ESBD_File_356086_ITB GENERATOR-2024.pdf

INVITATION TO BID

FAILURE TO SIGN WILL DISQUALIFY BID Bid No. ITB - #GENERATOR-2024

Due Date: May 3, 2024 at 3:00 P.M.

Signature City Zip Show bid opening and bid invitation number in lower left-hand corner of sealed bid envelope and return sealed bids to:

Printed Name

VENDOR NAME AND ADDRESS

PHONE/FAX

Email to: bids@sfasu.edu

Phone (936) 468-2206

FAX (936) 468-4282

(See 2.3 reverse side)

Name of Firm

Phone

Mailing Address

FAX

City State Zip

EMAIL

See Instruction 2.11 on Back for Vendor ID Number Is Vendor a State of Texas certified HUB? Yes

Delivery in ______ Days Cash Disc. _______ % ______ Days

Check all that apply if Preference Claimed under Rule 34 TAC 20.38 __ Products of persons with mental or physical disabilities __ Supplies, materials or equipment: produced in TX/offered by TX bidders*

__ Products made of recycled, remanufactured, or environmentally sensitive materials

__ Agricultural products grown in TX __ Energy efficient products __ Agricultural products offered by TX bidders* __ Rubberized asphalt paving material __ USA produced supplies, materials or equipment __ Recycled motor oil and lubricants __ Products produced at facilities located on formerly contaminated property

__ Products and services from economically depressed or blighted areas

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas resident Bidder as defined in Rule 34 TAC 20.38.

IF QUOTING OTHER THAN THE REFERENCED ITEM(S) BELOW, BROCHURE AND/OR SPECIFICATIONS SHOULD BE

ENCLOSED. ALL BIDS WILL BE CONSIDERED F.O.B. DESTINATION UNLESS OTHERWISE NOTED.

AWARD NOTICE: Stephen F. Austin State University (SFA) reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of SFA and to reject any and all bid items in the sole discretion of SFA.

Item No.

Description Qty. & Unit Unit Price Extension

Quote price on quantity and unit of measure, extend and show total. If error in extension, unit price shall govern.

Items for state use are exempt from state sales and federal excise tax. Do not include tax in your bid.

Stephen F. Austin State University is seeking bids for the purchase of a 100kw diesel generator for the Poultry Farm located at 442 County Road 123 Nacogdoches, TX 75965.

Must provide all the materials, equipment, tools, labor, supervision and insurance. Note: Must include a 1-year warranty on the generator.

INFORMATION ON EXISTING UNIT

KOHLER 100kw Diesel Generator with KOHLER Power System

– Transfer Switch. Fuel station located on site.

(Images included in Exhibit C to allow for accurate pricing.)

NOTE

If vendor equipment is not compatible with existing equipment (i.e., Transfer switch) updated equipment should be noted and included in lot pricing for project.

1 lot mailto:bids@sfasu.edu

STEPHEN F. AUSTIN STATE UNIVERSITY

Invitation To Bid # GENERATOR-2024

Continuation Page

DELIVERY INFORMATION

Expected completion date: July 1, 2024.

CAMPUS MAP

See Exhibit A

SMOKING, VAPING, AND USE OF TOBACCO PRODUCTS

Stephen F. Austin State University is a tobacco and vape free campus.

PARKING ON CAMPUS

All vehicles parked on the University campus must properly display a valid parking permit and comply with all University parking rules. The Parking and Traffic Office supervises and coordinates all parking transportation and traffic related functions on the campus. Permits expire each August 31.

Contractor shall be responsible for obtaining parking permits from the Parking and Traffic Office and for resolving, should they arise, any parking regulation disputes and violations. The Parking and Traffic Office telephone number is 936-468-7275.

INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and certificates of such insurance have been filed with and reviewed by SFASU. Acceptance of the insurance certificates by SFASU shall not relieve or decrease the liability of the Contractor.

If policies are not written for the amounts specified below (except Worker’s Compensation and Employer’s Liability), Contractor shall carry Excess Liability insurance for any difference in amounts specified. If Excess Liability insurance is provided, it shall follow the form of primary policy.

This insurance shall not be canceled, limited in scope of coverage, or non-renewed until after thirty (30) days prior written notice, or ten (10) days for non-payment of premium, has been given to the University.

Contractor’s insurance shall be deemed primary with respect to any insurance carried by Stephen F. Austin State University for liability arising out of operations under this Contract.

Stephen F. Austin State University, its officials, directors, employees, representatives and volunteers shall be named as additional insured. This is not applicable to the workers’ compensation policy.

The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the University.

The workers’ compensation insurance coverage must include the responsibility of the Contractor to provide coverage for every worker either under the Contractor’s policy or under the policy provided by a subcontractor. The Contractor’s policy shall provide that, in the event that a subcontractor’s policy fails to

STEPHEN F. AUSTIN STATE UNIVERSITY

Invitation To Bid # GENERATOR-2024

Continuation Page provide worker’s compensation coverage of a worker, that such insurance coverage is provided by the Contractor’s policy

Unless otherwise provided for herein, the Contractor shall provide and maintain, until the Work covered in this Contract is completed and accepted by SFASU, the minimum insurance coverage as follows:

TYPE OF COVERAGE LIMITS OF LIABILITY

1. Workers’ Compensation Coverage OR Employer’s Liability with $1,000,000 each occur/aggregate

2. Comprehensive General Liability

a. $1,000,000 each occur

b. $2,000,000 general aggregate

c. $2,000,000 products/

3. Comprehensive Automobile Liability $1,000,000 combined single limit

ADDITIONAL TERMS AND CONDITIONS

https://www.sfasu.edu/purchasing/images/PO_TandC_07-18- 22.pdf

CONTACT INFORMATION

Questions relating to the solicitation document, or the response may be directed to Contracting Specialist, Lacey Bradshaw, 936- 468-4412, Lacey.Bradshaw@sfasu.edu.

REQUIRED SUBMITTALS

1) Signed Invitation to Bid

2) Non-Collusion Affidavit – Exhibit B

3) Acknowledgement of Addenda (if any)

4) Certificate of Insurance

BID OPENING

All bids are due back on Friday, May 3, 2024 at 3 pm. Bids must be sent via email to bids@sfasu.edu.

https://www.sfasu.edu/purchasing/images/PO_TandC_07-18-22.pdf https://www.sfasu.edu/purchasing/images/PO_TandC_07-18-22.pdf mailto:Lacey.Bradshaw@sfasu.edu

Revision 01/2020

ITEMS BELOW APPLY TO AND BECOME PART OF TERMS AND CONDITIONS OF QUOTATIONS.

ANY EXCEPTIONS THERETO MUST BE IN WRITING AND SUBMITTED WITH INVITATION TO BID.

1. BIDDER AFFIRMATIONS: Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts. By signature hereon affixed, the bidder hereby certifies that:

1.1 The bidder has not given, offered to give, nor

intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

1.2 The bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal antitrust laws nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

1.3 Pursuant to Texas Government Code, Section

2155.004(a), the bidder has not received compensation for participation in the preparation of the specifications for this solicitation.

1.4 If applicable, pursuant to Section 231.006 of

the Texas Family Code (relating to child support) the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any bidder subject to Section 231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award.

1.5 Pursuant to Texas Government Code, Section

2155.004(b), the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

1.6 Bidder agrees that pursuant to Section

2107.008 and 2252.903, Texas Government Code, any payments due under this contract will be applied directly toward any debt, including but not limited to delinquent taxes and child support, that is owed to the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquent taxes are paid in full.

1.7 Bidder certifies that they are in compliance

with Texas Government Code, Section 669.003, relating to contracting with executive head of a State agency. If Section

669.003 applies, the bidder will complete the following information in order for the bid to be evaluated:

Name of former Executive:

Name of State Agency:

Date of separation from State Agency:

Position with bidder:

Date of employment with bidder:

1.8 Bidder agrees to comply with Texas

Government Code 2155.4441, relating to the use of service contracts for products produced in the State of Texas.

1.9 By signature hereon, the Respondent hereby

certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas.

2. BIDDING REQUIREMENTS:

2.1 Bids should be submitted on this form. Each

bid shall be placed in a separate envelope completely and properly identified. When sending bids via overnight delivery, bidder is advised to confirm whether SFA delivery location is a guaranteed AM delivery.

2.2 SFA offers facsimile or email service as a

convenience only. The only telephone number for FAX submission of bids is 936- 468-4282. The only email for email submission of bids is bids@sfasu.edu. The University shall not be responsible for bids or portions of bids received late, illegible, incomplete, or otherwise non-responsive due to failure of electronic equipment, technology error, or operator error. Confirmation of facsimile or email bids is not required.

2.3 Bids must be time stamped in the SFA

Procurement & Business Services Office on or before the hour and date specified for the bid opening. Late bids will not be considered under any circumstances. Late bids properly identified will be returned to the bidder unopened.

2.4 Bids are requested to be firm for acceptance

for a minimum of 30 days from opening date.

Bid cannot be altered or amended after opening time. No bid can be withdrawn after opening time without the approval of the University based on a written acceptable reason.

2.5 Telephone quotations are not acceptable

when in response to this Invitation to Bid.

2.6 Stephen F. Austin State University reserves

the right to accept or reject all or any part of any bids, to waive minor technicalities, to re-advertise if deemed necessary, and to award the bid to best serve the interests of the University.

2.7 All electrical items must meet all applicable

OSHA standards and regulations, and bear the appropriate listing from US, FMRC or

NEMA.

2.8 All items shall be new, in first class condition, with containers suitable for shipment and storage. New shall not be construed as excluding recycled or remanufactured products.

2.9 Any catalog, brand name or manufacturer's

reference used in this bid is descriptive (not restrictive).

2.10 Stephen F. Austin State University will not be

bound by any oral statement or representation contrary to the written specifications of this ITB and any associated addenda.

2.11 Bids should give Payee ID Number, full firm

name and address of bidder. The Payee ID Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. If this number is not known, complete the following:

Enter Federal Employer's Identification

Number

Sole Owner should also enter SSN# below

3. TIE BIDS - Awards will be made in accordance with Rule TAC, Title 34, as amended.

(preferences).

4. PATENTS OR COPYRIGHTS – The Contractor agrees to protect Stephen F. Austin

State University from claims involving infringement of patents or copyrights.

5. PAYMENT - Vendor shall submit an itemize invoice showing Purchase Order Numbe Payment will be made Net 30 from date of recei of goods/services or invoice, whichever is late Late fees will be incurred in accordance wi Texas Government Code 2251. Invoices and an required supporting documents must b presented to: SFASU Accounts Payable, P.O Box 6085, Nacogdoches, TX 75962 electronically submitted accountspayable@sfasu.edu.

6. DELIVERY:

6.1 Bids should show the number of days required

place material in designated location und normal conditions. Failure to state delivery tim obligates bidder to complete delivery in 1 calendar days. A five-day difference in delive promise may break tie bids. Unrealistic short long delivery promises may cause the bid to b disregarded.

6.2 Delivery shall be made during normal workin

hours only, unless prior approval for early or la delivery has been obtained.

6.3 If delay is foreseen, contractor shall give writte

notice. The University has the right to exten delivery date if reasons appear valid. Contract must keep the University advised at all times status of order. Default in promised delive (without accepted reasons) or failure to me specifications, authorizes the University purchase supplies elsewhere and charge fu increase, if any, in cost and handling to defaultin contractor.

6.4 No substitutions or cancellations are permitte

without prior written approval.

7. ALTERNATE DISPUTE RESOLUTION:

Pursuant to Chapter 2260 of the Texa

Government Code, any dispute arising under contract for goods and services for which th chapter applies must be resolved under th provisions of this chapter.

8. PUBLIC INFORMATION ACT:

Information, documentation, and other material connection with this solicitation or any resultin contract may be subject to public disclosu pursuant to Chapter 552 of the Texa Government Code (the “Public Information Act” Bidder acknowledges that University may b required to post a copy of the contract on i website in compliance with Sectio 2261.253(a)(1), Texas Government Code.

9. NOTE TO BIDDERS:

9.1 Any terms and conditions attached to a solicitatio

will not be considered unless specifically referre to on this solicitation and may result disqualification.

9.2 The Contractor shall defend, indemnify and ho

harmless the State of Texas, all of its officer agents and employees from and against a claims, actions, suits, demands, proceeding costs, damages, and liabilities, arising out o connected with, or resulting from any acts omissions of contractor or any agent, employe subcontractor, or supplier in the execution performance of this contract.

9.3 Contractor understands that acceptance of fund

under this contract acts as acceptance of th authority of the State Auditor’s Office or an successor agency, or Stephen F. Austin’s Intern Audit Services, to conduct an audit investigation in connection with those fund Contractor further agrees to cooperate fully wi the State Auditor’s Office or its successor, Stephen F. Austin’s Internal Audit Services in th conduct of the audit or investigation, includin providing all records requested. Contractor w ensure that this clause concerning the authority audit funds received indirectly by subcontracto through Contractor and the requirement cooperate is included in any subcontract award

EXHIBIT A

CAMPUS MAP

https://www.sfasu.edu/map https://www.sfasu.edu/map

EXHIBIT B

NON-COLLUSION AFFIDAVIT

EXHIBIT B

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the “Respondents”), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other Respondent, or with any official of SFA or any employee thereof, or any person, firm or corporation under contract with SFA whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said SFA, has paid or is to pay to any other Respondent or to any of the aforementioned persons anything of value whatever, anything of value whatsoever, and that the Respondent has not, directly or indirectly entered into any arrangement or agreement with any other Respondent or Respondent which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The Respondent herby certified that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, potential Respondent, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Respondents or potential Respondents, or to obtain through any unlawful act an advantage over other Respondents or SFA.

The prices submitted herein has been arrived at in an entirely independent and lawful manner by the Respondent without consultation with other Respondents or potential Respondents or foreknowledge of the prices to be submitted in response to this solicitation by other Respondents or potential Respondents on the part of the Respondent, its officers, partners, owners, providers, representatives, employees or parties in interest including the affiant.

CONFLICT OF INTEREST

The undersigned Respondent and each person signing on behalf of the Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of SFA, nor any employee, or person, whose salary is payable in whole or in part by SFA, has a direct or indirect financial interest in the award of the Proposal, or in the services to which this Proposal relates, or any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature _____________________________________________

Company name ________________________________________

Date______________________

EXHIBIT C

IMAGES OF EXSTING

EQUIPMENT