ESBD_File_355013_RFP 787-LSCO-030924 Design Manufacture-Training Boat Barge.pdf

REQUEST FOR PROPOSAL (RFP)

No: 787-LSCO-030924

For

Design and Manufacture of a Training Boat and a Barge

All Proposals Must be Received no Later Than:

May 2, 2024 at 2:30 p.m. Central

Prepared By:

Sheryll Snider, Director Procurement Services

Lamar State College Orange

Table of Contents

Section 1 – General Information

Section 2 – Notice to Proposers

Section 3 – Requirements of Proposal

Section 4 – Terms and Conditions of Proposal

Section 5 – Scope of Work and Specifications

Section 6 – Pricing and Delivery

Section 7 – Execution of Offer

Section 8 – Proposer’s Questionnaire

Section 9 – Additional Questions Specific to RFP

SECTION 10 – General Terms and Conditions

APPENDIX ONE – LSCO TERMS AND CONDITIONS

APPENDIX TWO - TECHNICAL PROPOSAL

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Section 1 – General Information

1.1 OBJECTIVE

Lamar State College Orange (LSCO) is soliciting proposals in response to this RFP No. 787- LSCO-030924 (this RFP), from qualified vendors to provide design and manufacturing of a training boat and barge (the Services or Project). LSCO expects to enter into a contract (the Purchase Order or a Contract) with the selected firm or firms to provide the Services as further described in Section 5 of this RFP.

This solicitation sets forth, at a minimum, the specifications, terms, conditions, and requirements to be considered for the Project. LSCO will select the proposal that offers the “best value” based on the published selection criteria and on its ranking evaluation of submitted proposals. Firms that respond to this RFP will be referred to as “Proposers.”

1.2 DESCRIPTION OF LSCO

Lamar State College Orange is driven by our mission to transform lives and communities through academic, professional, and personal excellence. LSCO prides itself on being the place where hope meets opportunity by offering small class sizes, a diverse atmosphere, flexible 8- and 16-week semesters, and affordable tuition. As an exemplary place of learning, LSCO is preparing the workforce of tomorrow. With enrollment of more than 3,000, LSCO offers stackable credentials and associate degrees in high-demand fields such as business, nursing, communication, pharmacy technology, maritime, electromechanical technology, court reporting, criminal justice, computer science, pre-engineering and more. Students truly receive a hands-on education that prepares them for the workforce or to continue to a four-year institution. The future is bright orange at Lamar State College Orange.

1.3 BACKGROUND AND SPECIAL CIRCUMSTANCES

LSCO is interested in the award of one (1) training boat and one (1) training barge for use in maritime training projects in Orange, Texas (the Property) to a qualified and experienced maritime vessel manufacturer (the Contractor) for the financing, design, manufacture, and build out of the Project (the Services or the Work). The Project will consist of two components: (i) the financing, design, manufacture, and build out of a training boat and (ii) the financing, design, manufacture, and build out of a training barge for LSCO’s use (the training Facility) each as more fully described herein.

Lamar State College Orange offers maritime training focusing on inland transportation skills. The program strives to make the training as realistic and hands-on as possible. This project will provide a barge towing simulator that will function as a realistic, on-the-water, experiential learning classroom. LSCO provides maritime programs for education and

RFP No: 787-LSCO-030924 Page 4 of 56 workforce training that leads to postsecondary industry certification or other workforce credentials required for high-demand occupations.

1.4 PROJECT SCHEDULE/CONTRACT TERM

LSCO requires to have the project complete and vessels delivered by December 1, 2024.

Proposers shall submit a timeline with projected schedule for design and fabrication.

(Reference Appendix Two-Technical Proposal) Proposed schedule to include acquisition of materials and supplies, fabrication, inspections, punch lists, and final delivery and acceptance. LSCO will evaluate response and determine award based on best value considering schedule and other factors.

The Contract shall commence on date of Award and continue through final acceptance by LSCO, unless sooner terminated under the terms of the Contract.

The Contract may be amended in writing by mutual consent of the parties by the issuance of a contract amendment document. Any amendments shall be within the original scope of services outlined herein and may not substantially alter the original specifications herein.

1.5 SCHEDULE OF EVENTS

Below is the anticipated schedule of events for this RFP. LSCO reserves the right to revise this schedule. Any such revision will be formalized by the issuance of a written addendum to the RFP (ref. Section 2.4, Clarifications and Interpretations).

Solicitation Event Anticipated Date

RFP issued April 4, 2024

Optional Pre-Proposal Conference April 11, at 10:00 a.m. Central

Deadline for questions to be submitted by vendors (the Question Deadline)

April 12, 2024, at 12:00 p.m. Central

Answers to submitted questions published April 16, 2024

RFP responses due (the Submittal Deadline) May 2, 2024, at 2:30 p.m. Central

Anticipated Contract Award Date May 16, 2024

1.6 CLASS AND ITEM (NIGP) CODES

The related Class and Item code(s) for goods/services requested are: 959-34, 959-35, 120-14, 120-23

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1.7 GROUP PURCHASING AUTHORITY

Texas law authorizes institutions of higher education (defined by Section 61.003, Texas Education Code) to use the group purchasing procurement method (ref. Section 51.9335, Texas Education Code). Additional Texas institutions of higher education (IHEs) may therefore elect to enter into a contract with the successful Proposers under this RFP.

Texas IHEs routinely evaluate whether a contract resulting from a procurement conducted by another IHE might be suitable for use, and if so, this RFP could give rise to additional purchase volumes. As a result, in submitting its proposal, Proposers should consider proposing a pricing model and other commercial terms that consider the higher volumes and other expanded opportunities that could result from the eventual inclusion of other IHEs in the purchase contemplated by this RFP. Any purchases made by other IHEs based on this RFP will be the sole responsibility of those IHEs.

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Section 2 – Notice to Proposers

2.1 PUBLIC INFORMATION

All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the Solicitation is completed.

2.1.1 LSCO strictly adheres to all statutes, court decisions and the opinions of the Texas

Attorney General with respect to disclosure of public information under the Texas Public Information Act, Chapter 552, and Texas Government Code.

2.1.2 Proposer is required to make any information created or exchanged with the state pursuant to this Contract, and not otherwise exempted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

2.1.3 Information provided to Proposer by LSCO, including information from representatives of TSUS or any of its Component Institutions, and information provided to Proposer by members of the public or any other third party shall belong to LSCO.

2.1.4 Information created or otherwise produced by Proposer shall remain the exclusive property of Proposer. Proposer acknowledges any final report or papers will be provided in accordance with this RFP, and that any information contained in any report or papers, which Proposer believes is confidential under Texas law will be clearly designated as such by Proposer.

2.1.5 If LSCO receives a request for public information for any portion of any final report or papers that have been designated by Proposer to be confidential, The System will provide notice to Proposer and Proposer may submit a brief to the Office of the Attorney General, as provided by Chapter 552, Tex. Govt. Code.

2.2 POINT OF CONTACT

LSCO designates the following person as its representative and Point of Contact for this RFP:

Sheryll Snider Email: spsnider@lit.edu mailto:spsnider@lit.edu

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LSCO instructs interested parties to restrict all contact and questions regarding this RFP to written communications with the Point of Contact. Proposers shall restrict all contact with LSCO and direct all questions regarding this RFP in writing to the Point of Contact.

2.3 PROPOSER QUESTIONS

After the RFP is advertised, Proposers will have until the Question Deadline (ref. Section 1.5, Schedule of Events) to submit written questions, including questions regarding terms and conditions or for clarification of the proposal, to LSCO’s Point of Contact (ref. Section 2.2). All questions submitted and received prior to the deadline will be reviewed, consolidated where possible, and answered in a written addendum. The addendum will be posted on the Texas Electronic State Business Daily (ESBD) at:

https://www.txsmartbuy.com/esbd. Enter “787” in the Agency Number field to search ESBD for Lamar State College Orange solicitations. LSCO will provide responses as soon as practicable following the Question Deadline however, LSCO reserves the right to decline to respond to any question. It is the Proposer's responsibility to continually check the ESBD for Addenda.

2.4 CLARIFICATIONS AND INTERPRETATIONS

Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued formally by LSCO as a written addendum. Addenda, if required, will be issued by LSCO and posted on the ESBD (ref. Section 2.3). It is the responsibility of all Proposers to check the status of formal addenda before the submission deadline and to obtain this information in a timely manner. LSCO intends to issue any required addenda a minimum of five (5) business days prior to the Submittal Deadline (ref. Section 3.1) to allow time for Proposers to review information and complete responses. All such addenda issued by LSCO must be acknowledged by Proposers and incorporated into the RFP response (ref.

Section 7).

2.5 EVALUATION OF PROPOSALS

It is the intent of LSCO to award a contract to the responsible, responsive Proposer(s) that submits a proposal meeting the minimum criteria set forth herein, and that represents the best value, per 51.9335 (b) Texas Education Code, to LSCO. Best value is determined by considering: the purchase price, the total long-term cost to the institution of acquiring the vendor's goods or services, the reputation of the vendor and of the vendor's goods or services, the vendor's past relationship with the institution, the quality of the vendor's goods or services, the extent to which the goods or services meet the institution's needs, and any other relevant factor that a private business entity would consider in selecting a vendor.

2.5.1 Review/Initial Ranking: All properly submitted proposals will be reviewed, evaluated, and ranked by LSCO according to the Evaluation Criteria provided in https://www.txsmartbuy.com/esbd

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Section 9 of this RFP. Representatives from third party vendors or other outside entities that are currently contract holders with LSCO (External Representatives) may have access to Proposers’ submitted proposals and other relevant materials to assist LSCO in conducting its review.

Upon completion of proposal review, LSCO will determine an initial ranking of the

Proposers. If the initial ranking of the Proposers is reasonably conclusive, LSCO may make a “best value” selection based solely upon the submitted proposals. If not, then LSCO may conduct interviews with a “short list” of top-ranked Proposers.

2.5.2 Interviews/Short List Presentations: Upon completion of the initial review, evaluation, and ranking of the proposals, LSCO may invite one or more Proposers within the competitive range, at the Proposer’s expense, to give an oral and/or written presentation and respond to questions. Interviews, at LSCO’s discretion, may be held either on site at LSCO’s offices in Orange, Texas, or by video conference.

2.5.3 Best and Final Offers (BAFOs): After the initial evaluation process or at the conclusion of oral and/or written presentations but, before final selection of Contractor is made, LSCO may permit a Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. LSCO will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal. LSCO is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to overall, as determined by LSCO.

2.5.4 Negotiations: If possible, an award will be made without negotiating. If negotiations are necessary, they will be scheduled after all proposals are evaluated. Negotiations will only be held with Proposer(s) who have a reasonable chance of receiving Contract award. Proposers are strongly encouraged to submit the best offer at the time proposals are due.

2.6 AWARD OF CONTRACT:

2.6.1 A response to this RFP is an offer to contract based upon the best price, terms, conditions, and specifications contained herein. Proposals do not become contracts until they are accepted through a purchase order or fully executed Contract. Any contract shall be governed, construed, and interpreted under the laws of the State of Texas, TSUS Administration policy, and LSCO policy as the same may be amended from time to time. Any legal actions must be filed in Travis County, Austin, Texas.

Standard LSCO Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

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A response to a solicitation is an offer to Contract with LSCO based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized LSCO designee by issuance of a Purchase Order.

2.6.2 Tie Proposals: Awards will be made in accordance with Rule 1 TAC Section 113.6 (b) and 113.8 (preferences).

2.6.3 Multiple Awards and Utilization: It may be determined that having the Services provided by multiple Proposers is more advantageous to LSCO. LSCO reserves the right to make multiple awards against this RFP. LSCO will only pay for Services utilized and makes no guarantee of a maximum amount to be paid over the course of any contract that may result from the RFP.

2.6.4 No Guarantee of Award: LSCO makes no warranty or guarantee that an award will be made as a result of this RFP. LSCO reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies and delete any requirement or specification from this RFP or the Agreement when deemed to be in LSCO’s best interest. LSCO reserves the right to seek clarification of any item contained in Proposer’s proposal prior to final selection. Such clarification may be provided by telephone or personal meeting with or in writing to LSCO, at LSCO’s discretion. Representations made by Proposer within its proposal will be binding on Proposer. LSCO will not be bound to act by any previous communication or response submitted by Proposer, other than this RFP.

2.7 LSCO’S RESERVATION OF RIGHTS

LSCO may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. LSCO reserves the right to divide the Project into multiple parts, to reject any and all proposals and re-solicit for new proposals, or to reject any and all proposals and temporarily or permanently abandon the Project. LSCO makes no representations, written or oral, that it will enter into any form of agreement with any Proposer to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

2.8 ACCEPTANCE OF EVALUATION METHODOLOGY

By submitting its proposal in response to this RFP, Proposer accepts the evaluation process and acknowledges and accepts that the determination of the “best value” firm(s) will require subjective judgments by LSCO.

2.9 NON-REIMBURSEMENT FOR COSTS

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Proposer acknowledges and accepts that any costs incurred from the Proposer’s participation in this RFP process shall be at the sole risk and responsibility of the Proposer.

Proposers submit proposals at their own risk and expense.

2.10 CONFLICTS/CONTACT

Proposers shall not contact LSCO employees, The System employees, or existing members of the TSUS Board of Regents about this RFP until the resulting contract(s), if any, are fully executed.

2.11 OWNERSHIP AND USE OF WORK MATERIAL

All work material, whether accepted or rejected by LSCO, is the sole property of LSCO and for its exclusive use and re-use at any time without further compensation and without any restriction.

2.12 TERMINATION/CANCELLATION

LSCO may terminate any resulting agreement for any reason, including material changes to selected Proposer’s firm, upon thirty (30) days written notice to the other party.

2.13 CERTIFICATE OF INTERESTED PARTIES

Pursuant to Texas Government Code 2252.908 and Texas Ethic Commission Rule 46, for contracts that either have a value of at least $1 million or require approval of the TSUS Board of Regents, a business entity (vendor) must submit a copy of the Disclosure of Interested Parties (Texas Ethics Commission Form 1295) filed with the Texas Ethics Commission when the business entity submits the signed contract. No such contract may be presented to the TSUS Board of Regents for approval without the disclosure. By submitting a proposal in response to this RFP, Proposer agrees to comply with this law.

Information on the Disclosure of Interested Parties can be found at:

https://www.ethics.state.tx.us/filinginfo/1295/.

2.14 OPTIONAL PRE-PROPOSAL CONFERENCE

LSCO will hold a non-mandatory pre-proposal conference. This conference is optional. The pre-proposal conference will allow all Proposers an opportunity to ask LSCO’s representatives relevant questions and clarify provisions of this RFP.

Attendance at the Pre-proposal Conference may occur either in person at the LSCO campus or via an online call within the Microsoft Teams meeting.

https://www.ethics.state.tx.us/filinginfo/1295/

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Proposers should arrive, either in person or in the online call, not later than the scheduled start time stated in the solicitation. LSCO will not be responsible for repeating information already provided.

Proposers attending the pre-proposal conference will have a representative sign a register.

The optional pre-proposal conference information is shown below:

A. In person attendance of the pre-conference at 10:00 a.m., Central on April, 11, 2024, will be held in Room 101 of the Wilson Building.

B. Online attendance of the pre-conference on the online call may occur by joining the below Microsoft Teams Meeting.

All personnel attending the pre-proposal conference via the online call must log in to Microsoft Teams using the following steps:

• Proposers must list their name and company when attending the Teams meeting, as shown below.

• Example: John Doe – LSCO

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 251 659 200 882 Passcode: bDBCNX

Or call in (audio only)

+1 469-998-7569,,586845037# United States, Dallas

Phone Conference ID: 586 845 037#

IMPORTANT NOTICE: This Microsoft Teams service allows audio and other information sent during the session to be recorded, which may be discoverable in a legal matter. By joining this session, you automatically consent to such recordings. If you do not consent to being recorded, do not join the session.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzQ3NmNhMjAtZjFhNy00OGMzLTgwNjctNzhmNzlkZjE0ODQx%40thread.v2/0?context=%7b%22Tid%22%3a%22e4aaf3d7-4d53-4cff-b4cf-bd56608a806f%22%2c%22Oid%22%3a%2289635ec4-5145-435e-842a-7ddb173c847f%22%7d tel:+14699987569,,586845037#

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Section 3 – Requirements of Proposal

3.1 PROPOSAL SUBMITTAL DEADLINE AND LOCATION

LSCO will receive proposals for this RFP at the time and location described below. The Proposer (not LSCO, the carrier, mail service/courier, or other party) is solely responsible for ensuring that the proposal is received by the Point of Contact, in the format described below (ref. Section 3.3), prior to the Submittal Deadline.

Submittal Deadline: Thursday, May 2, 2024 at 2:30 PM Central Time Lamar State College Orange

Attn: Sheryll Snider / RFP 787-LSCO-030924 Ron E. Lewis Library Building 410 Front Street, Room 328

Orange, Texas 77630 NOTE: A public opening of responses will not be conducted for this RFP.

3.2 HISTORICALLY UNDERUTILIZED BUSINESSES

It is the policy of LSCO to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (“HUBs”). Accordingly, LSCO has adopted a policy on the Utilization of Historically Underutilized Businesses. The policy applies to all contracts with an expected value of $100,000 or more. If LSCO determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the proposal. Failure to submit a required HUB Subcontracting Plan form will result in rejection of the proposal.

3.2.1 LSCO has determined that subcontracting opportunities are not probable under this

RFP.

3.2.2 A HUB Subcontracting Plan is not required for this RFP.

3.3 PROPOSAL FORMAT AND REQUIRED COPIES

3.3.1 Unacceptable Proposal Delivery Methods: LSCO will not accept proposals in response to this RFP that are submitted by telephone, facsimile (fax) transmission, or electronic mail.

3.3.2 Proposal Envelope/Box/Container: Proposal must be placed in a sealed envelope, box, or container that is completely and properly identified with the name of Proposer’s firm, RFP number, due date, and time. It is the Proposer’s responsibility

RFP No: 787-LSCO-030924 Page 13 of 56 to have the proposal correctly marked, addressed, and delivered to LSCO by the Submittal Deadline for receipt by the Point of Contact.

3.3.3 Format for Proposal: Proposer shall make every effort to present the required information in a detailed, orderly, and compact presentation. Proposer should provide visual examples of functionality to clarify and reinforce key product features and services. Long or elaborate proposals are not desired. Sections will be tabbed and clearly labeled for ease of review and evaluation.

NOTE: Proposers may choose to submit multiple proposals with different designs.

In such a case, Proposer shall submit a separate and complete proposal package for each different design. Do not offer multiple design options on one submitted proposal. Each proposal will be evaluated on their own merit.

Proposer should submit the complete proposals, both the paper and electronic copies, using a format substantially like the following in terms of order of content:

A. Cover page B. Table of Contents C. Executive Summary of Proposal D. Pricing and Delivery Schedule (ref. Section 6) E. Execution of Offer (ref. Section 7) F. Proposer’s Questionnaire (ref. Section 8) G. Additional Questions Specific to RFP (ref. Section 9) H. General Terms & Conditions of Contract (ref. Section 10) I. Technical Proposal Appendix Two J. Supplemental Information: Proposer may submit any additional information

Proposer feels is relevant to the proposal. This information must be clearly labeled as “Supplemental Information” and in a separate tabbed section of the proposal.

NOTE: Proposers are responsible for submitting all required information as requested in this RFP. The above listing of items to be included in the proposal submission is a summary provided to aid Proposers in putting together the proposal package. Any items stated in other Sections of the RFP, but not listed in this Section, are still required to be provided as part of the proposal submission.

3.3.4 Required Copies: Proposer must submit:

A. Two (2) complete paper copies of its entire proposal B. One (1) USB flash drive with the individual and separate files as described below*.

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*The USB flash drive must include a protective cover and be labeled with Proposer’s name and the RFP number.

*The USB flash drive must contain the following three (3) individual and separate files:

A. One (1) complete electronic copy of the entire proposal, in a single .pdf file B. One (1) electronic copy of the proposal in a single .pdf file that does not contain pricing information relative to Section 6 C. One (1) redlined electronic copy of APPENDIX ONE, if applicable, in an editable format (i.e., Microsoft Word)

An original signature by an authorized officer of Proposer’s firm must appear on the Execution of Offer (ref. Section 7) of the electronic copy of the entire proposal and at least one (1) paper copy of the submitted proposal. The paper copy of the Proposer’s proposal bearing an original signature should contain the mark “original” on the front cover of the proposal.

3.4 PRICING

Proposer shall provide all-inclusive pricing as requested in Section 6 of this RFP. All pricing must be in United States Dollars.

3.5 EXECUTION OF OFFER

Proposer must complete, sign, and return the attached Execution of Offer (ref. Section 7) as part of the proposal. The Execution of Offer must be signed by an authorized officer of Proposer’s firm duly authorized to bind the Proposer to its proposal. Failure to sign and return the Execution of Offer will result in the rejection of the proposal.

3.6 PROPOSER’S QUESTIONNAIRE

Proposer must completely answer all questions asked in Section 8 (Proposer’s Questionnaire). By submitting a proposal, Proposer certifies that, to the best of its knowledge, all responses are true, correct, and complete.

3.7 ADDITIONAL QUESTIONS SPECIFIC TO RFP

Proposer must completely answer all questions asked in Section 9 (Additional Questions Specific to RFP). By submitting a proposal, Proposer certifies that, to the best of its knowledge, all responses are true, correct, and complete.

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3.8 LSCO GENERAL TERMS AND CONDITIONS

Proposer must completely answer all question asked in Section 10 (General Terms and Conditions of Contract). Any proposed changes or additions to LSCO’s intended agreement for the Services (ref. APPENDIX ONE) must be submitted with Proposer’s proposal in the form of a redlined APPENDIX ONE with track changes engaged and comments to support Proposer’s requested change(s) included.

3.9 VALIDITY PERIOD

By submitting a proposal in response to this RFP, Proposer accepts that the proposal will remain valid for a minimum of one-hundred twenty (120) days after the submittal deadline to allow time for evaluation of proposals, award determination, and any unforeseen delays.

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Section 4 – Terms and Conditions of Proposal

The items below apply to and become a part of proposal. Exceptions cannot be taken to the RFP document itself, nor can it be redlined. These actions may result in Proposer’s disqualification.

Only additions / modifications to APPENDIX ONE (ref. Section 10) will be considered by LSCO.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND

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

4.1 PROPOSAL REQUIREMENTS AND GENERAL INSTRUCTIONS

4.1.1 Rules, Regulations & Statutes: LSCO is an agency of the State of Texas. Proposers must comply with all rules, regulations, and statutes relating to purchasing of the State of Texas, The Texas State University System Rules, and Regulations, LSCO Policies and Procedures in addition to the Terms and Conditions of this form. Upon engagement, any successful Proposer shall confirm its compliance with all necessary State and/or Federal requirements relative to work performed.

4.1.2 Submittal Deadline Exception: If LSCO is closed due to inclement weather and/or emergency situations on the designated Submittal Deadline, the Submittal Deadline will default to the next open business day at the same time.

4.1.3 Late or Unsigned Proposals: Late and/or unsigned proposals will not be considered under any circumstances. Person signing the proposal must have the authority to bind Proposer’s firm in a contract. The Proposer (not LSCO, the carrier, mail service/courier, or other party) is solely responsible for ensuring that the complete proposal is received in LSCO’s office prior to the specified opening date and time.

4.1.4 FOB Designation: Shipping terms will be FOB Destination, freight prepaid and allowed unless otherwise stated within the specifications.

4.1.5 Pricing: Proposal prices are requested to be firm for LSCO acceptance for one hundred twenty (120) days from proposal opening date (unless otherwise stated in specifications). Proposers must price per unit shown. Unit prices shall govern in the event of extension errors. “Discount from list” proposals are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts will be taken if earned. All costs/pricing must be in United States dollars.

LSCO will not recognize or accept any charges or fees to perform Services that are not specifically stated in the Pricing and Delivery Schedule.

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4.1.6 Tax Exempt: Purchases made for State use are exempt from the State Sales tax and Federal Excise tax, per Texas Tax Code, Section 151.309(4). Do not include tax in the proposal.

4.1.7 Right to Accept or Reject: LSCO reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interests of LSCO and the State of Texas.

4.1.8 Withdrawal: Any proposal may be withdrawn prior to the date and time set for receipt of proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a period of 90 days, to provide the commodity or service set forth in the specifications, or until a selection has been made by LSCO.

4.1.9 Proposal Costs: Proposers electing to respond to this RFP are responsible for any and all costs of proposal preparation. LSCO is not liable for any costs incurred by a Proposer in response to this RFP.

4.1.10 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or (iii) contain irregularities of any kind, are subject to disqualification by LSCO, at LSCO’s sole discretion.

4.1.11 Any proposal that fails to comply with the requirements contained in this RFP may be rejected by LSCO, at LSCO’s sole discretion.

4.2 SPECIFICATIONS

4.2.1 Brand Name Descriptive: Catalogs, brand names or manufacturer’s references indicate the type and quality required by LSCO. Proposals on brands of like nature and quality will be considered. If proposing other than brand referenced, proposal will show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the proposal.

4.2.2 New Items: Unless otherwise specified, items shall be new and unused and of current production.

4.2.3 Samples: Samples, when requested, must be furnished free of expense to the State.

Each sample should be marked with the Proposer’s name, address, and RFP number.

Do not enclose in or attach proposal to sample. All samples become the property of

LSCO.

4.2.4 Oral Statements: LSCO will not be bound by any oral statement or representation contrary to the written specifications of the RFP.

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4.2.5 Manufacturer’s Warranty: Manufacturer’s standard warranty shall apply unless otherwise stated in the RFP.

4.2.6 Warranty-Product: Proposer shall not limit or exclude any implied warranties and any attempt to do so shall render any potential contract voidable at the option of LSCO. Proposer warrants that the goods proposed and furnished will conform to the specifications, drawings, and descriptions listed in the RFP, and to the sample(s) furnished by Proposer, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

4.2.7 Secure Erase of Hard Disk Capability: All equipment provided to LSCO that is equipped with hard disk drives (i.e., computers, telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have the capability to securely erase data written to the hard drive prior to final disposition of such equipment, either at the end of the equipment’s useful life or the end of the related services agreement for such equipment, in accordance with 1 TAC § Chapter 202.

4.3 NON-DISCLOSURE

No public disclosures or news releases pertaining to this RFP shall be made without prior written approval of LSCO.

4.4 CONFLICTS

In event of a conflict between standard proposal requirements and conditions and the attached detailed specification, the detailed specification shall govern.

4.5 PROPOSER AFFIRMATION

Submitting a proposal with a false statement is material breach of contract and shall void the submitted proposal or any resulting contracts, and the Proposer shall be removed from all proposal lists. By submitting a proposal, the Proposer herein affirms:

4.5.1 Vendor Ethics - Gratuities: As an agency of the State of Texas, LSCO holds the trust of the public. All Proposers and persons doing business with LSCO must provide the highest level of ethics and service in all business interactions. A Proposer shall not give, offer to give, nor intend to give at any time any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a LSCO employee that might reasonably appear to influence the employee in the discharge of official duties. LSCO may, by written notice to the Proposer, cancel any resulting contract without incurring liability if it determined that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Proposer, or any agent or representative of the Proposer, to any officer or employee of LSCO with a view toward securing a contract or securing favorable treatment with respect to the

RFP No: 787-LSCO-030924 Page 19 of 56 awarding or amending, or the making or any determinations with respect to the performing of such a contract. In the event any contract resulting from this RFP is cancelled by LSCO pursuant to this provision, LSCO shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Proposer in providing such gratuities.

4.5.2 If Proposer is a taxable entity as defined by Chapter 171, Texas Tax Code ("Chapter

171"), then Proposer certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, or that Proposer is exempt from the payment of those taxes, or that Proposer is an out–of–state taxable entity that is not subject to those taxes, whichever is applicable.

4.5.3 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 or the Federal Antitrust Laws nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

4.5.4 Under Section 2155.004, Texas Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based.

By submitting a proposal in response to this RFP, Proposer certifies and affirms that:

1) Proposer has not received compensation for participation in the preparation of the specifications for this RFP; and 2) the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate.

4.5.5 If applicable, pursuant to Texas Family Code, Title 5, Subtitle D, Section 231.006(d), regarding 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 any contract resulting from this RFP may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any proposers subject to Section 231.006 must include the names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the proposal. If awarded this RFP, Proposers will provide this information to LSCO prior to contract execution.

4.5.6 Pursuant to Section 2155.004 Texas Government Code regarding collection of state and local sales and use taxes, the Proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

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4.5.7 Proposer agrees that any payments due under any resulting 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.

4.5.8 Proposer certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003 of the Government Code, relating to contracting with the executive head of a State agency. If Section 669.003 applies, Proposer will submit the following information in response to this Section with their response 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:

4.5.9 Proposer represents and warrants that Proposer’s provision of services or other performance under any contract resulting from this RFP will not constitute an actual or potential conflict of interest and represents and warrants that it will not reasonably create even the appearance of impropriety.

4.5.10 Proposer and any of its principals (including, but not limited to, an owner, proprietor, sole or majority shareholder, director, president, or managing partner) are not debarred, suspended, or otherwise excluded from doing business with The System.

4.5.11 Proposer certifies that if a Texas address is shown as the address of the Proposer on its proposal, Proposer qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

4.6 TERMS AND CONDITIONS ATTACHED TO RESPONSE

Any terms and conditions attached to the proposal will not be considered unless referred to in the proposal (ref. Section 10).

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Section 5 – Scope of Work and Specifications

The purpose of this RFP is to solicit proposals to enter into a contract with a qualified and experienced firm(s) to obtain timely and professional Services as described herein. The successful Proposer, if any, is referred to as the “Contractor.” Services described in this RFP will be provided to, and on behalf of, LSCO.

Proposers shall submit a complete response to all requirements and specifications set forth in this RFP. Proposers may expand or offer any additional suggestions and/or services that their firm feels may benefit LSCO in addition to the requirements listed in this RFP (ref. Section 8.4).

Contractor will provide the following Services:

5. Scope of Work and Specifications

Contractor shall provide all design, labor, materials, equipment, supplies, and incidentals necessary to build and deliver the maritime training boat and barge, as awarded, that will be used as a maritime training vessel(s) in accordance with the following specifications and Section 1.3.

The primary objective of the two vessels is to train students in barge towing in a realistic, on-the-water, experiential learning classroom.

Proposer to provide breakout design and pricing of each vessel included in their submission(s). Proposals which include designs for both vessels should model the two vessels in similarity of length, width, and freeboard to present a matching set.

NOTE: The specifications listed below are the essential minimum requirements for the design, construction, and performance of the required vessels named herein.

Items not described in this specification for design, construction, and performance may be accepted as the standard of the Proposer who shall be solely responsible for the design, construction, and performance of the training vessel(s). Contractor shall provide the specified service requirements in accordance with all federal, state, and local applicable laws, standards, regulations, and United States Coast Guard (USCG) regulations to perform the services.

5.1. SPECIFICATIONS

5.1.1. The training vessel(s) shall be constructed of approved marine grade aluminum with at least a minimum thickness as suggested by manufacture and structural guidance and specifications as set forth in specifications herein and conform as

RFP No: 787-LSCO-030924 Page 22 of 56 applicable to the following standards of Structural and Electrical compliance where applicable but not limited to:

5.1.2. National Fire Protection Association (NFPA) https://www.nfpa.org/Codes-and-

Standards

5.1.3. United States Coast Guard (USCG)

https://www.dco.uscg.mil/OCSNCOE/Regulatory- Guidance/

5.1.4. Environmental Protection Agency (EPA) https://www.epa.gov/regulatory-information-topic

5.1.5. U.S. Code 46. Section 4301

https://uscode.house.gov/view.xhtml?path=/prelim@title46/subtitle2/partB/cha pter43&edition=prelim

5.1.6. American Boat and Yacht Council (ABYC) https://abycinc.org/

5.2. TRAINING BOAT

The Training Boat shall consist of a semi-v bottom aluminum boat, two outboards, and a trailer as per the specifications provided herein.

5.2.1. Hull

The training vessel will be an aluminum hull, semi-v commercial boat with an enclosed cabin suitable for the safe transport of twelve passengers seated inside the cabin.

5.2.2. Length

Minimum length 36’, maximum length 44’

5.2.3. Width

Minimum width 11’, maximum width 14’

5.2.4. Materials

Bottom, Sides and Transom shall be built from a minimum of 1/4” aluminum 5086 alloy.

Main Deck built from a minimum of 3/16” treadplate.

5.2.5. Ribs

The Internal Rib Structure shall be on par with industry standard. The respondent shall provide a detailed description of the internal structures as part of the proposal.

https://www.nfpa.org/Codes-and-Standards https://www.nfpa.org/Codes-and-Standards https://www.dco.uscg.mil/OCSNCOE/Regulatory-Guidance/ https://www.dco.uscg.mil/OCSNCOE/Regulatory-Guidance/ https://www.epa.gov/regulatory-information-topic https://www.epa.gov/regulatory-information-topic https://uscode.house.gov/view.xhtml?path=/prelim@title46/subtitle2/partB/chapter43&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title46/subtitle2/partB/chapter43&edition=prelim https://abycinc.org/

RFP No: 787-LSCO-030924 Page 23 of 56

5.2.6. Push Knees

The boat shall be equipped with heavy duty rubber push knees.

5.2.7. Deck Fittings

The deck shall have fittings simulating those on a commercial vessel, sufficient for training students to build a tow.

5.2.8. Cabin

The cabin shall have seating for twelve adults. A front sloping profile resembling a towboat is preferred.

5.2.9. Engines/Propulsion

Two marine outboards. Each outboard will be controlled independently in order to allow realistic simulation of a commercial tow vessel. Horsepower shall be appropriate for the size and weight of the vessel and sufficient to safely maneuver the vessel and two barges in windy conditions.

5.2.10. Trailer

The trailer shall be of quality and design appropriate for a marine environment and rated for a capacity to exceed the weight of the boat.

5.2.11. Generator

The boat shall be equipped with a quality, name brand, generator sufficient for the intended use.

5.2.12. Deck Rails

Deck rails forward of the cabin should be removeable to allow for line-handling practice.

5.3. TRAINING BARGE

The Training Barge shall be built as a “deck barge”, and a trailer as per the specifications provided herein. The barge may be used in instructional training to simulate multiple barge towing.

5.3.1. Each barge shall include a trailer of quality and design appropriate for a marine environment and rated for a capacity of the barge weight.

5.3.2. Length

Minimum length 24’, maximum length 44’

5.3.3. Width

Minimum width 10’, maximum length 14’

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5.3.4. Stern and Bow

Built to allow “face-up” with another barge in instructional training exercises.

5.3.5. Engine/Propulsion/Controls

The barge will have no power, controls, or motors in the original build.

5.4. ALTERNATE ONE – TRAINING BARGE WITH CREW QUARTERS

5.4.1. The Crew Quarters Barge shall include features to simulate the living areas of a commercial vessel. The crew quarters shall be sufficient to support a minimum crew of four to a maximum crew of six.

5.4.2. Include a functional galley with small dining area, a functioning head (toilet), sleeping quarters for four to six crewmembers, and an appropriately sized generator.

5.4.3. Because the training boat must be kept within dimensions appropriate for highway travel, a significant portion of the crew quarters will be constructed below the barge’s main deck to ensure visibility over the top of the unit.

5.5. ELECTRONICS FOR THE TRAINING BOAT AND BARGE

Shall be current year model or newer, installed and ready for operations upon delivery and acceptance. To include Automatic Identification System (AIS), Very High Frequency (VHF) radios, and depth finder. Proposers may submit a detailed price list of add-on electronics.

5.6. SEA TRIALS FOR THE TRAINING BOAT AND BARGE

Sea Trials and inspections will be conducted prior to vessel being delivered to final destination. Sea Trials will also be required post-delivery at home port. Punch lists will be resolved and rectified pre- and post-delivery and before final payment is released.

5.7. DELIVERY

Vessel(s) must be delivered to Lamar State College in Orange, Texas at the Contractor's expense. Method of delivery will be determined by the Contractor. Delivery timeframe shall be provided in Proposal submission.

Contractor shall coordinate specific delivery location with LSCO prior to delivery and shall provide thirty days advance written notice to LSCO of delivery method and timeframe.

RFP No: 787-LSCO-030924 Page 25 of 56

Contractor shall repair any damage caused during the delivery process.

5.8. TRAINING REQUIREMENTS

Contractor shall provide operational and maintenance training to LSCO employees to include operation of vessel(s) and all mechanical electrical components required for operation of vessel(s).

Proposer shall provide information on the training to be provided in their proposal submission.

5.9. MANUALS, FINAL SHOP DRAWINGS, WRITTEN WARRANTIES, ETC.

Upon delivery of vessel(s), Contractor shall provide documentation, including but not limited to the following:

A. Reference and operational manuals.

B. “As built” final shop drawings/blueprints

C. Written warranties for vessel and all installed equipment.

Failure to submit any or all manuals, drawings, and warranties may result in delay or forfeiture of final payment.

5.10. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES

5.10.1. Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with LSCO. No work, or other services shall be undertaken by Contractor except with the prior written authorization by LSCO.

Contractor understands and agrees that work or other service performed without prior written authorization from LSCO is work outside the scope of this contract and shall be performed exclusively at Contractor’s risk.

5.10.2. Contractor and the resulting manufactured vessel shall comply with any and all rules and regulations with respect to design and manufacture referenced herein.

5.10.3. Contractor and the resulting manufactured vessel(s) shall be in compliance with all laws, ordinances, statutes, and regulations pertaining to the goods and services described herein, and shall obtain all necessary permits, licenses, or other authorizations pertinent to the manufacturing process, transportation, and delivery of the vessel described herein and be approved by LSCO.

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5.10.4. Contractor guarantees services and products offered will meet or exceed the written specifications identified in this solicitation. If any specifications differ from specifications herein for Respondent’s proposed vessel, it is the responsibility of the

Respondent to provide that information in their proposal submission. Any revisions and or exceptions must meet minimum requirements of regulations referenced herein.

5.10.5. Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the LSCO Terms and Conditions.

5.10.6. Contractor shall provide all labor, materials, equipment, incidentals, and supervision necessary to meet requirements of the specified services throughout the term of the contract.

5.10.7. Contractor is responsible for all costs incurred in the performance of the contract.

5.10.8. Contractor shall…