ESBD_File_355271_Request For Proposal 556-24-1.pdf

Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 1 of 41

REQUEST FOR PROPOSAL

RFP NUMBER: 556-24-1

Lease and/or Operating Agreement – Electron Beam Processing Facility

Located on the Main Campus of Texas A&M University College Station, Texas 77843

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 p.m. (CST) on Wednesday, December 20, 2023

USPS MAIL TO: HAND DELIVERY AND/OR EXPRESS

MAIL TO:

Texas A&M AgriLife Administrative Services Procurement Office

2147 TAMU

College Station, TX 77843-2147

Texas A&M AgriLife Administrative Services Procurement Office

578 John Kimbrough Blvd., Room #419 College Station, TX 77843-2147

Show RFP Number, Opening Date and Time on Return Envelope

NOTE: Proposal must be time stamped at the Texas A&M AgriLife Procurement Office before the hour and date specified for receipt of proposal.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121-127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of Respondents will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REFER INQUIRIES TO:

Chris Chamberlain Director of Procurement & HUB

Texas A&M AgriLife Administrative Services Procurement Office

Phone: 979-314-5830 Fax: 979-458-1217

Email: cchamberlain@tamu.edu

All proposals shall become the property of the State of Texas upon receipt. Proposals may be subject to public review after contracts have been awarded. Vendors responding to this request for proposal are cautioned not to include any proprietary information as part of their proposal unless such proprietary information is carefully identified as such in writing, and the

Agency accepts, in writing, the information as proprietary. Notwithstanding the foregoing, the Agency is subject to the Texas Public Information Act.

mailto:cchamberlain@tamu.edu

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TABLE OF CONTENTS

Section 1 – Introduction

1.1 Overview

1.2 Background

1.3 Definitions & Acronyms

1.4 Priorities & Expectations

1.5 Schedule of Events

1.6 Award

1.7 Respondent Responsibilities

1.8 Contract Term

Section 2 – Scope & Proposal

2.1 Facilities Offered for Consideration

2.2 Equipment Upgrading & Expansion

2.3 Utilities

2.4 Type of Contract

2.5 Lease and/or Operating Agreement Term

2.6 Technical Proposal

2.7 Compensation Proposal

2.8 Company References

2.9 Personnel

2.10 HUB Participation Plan

Section 3 – General Information

3.1 Submittal Deadline & Location

3.2 Submittal Instructions

3.3 Pre-Proposal Site Visit

3.4 Pre-Proposal Conference

3.5 Inquiries & Interpretations

3.6 Proposal Components

3.7 Evaluation Criteria for Award

3.8 Vendor Setup Form

3.9 Insurance

3.10 Contract Administration

3.11 Project Management

3.12 Terms & Conditions

Section 4 – General Terms & Conditions

4.1 General

4.2 Default

4.3 Termination

4.4 Entire Agreement

4.5 Independent Vendor Status

4.6 Right to Audit

4.7 Sales & Use Tax

4.8 Non-Disclosure

4.9 Publicity

4.10 Severability

4.11 Non-Waiver of Defaults

4.12 Governing Law

4.13 Intellectual Property

4.14 Not Eligible for Rehire

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4.15 Texas Public Information Act

4.16 Prohibition on Contracts Related to Persons Involved in Human Trafficking

4.17 Boycotting Israel

4.18 Business with Certain Countries & Organizations

4.19 Indemnification

4.20 Other Benefits

4.21 Alternative Dispute Resolution

4.22 Alternate Proposal

4.23 Export Control

4.24 Force Majeure

4.25 Venue

4.26 Authority of the State of Texas Auditor’s Office

4.27 Executive Order #13224

4.28 Assignment

4.29 COVID-19 Vaccine Passport Prohibition

4.30 Energy Company Boycotts

4.31 Firearm Entities & Trade Association Discrimination

4.32 Former Agency Employees

4.33 Intellectual Property Indemnification

4.34 No Conflicts of Interest

4.35 Prior Disaster Relief Contract Violation

4.36 Texas Bidder Affirmation

4.37 Cloud Computing State Risk & Authorization Management Program (TX-RAMP)

4.38 Critical Infrastructure Affirmation

4.39 Cybersecurity Training

4.40 Data Management & Security Controls

4.41 Disaster Recovery Plan

4.42 Immigration

4.43 Damage to Government Property

4.44 Civil Rights Requirements

4.45 Equal Employment Opportunity

4.46 Federal Occupational Safety & Health Law

4.47 Ownership of Documents

4.48 Records Retention

4.49 Restricted Employment for Certain State Personnel

4.50 Use of State Property

Appendix A – Insurance Requirements Exhibit 1 – Respondent Questionnaire Exhibit 2 – Execution of Offer Exhibit 3 – Non-Collusion Affidavit Exhibit 4 – HUB Subcontracting Plan

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SECTION 1

INTRODUCTION

1.1 Overview

Texas A&M AgriLife Research (the Agency) is soliciting proposals for the selection of a commercial entity or entities to enter into a property (facility) lease and/or operating agreement of the Electron Beam Radiation Processing Facility (EBRPF), assume current production, and expand the commercial irradiation services.

The EBRPF is located at 400 Discovery Drive in College Station, Texas. The EBRPF is housed in the Electron Beam and Space Food Research Facility. This proposed lease is only related to the EBRPF and associated office space and shared conference room.

The Agency is interested in expanding the commercial eBeam irradiation services for the food, pet-food, spice, medical device, pharmaceutical, cosmetic, environmental, and other pertinent industries where electron beam irradiation is of value. The primary function of the facility will be to provide commercial irradiation services. Importantly, the facility should also continue to serve as an electron beam irradiation facility for carrying out research projects by academic and industry scientists in collaboration with Agency scientists. The facility is, therefore, intended to serve as a commercial irradiation service center as well as a laboratory to conduct research, education, and research for Agency faculty and students in areas of sterilization, pasteurization and disinfection. The Agency, College of Agriculture and Life Sciences, and other entities of the A&M System or other colleges, schools, departments, or units at Texas A&M University may utilize the facility for research relating to the expansion of electron beam technologies.

The Electron Beam Research Facility at Texas A&M University is a dual modality facility. There are 2 vertically mounted opposing electron beam linear accelerators. One (tower accelerator) is set at 10 MeV (Million Electron Volt), 15 Kilowatt, while the other (pit accelerator) is set at ~ 8.5 MeV, 2 kW.

Additionally, there is a single horizontally mounted 5 MeV, 15 Kilowatt X-Ray Linear Accelerator. A new 10 MeV, 15 kW pit linac supplied by Mevex-Steris was installed in the middle of October, 2023.

Additionally, Mevex-Steris will also install a low energy self-shielded 1 to 1.9 MeV eBeam and X-ray system ("Beams in a Box") by summer 2024. The facility also has a Scan EBLAB 200 (80-200 keV) self-shielded low energy eBeam research platform. The self-shielded "Beams in a Box" and the EBLAB200 are not for commercial usage and only for research purposes.

The intent of this RFP is to allow all interested / prospective entities to provide a sufficient amount of data that will enable the Agency to determine which entity is in fact best able to meet the criteria which are to be considered in the award of the facility lease and/or operating agreement. To this end, each Respondent shall furnish, as a part of the proposal, a complete general description of experience in their respective fields.

RESPONDENTS ARE ADVISED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 Background

The Texas A&M University System is one of the largest systems of higher education in the nation, with a budget of $7.8 billion. Through a statewide network of 11 universities, a comprehensive health science center, eight state agencies, and the RELLIS Campus, the Texas A&M System educates more than 153,000 students and makes more than 23 million additional educational contacts through service and outreach programs each year. System-wide, research and development expenditures exceed $1 billion and helped drive the state’s economy. More information about the A&M System and its members can be found at http://www.tamus.edu/about/.

http://www.tamus.edu/about/

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The Agency is one of the eight state agency members of the A&M System. The mission of the Agency is to pioneer knowledge about agriculture and the life sciences that nourishes health, strengthens communities, protects natural resources, and supports economies.

The EBRPF is the electron beam irradiation facility of the National Center for Electron Beam Research (NCEBR), a USDA recognized research center and a NNSA-ORS Center of Excellence. The NCEBR is the leading academic and research organization in the world that is focused on the research, development, and commercialization of Electron Beam (eBeam) technologies. NCEBR’s goal is to exploit eBeam technology for improving the quality of life of peoples and economies around the world. The NCEBR is focused on “Harnessing eBeam technology for Cleaning, Healing, Feeding and Shaping this World and Beyond”. The International Atomic Energy Agency (IAEA) has designated the NCEBR as the IAEA Collaborating Centre for Electron Beam Technology for Food, Health, and Environmental Applications. The NCEBR advocates for the promotion of eBeam and other non-isotope based technologies around the world. The Center is committed to building strong partnerships with the government and private industry in our efforts to move the technology from the research laboratory to the marketplace. The Center partners with academia, government, and private industry worldwide to enable application of eBeam and X-ray technologies. The Center accomplishes it activities by:

• Bringing together academic, industry and government researchers and students to facilitate eBeam and X-ray-related research projects

• Building and strengthening research teams across defined scientific focus areas to develop targeted research programs in eBeam and X-ray technologies

• Partnering with top research universities, research organizations and private industry within the United States and internationally in fostering these technologies

• Developing strong graduate and undergraduate research, teaching and outreach programs in eBeam and X-ray technologies to develop a pool of technically trained individuals to serve US strategic needs for the future

• Teaming with overseas academic and research organizations to expand the scope of applications of these technologies especially with regards to the bio-security of global food supplies

1.3 Definitions & Acronyms

Whenever the following terms are used in any part of this Request for Proposal (RFP), the intent and meaning shall be interpreted as follows:

• Agency – Texas A&M AgriLife Research

• Business Day – Monday through Friday; excluding holidays

• Calendar Day – Each/every day; including weekends and holidays

• Electron Beam Radiation Processing Facility (EBRPF) – The facility to be leased

• Electronic State Business Daily (ESBD) – The State of Texas’ procurement solicitation website where this RFP and any related addenda will be posted

• Historically Underutilized Business (HUB) – A business with its principal place of business in the

State of Texas in which 51% or more ownership belongs to an economically disadvantaged person as defined by Texas Government Code Section 2161.001(3).

• Lease and/or Operating Agreement – The formal contractual agreement entered into between Texas A&M AgriLife Research and the awarded Respondent as a result of this RFP

• National Center for Electron Beam Research (NCEBR) – The USDA recognized research center at Texas A&M University

• Proposal – Respondent’s offer

• Proposer / Respondent – The individual, partnership, corporation, or other entity that submits a response to this RFP

• Request for Proposal (RFP) – This document in its entirety including any/all addenda or amendments

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• Seller / Contractor / Vendor – The individual, partnership, corporation, or other entity awarded a contract or agreement under this RFP in accordance with the terms, conditions, and requirements herein

• TAMU – Texas A&M University

• TAMUS – Texas A&M University System

1.4 Priorities & Expectations

Respondents should note the following priorities/expectations regarding the possibility of the Agency establishing a contractual relationship with any Respondent:

(a) Ensuring the sustainability of commercial eBeam services at EBRPF. The ability to sustain and expand eBeam and X-ray technologies within the Agency is a key priority. The Respondent shall provide a plan on how the commercial services at the EBRPF is sustained and expanded. Outline services to include facilities management, personnel, plans, goals, objectives, operational use plans, hours of proposed operation, etc.

(b) Acceptance of equipment as-is. The Respondent agrees to accept the equipment associated with the eBeam and X-ray irradiation services as-is. All equipment included in the lease will remain the property of the Agency at the end of any lease period or upon termination of the lease. An inventory list of all Agency owned equipment will be provided upon request. Requests shall be sent to Chris Chamberlain at cchamberlain@tamu.edu. Respondents requesting this information will be required to complete a Non-Disclosure Agreement.

(c) Expansion and maintenance of the eBeam equipment and capabilities at EBRPF. The equipment at the EBRPF was commissioned in 2002. A commercial linear accelerator repair and maintenance company provides preventive maintenance while a leading linear accelerator supplier provides strategic guidance vis-a-vis equipment and replacement strategies. The equipment at the facility is currently being used to provide commercial eBeam services. A key priority for the Agency is for the Respondent to propose an equipment maintenance, replacement, and expansion plan as part of the proposal.

(d) Radiation producing device permit and other necessary permits. The State of Texas has delegated the Texas A&M University’s Environmental Health and Safety Department (EHSD) to oversee the radiation producing device activities and occupational safety of the employees at the EBRPF. The awarded Respondent will have to confer with EHSD and determine whether they can work with the pre-existing RPD (radiation producing device) permit or would have to obtain their own directly from the Texas Department of State Health Services.

(e) Human resources. There are currently two full-time employees (Business Titles: Facility Manager and Technical Laboratory Coordinator) and several part-time employees at the EBRPF. The Respondent shall provide a plan to consider continued employment of these individuals per Section

2.9 - Personnel.

(f) Level of experience and expertise. Respondent must demonstrate its capabilities and qualifications in providing the utmost level of experience and expertise to ensure a successful project as determined by the Agency.

(g) Honoring current commercial accounts. Respondent shall honor current commercial contracts for the period of performance stated in each agreement. Requests for contract information by interested parties shall be sent to Chris Chamberlain at cchamberlain@tamu.edu. Respondents requesting this information will be required to complete a Non-Disclosure Agreement.

(h) Supporting the activities of the NCEBR. Multiple researchers from the Agency and external entities are currently utilizing the eBeam irradiation services at the EBRPF as part of their research projects.

Access to the eBeam irradiation services are critical part of these research activities. These research activities encompass both external sponsor funded and un-funded research projects. The un-funded projects are undertaken to gather preliminary data to support the submission of grant proposals to both industry and government. Currently, the Agency requires a minimum of 16 hours per week for research activities, however, this number is expected to increase. The Agency is willing to negotiate the number of hours required prior to issuing a contract. These research projects could ultimately support the commercial irradiation services of the Respondent. In addition to the research activities, Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 7 of 41 the NCEBR also conducts yearly hands-on training workshops in electron beam irradiation technology. Additionally, graduate and undergraduate courses centered on electron beam technology will occasionally need access to the eBeam irradiation services. Since these activities can ultimately be of high value to successful commercial services, the Respondent shall provide a plan on how the diverse research, education and training activities of the NCEBR will be supported and potentially expanded. The National Nuclear Security Administration (NNSA) has recently designated the NCEBR as a National Center for Low Energy Electron Beam Research. As part of this contract, NNSA has committed funds to acquire research scale ("Beams in a Box") and EBLab200 for research and development purposes. The EBLab200 is already installed and other equipment will be purchased within the next 12-18 months and will be placed within the processing area. The “Beams in a Box” and the EBLab200 equipment and its operation are not planned to be part of this facility lease, however, a convincing argument why these two key pieces of equipment should be included in the lease agreement will be considered.

(i) Dosimetry Laboratory. The dosimetry laboratory is equipped with state of the art dosimetry systems (alanine, B3 film, Gafchromic film, Risoscan dosimetry and temperature calorimetry). The dosimetry laboratory will be part of the lease agreement. The Respondent should facilitate the measurement of dosimeters from the research studies.

(j) Ensuring a quality level of service. The Agency is seeking a Respondent that will ensure the provision of quality in its delivery of service through proven techniques and established metrics. The leasing of the facility could involve leasing only the commercially utilizable equipment and providing research hours or the lease agreement could involve leasing the entire facility and offering commercial services and research services to support the NCEBR activities. The Respondent should provide possible suggestions on how it will lease the facility and make the facility available for TAMUS and other academic researchers. We anticipate the Respondent to offer multiple options on achieving this.

(k) Financial stability. Respondent must demonstrate its financial stability and capabilities in providing the required services. At a minimum, the Respondent shall provide the two most current financial statements, attached in a separate envelope. Provide a list of all litigation that your company has been involved in within the last three (3) years. If the firm has been in existence less than three (3) years, identify litigation involving owners and management.

1.5 Schedule of Events

The review and approval of RFPs is a multi-step process which requires variable amounts of time.

Respondents are advised that the projected dates listed below may be modified by, and at the sole discretion of, Texas A&M AgriLife.

Tentative Timetable Release of RFP ..................................................................................................................... November 17, 2023 Pre-Proposal Conference (Online) ..................................................... November 29, 2023, at 10:00 a.m. (CST) Deadline for Questions ........................................................................................................... December 6, 2023 Deadline for Receipt of Proposals ....................................................... December 20, 2023, by 3:00 p.m. (CST) Interviews (at Agency’s option) ................................................................................................................... TBD Request for Best and Final Offers (if applicable) ......................................................................................... TBD Formal Execution of Agreement .................................................................................................................. TBD

1.6 Award

The Agency shall be the sole judge in making this determination and shall be done so in the best interests of the Agency.

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1.7 Respondent Responsibilities

By submitting responses, each Respondent 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 Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

1.7.1 Examination of the Request for Proposal

Before submitting, each Respondent will be held to have examined the Agency requirements outlined in this RFP and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with specifications of this RFP. Requests for facility and operational data by interested parties will be considered. Requests shall be sent to Chris Chamberlain at cchamberlain@tamu.edu on or before the Deadline for Questions per Section 1.5 – Schedule of Events. Respondents requesting this information will be required to complete a Non-Disclosure Agreement.

No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions. It shall be understood that the Respondent has full knowledge of all the existing and/or revised conditions and accepts them "as is."

1.8 Contract Term

If Respondent is selected, depending on the specifics proposed by the Respondent and approved by the Agency, the Agency will enter into an initial lease and/or operating agreement with an approximate term of five (5) years. Respondents are encouraged to submit a term that will be favorable to both parties. Any lease and/or operating agreement will require the review and approval of the Texas A&M University System Real Estate Office and may require approval by the Board of Regents of the A&M System. Proposals shall be in accordance with the terms, conditions, and requirements set forth in this Request for Proposal (RFP). The Agency reserves the right to terminate for cause in the event of failure by the selected Respondent to perform in accordance with the terms of the lease and/or operating agreement.

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Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 9 of 41

SECTION 2

SCOPE & PROPOSAL

2.1 Facilities Offered for Consideration

The Electron Beam Radiation Processing Facility (EBRPF) at the Electron Beam and Space Food Research Facility located at 400 Discovery Drive in College Station, TX along with the associated fixed and movable equipment and control systems, office space and a shared conference room are being offered for lease.

2.2 Equipment Upgrading & Expansion

The Agency will incur no financial obligation with respect to the upgrading and expansion of equipment and capabilities.

The Agency will lease the facility and accompanying equipment “as is” to, depending on the proposal by the Respondent, Respondent or an affiliated entity.

At the end of any lease period or upon termination of the lease, the Agency will retain the option to purchase the capital equipment improvements.

2.3 Utilities

The Respondent will be responsible for all utility costs associated with the lease of space.

Telecommunications and internet will be the responsibility of the Respondent.

2.4 Type of Contract

Contracts resulting from this solicitation will be in the form of a lease and/or operating agreement to be negotiated with the Agency. Any lease agreement will require the approval of the Texas A&M University System Real Estate Office and may require approval by the Board of Regents of the A&M System. The lease will be a net lease, and will contain, among other terms, (i) the obligation of the Respondent, Respondent’s affiliated entity or non-profit entity to pay all ad valorem property taxes accruing as a result of the commercial operation, if applicable, and (ii) covenants and restrictions on the use of the property.

2.5 Lease and/or Operating Agreement Term

This lease and/or operating agreement shall be for an approximate period of five (5) years to be determined upon final negotiated agreement. See Section 1.8 – Contract Term.

2.6 Technical Proposal

Respondent shall include the following:

(a) Respondents shall offer solutions and recommendations as to how they would operate, manage, and promote the EBRPF operations. (See Section 1.4 (a), (b), (d), (e), (f), (g) and (i))

(b) A list of the names and addresses of all the owners, executives, managers, partners, members, shareholders, or principals of the Respondent, and all entities having an ownership interest in the Respondent. Complete Respondent Questionnaire, Exhibit 1.

(c) A detailed description of any proposed upgrades to facility or existing equipment. (See Section

1.4 (c) and Section 2.2 – Equipment Upgrading & Expansion)

(d) A plan on how to assume current service agreements. (See Section 1.4 (g))

(e) A plan for the Agency to continue its ability to conduct research at the facility and any support to be provided by Respondent for such research. (See Section 1.4 (h) and (j))

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2.7 Compensation Proposal

The Agency anticipates that the Respondent will present a competitive compensation proposal, which should align with prevailing industry standards. The Agency does not have a prescribed format for the compensation proposal. However, the compensation proposal should explicitly outline the financial terms put forth by the Respondent.

2.8 Company References

Respondents shall provide a list of at least four (4) references. References shall include the following:

• Company name

• Contact person and title

• Telephone number

• Email address

• General description of the completed scope and services provided

The Agency reserves the right to contact these references to verify the Proposer’s ability to perform these services. A negative reference may be grounds for the disqualification of your proposal.

2.9 Personnel

Prior to any final lease and/or operating contract, Respondent shall provide personnel details including qualification and licensing for the proposed personnel for the proposed operation of EBRPF.

Respondent shall furnish all management, operations, labor, equipment maintenance, and supplies necessary for the EBRPF operation. The Agency currently has two (2) full-time employees (Business Titles: Facility Manager and Technical Laboratory Coordinator) and several part-time employees. The Agency will give consideration to the methods proposed by each Respondent relating to the transition of the current workforce, particularly current employees with significant years of service. Respondent’s proposal should address retirement options.

2.10 HUB Participation Plan

It is the policy of the State of Texas and The Texas A&M University System, Universities, and Agencies to encourage the use of Historically Underutilized Businesses (HUBs) both directly and indirectly in the members’ prime contracts, subcontracts, and purchasing transactions. The goal of the HUB Program is to promote equal access and equal opportunity in Agency contracting and purchasing.

Subcontracting opportunities are defined as opportunities to contract with a vendor to perform work, to supply commodities, or contribute toward completing work for a governmental entity. Respondents are required to submit a HUB Participation Plan describing in detail how they will commit to a “Good Faith Effort” to attract and use State of Texas certified HUB vendors.

2.10.1 RFP Submission Requirement

The following items must be submitted with your RFP response in order to meet the HUB Participation Plan requirements.

• HUB Subcontracting Plan (HSP): Complete the HSP form by submitting Sections 1, Section 2-a. & b., and Section 4 ONLY. The Texas A&M AgriLife HUB Subcontracting Plan form is attached to this RFP. (See Exhibit 4 – HUB Subcontracting Plan)

The HSP shall be completed for the sections noted above and according to the instructions within the form.

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• HUB Participation Plan: Submit a HUB Participation Plan explaining how the Respondent intends to make a good faith effort for each subcontracting opportunity they identify in Section 2 of the HSP Form. This plan shall include the following:

The Respondent shall state whether it is a Texas certified HUB.

The Respondent shall state that it intends to meet or exceed the Agency goal stated in the HSP.

Discuss general areas of potential subcontracting opportunities.

Describe how you intend to locate HUB vendors for solicitation and possible inclusion in this development. For example, will you use the CMBL/HUB Directory listings (https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do)? Will you advertise in minority or trade organization newsletters or newspapers? Will you host meetings and events to encourage HUB participation on the project? Etc.

Provide a list of the trade organizations or development centers that you intend to work with in your outreach efforts. Examples of these can be found at the following site: https://comptroller.texas.gov/purchasing/vendor/hub/resources.php

For more information regarding the HUB Participation Plan requirements, please contact Nick Galetka, HUB Coordinator, at nick.galetka@ag.tamu.edu, 979-314-5848.

2.10.2 Awarded Respondent

Upon execution of a lease and/or operating agreement, the awarded Respondent may be required to submit additional documentation including, but not limited to, a completed HSP and Prime Contractor Progress Assessment (PAR) forms to document compliance with the HSP. PAR forms can be found at the following site:

https://comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls

[The remainder of this page has been intentionally left blank] https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:nick.galetka@ag.tamu.edu https://comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls

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SECTION 3

GENERAL INFORMATION

3.1 Submittal Deadline & Location

All proposals must be received by Texas A&M AgriLife Procurement no later than 3:00 p.m. (central time) on December 20, 2023.

Late responses will not be considered under any circumstances.

3.2 Submittal Instructions

3.2.1 Proposals including Execution of Offer (See Exhibit 2 – Execution of Offer) must be signed by

Respondent’s company official authorized to commit such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification. Digital signatures ARE acceptable.

3.2.2 Complete proposals may be submitted either by USPS, express mail, or electronically via email to bids@ag.tamu.edu with the subject line “RFP 556-24-1”.

3.2.3 All electronic copies must be in Microsoft Office software or Adobe Portable Document Format

(PDF). All image files must be in one of the following formats: .jpg, .gif, .bmp, .tif. The Agency prefers files to already be inserted as part of a document such as a PDF.

3.2.4 An unreadable electronic copy due to incorrect format may reflect negatively on your proposal.

3.2.5 Facsimile (Fax) responses to this RFP are NOT acceptable.

3.3 Pre-Proposal Site Visit

Site visits by Respondents are encouraged but not required.

Contact information for site visits:

Chris Chamberlain 979-314-5830 cchamberlain@tamu.edu

Respondents shall note that the Agency will not be bound by any oral statement or representation that are contrary to the written specifications of the RFP. Respondents shall submit any questions in writing as specified in Section 3.5 – Inquiries & Interpretations. Respondents requesting a site visit will be required to complete a Non-Disclosure Agreement.

3.4 Pre-Proposal Conference

There will be a pre-proposal conference scheduled for this RFP. Attendance is NOT mandatory; however, it is recommended that interested parties attend. Register for the event by emailing Chris Chamberlain at cchamberlain@tamu.edu or by clicking the link below. Please register on or before Monday November 28th, 2023.

Pre-Proposal Conference: Wednesday, November 29th, 2023, at 10 a.m. CST Online - Microsoft Teams Meeting - Must Register by Clicking the link HERE or by emailing Chris Chamberlain at cchamberlain@tamu.edu.

mailto:bids@ag.tamu.edu mailto:cchamberlain@tamu.edu https://forms.office.com/Pages/ResponsePage.aspx?id=CljXn3JknE2hQtEx06ehFnuFxBWChSlErcQjiQo3eUVUMTk2TUMxUVlENVBPUEZLNVVQSTk5SFI1Ti4u

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3.5 Inquiries & Interpretations

Any questions or concerns regarding this RFP shall be submitted in writing via email on or before December 6, 2023. This includes questions and/or requests for more data or information beyond that included in this RFP. Questions will not be answered on the phone.

All questions must be sent to:

Chris Chamberlain Director of Procurement & HUB cchamberlain@tamu.edu

The Agency specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and posted to the Electronic State Business Daily (ESBD) website. It is the responsibility of interested parties to regularly check the ESBD for any possible addenda to this project.

Enter “556-24-1” in the Solicitation ID field to locate this posting at the following website:

http://www.txsmartbuy.com/esbd.

All such addenda issued by the Agency prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only those Agency replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

3.6 Proposal Components

Responses including Execution of Offer (see Exhibit 2 – Execution of Offer) must be signed by Respondent’s official authorized to commit such responses. Failure to sign the Execution of Offer may be basis for response disqualification.

The following documents are to be returned as part of your proposal submittal:

• Signed Execution of Offer (See Exhibit 2)

• Signed Non-Collusion Affidavit (See Exhibit 3)

• Technical Proposal (See Section 2.6)

• Financial Statements (include as a separate file) (See Section 1.4 (k))

• Company References (See Section 2.8)

• Compensation Proposal (See Section 2.7)

• Respondent Questionnaire (See Exhibit 1)

• Certificate of Insurance (See Section 3.9 and Appendix A)

• HUB Participation Plan (See Section 2.10)

• Addenda, if applicable

Failure to include these documents may be basis for response disqualification.

3.7 Evaluation Criteria for Award

3.7.1 Evaluation Information

The evaluation of the proposals shall be based on what is deemed to represent the best value to the Agency. The RFP provides the information necessary to prepare and submit proposals for consideration by the Agency. All properly submitted proposals will be reviewed, evaluated, and ranked by the Agency. The Agency will rank the Respondents in the order that they provide the overall “best value” to the Agency based on an evaluation of the responses to the RFP. The Agency may interview one or more of the top ranked Respondents as part of the evaluation process.

http://www.txsmartbuy.com/esbd

Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 14 of 41

The Respondent selected will be the one whose experience and qualifications, as presented in response to this RFP, establish them, in the opinion of the Agency, as well qualified and offering the greatest benefits, experience and value to the Agency. The Agency may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should the Agency determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation, and the Respondent’s proposal as negotiated.

After proposal tabulation and such investigation of Respondents as the Agency deems appropriate, an award or perhaps multiple awards may be made to the Respondent(s) whose proposal(s) it judges to represent the best value to the Agency. Final determination for award of the contract or contracts will be made on the overall best value to the Agency. The Agency reserves the right to reject any or all proposals. No award will be made until the Agency is fully satisfied that the Respondent is professionally, financially, and otherwise competent and capable of entering into a long-term lease and/or operating agreement and comply with the conditions specified in the lease and/or operating agreement.

By submitting a proposal, Respondent acknowledges and accepts [a] the evaluation process, [b] the evaluation factors listed in Section 3.7.2 – Evaluation Criteria & Points, [c] the scope of this engagement (See Section 1.4), [d] the terms and conditions of the agreement (See Section 4), [e] all other requirements and specifications set forth in this RFP, and [f] that some subjective judgements must be made by the Agency during this RFP process.

The selection of the successful proposal may be made by the Agency based on the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by the Agency based on negotiation with any of the Respondents.

The Agency shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of the RFP, the Agency alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

The Agency will perform reference checks and seek further information, as needed from all Respondents whose proposals the Agency, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes the Agency to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to the Agency. Respondent shall, and hereby does, release and hold harmless the Agency, the State of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

The Agency reserves the right to reject any or all proposals and re-solicit for new proposals, or to reject any or all proposals and temporarily or permanently abandon the project. The Agency makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 15 of 41

Should the Agency be unable to agree on final agreement terms and conditions with the highest ranked Proposer, an Agency representative may then negotiate with the second-ranked Proposer or may reissue the same or modified version of this RFP. The Agency reserves the right to reject any and all proposals.

3.7.2 Evaluation Criteria & Points

Each proposal shall be evaluated on the ability to meet the Agency’s minimum requirements set forth in this RFP and to provide the best value to the Agency. Proposals shall be evaluated by assigning points to each of the Evaluation Criteria shown below.

Criteria Possible Points Respondent’s compliance with the terms, conditions, and specifications of the RFP. Respondent’s ability to meet and/or exceed the requirements, including their ability to enhance the Agency’s sponsored research activities.

Respondent’s financial condition, experience, and references, which demonstrate to the Agency’s satisfaction the expertise and past performance of the Respondent.

Compensation offered 25

Consideration may also be given to any additional written information and comments that may serve to clarify the proposal information to the Agency.

3.8 Vendor Setup Form

The Agency requires all Respondents and individuals (not employees or students) to have a Substitute W-9 and Direct Deposit form on file. This form is needed for IRS compliance. The form can be found at:

https://aggiebuy.tamu.edu/vendor-resources.html. Completed forms should be submitted according to the instructions provided on the form.

3.9 Insurance

3.9.1 The Seller shall not commence work until all of the insurance specified in Appendix A has been obtained and certificates of such insurance in force have been filed with, and accepted by, the Agency. Insurance coverage shall provide for a thirty (30) days notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance in force must include a notice that the policy, or policies, do contain this provision. Acceptance of insurance certificates by the Agency shall not relieve or decrease the liability of the Seller. Unless otherwise specified, the seller shall provide and maintain insurance coverage, until the work included in this RFP is completed and accepted by the Agency.

3.9.2 Certificates of insurance must be delivered to:

MAIL (USPS) TO: HAND DELIVERY AND/OR EXPRESS

MAIL TO:

Texas A&M AgriLife Administrative Services Procurement Office

2147 TAMU

College Station, TX 77843-2147

Texas A&M AgriLife Administrative Services Procurement Office

578 John Kimbrough Blvd., Room #419 College Station, TX 77843-2147

3.9.3 By submitting a proposal in response to this RFP, Proposer acknowledges and affirms these insurance requirements are understood, and Proposer will provide such insurance as required herein if awarded a contract resulting from this RFP.

https://aggiebuy.tamu.edu/vendor-resources.html

Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 16 of 41

3.10 Contract Administration

Upon award and execution of an agreement or contract, administration of such agreement or contract will be by a Texas A&M AgriLife Contract Administrator. All issues relating to the agreement or contract including, but not limited to, contract changes or modifications, Contractor performance, contract renewals, cancellation, and disputes will be handled by the Texas A&M AgriLife Contract Administrator. Contractor will coordinate with the Texas A&M AgriLife Contract Administrator on all issues related to the agreement or contract.

The Texas A&M AgriLife Contract Administrator will be Chris Chamberlain, or his designee. Contact information is as follows:

Texas A&M AgriLife Administrative Services Procurement Office Attn: Chris Chamberlain

2147 TAMU

College Station, TX 77843-2147 Phone: 979-314-5830

Email: cchamberlain@tamu.edu

3.11 Project Management

The project will be managed by a Texas A&M AgriLife Project Manager. The Project Manager will coordinate and schedule all work with the Contractor. The Project Manager will be the point of contact for all project information and direction. The Project Manager will manage timetables, process payment requests for goods and services received, coordinate with Contractor on problems and issues to ensure they are resolved quickly, and keep the Texas A&M AgriLife Contract Administrator informed on the status of the project. All goods and services supplied by the Contractor for this project must be reviewed and accepted by the Project Manager.

The Texas A&M AgriLife Project Manager will be Mr. Stephen Cisneros, or his designee. Contact information is as follows:

Texas A&M AgriLife Research Attn. Stephen Cisneros 600 John Kimbrough Boulevard, Suite 512 College Station, TX 77843-2142 Email: stephen.cisneros@ag.tamu.edu

3.12 Terms & Conditions

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the TAMUS Office of General Counsel are essential prior to the award of the lease and/or operating agreement. In the event the Respondent does not supply terms and conditions with their submittal, the Agency terms and conditions will govern this transaction.

The Agency reserves the right to reject proposals which require a separate agreement to be executed in lieu of this RFP.

mailto:stephen.cisneros@ag.tamu.edu

Texas A&M AgriLife Research RFP #556-24-1 Lease and/or Operating Agreement – Electron Beam Processing Facility Page 17 of 41

SECTION 4

GENERAL TERMS & CONDITIONS

4.1 General

4.1.1 These General Terms and Conditions shall be made a part of and govern any agreement/purchase order resulting from this RFP.

4.1.2 Each response should be prepared simply and economically, providing a straightforward and concise description of Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the proposal requirements.

4.1.3 The Agency reserves the right to accept or reject any or all proposals, to waive informalities and technicalities, and to accept the proposal considered most advantageous and award based on “best value”. Additionally, all Proposers are hereby notified that the Agency shall consider all factors it believes to be relevant in the determination of the “best value” including, but not limited to, compensation, past experience, references, the extent to which the proposal meets the Agency’s needs, length of contract term, and any other factor that a private business entity would consider in selecting a supplier. The Agency’s decision is final.

4.1.4 Proposals are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

4.1.5 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the Agency.

4.1.6 Proposers electing to respond to this RFP are responsible for all costs incurred by Proposer for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost.

The Agency is not liable for any cost incurred by Proposer.

4.1.7 The Proposer agrees to protect the State of Texas and the Agency from claims involving infringement of patents or copyrights.

4.1.8 The Proposer hereby assigns to the Agency, any and all claims for overcharges associated with any contract resulting from this RFP that arise under the antitrust laws of the United States 15 U.S.C.A.

Section 1, et seq. (1973) and that arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

4.1.9 No substitutions or cancellations permitted without written approval by the Agency.

4.1.10 Upon award, agreement shall be effective as stated unless Seller obtains approval from the Agency for late delivery. Delivery may be a factor in award.

4.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal.

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

4.1.13 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted or filed in response to this RFP.