2.2.2 All edges shall be consistent throughout and shall be available in finishes matching the laminate finishes of the surface.

2.2.3 All work surfaces shall have grommets or other pathways to feed cords to the power source.

2.2.4 All wood grain laminate to run in the same direction on all pieces when installed.

2.3 Workstation Panels

2.3.1 Panels shall be available in modular widths from 18" to 48" or as shown in drawings. Acceptable panel thicknesses are 3" – 4" (actual dimensions).

2.3.2 All panels shall feature a 6" base (plus or minus 2") for distribution of power and data if applicable.

2.3.3 All panels, 2-way, 3-way,4-way end conditions and variable height connectors shall have a metal finish.

2.3.4 Panels shall be stackable frame and tile system where stack units (except glazed units) shall be structural. Tile finishes shall be as indicated on specifications and shall be tackable/acoustic.

2.3.5 Refer to specification sheets for all panels finishes.

2.3.6 Proposed system panels must be able to be installed in a non-progressive manner.

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment B 2 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

2.3.7 Panel bases shall provide data port knockouts in each panel segment for installation of data ports by AV contractor.

2.3.8 All systems’ furniture panels shall be available in three (3) or four (4) circuit power options and shall be designed as indicated.

2.4 All desk overhead open/closed storage units shall be hutch mounted unless otherwise noted in the specifications.

2.4.1 All should have a minimum clear height of 23-3/8"between uppers and work surface and shall have locking door(s).

2.4.2 Doors on upper storage must not interfere with top surface of overhead when open.

2.5 Overhead desk and workstation components may be a combination of wall mounted and/or panel mounted products as required for the layout on the provided plans.

2.5.1 In vertical wall mounted conditions, the wall track shall be cut to the height of the overhead units or to appropriate height above the desk if no overhead units are being used.

2.6 All exposed metal shall be extruded aluminum or have baked enamel finish.

2.7 Vendor shall verify left or right-handed versions of each typical desk and workstation provided in code sheets per plan.

2.8 All electrical items shall be UL listed.

Article 3. Storage

3.1 All storage units shall be locking.

3.1.1 All components within an office or workstation to be keyed alike.

3.1.2 Coordinate keying with Owner prior to order.

3.1.3 Provide two (2) sets of master keys.

3.2 All file drawers shall include hardware to accommodate legal and letter size files, shall be of one-piece frame construction, have leveling glides, and shall be locking. Files shall feature compressors, dividers, and labeling system as available option.

3.3 All drawer/ door pulls of storage components shall be consistent throughout Project unless specified otherwise.

3.4 All storage to meet the following gauge requirements:

3.4.1 Tops, skins, and non-structural components – 22 gauge minimum

3.4.2 Structural members – 18 gauge minimum

3.4.3 Adjustable shelves – 18 gauge minimum

Article 4. Glides and Casters

4.1 Vendor is responsible for providing the appropriate casters or glides for the flooring where each item is located. Refer to finish floor plans for flooring types and locations.

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment B 3 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02

Article 5. Fabrics and Finishes

5.1 Vendor is responsible for verifying the most cost-effective means of purchasing specified fabrics – graded in or COM (Customer’s Own Material).

5.2 Vendor is responsible for verifying that all fabrics are approved for specified use by manufacturer prior to order.

5.3 All finishes to match specified finishes.

5.3.1 If product substitutions are submitted, vendor to include samples indicating accuracy of match to specified finishes. Samples submitted to TTUS/MSU will not be returned.

Article 6. Accessories

6.1 All glass boards are to be magnetic unless specified otherwise.

6.2 Divider panels attached to surfaces or countertops provided by others must be compatible with the thickness of the surface. The awarded vendor is responsible for ensuring these measurements are compatible.

6.3 LED task lights must be provided under overhead hutch-mounted or panel-mounted cabinets.

Article 7. Specifications/Code Sheets

7.1 Product requirements for individual items provided in Attachment D.

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment C 1

Attachment C

AFFIRMATION AND CONFLICT OF INTEREST DISCLOSURE

Signing this Proposal with a false statement shall void the submitted Proposal or any resulting Contracts, and the Proposer may be reported to the Texas Comptroller for Public Accounts for disbarment. By signature hereon affixed, the Proposer hereby certifies (1.1 through 1.16):

1.1 The Proposer is not currently delinquent in the payment of any debt or taxes owed the State of Texas.

1.2 Any payments due under the Contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

1.3 “Pursuant to §231.006, Family Code, re: child support, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated, and payment may be withheld if this certification is inaccurate.”

1.4 The Proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, compensation, gift, loan, gratuity, special discount, trip, favor, or service to officer or employee of MSU in connection with the submitted Proposal.

1.5 The Proposer has not received compensation for participation in the preparation of the Specifications for this RFP.

1.6 Neither the Proposer nor the firm, corporation, partnership, or institution represented by the Proposer, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State, codified in §15.01, et seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated directly or indirectly its Proposal to any competitor or any other person engaged in such line of business.

1.7 The Proposer and any principals of the Proposer are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of Contracts by any federal agency, and have not within a three (3) year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government Contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise criminally or civilly charged by a government entity with commission of any of these offenses.

1.8 It’s understanding that under §2155.006(b) of the Texas Government Code, MSU may not accept a Proposal or award a Contract, including a Contract for which purchasing authority is delegated, that includes a proposed financial participation by a person who, during the five (5) year period preceding the date of the Proposal or award, has been: (i) convicted of violating a federal law in connection with a Contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by §39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (ii) assessed a penalty in a federal civil or administrative enforcement action in connection with a Contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricane Rita, as defined by §39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

1.9 Proposer agrees to comply with Texas Government Code §2155.4441, pertaining to service Contract use of products produced in the State of Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

1.10 To the extent this RFP relates to a project as defined Texas Government Code §2252.201(5) (a project to construct, remodel, or alter a building, structure, or infrastructure; to supply material for such a project; or

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment C 2 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02 to finance, refinance, or provide funds for such a project), and no exemption in Texas Government Code §2252.203 applies, any iron or steel product produced through a manufacturing process and used in the project that is the subject of this RFP must be produced in the United States as defined in Texas Government Code §2252.201(4).

1.11 Proposer is in compliance with §669.003 of the Texas Government Code, relating to contracting with executive head of a State agency. If §669.003 applies, Proposer will complete the following information in order for the Proposal to be evaluated:

Name of Former Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Proposer:

Date of Employment with Proposer:

1.12 The Proposal includes the name and Social Security Number of each person maintaining an ownership interest of twenty-five percent (25%) or more of the business entity submitting the Proposal. Contractors that have pre-registered this information on the Texas Comptroller’s Centralized Master Bidders' List will be deemed to have satisfied this requirement.

NAME SSN

1.13 Any resulting Contract is not prohibited under Texas Government Code §2261.252(b) and Proposer agrees that if Proposer’s certification is or becomes untrue, the Contract is void, and the Proposer will not seek and waives its right to seek any legal or equitable remedy for past or future performance under the Contract, including damages, whether under breach of contract, unjust enrichment, or any other legal theory; specific performance; and injunctive relief.

1.14 Conflicts of Interest

1.14.1 No relationship, whether by blood, marriage, business association, capital funding Contract or by any other such kinship or connection to the second degree of consanguinity exists between any owner of the Proposer that is a sole proprietorship, the officers or directors of the Proposer that is a corporation, the partners of any Proposer that is a partnership, the joint ventures of any Proposer that is a joint venture, or the members or managers of any Proposer that is a limited liability company, on one hand, and an officer or employee of MSU, on the other hand, and

1.14.2 The Proposer, and any executives, managers, or employees of the Proposer have not been an employee of MSU within the immediate twenty-four (24) months prior to the submittal deadline.

If any previous employee of MSU is employed by the Proposer, that information shall be submitted in 7.13.

1.14.3 No officer or employee of Proposer is in any dual employment position with MSU that would result in a conflict of interest or conflict of commitment in relation to the position at MSU. If such circumstance arises, the officer or employee must remove himself or herself from the Procurement process and disclose the relationship to his or her direct supervisor. The supervisor is responsible for reviewing all Procurements of Goods and Services for any potential conflict of

Furniture, Fixtures, Equipment (FF&E) & Installation Request for Proposals – Attachment C 3 MSU Texas- Bolin Hall Renovation & Expansion, FP&C #22-02 interest. As necessary, the supervisor shall consult with the MSU Director of Purchasing & Contract Management.