ESBD_File_356073_RFP 2024-1092 Fire Suppression and Related Services.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

2:00 PM Central, 5/16/2024

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1092

Fire Suppression and Related Services https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP for Fire Suppression and Related Services

Rev. February 1, 2022 Page 2 of 18

TABLE OF CONTENTS

SECTION 1: SCOPE OF WORK

1.1 Objectives

1.2 Project Details

1.3 Alternate Proposals

SECTION 2: PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

2.2 Future State

2.3 Proposal Submittal Requirements

SECTION 3: EVALUATION PROCEDURES

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

3.11 Not Exclusive

SECTION 4: ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact

4.2 Event Information

4.3 Term of Award

4.4 Historically Underutilized Business ("HUB") Firms

4.5 HUB Subcontracting Plan

4.6 Uniform General Conditions

4.7 Right to Modify, Rescind, or Revoke the RFP

4.8 Signature and Certification of Proposer

4.9 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents' Rules, and TTU Operating Policies and Procedures

4.10 Compliance with RFP Requirements

4.11 Right of Rejection

4.12 Binding Effect of Proposal

4.13 Use and Disclosure of Information

4.14 Group Purchase Authority

4.15 E-commerce

4.16 Withdrawal or Modification

4.17 Risk of Loss, Damage, or Delay

4.18 Digital Signature

4.19 Insurance Requirements

4.20 Compensation and Fees

4.21 Invoicing and Payment

APPENDIX A: DEFINITIONS

Rev. February 1, 2022 Page 3 of 18

SECTION 1

SCOPE OF WORK

1.1 Objectives

TTU is seeking a Proposer(s) to provide material, tools, insurance, equipment, labor, travel, expertise, permits, licenses, and certifications as necessary for the maintenance, testing, inspection, repair, certification, and, if necessary, replacement of existing fire suppression systems or any TTU-planned or necessary fire suppression system during the life of the agreement. Services may include but are not limited to: installing and maintaining various automated fire extinguishing systems, providing expertise and insight into industry standards and advances, providing certification and testing services for pumps and suppression systems that satisfy the requirements of both Federal and State statutes and standards imposed by TTU, and responding to immediate or emergent needs as dictated by the proper TTU personnel. Any upgrade or replacement of existing system(s), or entire new system(s) to be installed, will be at TTU’s discretion and at TTU’s request.

1.2 Project Details

TTU currently maintains 138 facilities with full or partial fire suppression systems in place that require maintenance, potential upgrades, and/or potential retrofitting or demolition and installation of entirely new systems. Upon request, Proposer(s) shall be able to provide a maintenance schedule to ensure the long life of existing equipment and be able to provide the necessary maintenance requirements outside of scheduled maintenance should the need arise. A list of buildings and suppression system components is detailed in Exhibit A.

In coordination with proper TTU personnel, the Proposer(s) shall facilitate the upgrading of existing system components to meet the current industry standards or in accordance with the needs of the TTU facility. On occasion, and at the request of TTU, entirely new systems may be installed. This may include the removal of existing system components or installation in new construction. A supplemental agreement may be needed for upgrade and installation projects as deemed necessary by Procurement Services.

1.3 Alternate Proposals

TTU may consider alternate Proposals submitted by Proposer that expand or differ from these Specifications.

Proposers submitting alternate Proposals should (i) clearly identify any exceptions taken to the Specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. The Proposer may suggest additions to the Specifications set forth in this RFP, and all such suggestions must be clearly defined. Alternate Proposals should be submitted as attachments to the Proposal. Alternate Proposals shall meet the same mandatory requirements and shall be in the same format as the Proposal’s base format.

Rev. February 1, 2022 Page 4 of 18

SECTION 2

PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

2.1.1 Proposer(s) must have and maintain a valid and current Fire Sprinkler Certificate of Registration and maintain at least one full-time licensed responsible managing employee per §6003.153, Insurance Code.

2.1.2 The Registration Certificate Number of the fire protection sprinkler system contractor must be prominently displayed on any bid or drawing for installation services per §6003.155, Insurance Code.

2.1.3 Provide at least three (3) references for projects or contracts that show sufficient operations on a scale similar to TTU.

2.1.4 Proposer(s) will provide a pricing schedule for maintenance, testing, system and component upgrades, and new installations that includes the hourly labor rate for individual services.

2.1.5 Proposer(s) must be able to provide emergency repair and maintenance Services within two (2) hours after requested by TTU.

2.1.6 Proposer(s) must maintain sufficient resources/staff with the relevant skills for requested projects.

2.1.7 Criminal background checks are required at the Proposer(s)’s expense for employees/technicians performing work on the TTU campus.

2.2 Future State

2.2.1 Upgrades and installations of new or existing systems shall be accompanied by detailed drawings and designs as well as proposals and/or quotes from the Proposer(s) that clearly define the cost of all labor and material used.

2.2.2 Proposer(s) shall provide industry expertise and coordinate with TTU Operations Division to propose upgrades and alterations to facility systems.

2.2.3 All designs and components shall adhere to the standards set by Local, State, Federal, and TTU-governing entities and shall be adjusted, as necessary, to meet or exceed new standards as they are implemented throughout the life of the agreement.

2.2.4 Systems and system components that are tested and certified shall retain such certification for Local, State, Federal, and/or TTU compliance.

2.2.5 Proposer(s) shall coordinate with the TTU Operations Division for locations, placement, and dimensions of new and existing fire suppression components.

2.2.6 Proposer(s) shall install any equipment or fire suppression component in accordance with the best industry practices and in a manner that maintains both system and building compliance standards.

2.3 Proposal Submittal Requirements

2.3.1 By submitting a Proposal, the Proposer(s) certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Goods or Services to be provided, and the conditions under which the Goods or Services are to be performed. The Proposer(s) also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for Award by TTU, the Proposer(s) will notify TTU immediately of any material change in any matters about which the Proposer(s) has made a statement or representation or provided information.

https://statutes.capitol.texas.gov/Docs/IN/htm/IN.6003.htm https://statutes.capitol.texas.gov/Docs/IN/htm/IN.6003.htm

Rev. February 1, 2022 Page 5 of 18

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

2.3.2 Submittal Instructions for TechBid Proposals

TTU requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events. TTU recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

1. Proposer’s Response Form

2. Attachment A - Pricing Schedule

3. HUB Subcontracting Plan Commitment Letter (Example provided as Attachment B)

4. Signed Affirmation and Conflict of Interest https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

Rev. February 1, 2022 Page 6 of 18

SECTION 3

EVALUATION PROCEDURES

3.1 Evaluation Process

TTU will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTU, and the judgment in this regard shall be considered final.

Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to TTU.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTU may consider:

1. The purchase price;

2. The reputation of the Contractor and of the Contractor’s Goods or Services;

3. The quality of the Contractor’s Goods or Services;

4. The extent to which the Goods or Services meet the TTU’s needs;

5. The Contractor’s past relationship with TTU;

6. The impact on the ability of TTU to comply with laws and rules relating to Historically Underutilized Businesses and to the Procurement of Goods or Services from persons with disabilities;

7. The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

8. Any other relevant factor that a private business entity would consider in selecting a Contractor; and

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

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that some subjective judgments must be made by TTU during the awarding of evaluation criteria points.

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTU’s requirements and provide the Best Value to TTU. The Proposal shall be awarded points to each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points Allowed

Criteria 1: Financial Value - Financial costs and/or benefits to the University

• Cost of Goods and/or Services

• Cost of ongoing maintenance, service agreements, licenses, or support

• Warranties

• Shipping/delivery/import costs

• Installation costs and/or implementation fees

• Donated Goods and Services

• Sponsorships/scholarships/non-monetary contributions contributed by the proposer

• Other financial consideration

35%

Criteria 2: Demonstrated ability of the Proposer to fulfill the TTUS’ requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Reporting capabilities

• Compliance with IT requirements include accessibility, security, integration, and

TxRamp requirements.

35%

Rev. February 1, 2022 Page 7 of 18

• Project Schedules/estimated time to perform Services or installation time

• Quality, availability, and adaptability or Proposer’s supplies, materials, and equipment

• Stability and success of the Proposer’s business including but not limited to:

o Qualifications of key personnel (based on resumes and experience provided) o Past performance on similar projects (based on references and publicly available information) o Length of time the business has been operational o Demonstrated capability and financial resources to perform the Services or provide the Goods in the time projected o Pending or past legal proceedings

Criteria 3: Value Added Options

• Ability to provide innovative ideas/resources for TTUS process improvement

• Minimization of TTUS resource use

15%

Criteria 4: Quality assurance plan and control measures implemented and maintained by the Contractor

• Methodology for performing Services and project planning

• Customer Service Program

• Ability to comply with Texas laws

10%

Criteria 5: The Proposer’s ability to comply with laws and rules relating to Historically Underutilized Businesses and to the Procurement of Goods and Services from persons with disabilities.

5%

TOTAL 100%

3.4 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0-10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

3.5 Consideration of Additional Information

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

3.6 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.7 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to Award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, Rev. February 1, 2022 Page 8 of 18 without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at TTU’s sole option and discretion, TTU may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.8 Best and Final Offer

When deemed appropriate by the Contract Review Team, after the submission of Proposals but before the final selection of the successful Proposal(s), TTU may permit Proposers to revise their Proposals in order for TTU to obtain a best and final offer. TTU is not bound to accept the best and final offer if it does not represent the Best Value to TTU as determined by the Contract Review Team.

3.9 Protest Procedures

Any actual or prospective Proposer or Contractor who believes they have been aggrieved in connection with the Solicitation, evaluation, or Award of a Contract may formally protest to the Chief Procurement Officer.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

3.10 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, and a written Contract (if applicable).

When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents.

3.11 Not Exclusive

Contractor acknowledges and agrees that the Contract with TTU is non-exclusive and TTU has the right to engage with other contractors for similar or identical scopes of work, and to purchase similar or identical Services from other contractors. Any term or provision in the Contractor Terms indicating the Contract is exclusive is expressly rejected and is null and void.

http://www.depts.ttu.edu/procurement/forms/documents/vendors/protest-procedures-2018.pdf

Rev. February 1, 2022 Page 9 of 18

SECTION 4

ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact ("Primary Contact")

Andrew Jaco Solicitations.purchasing@ttu.edu Texas Tech University TTU Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

4.1.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer(s) to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTU Primary Contact.

4.1.2 Except as provided in this RFP (e.g ., designated Point of Contact) and as otherwise necessary for the conduct of existing TTU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTU personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that TTU determines is contrary to the prohibitions outlined in this section, TTU may, at its sole discretion, disqualify the Proposer(s) and remove the Proposal from consideration.

4.2 Event Information

4.2.1 Schedule of Events

TTU intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP Thursday, April 11, 2024 2:00 PM Central

Deadline for Submission of Written Questions Thursday, April 25, 2024 2:00 PM

Central

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date Thursday, May 16, 2024 2:00 PM Central

Online Proposal Opening Thursday, May 16, 2024 2:00 PM Central TEAMS LINK

Evaluation of Proposals May 16 – June 6

Award Recommendation June 6, 2024 mailto:Solicitations.purchasing@ttu.edu https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech mailto:solicitations.purchasing@ttu.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGFmMmE3OWUtYTczMi00YmE5LWIyZjgtM2FlMjY0MWNlZmYz%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%22678f0562-66a0-4b00-8ea6-9eb3de58d58b%22%7d

Rev. February 1, 2022 Page 10 of 18

* All dates are tentative and subject to change.

4.2.2 Online Proposal Opening

i. A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section 4.2.1 Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

ii. For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

iii. In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

4.3 Term of Award

The maximum term for an awarded Contract under this RFP is anticipated to begin on the date of the last signature and to expire four (4) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to four (4) one (1) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days prior to the end of the initial or then-current renewal term.

The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed five (5) years total term with renewals.

4.4 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Goods or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas Legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

4.5 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are subcontracting opportunities in the performance of the Scope of Work of this Solicitation, and/or any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. The Proposer must include a completed HSP, and any supporting documentation required per the HSP (e.g., proof of Good Faith Effort) with the Proposal submission. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php

Rev. February 1, 2022 Page 11 of 18

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the HSP, failure to submit already-existing evidence that three HUBs were contacted), TTU may contact the Proposer for clarification to the HSP if it contains sufficient evidence that the Proposer developed and submitted the HSP in good faith. Failure to submit an HSP in accordance with this section will result in disqualification of the Proposal.

4.5.1 HSP Resources

i. HSP preparation assistance: solicitations.purchasing@ttu.edu.

ii. Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

iii. State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

4.5.2 TTU’s FY 2024 HUB Goals are:

16.86% for all building construction, including general contractors and operative builders' contracts;

15.10% for all other services contracts

4.6 Uniform General Conditions

Capitalized terms are as defined in the Uniform General Conditions and Supplemental General Conditions, (references in this Contract to the Uniform General Conditions and Supplemental General Conditions are to the Uniform General Conditions and the Supplementary General Conditions (revised 11/30/2022:

https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_11-30-2022.pdf).

4.7 Right to Modify, Rescind, or Revoke the RFP

TTU reserves the right to modify, revoke, or cancel this RFP, in whole or in part, at any time before the date on which TTU executes a Contract with the selected Proposer(s).

4.8 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

4.9 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and

TTU Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

4.10 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TTU’s General Terms and Conditions contained in the RFP, as well as the TTU Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTU. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, TTU, at its sole discretion, may review and, if deemed in TTU’s best interest, disqualify the Proposal from consideration.

4.11 Right of Rejection

http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_11-30-2022.pdf http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 1, 2022 Page 12 of 18

4.11.1 This RFP does not commit TTU to select a Proposer or to Award a Contract to any Proposer. TTU reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

4.11.2 A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Proposer from future TTU Solicitations.

4.11.3 TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this RFP, any Proposer who has submitted a Proposal may elect to resubmit the original Proposal.

4.11.4 TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

4.12 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Assistant Vice President/Chief Procurement Officer, or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for Goods or Services. Proposals shall be valid for TTU’s acceptance for a minimum of two hundred and seventy (270) days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

4.13 Use and Disclosure of Information

4.13.1 Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the

(a) evaluation of Proposals, (b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

4.13.2 If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion may declare the Proposal non-responsive and reject it.

4.13.3 By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

4.13.4 TTU reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

4.14 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. February 1, 2022 Page 13 of 18 should also note that TTU may procure Goods or Services for itself or on behalf of any TTU System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

4.15 E-commerce

TTU utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTU requirements for participating in electronic commerce.

4.16 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Assistant Vice President/Chief Procurement Officer. However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTU.

4.17 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at TTU, as detailed in this RFP.

4.18 Digital Signature

Proposers must sign documents and correspondence using software approved by the TTU. To be approved by TTU, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. TTU utilizes Adobe Sign for its signature process. TTU will support other digital signature platforms as long as they comply with this policy.

4.19 Insurance & Bond Requirements

4.19.1 Payment Bonds will be required for any project that meets or exceeds $25,000.00.

4.19.2 Performance Bonds will be required for any project that meets or exceeds $100,000.00.

4.19.3 Consistent with its status as an independent contractor, Proposer will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

4.19.4 TTU in no way warrants that these limits are sufficient to protect the Proposer from liabilities that might arise out of the performance of the Scope of Work. The Proposer will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Proposer is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTU maintains.

4.19.5 The Proposer agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability

Rev. February 1, 2022 Page 14 of 18

Workers Compensation (Coverage A) Statutory Employer’s Liability (Coverage B) $1,000,000 Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles) Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

4.19.6 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

i. If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

ii. Proposer will name TTU, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

iii. The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

4.19.7 Additional Insured, Subrogation

4.19.8 All policies must include a waiver of subrogation favoring TTU. With the exception of the Workers' Compensation policy, TTU must be an additional insured on all policies.

4.19.9 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Proposer shall furnish Procurement Services with certificates of insurance in a form acceptable to TTU, certifying that the Proposer carries the required insurance policies and coverage. The certificates shall be sent to Procurement Services at procurement.insurance@ttu.edu. Failure of TTU to request such certificates does not eliminate the requirement for the Proposer to maintain the required coverage.

4.19.10 Notification of Cancellation

The Proposer will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Proposer receives notice of modification or cancellation of any of the policies required under any Proposer, then prior to the effective date of modification or cancellation of the policy, the Proposer will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTU. If the Proposer fails to obtain such an insurance policy, TTU may immediately terminate the Contract after providing the Proposer with notice of such termination.

4.20 Compensation and Fees

4.20.1 Provide a detailed compensation schedule for the materials provided or Services to be performed in response to this RFP. Proposed pricing will apply to every TTU project and cannot be limited to select projects.

Proposer(s) shall submit a schedule that clearly details the various compensation amounts and fees that will mailto:procurement.insurance@ttu.edu

Rev. February 1, 2022 Page 15 of 18 apply if the Proposer is awarded a Contract with TTU. TTU will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

4.20.2 Contract Pricing: Contract prices for materials or Services can be adjusted annually on the anniversary of execution date of any contract that is awarded from this RFP.

i. In addition to annual price adjustments, additional adjustments can made by the awarded Proposer(s), with the approval of Procurement Services, as necessary due to unforeseen burden on the Proposer as evident in a substantial increase in the Consumer Price Index for Urban and Clerical Workers (CPI-W). A substantial increase is defined in this RFP as an increase that meets or exceeds 5% in the CPI-W as calculated by the formula in Section 4.20.2, ii.

ii. The formula for determining the amount of escalation allowable in any given Agreement year must be: Unadjusted Indexes for Current Year – Unadjusted Indexes for Previous Year = Percent of Escalation Allowed. The Agreement prices for Services would be the prices in effect for the previous year of the master Agreement increased by the “Percent of Escalation Allowed.”

4.20.3 Liquidated Damages: Failure to achieve Substantial Completion and Final Completion within the Contract Time as otherwise agreed to in writing will cause damage to Owner and may subject Proposer to liquidated damages as provided in the Contract. If Proposer fails to achieve Final Completion within thirty (30) calendar days after Substantial Completion or a written, mutually agreed upon longer period of time between Proposer and TTU, Proposer shall be responsible for Owner’s additional inspection, project management, and maintenance cost to the extent caused by Proposer’s failure to achieve Final Completion. The Contract Time can be modified only by Change Order.

4.21 Invoicing and Payment

4.21.1 Proposer(s) shall submit invoices by electronic means to TTU Payment Strategies

(payment.strategies@ttu.edu).

4.21.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid TTU Purchase Order number, or the invoice will be returned as non-compliant. No commitment for materials or Services is valid without a TTU Purchase Order.

4.21.3 Proposer(s) may submit a Proposal for a prompt payment discount.

4.21.4 TTU has established the following payment schedule for invoices based on the payment option chosen by the Proposer:

i. Automated Clearing House (“ACH”) transaction

ii. Single-Use Account (“SUA”) card (JP Morgan)

* If TTU is making payment on funds appropriated by the State of Texas, the payment term is net thirty (30) as required by law. TTU will submit an electronic check remittance to the email address on record for all ACH and SUA payments.

mailto:payment.services@ttu.edu

Rev. February 1, 2022 Page 16 of 18

APPENDIX A

DEFINITIONS

Addendum: A written change, addition, alteration, correction, or revision to a Solicitation document or a Contract.

Amendment: An agreed addition to, deletion from, correction, or modification of a Contract signed by all authorized parties. An Amendment may include renewal or extension of a Contract.

Assignment: An authorized legal transfer of contractual rights from one party to another party.

Award: The act of accepting a Bid, Proposal, or Offer, thereby resulting in a Contract or Purchase Order between TTU and the Contractor.

Best Value: The factors to be considered in determining the best overall value for TTU per Texas Education Code §51.9335(b).

Comptroller: The Texas Comptroller of Public Accounts.

Conflict of Interest: A Conflict of Interest refers to a situation in which an employee's financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of influencing, the TTU employee's judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to TTU (see TTU OP 10.20).

Contract: A legally binding written agreement executed between TTU and a second party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to, letter agreements, cooperative agreements, memorandums of understanding ("MOU"), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders (see Regents’ Rules Chapter 07).

Contract Administration: Following the contract award, the TTU requesting department-level actions to oversee full compliance with all of the terms and conditions contained within a Contract.

Contract Administrator: The Contract Administrator is the department-level individual responsible for adherence to all provisions contained within a Contract and for managing the performance of the Contract.

Contract Close-out: The process conducted upon completion of the Contract during which the Contract Administrator confirms and documents compliance with the terms and conditions of the Contract, final deliverables are received, and outstanding payments processed.

Contract Management: The complete contract process from planning through Contract close-out.

Contract Review Team: A team comprised of such members as the Contract Manager, the Contract Administrator, and, as needed, cross-functional members such as subject matter experts, information technology, risk management, legal, and price/cost analysts. The size and the members of the team are dependent on the nature and complexity of the project.

Contractor: An entity or individual contracted to provide Goods or Services to TTU. For this RFP, Contractor is used interchangeably with the term “Proposer.” In some instances, the Contractor may be referred to as the supplier.

Escalation Clause: A provision in a Contract that allows for increasing or decreasing the Contract price for Goods or Services in step with market prices, an agreed-upon benchmark such as the consumer price index (“CPI”), or when maintenance and operating costs increase or decrease.

Fiscal Year (“FY”): The twelve (12) month period starting September 1 and closing on August 31 that is consistent with the State’s annual budget.

Goods: Includes salable or usable items such as supplies, materials, merchandise, consumables, commodities, solutions, manufactured items, or equipment. Goods do not include Services or real property.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.depts.ttu.edu/opmanual/OP10.20.pdf http://www.depts.ttu.edu/oppol/Chapter07.pdf

Rev. February 1, 2022 Page 17 of 18

Liquidated Damages: A specified Contract provision that entitles TTU to demand a set monetary amount determined to be a reasonable estimate of damages TTU will incur due to the Contractor’s failure to meet Contract requirements.

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

Originating Department: The TTU department from which a Solicitation or Procurement request originates and is responsible for the Contract Administration.

Payment Bond: A bond solely for the protection and use of Payment Bond beneficiaries who have a direct contractual relationship with the prime Contractor or a Subcontractor to supply labor or material.

Performance Bond: An instrument executed, subsequent to award, by a successful Proposer or Bidder that protects an Institution from loss due to the Contractor’s inability to complete the Contract as agreed.

Procurement (“Procure”): Purchasing, renting, leasing, or otherwise acquiring any Goods or Services, including all functions that pertain to the acquisition through Contract Close-out.

Proposal: A Response to a Request for Proposals (“RFP”) and intended to be used as a basis to negotiate a Contract award.

Proposal Opening: The public opening of Proposals, in which the names of the Proposers to a Solicitation are publicly read and recorded. No prices are divulged at a Proposal Opening as these types of Solicitations are subject to Negotiations.

Proposer: An entity submitting a Proposal to a Request for Proposal. The term includes anyone authorized to act on behalf of the individual or other entity that submits a Proposal, such as agents, employees, and representatives.

Purchase Order: A legal document issued to the Contractor used to formalize the terms and conditions of any purchase of Goods or Services.

Regents’ Rules: Rules established by the TTU System Board of Regents that govern all TTUS component Institutions. http://www.texastech.edu/board-of-regents/regents-rules.php

Renewal: The process where an existing Contract is renewed for an additional period per the terms and conditions of the original Contract.

Request for Proposal (“RFP”): A Solicitation requesting submittal of a Proposal in response to the required Specifications and usually includes some form of a cost Proposal. The RFP process allows for Negotiations between a Proposer and the issuing Institution.

Responsible: A Proposer who is fully capable of meeting all of the financial and technical requirements of a Solicitation and any subsequent Contract.

Responsive: The Proposer has complied with all material aspects of the Solicitation, including submission of all required documents in accordance with the Specifications.

Scope of Work (or “SOW”): A detailed, written description of the conceptual requirements contained within the Specifications.

Scoring Matrix: A chart used to document the evaluation criteria of a Proposal.

Service(s): The furnishing of labor, time, and effort by a Contractor or auxiliary enterprise, including a construction project, which may involve, to a lesser degree, the delivery or supply of Goods.

Solicitation: A method or process used to obtain Responses for the purpose of gathering information or entering http://www.texastech.edu/board-of-regents/regents-rules.php

Rev. February 1, 2022 Page 18 of 18 into a Contract.

Solicitation Conference: A meeting chaired by the Procurement Services Office designed to help potential Proposers understand the requirements of a Solicitation. It may also be known as a Pre-proposal Conference.

Specification(s): Description of the requirements for Goods or Services, including the Scope of Work, to be fulfilled by a Contractor.

State: The State of Texas.

Statute: A law enacted by a legislature.

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

TTUS: The Texas Tech University System and shall include the component institutions Texas Tech University, Texas Tech University Health Sciences Center, Texas Tech University Health Sciences Center El Paso, Angelo State University, and Midwestern State University.

TechBid: TTU’s online system Procurement notification and submittal system.

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