Hub subcontracting opportunity notification form

REQUEST FOR PROPOSAL: RFP# 730-16XXX
(RFP NAME)
Deliver Bid Response to:
University of Houston Energy Research Park
Purchasing Department, Attn: Hasan Jamil
5000 Gulf Freeway, Building 1, Room 205
Houston, TX 77204-5015
Posting Date:
Wednesday, June 19, 2016
Proposal Due Date:
March 17, 2016 @ 11:00 AM CDT
DO NOT FORGET TO INCLUDE ELECTRONIC VERSION OF BID SUBMISSION
Table of Contents

INTRODUCTION 3

AWARD PROCESS 5

GENERAL INFORMATION AND REQUIREMENTS 6

SPECIFIC REQUIREMENTS OF REQUEST FOR PROPOSAL 8

GENERAL TERMS AND CONDITIONS 9

DESCRIPTION OF SERVICES – GENERAL REQUIREMENTS – SCOPE OF WORK 14

INSURANCE REQUIREMENTS 16

GENERAL INFORMATION QUESTIONNAIRE 17

EVALUATION CRITERIA PROCESS 18

EXHIBITS 19

SECTION I
INTRODUCTION
1.1 GENERAL:
The University of Houston System (University) comprises the largest Texas state institution system of higher education located in an urban, metropolitan environment. The University offers undergraduate and graduate degree programs in a variety of disciplines; courses are conducted throughout most of the calendar year. The student population of the main campus in Houston, TX is comprised of approximately 37,900 students who commute to the campus and 2,100 students who reside on campus. The main campus employs approximately 6,700 individuals who serve in faculty or staff positions. The component campuses, in surrounding areas, consist of the following statistics: The Clear Lake campus, located in the far southeast Houston-area, has a student population of approximately 7700 students, 700 full-time and 450 part-time employees; The Downtown campus, located in downtown Houston, has a student population of approximately 11,000 students, 573 full-time and 238 part-time employees. The UH campus at Victoria (near-southeast Texas) has a student population of approximately 2411 students, 239 full-time and 50 part-time employees. The two multi-institutional teaching centers, one UHS @Sugar Land with a population of 1800 students and 35 staff positions and one @ Cinco Ranch with a population of 1,000 students and 16 staff positions.
The University invites you to submit a proposal to (provide a brief description of services or merchandise to be procured with this bid package)
You may provide a few examples below
*_______________________________
*_______________________________
Respondents are encouraged to propose contractual arrangements offering the maximum benefit to the University in terms of (1) services to the University, (2) total overall cost to the University, and (3) project management expertise. Proposers should describe all educational, state, and local government discounts, as well as any other applicable discounts that may be available to the University in a contract for Services.
RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.
1.2 SUBMITTAL DEADLINE:
University will accept proposals until March 17, 2016 @ 11:00 AM CDT. DO NOT USE U. S. Postal Service in submitting your bid.
Submit one (1) clearly marked original and One (1) Electronic copy in a memory drive (USB) of the proposal including any supplemental printed material referenced with the, “RFP 730-XXXXX RFP Name” must be submitted and received in the University’s Purchasing Office on or before the time and date specified and delivered to:
UH – Purchasing Department,
Attn: Hasan Jamil
5000 Gulf Freeway, Bldg. 1, Room 205
Houston, Texas 77204-5015
NOTE: ALL ELECTRONIC DOCUMENTS MUST BE SUBMITTED IN PDF FORMAT & ATTACHED TO BID RESPONSE. The materials submitted must be enclosed in a sealed envelope (box or container); the package must show clearly the submittal deadline; and name and the return address of the Respondent must be clearly visible.
1.3 PRE-PROPOSAL MEETING:
Do you believe a pre-proposal/walkthrough meeting will be required for this project?
If so, complete the highlighted information below.
There will be a pre-proposal meeting on Xxxxx @ 11:00 AM CDT at the following location:
University of Houston Energy Research Park
5000 Gulf Freeway, Bldg. 1, Room 214
Houston, Texas 77204-5015
Respondents are not required to attend. Required proposal documents will be reviewed and there will be an opportunity to ask questions.
Parking is available in the visitor parking lot next to Building 3.
1.4 UNIVERSITY CONTACTS:
Any questions or concerns regarding this RFP shall be directed to:
Hasan Jamil, Buyer, hrjamil@central.uh.edu
University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individual.
1.5 INQUIRIES AND INTERPRETATIONS:
Inquiries must be submitted in writing and received no later than close of business March 3, 2016 @ 5:00 PM CDT.
UH – Purchasing Department
Hasan Jamil
hrjamil@central.uh.edu
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 http://esbd.cpa.state.tx.us/ or facsimiled to proposer’s requesting such. All such addenda issued by the University prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in his proposal.
Only those inquiries the University replies to which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. The Respondent must acknowledge all addenda by either signing or returning such document(s) or by letter. Such acknowledgment must be received prior to the hour and date specified for receipt of proposals, or shall accompany the proposal.
1.6 PUBLIC INFORMATION:
All information, documentation, and other materials submitted in response to this solicitation are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed and upon successful contract award.
If a proposal includes proprietary data, trade secrets or information the respondent wishes to except from public disclosure, then respondent must specifically label such data, secrets or information as follows: “PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION.” To the extent permitted by law, information labeled as such will be used by University only for purposes related to or arising out of: (1) evaluation of proposals; (2) selection of a Respondent pursuant to the RFP process; and, (3) negotiation and execution of a contract with the selected Respondent
1.7 TERM OF CONTRACT:
Any contract resulting from this RFP will become effective upon the later of the effective date indicated in the contract or the date that all parties have signed the contract. The expected term of the contract will be three (3) years with the option to renew two (2) additional one year terms, for a maximum of five (5) years. The University reserves the right to negotiate modification of contract terms and schedules as necessary.
1.8 CANCELLATION:
The University has the right to cancel for default all or part of the undelivered portions of this Contract if the Contractor breaches any of the terms including warranties of Contractor or if the Contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which the University may have in law or equity.
1.9 TERMINATION:
The performance of work under this Contact may be terminated by the University in accordance with this provision. Termination of work shall be effected by the delivery to the Contractor of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Under no circumstances will the Contractor be entitled to payment for anticipated profits, unabsorbed overhead, or interest on borrowing by reason of such termination.
The University may terminate the Contract, without penalty, without cause by giving thirty (30) days’ written notice of such termination to the Contractor.
SECTION II
AWARD PROCESS
2.1 BASIS OF AWARD:
A contract may be issued based on the proposal(s) considered the most advantageous to the University. Factors to be considered in determining an award are described in Section IX below, Evaluation Criteria Process. University reserves the right to make a split award, multiple awards, or no award at all.
2.2 CONTRACT AWARD PROCESS:
An award for the services specified herein will be made following a procedure using competitive sealed proposals.
A. Proposals will be opened publicly to identify the names of the Respondents, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any of the Respondents or, at the University’s sole option and discretion, the University may discuss or negotiate all elements of the proposal with selected Respondents who represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s).
B. After the submission of a proposal but before making an award, the University may permit the Respondent to revise the proposal in order to obtain the best final offer. The University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. The University will provide each Respondent with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending an award, but the University reserves the right to include additional proposals in the competitive range if deemed in the best interest of the University.
C. University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of the University and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of the University and to temporarily or permanently abandon the procurement. If the University awards a contract, it will award the contract to the Respondent, whose proposal is the most advantageous to the University, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.
2.3 OTHER FACTORS FOR SELECTION:
The Respondent selected for an award will be the Respondent whose proposal, as presented in the response to this RFP, is the most advantageous. The System is not bound to accept the lowest priced proposal if that proposal is not in the best interest of the System as determined by the System. The System personnel will evaluate proposals. In addition to the Evaluation Criteria identified on page 21, the selection of the successful respondent for this award, will be based on the other factors listed below:
1. Compliance with specifications.
2. Ability to offer a comprehensive set of core services and benefits.
3. Competitive rates.
4. Online access to relevant databases.
5. Compliance with applicable state and federal laws and regulations.
6. Financial position of Respondent.
7. Stability of rates and fees over time.
8. Ability to provide the University with requested reports, including but not limited to, service utilization reports.
9. Ability of the University to customize its screening program options in a way that will best meet the needs of the University, i.e.: a la carte services.
10. Timeliness of report completion
11. Responsiveness from customer support personnel (add or delete any of the above points based on your requirements)
Consideration may also be given to any additional information and comments if they should increase the benefits to the University. Upon completion of the initial review and evaluation of the proposals submitted, selected Respondents may be invited to participate in oral presentations.
2.4 RESPONDENT'S ACCEPTANCE OF EVALUATION METHODOLOGY:
Submission of a proposal indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that the University must make some subjective judgments during the evaluation process.
2.5 COMMITMENT:
Respondent understands and agrees that this RFP is issued on the anticipated need for requested services and that the University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent, which arises from Respondent’s performance hereunder, shall be at the sole risk and responsibility of Respondent.
2.6 KEY EVENTS SCHEDULE:
Posting of RFP for public bidding (ESBD)

Wednesday, June 19, 2016

Pre-Proposal Meeting

Xxxxx @ 11:00 AM CDT

Inquiries and Interpretations Deadline

March 3, 2016 @ 5:00 PM CDT

Q and A addendum posting to ESBD

March 6, 2016 @ 5:00 PM CDT

Proposal Submittal Deadline

March 17, 2016 @ 11:00 AM CDT

Respondent short list identified

TBD

Anticipated Award

TBD

Anticipated Start Date

TBD

The system will be in observance of the following holidays:

Memorial Day Monday, May 29, 2016

Independence Day Friday, July 4, 2016

SECTION III
GENERAL INFORMATION AND REQUIREMENTS
3.1 GENERAL INSTRUCTIONS:
Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the University.
University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated. Respondents submit proposals at their own risk and expense. Proposals, which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by the University, at its option.
Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the University's needs.
University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the University's best interest. Representations made within the proposal will be binding on responding firms. The University will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP. Firms wishing to submit a “No-Response” are requested to return the first page of the Execution of Offer (ref. Section VI). The returned form should indicate your company's name and include the words “No-Response” in the right-hand column. Failure to comply with the requirements contained in this RFP may result in the rejection of your proposal.
3.2 HISTORICALLY UNDERUTILIZED BUSINESS:
In accordance with the State of Texas policy of encouraging the use of Historically Underutilized Businesses (“HUBs”) in state procurement, the University shall make a good faith effort to utilize HUBs in contracts for construction, goods and services. University strives to achieve HUB program goals by contracting directly with HUBs or indirectly through HUB subcontracting opportunities. If the University determines that subcontracting is probable under the contract, a HUB Subcontracting Plan (“HSP”) must be completed by the Respondent and submitted with the Proposal in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter B. The HSP, if required by this solicitation, will become a provision of any contract that results from this solicitation and the Respondent will utilize the subcontractors indicated in the HSP, unless a revision to the HSP is approved by the University. The Respondent will also provide monthly Progress Assessment Reports to the University during the life of the contract to verify compliance with the HSP in the manner indicated by the University.
3.3 ALTERNATE PROPOSAL:
University may consider alternate proposals submitted by qualified responsive firms in determining an award. Respondents submitting alternate proposals shall clearly identify any exceptions taken to the requirements listed herein, and include a detailed description of the alternate(s) proposed. Respondent(s) may suggest additions to the requirements with respect to scope of work or services performed. All such suggestions shall be clearly defined. Alternate proposals shall be submitted as an attachment to your base proposal (RFP) package.
3.4 WITHDRAWAL OR MODIFICATION:
No proposal may be changed, amended, or modified after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by the University, which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.
3.5 VALIDITY PERIOD:
Proposals are to be valid for the University's acceptance for a minimum of 120 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract. At the end of the initial one-hundred-twenty (120) day validity period, proposals will automatically roll over for an additional one-hundred-twenty (120) day period unless otherwise specified in writing by Respondent.
3.6 TERMS AND CONDITIONS:
The General Terms and Conditions (ref. Section IV) shall govern any contract issued as a result of this solicitation (RFP).
All Respondents must comply with the requirements listed on Section III Proposal Requirements, Section V Description of Services, and Section IV Execution of Offer herein. In the event there is a conflict expressed in this document, the provision-requiring Respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:
1. Description of Services
2. General Terms and Conditions
3. Execution of Offer
By signing the Execution of Offer (EXHIBIT A) and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on the University.
SECTION IV
SPECIFIC REQUIREMENTS OF REQUEST FOR PROPOSAL
1.1 FAILURE TO COMPLY WITH REQUIREMENTS: If Respondent fails to comply with any requirements contained in this RFP, Respondent’s Proposal will be considered non-responsive and will be rejected. Below are the specific requirements of the RFP.

1.2 SUBMISSION, CONTENT, AND FORMAT OF PROPOSALS:

1.2.1 University will not accept Proposals received after the Proposal Deadline. University will not accept proposals that do not conform to the requirements of this RFP regarding the required format and size. Likewise, failure to address all aspects of the Project or the requirements of this RFP in a complete and meaningful way will subject a Proposal to rejection. Proposals that are qualified with conditional clauses, alterations, items not called for in this RFP, or irregularities of any kind are subject to rejection. Unnecessary or extraneous attachments shall NOT be included with Proposals and will not be reviewed, utilized or considered by University.

1.2.2 Each Proposal must be submitted as one (1) original signed document plus one (1) bound hard copy plus one (1) electronic copy as a single PDF file less than 15 MB in size. University prefers simple and economically produced proposals describing Respondent’s ability to meet the requirements of this RFP in a straightforward, concise manner. In evaluating Proposals, emphasis shall be on the quality, completeness, clarity of content, responsiveness to requirements, and understanding and anticipation of University’s needs.

1.2.3 The required hard-copy counterparts of Proposal must be printed on letter-size (8-1/2” x 11”) paper assembled with spiral or metal ring bindings and contains a MAXIMUM of THIRTY (30) printed pages. Each section must be separated with a divider sheet for quick reference. The cover, table of contents, divider sheets, sample documents, incumbency certificate, Bonding Letter, HSP, Execution of Offer and Cost and Delivery Proposal do not count as printed pages. University’s published manuals may be submitted in their entirety as an attachment or incorporated by reference.

1.3 EXECUTION OF OFFER: Each Proposal must include the completed, fully executed and acknowledged Execution of Offer in form and substance identical to the form attached hereto as EXHIBIT A.

1.4 HUB SUBCONTRACTING PLAN: Based on an analysis performed by the University’s Purchasing Department, subcontracting was determined to be (not to be) probable for this contract. Therefore, a HSP will (will not) be required to be submitted with the Proposal. EXHIBIT B contains the HSP form and instructions. If you have any questions about completing the HSP, if required, please contact Maya Thornton, HUB Director via email at mpthornton@uh.edu .

1.5 GENERAL INFORMATION QUESTIONNAIRE: The General Information Questionnaire (see section VIII) must be completed and submitted with the proposal.

1.6 ADDITIONAL REQUIREMENTS:

Additional requirements, if any, specified in the RFP are listed below:

4.6.1 (Describe requirement 1.)

4.6.2 (Describe requirement 2.)

SECTION V
GENERAL TERMS AND CONDITIONS
1.7 GENERAL:

These General Terms and Conditions are an example of what may be a part of any contract which may be awarded resulting from this RFP. Irrespective of those contained in this RFP, the University reserves the right to require additional or modified contract terms and conditions with the successful entity that are in the University’s best interest.
1.8 DEFINITIONS:

Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:
Contract Documents shall mean the documents that form the Contract between the University and the Contractor. The Contract Documents consist of the Agreement or Purchase Order. The Standard Purchasing Agreement (EXHIBIT C) is the University’s preferred form of Agreement. Any change or addendum to the Standard Purchasing Agreement or use of another contract form must be reviewed and approved by UH System Legal Counsel and will delay the contracting process.
Conditions of the Contract (this Section 5 - General Terms and Conditions, and any Additional or Special Conditions issued for this RFP), Specifications, Pricing and Delivery Schedule, Execution of Offer, Respondent's Questionnaire, and all Addenda and Amendments issued prior to and after the execution of the Contract.
University shall mean the University of Houston.
Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.
Contractor shall mean the individual, partnership, corporation, or other entity awarded a Contract for requested services under this RFP, in accordance with the terms, conditions, and requirements herein.
Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.
5.1 ENTIRE AGREEMENT:
The Contract Documents, for all intents and purposes, are intended as the complete and exclusive statement of the agreement between the University and the Contractor and supersede all prior or contemporaneous agreements, negotiations, course of prior dealings, or oral representations relating to the subject matter hereof. The terms and conditions of any purchase order, agreements, amendments, modifications, or other documents submitted by either party which conflict with, or in any way purport to amend or add to any of the terms and conditions of the Contract are specifically objected to by the other party and shall be of no force or effect, nor shall govern in any way the subject matter hereof, unless set forth in writing and signed by both parties.
5.2 TIME OF PERFORMANCE:
Time is of the essence in the rendering of services hereunder. Contractor agrees to perform all obligations and render services set forth per this Contract in accordance with the schedules herein and as mutually agreed upon between the University and Contractor during the term of this Contract.
5.3 DEFAULT:
In the event that the Contractor fails to carry out or comply with any of the terms and conditions of the Contract with the University, the University may notify the Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Contractor fails to remedy such failure or default within the ten (10) day period, the University shall have the right to cancel the Contract.
Without limiting the foregoing, the following shall constitute a material breach by the Contractor, upon the occurrence of which the Contractor shall immediately notify the University; the Contractor ceases its business operation, makes a general assignment for the benefit of creditors, is adjudged bankrupt, becomes insolvent, buyout or merger, or non-compliance to governmental requirements.
The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the Contract and such cancellation by the University shall not limit any other right or remedy available to the University at law or in equity.
5.4 FINANCIAL REPORTS AND PAYMENT:
A. All invoices should be submitted to the University no more than 30 calendar days after the delivery of goods or completion of services that are being invoiced.
B. University will remit payments based on valid and correct invoices no later than 30 calendar days after the later of the goods receipt date, service completion date, and invoice receipt date. Invoices must include a description of goods or services provided and an itemization of fees and/or expenses requested in a format mutually agreed upon by the Contractor and the Contract Coordinator.
C. University shall have the right to verify the details set forth in Contractor's invoices, either before or after payment of invoices.
5.5 CONTRACT AMENDMENTS:
The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the Contract must be forwarded to the University’s Office of Auxiliary Services for prior review and approval.
5.6 INDEPENDENT CONTRACTOR STATUS:
Contractor recognizes that it is engaged as an independent contractor and acknowledges that the University will have no responsibility to provide transportation, insurance, taxes or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of the University by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of the University, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law.
5.7 GENERAL RULES AND PROCEDURES FOR PURCHASING:
Respondent shall comply with Texas Government Code Section 2155.004 provision regarding conflicts of interest, prohibition on certain bids and contracts, and anti-trust laws.
A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.
Under Section 2155.004, Government Code, the Respondent 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.
5.8 UNIVERSITY’S RIGHT TO AUDIT:
At any time during the term of this Contract and for a period of four (4) years thereafter the University or a duly authorized audit representative of the University, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the University reveals any errors/overpayments by the University, Contractor shall refund the University the full amount of such overpayments within thirty (30) days of such audit findings, or the University, at its option, reserves the right to deduct such amounts owing the University from any payments due to the Contractor.
5.9 ACCESS TO DOCUMENTS:
To the extent applicable to this procurement, in accordance with Public Law 99-499 under TEFRA, Contractor agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, and their duly authorized representatives.
5.10 TITLE AND RISK OF LOSS:
For goods to be provided by Contractor hereunder, if any, the title and risk of loss of the goods shall not pass to the University.
5.11 ACCEPTANCE OF PRODUCTS AND SERVICES:
All products furnished and all services performed under this Contract shall be to the satisfaction of the University and in accordance with the specifications, terms, and conditions of the Contract. The University reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services.
5.12 SALES AND USE TAX:
Section 151.311, Tax Code permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities such as UH System and its components.
5.13 INDEMNIFICATION:
Contractor agrees to hold UH System, the University, its regents, officers, agents and employees harmless and free from any loss, damage, or expense arising out of any occurrence relating to this Contract or its performance and will indemnify UH System and the University, its regents, officers, agents, employees, and students and assigns against any damage or claim of any type arising from the acts or omission (including negligence) of the Contractor, its agents, employees, subcontractors, and/or assigns.
A. CONTRACTOR SHALL PROTECT AND INDEMNIFY THE UNIVERSITY FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS AND LOSS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT, OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE SERVICES PERFORMED OR GOODS PROVIDED HEREUNDER OR THE USE BY CONTRACTOR, OR BY THE UNIVERSITY AT THE DIRECTION OF CONTRACTOR, OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, THE UNIVERSITY SHALL PROMPTLY NOTIFY CONTRACTOR AND CONTRACTOR SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT. CONTRACTOR DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF THE UNIVERSITY'S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, THE UNIVERSITY AGREES TO COOPERATE REASONABLY WITH CONTRACTOR AND PARTIES SHALL BE ENTITLED, IN CONNECTION WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.
B. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.
5.14 FORCE MAJEURE:
If either the University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) day for each day of such delay.
5.15 CONFLICTS OF INTEREST:
It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.
Respondent shall also disclose:
A. Any relationship, whether by relative, business associate, capital funding agreement or by any other such kinship which exists between Respondent and an employee of any UH System component.
B. Whether Respondent has been an employee of any UH System component within the immediate twelve (12) months prior to the RFP response.
C. Whether any member of the Board of Regents of the University, or the Executive Officers of the University or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.
All such disclosures will be subject to administrative review and approval prior to the University entering into any contract with Respondent.
5.16 NON-DISCLOSURE:
Contractor and the University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other.
Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or the University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.
5.17 PUBLICITY:
Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.
5.18 SEVERABILITY:
In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.
5.19 NON-WAVIER OF DEFAULTS:
No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non‑compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained.
5.20 ASSIGNMENT:
The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by the University.
5.21 ASSIGNMENT OF OVERCHARGE CLAIMS:
Contractor hereby assigns to the University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).
5.22 PATENT AND COPYRIGHT:
Contractor shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by this Contract.
5.23 TEXAS PUBLIC INFORMATION ACT:
University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq) after a contract is awarded. Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFP information.
5.24 FREEDOM OF ACCESS AND USE OF FACILITIES:
The Contractor's employees shall have reasonable and free access during normal business hours to use only those facilities of the University that are necessary to perform services under this Contract and shall have no right of access to any other facilities of the University.
5.25 OBSERVANCE OF UNIVERSITY RULES AND REGULATIONS:
Respondent agrees that at all times its employees will observe and comply with all policies and regulations of the University while on University premises, including but not limited to parking, safety and security regulations.
5.26 SECTION HEADINGS:
All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFP.
5.27 NOTICES:
Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows:
UH-Department of Purchasing
Office of the Director
5000 Gulf Freeway, Bldg. 1, Suite 202
Houston, Texas 77204-5015
5.28 GOVERNING LAW:
This Contract, including, without limitation, this RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.
5.29 ANTI-TRUST LAWS:
Respondent shall certify that neither the Respondent nor the firm, corporation, partnership or University represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in the Texas Free Enterprise and Antitrust Act set forth in Chapter 15 of the Business and Commerce Code, or the Federal antitrust laws, nor have they directly or indirectly communicated the bid to a competitor or other person engaged in the same line of business.
5.30 CERTIFICATION OF FRANCHISE TAX STATUS:
Respondents are advised that UH System cannot pay vendors who are delinquent in paying state franchise taxes pursuant to Texas Government Code Chapter 2107.008. A corporate Respondent shall certify that it is not currently delinquent in the payment of, is exempt from, or is an out-of-state corporation that is not subject to any State of Texas franchise taxes. The Respondent agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.
5.31 DELINQUENCY IN PAYING CHILD SUPPORT:
Under Section 231.006, Texas Family Code, a child support obligor who is more than 30 days delinquent in paying child support, and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an owner’s interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials or services; or receive a state - funded grant or loan until all arrears have been paid; or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.
The Respondent certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.
SECTION VI
DESCRIPTION OF SERVICES-GENERAL REQUIREMENTS - SCOPE OF WORK
1.9 GENERAL REQUIREMENTS:

(__________________) provide a brief description and outline of your requirements.
6.2 SERVICES TO BE PERFORMED:
(__________________) must provide all details, deliverables, phases, requirements in this section. You are identifying to the Respondents, the facts and exact details you are seeking.
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1.10 ORAL PRESENTATION/WRITTEN CLARIFICATION:

As part of the evaluation process, the University reserves the right to request the Respondent to provide written clarification or make a formal, oral presentation. The UHS point of contact as identified within this RFP shall request the written clarification or schedule any presentations required. Each Respondent should be prepared to discuss and substantiate all areas of its proposal. This is a fact finding and explanation session only and does not include negotiation. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Respondents. The Respondent shall be responsible for all of its costs associated with the presentation. Oral presentations are an option of the University and may or may not be conducted with none, some or all of the Respondents.
6.4 FEES:
(____________________) Provide a fee schedule or provide an itemized line item breakdown for each service or merchandise. For example, if you are seeking services, you may want to include a line item for;
Hourly Rate $______________
Trip Charge $______________
1.11 PAYMENTS:

Payments will be made 30 calendar days after the later of invoice receipt, delivery of goods, and completion of services. Invoices must include an itemized description of services based on services agreement. University shall have the right to verify the details set forth in the Contractor’s invoices, either before or after payment of the invoice.
6.6 UNIVERSITY RESPONSIBILITIES:
The University will assist the contractor by performing the following actions:
• Assign an individual to act as primary contact at each component campus.
6.7 REFUNDS:

The University will establish per terms of contract.
6.8 TAXES:

The Contractor will comply and pay all taxes applicable under Federal, State and local laws.
6.9 INSURANCE AND LEGAL REQUIREMENTS:

The Contractor must carry applicable insurance and provide annual certificate of coverage to the Contract Coordinator. The Contractor must comply with all applicable permits and licenses and all requirements of applicable laws, regulations, and standards required for the operation of software license.
1.12 COMPLIANCE WITH THE UNIVERSITY PREMISE RULES:

The Contractor agrees that at all times its employees will observe and comply with all policies and regulations of the University, including but not limited to parking, safety and security regulations. This contract requires compliance with all University regulations and practices for services provided on the University premises. The Contractor, its agents, employees or subcontractors are made aware of, fully informed about, and in full compliance with its obligations under the following regulations, unless otherwise exempt:
· The Contractor shall comply with all applicable rules including without limitation, those relative to environmental quality, safety, fire prevention and noise.
· The University is a smoke-free institution. Smoking, is prohibited in any University building or facility unless otherwise posted.
· The Contractor has the right to use but shall have no right of access to any other facilities.
· The Contractor is responsible to ensure all its employees, personnel, or representatives entering onto UH facilities abide by these provisions.
1.13 TRANSITION PLAN:

The Contractor (including the incumbent) shall submit a transition plan addressing whether transition would be on a designated date or in predetermined time phases.
1.14 SPECIAL SERVICES:

The Contractor should propose any special services such as scholarship funds, special promotions or product availability for donations during the term of the contract.
1.15 CONTRACT COORDINATOR: The University will exercise its right and obligations under the Contract through its (Departmental Contact – Ann Pino, who will serve as Contract Coordinator.

6.13.1 All services performed shall be subject to review, coordination and approval by the contract coordinator. The contract coordinator will, in all cases, determine the quality, acceptability, and appropriateness of the work provided under contract. The contract coordinator will decide all questions which may arise as to the fulfillment of the Contract on the part of the Contractor and the contract coordinator’s determination and decision will be final and conclusive.
6.13.2 In the event services performed by the Contractor do not conform to the requirements of this Contract as determined by the contract coordinator, the University, at its option, may request the Contractor to adjust service schedules, product selection or add/delete/revise locations of service to the University. All adjustments or requests will be as mutually agreed upon between the Contractor and the University.
SECTION VII
INSURANCE REQUIREMENTS
7.1 REQUIRED COVERAGE:
For the duration of the agreement, for any renewal terms, and for purposes of indemnification obligations that are specified to survive termination or expiration of the agreement, Contractor shall obtain, at its sole expense and at no cost to the University, the following coverages and shall maintain such coverage in full force and effect:
7.1.1 Commercial General Liability Insurance including operations, contractual liability, and products liability in the combined single limit of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate;
7.1.2 Professional Liability or Errors & Omission Insurance (For Professional Services only) of not less than five million dollars ($5,000,000) per occurrence for professional services i.e., Physician, Lawyer, Architect, Engineer, other “Professional” or a Consultant representing his own firm;
7.1.3 If, during the Term, Contractor will enter University property, Contractor shall also maintain the following insurance:
· Workers' Compensation and Employers Liability Insurance covering all individuals who provide Services pursuant to the agreement at the request of the Contractor, at the statutory limits in effect as of the Effective Date of the Contract and as modified from time to time by the regulatory body or insurance carrier charged with administering Workers' Compensation for the State of Texas. Employer's Liability in amounts of not less than one million dollars ($1,000,000) per accident, one million dollars ($1,000,000) for disease (policy limit), and one million ($1,000,000) for disease (per person).
· Commercial Automobile Liability Insurance in the combined single limit of not less than one million dollars ($1,000,000) or in the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability Policy or a separate Commercial Auto Liability Policy;
7.1.4 University may require additional insurance coverages and/or limits depending on the nature and scope of the contract.

7.1.5 Providing and maintaining insurance coverage is a material term of this solicitation. Contractor shall provide Certificates of Insurance evidencing the Insurance Requirements no later than ten (10) days prior to the start of work and replacement or renewal certificates no less than thirty (30) days prior to the expiration of any such insurance. Insurance coverages must be written by companies authorized and admitted to do business in the State of Texas and rated A-, VII or better by A.M. Best Company. Contractor shall provide the University a full and complete copy of any insurance policy promptly upon request by the University, and without charge to the University.

7.2 INSURANCE ENDORSEMENTS:
The University shall be listed as an Additional Insured on the Commercial Liability and Automobile Liability policies. A waiver of subrogation must be granted in favor of the University for all policies. Contractor’s insurance coverage must be primary and non-contributory for all policies. A 30 day notice of cancellation or material changes must be provided to the University for all policies.
7.3 EFFECT OF INDEMNIFICATION OBLIGATIONS:
No provision, term, or condition in the Contract regarding indemnification obligations shall be construed to limit the application of insurance procured by the Respondent in accordance with requirements set forth in the Contract.
SECTION VIII
GENERAL INFORMATION QUESTIONNAIRE
Please answer the following questions as a part of your proposal response. Type the question before your answer. In answering a question, you may refer to other sections or exhibits of your proposal by reference to the page where the information may be found. If the answer to one question appears in the answer to another, you may refer to your other answer. Answers should be sufficiently detailed to make unnecessary any further inquiries by the University.
Failure to respond completely to any of these questions may result in the entire proposal being rejected.
RESPONDENT QUESTIONNAIRE
Respondents are requested to submit a complete response to each of the below listed items. Responses requiring additional space should be brief and submitted as an attachment to your proposal package. Please reference each response by its item number indicated below.
Company Profile
1. Legal name of the company:
Address of office that would be providing service:
Number of years in Business:
Type of Operation (i.e. Individual, Partnership, and Corporation):
Number of Employees:
Annual Sales Volume:
2. A Statement that you will provide a copy of your company's financial statements for the past two (2) years, if requested by the University.
3. Provide a Financial rating of your company and any documentation (such as a Dunn and Bradstreet analysis), which indicates the financial stability of your company.
4. State whether your company is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, please explain the impact both in organizational and directional terms.
5. Provide any details of all past or pending litigation or claims filed against your company that would affect your company's performance under a Contract with the University.
6. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution.
7. Provide a customer reference list of no less than three (3) organizations with which your company currently has contracts with and/or has previously provided “_______________” service of equal type and scope within the past five (5) years. Reference list to include, company name, contact person, and telephone number, contract description, length of business relationship and any special requirements.
8. Does any relationship exist whether by relative, business associate, capital funding agreement or any other such kinship exist between your company and any University employee? If yes, please explain.
Transition to Contract
9. Provide a statement of the transition requirements to implement the contract, any unique benefits, and other considerations. Briefly address the requirements, objectives and activities in Section VI.
10. Provide an estimate of the earliest start date following execution of a contract.
11. Submit a work plan with key dates and milestones. Your response should include:
a. Identification of tasks to be performed and/or equipment to be provided
b. Time frames to perform the identified tasks
c. List any compliance requirements and strategies for federal, state and local governmental regulations, insurance requirements including worker’s compensation, licenses and permits, if any and any other regulations as appropriate.
12. Describe the strategy and controls that will be utilized to assure products and services provided, pricing and terms, project timeline, maintenance support and training. Include samples of reports and documents if appropriate.
13. What difficulties do you anticipate in serving the University and how do you plan to manage these? What assistance will you require from the University?
14. Describe your company's quality assurance program, what are your company’s requirements, and how are they measured?
Miscellaneous
15. Provide a list of any goods or services not specified in this RFP that your company would provide to the University.
16. Provide details regarding any special services or product characteristics, or other benefits offered, or advantages in the University selecting your company.
SECTION IX
EVALUATION CRITERIA PROCESS
All proposals will be evaluated by appointed representatives of the University in accordance with the following procedures:
The Appointed Representatives of the Evaluation Committee will evaluate the Respondents’ written responses on the criteria set forth under General Business Requirements in Section 6. Those responses which pass ALL General Business Requirements will be further evaluated.
The written responses which have passed the General Business Requirements will be evaluated by the Evaluation Committee on the Criteria listed under Functional Requirements and under Operational Requirements (Section 6.2). A point value will be assigned by the Evaluator to each Criteria:
0 – Respondent did not respond to this Criteria
1 – The Response to this Criteria was Poor
2 – The Response to this Criteria was Fair
3 – The Response to this Criteria was Average
4 – The Response to this Criteria was Good
5 – The Response to this Criteria was Excellent
The Evaluations will take place separately and without discussion among Evaluation Committee members.
If Oral Presentations are required, a series of questions will be prepared by the Evaluation Committee and presented to each Short Listed Respondent by a Purchasing representative. Additionally, a set schedule will be made available from which a Presentation date will be chosen by Respondent.
If the Evaluation Committee determines that Oral Presentations are not required the determination of the preferred Respondent will be communicated to the Purchasing Department.
After preferred Respondent is identified, purchasing representative will send notification letters (via e-mail) to all Respondents regarding Evaluation Committee’s decision to award.
Respondents are strongly encouraged to deliver their responses identifying the criteria listed below and explaining how the product meets or exceeds the criteria (e.g. “Criteria 1 – Our product meets the criteria by providing…”). THIS IS CRITICAL TO THE EVALUATION PROCESS. If possible, responses should be in the same order as the criteria.
Evaluation Criteria
Points Allowed
Rate per eligible employee
40
Demonstrated ability of the Contractor to fulfill current and predicted University needs:
Respondent’s demonstrated professional experience performing the requested (__________) in locations of similar types and size (please provide the names of current clients and the number of years that you have been providing (___________) services for each).
Respondent’s average time to respond to (__________) requests
Administrative, financial reporting, operational and management structure in place to satisfy the service requirements.
Stability and success of the Contractor’s business including but not limited to; demonstrated capability and financial resources to perform the work in the time projected.
Responsiveness by customer support personnel
Compatibility with all versions of PeopleAdmin ATS up to and including version 7. Demonstrated track record of Respondent upgrades to maintain compatibility with future PeopleAdmin versions.
Guaranteed turnaround time
40
Proposed operational and transition plan with schedule.
10
Quality assurance plan and control measures implemented and maintained by the Contractor.
10
TOTAL
100
SECTION X

EXHIBITS

EXHIBIT A
EXECUTION OF OFFER

image1.emf
Execution of Offer

for RFPs.pdf

EXHIBIT B

HUB SUBCONTRACTING PLAN (HSP)

image2.emf
HSP Form October

2014.pdf

EXHIBIT C

STANDARD PURCHASING AGREEMENT

image3.emf
Standard Purchasing

Agreement_Revised 04.04.2014.pdf

4

1 | Page

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_1499499354.pdf
EXECUTION OF OFFER

1

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION OF YOUR PROPOSAL. 1. By signature hereon, Respondent offers and agrees to furnish the products and/or services

at the prices quoted and comply with all terms, conditions, requirements set forth in the RFP and documents incorporated therein including, but not limited to, the Contract Form.

2. By signature hereon, Respondent affirms that Respondent has neither given 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 Proposal. Failure to sign hereon, or signing with a false statement, shall void the Proposal and any resulting contracts, and the Respondent shall be removed from all proposal lists at this Agency.

3. By signature hereon, Respondent certifies that (a) Respondent is not currently delinquent

in the payment of any franchise taxes due under Chapter 171 of the Texas Tax Code, or (b) that Respondent is exempt from the payment of such taxes, or (c) that Respondent is an out-of-state entity that is not subject to the Texas franchise tax, whichever is applicable. A false certification shall be deemed a material breach of contract and, at the University's option, may result in cancellation of any resulting contract or purchase order.

4. By signature hereon, the individual signing on behalf of Respondent hereby certifies that

neither such individual nor Respondent (including anyone acting for Respondent) has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Proposal any competitor or any other person engaged in such line of business.

5. By signature hereon, Respondent certifies that all statements and information prepared

and submitted in response to the RFP are current, complete and accurate. 6. By signature hereon, Respondent certifies that if a Texas address is shown as

Respondent’s address at/on ____________________________________, Respondent qualifies as a Texas Bidder as defined in Chapter 2155.444, Texas Government Code and that the preference indicated below is claimed under Chapter 2155.444, Texas Government Code:

() Agricultural product produced or grown in Texas () Texas Bidder is a service-disabled veteran () Produced in Texas and/or offered by Texas Bidder () Produced in USA () No Preference claimed

EXECUTION OF OFFER

2

7. By signature hereon, Respondent certifies it is legally authorized to claim the following status pursuant to Texas law:

() Small Business (Chapter 2006.001, Texas Government Code) () Historically Underutilized Business (Chapter 2161, Texas Government Code) () Certified by Texas Department of Commerce () Status not claimed

8. By signature heron, Respondent agrees that the Historically Underutilized Business

(HUB) Subcontracting Plan (HSP), if required by this solicitation, will become a provision of any contract that results from this solicitation and the Respondent will utilize the subcontractors indicated in the HSP, unless a revision to the HSP is approved by the University. The Respondent will also provide monthly Progress Assessment Reports to the University during the life of the contract to verify compliance with the HSP in the manner indicated by the University.

9. By signature hereon, Respondent certifies as follows:

“Under Section 231.006, Texas Family Code, the consultant or applicant certifies that the individual or business entity named in this contract, proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

10. By signature hereon, Respondent certifies that (a) no relationship, whether by relative,

business associate, capital funding agreement or by any other such kinship exists between Respondent and an employee of any component university of the University of Houston System, (b) Respondent has not been an employee of any component university of the University of Houston System within the twelve (12) months immediately preceding the submission of the Proposal, and (c) under Section 2155.004, Government Code, Respondent 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.. These certifications are subject to administrative review and approval prior to the University entering into any contract with Respondent.

11. By signature hereon, Respondent affirms that no compensation has been received for

participation in the preparation of the specifications for the RFP. (Ref. Chapter 2155.004, Texas Government Code)

12. By signature hereon Respondent represents, warrants and covenants that all articles and

services quoted in its Proposal meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (29 U.S.C. Chapter 15) and its regulations in effect or proposed as of the date of the RFP.

13. By signature hereon, Respondent warrants and covenants its compliance with all federal

laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2155.004&Date=6/26/2014
EXECUTION OF OFFER

3

Complete the following: VIN No: FEI No: If Sole Owner, SSN: If a Corporation: State of Incorporation: Charter No: 14. Addenda Checklist Receipt is hereby acknowledged of the following addenda to this RFP. Initial if applicable. No.1 No. 2 No. 3 No. 4 No. 5 No. 6 No. 7 No. 8 No. 9 No. 10

15. Certificate of Incumbency By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the Proposal is authorized (a) to sign such documents on behalf of Respondent, (b) to bind Respondent under any contract that may result from the submission of the Proposal, and (c) to make the following certification of incumbency The following individuals and/or positions are authorized to sign for (complete legal name of Respondent, including its entity type and state of formation) (“Respondent”) in order to bind Respondent in any contract or purchase order that results from the Proposal. Name of Individual (optional) and/or Position in Company (required)

EXECUTION OF OFFER

4

Instructions for Certificate of Incumbency: 1. Names of individuals authorized to sign for the company are optional but positions (job

titles) are required. 2. If a limited partnership, individuals/positions listed must have authority to bind the

general partner on behalf of the limited partnership. 3. Insert more rows for additional individuals/positions authorized to sign, if needed.

EXECUTION OF OFFER

5

Submitted by: (Respondent’s Complete Legal Name) (Authorized Signature) (Printed Name/Title) – Must be VP or higher position (Date) (Street Address) (City, State, Zip Code) (Telephone Number) (Facsimile Number) (Email Address) Note: The person signing the Execution of Offer must be a Vice President or higher

position authorized to bind Respondent.

_1530437045.pdf
Form No: OGC-S-2010-06

Office of the General Counsel Standard Purchasing Agreement OGC-S-2010-06 Revised 04.04.2014 Page 1 of 4

Standard Purchasing Agreement

This Standard Purchasing Agreement (“Agreement”) is entered into between the ______________________________________________ on behalf of the Department/College/Division/School of ________________________________________(“University”) and ________________________________________(“Contractor”). University and Contractor may be referred to singularly as a “Party” and collectively as the “Parties.”

1. TERM: The term of this Agreement (“Term”) will begin on __________________ and end on __________________, unless terminated earlier pursuant to the terms of this Agreement or extended by mutual written agreement of the Parties.

2. SERVICES: Insert detailed description of the goods and/or services to be provided by Contractor pursuant to this Agreement (“Services”) and attach additional pages if necessary._ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ ____________________________________________________________________________________________________

.....Check here if an exhibit, offer, proposal or other similar document (collectively, “Attachment”) is being added as part of this Agreement. Any such Attachment: (i) should be described above in this Section 2 and attached to this Agreement; and (ii) is hereby incorporated by reference. In the event of any inconsistency between the Attachment and this Agreement, this Agreement will prevail.

3. COMPENSATION: Check one box only:

This is a fixed price contract. University will pay Contractor the amount of $____________________.

This is not a fixed price contract. University will pay Contractor an amount not to exceed $_______________ (based on an hourly fee and/or other method of calculation as follows:

___________________________________________________________________________________________________ ___________________________________________________________________________________________________ _________________________________________________________________________________________ ______).

This is not a fixed price contract and will be performed on a service-order basis. University will pay Contractor an amount not to exceed $________________ (based on service order form(s) to be completed and signed by the Parties, a version of which will be provided to Contractor by University). University will engage Contractor on an “as-needed if needed” basis and does not guarantee the purchase of any quantity or dollar amount of Services.

4. PAYMENT TERMS: Contractor shall submit detailed invoices to University describing the Services rendered, the times when such Services were performed, compensable expenses and the amount due. University will pay undisputed amounts within thirty (30) days of receiving invoices. Payment terms are subject to Chapter 2251 of the Texas Government Code.

5. ELIGIBILITY TO RECEIVE PAYMENT: In accordance with Section 231.006 of the Texas Family Code and Sections 2155.004 and 2155.006 of the Texas Government Code, Contractor certifies that it is not ineligible to receive this Agreement and payments under this Agreement and acknowledges that University may terminate this Agreement and/or withhold payment if this certification is or becomes inaccurate. Contractor acknowledges that, in accordance with Section 403.055 of the Texas Government Code, as applicable, if the Texas Comptroller of Public Accounts is currently prohibited from issuing a warrant to Contractor, Contractor agrees that payments under this Agreement will be applied to the debt or delinquent taxes owed to the State of Texas until the debt or delinquent taxes are paid in full.

6. CONTRACTOR’S STATUS AND RESPONSIBILITIES: In performing the Services, Contractor will be deemed an independent contractor and not University’s agent or employee. This Agreement will not be construed to create any partnership, joint venture or other similar relationship between the Parties. As an independent contractor, Contractor will be solely responsible for determining the means and methods for performing the Services. Contractor shall perform the Services in strict accordance with this Agreement and in accordance with the highest standards of care, skill, diligence and professional competence applicable to contractors engaged in providing similar services.  Check here if Contractor is an individual and has been a temporary or permanent employee of the State of Texas (including any component of the University of Houston System) within the past two (2) years. If so, Contractor must attach a separate statement setting

Form No: OGC-S-2010-06

Office of the General Counsel Standard Purchasing Agreement OGC-S-2010-06 Revised 04.04.2014 Page 2 of 4

forth the name of the agency or department by which Contractor was employed, the dates of employment, the annual rate(s) of compensation during such employment and the nature of Contractor’s assigned duties.

7. INTELLECTUAL PROPERTY: Contractor represents that it has all intellectual property rights necessary to

enter into and perform its obligations in this Agreement.

8. OWNERSHIP OF WORK PRODUCT: All work product, including any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by Contractor in the performance of its obligations under this Agreement will be deemed works for hire and the exclusive property of University. Contractor shall deliver all such materials to University upon completion, termination or cancellation of this Agreement. Any programs, data or other materials furnished by University for use by Contractor in connection with the Services performed under this Agreement will remain University’s property.

9. INDEMNITY: To the fullest extent permitted by law, Contractor shall indemnify and hold harmless University, its component institutions and each of their directors, officers, agents and employees from and against all liability, loss, expense (including reasonable litigation costs and attorney fees), or claims for injury or damages arising out of the performance of this Agreement (collectively, “Claim”) to the extent the Claim arises from the negligence, willful act, breach of contract or violation of law by Contractor, its employees, agents, contractors or subcontractors.

10. INSURANCE: Unless an appropriate University representative agrees to waive the requirements by initialing the designated space near the signature block below, Contractor shall comply with the following requirements (“Insurance Requirements”): Contractor shall maintain on a primary basis, at its sole expense the following insurance coverage’s described herein. Commercial General Liability insurance coverage of $1,000,000 per occurrence. If, during the Term, Contractor will enter University property, Contractor shall also maintain the following insurance: (i) Worker’s Compensation coverage as required by law with statutory limits for the State of Texas, including Employers Liability coverage of $1,000,000 per accident; (ii) Commercial Automobile Liability coverage of $1,000,000 Combined Single Limit; In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability Policy or a separate Commercial Auto Liability Policy (iii) for engineers and architects only: Professional Liability coverage of $5,000,000 per occurrence; and (iv) for builders only: Builder’s Risk coverage in the amount of the construction cost, including protection against named windstorm and flood. All policies must contain a waiver of subrogation against University. Commercial General Liability and Commercial Automobile Liability policies must name University as Additional Insured. Contractor shall provide Certificates of Insurance evidencing the Insurance Requirements prior to the start of work.

11. INSPECTION AND ACCEPTANCE OF SERVICES: University reserves the right to inspect the Services provided under this Agreement at all reasonable times and places during the Term. If any of the Services do not conform to the requirements set forth in this Agreement, University may (i) require Contractor to perform the Services again in conformity with such requirements, with no additional charge to University; or (ii) equitably reduce payment due Contractor to reflect the reduced value of the Services performed. These remedies do not limit other remedies available to University in this Agreement or otherwise available at law.

12. RISK OF LOSS: All work performed by Contractor pursuant to this Agreement will be at Contractor’s exclusive risk until final and complete acceptance of the work by University. In the case of any loss or damage to the work prior to University’s acceptance, such loss or damage will be Contractor’s responsibility. Delivery of any goods to University pursuant to this Agreement must be FOB destination.

13. COMPLIANCE: Contractor shall observe and abide by all applicable local, state and federal laws (including without limitation the Jeanne Clery Act), regulations and University policies and procedures.

14. CONFIDENTIALITY; DATA PROTECTION: Subject to the Texas Public Information Act (Chapter 552 of the Texas Government Code) and any similar legal requirements, neither Party shall disclose any confidential information obtained from the other Party without such Party’s prior written approval. As applicable, Contractor shall maintain and process all information it receives in compliance with all applicable data protection/privacy laws and regulations and University policies.

15. PUBLICITY: Contractor shall not use University’s name, logo or other likeness in any press release, marketing material or other announcement without University’s prior written approval.

16. SUBCONTRACTORS: If Contractor is permitted to subcontract any of the Services, Contractor shall ensure that each subcontractor complies with all provisions of this Agreement. Contractor will remain liable for the acts and omissions of such subcontractor(s) and the proper performance and delivery of the Services.

Form No: OGC-S-2010-06

Office of the General Counsel Standard Purchasing Agreement OGC-S-2010-06 Revised 04.04.2014 Page 3 of 4

17. PRODUCTS AND MATERIALS PRODUCED IN TEXAS: In performing its obligations under this Agreement, Contractor shall purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas. [Section 2155.4441 of the Texas Government Code]

18. BONDS: If applicable to the Services and this Agreement, Contractor shall secure payment and/or performance bonds in accordance with Section 2253.021 of the Texas Government Code upon executing this Agreement.

19. AUDIT: Execution of this Agreement constitutes Contractor’s acceptance of the authority of University, the Texas State Auditor and/or their designated representative (collectively, “Auditor”) to conduct audits or investigations in connection with this Agreement. Contractor agrees to cooperate with the Auditor conducting such audits or investigations and to provide all information and documents reasonably requested.

20. TIME IS OF THE ESSENCE: Time is of the essence in the performance of this Agreement.

21. DEFAULT: A Party will be in default of this Agreement if such Party fails to comply with any obligation in this Agreement and such failure continues for ten (10) days after receiving written notice from the non- defaulting Party. In the event of default, the non-defaulting Party, upon written notice to the defaulting Party, may terminate this Agreement as of the date specified in the notice, and may seek other relief as provided by law.

22. TERMINATION FOR CONVENIENCE: University may terminate this Agreement in writing at any time upon providing at least thirty (30) days written notice to Contractor. University will only be liable for payment for Services received prior to the effective date of such termination.

23. NOTICE: Any notice required or permitted by this Agreement must be in writing and addressed to the Party at the address set forth below, or such other address as is subsequently specified in writing. Notices will be effective as of the date: (i) delivered by hand, (ii) delivered by national courier service or Registered/Certified Mail, postage prepaid, return receipt requested, or (iii) received by facsimile.

To University: To Contractor:

Dept. Name: __________________________ ______ Attn: _________________________________ __ ____ Address: ____________________________ _ ____ ___ ______________________________________ _____ _ with a copy to: Office of the General Counsel Attn: Contract Administration 311 E. Cullen, Ste. N Houston, TX 77204-5010

____________________________ ___ _______________ Attn: ______________________ ______ ____________ Address: ___________________ _______ ___________ ____________________________ _________ ________ with a copy to: ________________ _________ _____________________ Attn: _____________ _____ ______________________ Address: ___________ ____ ______________________ _________________________ ____________________

24. BREACH OF CONTRACT CLAIMS: To the extent Chapter 2260 of the Texas Government Code is applicable to this Agreement and not preempted by other law, the dispute resolution process provided by Chapter 2260 and the rules adopted by the Texas Attorney General will be used by the Parties to attempt to resolve any claim for breach of contract made by Contractor against University that cannot be resolved in the ordinary course of business.

25. FUNDING CONTINGENCY: University’s performance under this Agreement may be dependent upon appropriation of funds by the Texas State Legislature (“Legislature”) and/or allocation of funds by University’s Board of Regents (“Board”). If the Legislature fails to appropriate the necessary funds or the Board fails to allocate the necessary funds, University may terminate this Agreement without liability by providing written notice to Contractor.

26. CONTRACTOR REPRESENTATIONS: If Contractor is a business entity, it represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Texas; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in this Agreement; and (iv) the individual executing this Agreement on behalf of Contractor is authorized to do so.

27. PUBLIC INFORMATION. University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information under the Texas Public Information Act. In accordance with Section 552.002 of the Texas Public Information Act and Section 2252.907 of the Texas Government Code, and at no additional charge to University, Contractor will make any information

Form No: OGC-S-2010-06

Office of the General Counsel Standard Purchasing Agreement OGC-S-2010-06 Revised 04.04.2014 Page 4 of 4

created or exchanged with University pursuant to this Agreement (and not otherwise exempt from disclosure under the Texas Public Information Act) available in a format reasonably requested by University that is accessible by the public.

28. WAIVER: Waiver by either Party of a breach or violation of any provision of this Agreement will not operate as a waiver of any subsequent breach.

29. SURVIVAL: Termination or expiration of this Agreement will not affect the Parties’ rights or obligations that, by their nature and context, are intended to survive termination or expiration.

30. ELECTRONIC DELIVERY: Execution and delivery of this Agreement by exchange of email or fax copy containing the signature of a Party will constitute a valid and binding execution and delivery of this Agreement by such Party.

31. LIMITATIONS: Terms and conditions of this Agreement will only be binding on University to the extent permitted by the Constitution and laws of the State of Texas.

32. GOVERNING LAW; VENUE: This Agreement will be governed by the laws of the State of Texas without regard to choice of law principles. In the event of any suit or action arising from this Agreement, the Parties consent to jurisdiction of the courts in Harris County, Texas.

33. MISCELLANEOUS: This Agreement, together with any Attachment(s), constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior contracts, agreements, representations and understandings made by the Parties relating to such subject matter. This Agreement may not be amended or otherwise modified except by the written agreement of both Parties. Contractor may not assign this Agreement without University’s prior written consent. The invalidity or unenforceability of any provision(s) of this Agreement will not impair the validity and enforceability of the remaining provisions.

Insurance Requirements Waiver – IF the Insurance Requirements are not applicable to the Services or if University otherwise chooses to waive such requirements for purposes of this Agreement, the appropriate University representative may waive the requirements by initialing here:  Otherwise, Contractor must satisfy the Insurance Requirements specified in this Agreement.

CONTRACTOR:

Signature:___________________________________________ Printed Name:______________________________________ Title: _______________________________________________ Date: _______________________________________________

Signature: _________________________________________ Printed Name: _____________________________________ Title: ______________________________________________ Date: ______________________________________________

Note: Modification of This Form Requires Written Approval of the University of Houston’s Office of General Counsel

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Standard Form Language Stamp
University and Contractor may be referred to singularly as a Party and collectively as the Parties:
Contractor:
unless terminated earlier pursuant to the terms of this Agreement or extended by mutual written agreement:
undefined:
to this Agreement Services and attach additional pages if necessary 1:
to this Agreement Services and attach additional pages if necessary 2:
to this Agreement Services and attach additional pages if necessary 3:
undefined_3:
undefined_4:
based on an hourly fee andor other method of calculation as follows 1:
based on an hourly fee andor other method of calculation as follows 2:
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completed and signed by the Parties a version of which will be provided to Contractor by University:
Check here if Contractor is an individual and has been a: Off
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Attn 1_2:
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Printed Name:
Printed Name_2:
Title:
Title_2:
to this Agreement Services and attach additional pages if necessary 4:
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Text1:
_1493711747.pdf
Rev. 10/14

HUB Subcontracting Plan (HSP) QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. -

Yes, I

will be subcontracting portions

of the contract

Section 2 b. - List all the portions of work you will subcontract,

and indicate the percentage of the contract you expect to award to Texas certified HUB vendors

Section 2 c. - Yes

Section 4 - Affirmation

GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5) years or less meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB venders Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b. If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5) years or less does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes,

I will be subcontracting portions of the contract

Section 2 b. - List all the portions of work

you

will subcontract, and indicated the

percentage

of the

contract you

expect to

award

to Texas certified HUB

vendors

and Non-HUB vend ors Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities

you listed

in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, complete:

Section 1 - Respondent and Requisition

Information

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

Rev. 10/14

HUB Subcontracting Plan (HSP) In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - ­ In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

a. Respondent (Company) Name:

Point of Contact:

E-mail Address:

b. Is your company a State of Texas certified HUB?

c. Requisition #:

State of Texas VID #:

Phone #:

Fax #:

Bid Open Date:

SECTION-1: RESPONDENT AND REQUISITION INFORM

(mm/dd/yyyy)

- Yes - No

1

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3 - Yes , I wi ll be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION and continue to Item c of this SECTION.)

- and SECTION 4.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) - No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

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Rev. 10/14

Enter your company’s name here: Requisition #:

SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:

b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description Percentage of the contract

expected to be subcontracted to HUBs with which you have

a continuous contract* in place for five (5) years or less.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted

to non-HUBs.

1 %

2

3

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Aggregate percentages of the contract expected to be subcontracted:

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub- subcontracting-plan/).

c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have a continuous contract* in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”.

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

2

http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/
http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/
http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/
Rev. 10/14

Enter your company’s name here: Requisition #:

SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT (CONTINUATION SHEET) a. This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting

opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description

HUBs Non-HUBs

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place

for five (5) years or less.

Percentage of the contract expected to be subcontracted

to HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted

to non-HUBs.

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Aggregate percentages of the contract expected to be subcontracted:

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HSP – SECTION 2 (Continuation Sheet)

Rev. 10/14

-

-

Enter your company’s name here: Requisition #:

SECTION-3: SELF PERFORMING JUSTIFICATION (If you responded “No “to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources.

Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/ or employees.)

SECTION-4: AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:

• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls).

• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.

• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.

Printed Name Title Date (mm/dd/yyyy)

Signature

Reminder: If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

3

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls
http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls
-

Rev. 10/14

HSP Good Faith Effort - Method A (Attachment A) Enter your company’s name here: Requisition #:

IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

SECTION A-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. Item Number: Description:

SECTION A-2: SUBCONTRACTOR SELECTION List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.

Company Name Texas certified HUB VID Number

(Required if Texas certified HUB)

Approximate Dollar Amount