Request for proposal



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DIVISION OF FINANCE
Procurement Services







REQUEST FOR PROPOSAL



Immigration Case Management Software

RFP 14-0040




PROPOSAL MUST BE RECEIVED BEFORE: October 21, 2014 (2:00 pm) CDT


MAIL PROPOSAL TO:

Texas A&M University


Procurement Services

P. O. Box 30013

College Station, TX 77842-3013


HAND DELIVER AND/OR EXPRESS MAIL TO:
Texas A&M University

Procurement Services

Agronomy Road

1477 TAMU

College Station, TX 77843-1477



Show RFP Number, Opening Date and Time on Return Envelope




NOTE: PROPOSAL must be time stamped at the Texas A&M University Department of Procurement Services before the hour and date specified for receipt of proposal.

Sealed proposals will be received until the date and time established for receipt.


REFER INQUIRIES TO:

Tonya Laird

Buyer I, Procurement Services

Email: t-laird@tamu.edu


Table of Contents


  1. INTRODUCTION 4-5

    1. Introduction 4

    2. Brief History and Current Organization 4

    3. Scope of Proposal 4

    4. Definitions 5

    5. Schedule of Events 5

    6. Respondent Responsibility 5

  1. PROPOSAL RESPONSE 6-9

    1. Scope of Work 6

    2. Approach 7

    3. Respondent Experience 7

    4. Pricing 7

    5. HUB Subcontracting Plan 7

    6. Evaluation Criteria for Award…………………………………………………………………………..8-9

  2. GENERAL INFORMATION 10-11

    1. Submittal Deadline and Location 10

    2. Proposal Components 10

    3. Texas A&M Contacts 10

    4. Inquiries and Interpretations 11

    5. Electronic State Business Daily 11

    6. Confidentiality 11

    7. Vendor Setup Forms 11

    8. Terms and Conditions 11

  3. GENERAL TERMS AND CONDITIONS 12-14
    1. General 12


    2. Default 12

    3. Termination 12

    4. Agreement Amendments 13

    5. Independent Vendor Status 13

    6. Right to Audit 13

    7. Sales and Use Tax 13

    8. Observance of Texas A&M Rules and Regulations 13

    9. Non-Disclosure 13

    10. Publicity 13

    11. Severability 13

    12. Non-Waiver of Defaults 13

    13. Governing Law 14

    14. Dispute Resolution 14

    15. Indemnification 14

    16. Other Benefits 14

    17. Intellectual Property 14

  4. CONTRACTUAL REQUIREMENTS 15-16

    1. Insurance 15

    2. Parking 16

    3. Payment 16




  1. EXECUTION OF OFFER 17-18

    1. Respondent Affirmation 17

    2. Texas Family Code Section 231.006 17

    3. Signature 18



  1. NON-COLLUSION AFFIDAVIT 19


ATTACHMENT: HUB PACKET

SECTION 1

INTRODUCTION




    1. Introduction

Texas A&M University, subsequently referred to as Texas A&M, is accepting proposals and intends to enter into an agreement with a company to provide an immigration software program to be used in the International Faculty and Scholars Service office. This shall be in accordance with the terms and conditions and requirements set forth in this Request for Proposal (RFP).


NOTE: It is the responsibility of Respondents to download this RFP from the Electronic State Business Daily web site (http://eshd.cpa.state.tx.us) and to check the website for any addenda for this RFP. All such addenda issued byTexas A&M prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their response. We suggest you check the website daily.


    1. Brief History and Current Organization

Texas A&M

Established in 1876, Texas A&M has since grown to become a world leader in teaching, research, and service, with an international reputation for excellence in both academics and athletics. With an enrollment of more than 50,000 students, Texas A&M is the fourth largest among U.S. universities. Located in the heart of Texas just hours from five of the nation's 20 largest cities (Houston, San Antonio, Dallas, Fort Worth and Austin) and home to the George Bush Presidential Library and Museum, Texas A&M is a popular and convenient destination for visitors from throughout the state and around the country. Additionally, the "Aggie Spirit” and its many proud traditions, from the friendly "Howdy" that serves as the official campus greeting, to the majesty of the Fightin’ Texas Aggie Band and the solemnity of Silver Taps and Aggie Muster, make Texas A&M a unique academic and cultural experience. From world-class research to a broad range of academic and extracurricular programs, Texas A&M offers a myriad of opportunities for intellectual and personal development in an environment that fosters achievement at the highest level.


International Faculty & Scholars Service

International Faculty & Scholars Service is the office charged with the responsibility of providing support and guidance to Texas A&M University and its System members as it relates to the employment of foreign nationals.  We are tasked with ensuring that the appropriate immigration status is attained for international faculty, researchers and staff.   

IFSS is also responsible for the administration and oversight of the J Exchange Visitor Program for scholars, professors, researchers and student interns.  

 
IFSS works closely with both academic and non-academic departments across the University and System providing a service that includes:



  1. Guidance on appropriate nonimmigrant status;

  2. Assistance in ensuring their foreign national employees maintain proper work authorization;

  3. Educational workshops and seminars;

  4. Sponsorship of eligible foreign national employees for permanent residence.

    1. Scope of Proposal

The Scope of this proposal t is to find a sophisticated, state-of-the art Immigration Case Management software that will enable IFSS to improve efficiencies in the administration of employment immigration support for the University and System members.

In the management and process of immigration petitions, the IFSS will typically engage with at least three (3) parties: hiring departments, System HR offices and foreign nationals. We wish to be able to give these parties access to the program, yet manage the extent/level of accessibility.


    1. Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:


RFP shall mean Request for Proposal.
Proposal shall mean Respondents offer.
Texas A&M shall mean Texas A&M University.
Respondent shall mean the individual, partnership, corporation, company, or other entity responding to this RFP, or entered into an Agreement with as a result of this RFP.
Agreement shall mean an agreement/contract, documented by written instrument, between Texas A&M and the successful Respondent to provide the scope of work to Texas A&M.


    1. Schedule of Events

The review and approval of RFPs is a multi-step process which requires variable amounts of time. Responders are advised that the projected dates listed below may be modified in writing by and at the sole discretion of Texas A&M Procurement Services.



Tentative Timetable
Release of RFP October 6, 2014

Deadline for Questions (by 5:00 p.m. CDT) October 14, 2014

Addendum and Responses to Questions (by 5:00 p.m. CDT) October 16, 2014

Deadline for Receipt of Proposals October 21. CDT

Presentations (if applicable) October 28, 2014

Notification to top-ranked respondent November 4, 2014

Formal Execution of Agreement November 11, 2014




    1. Respondent Responsibility

By submitting responses, each respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.


SECTION 2

PROPOSAL RESPONSE

RESPONDENTS ARE CAUTIONED TO READ ALL THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.


  1. Scope of Work

The scope of work involves the installation and support of Immigration Case Management Software, addressing needs of employment immigration in an institution of higher education’s environment. The IFSS’ customers consist of seventeen (17) universities and agencies within the Texas A&M University System.

      1. Immigration Case Management Software



      1. Functionality




        1. Record Management:

      1. One record per individual, multiple profiles

      2. Document/file storage

        1. Reports: Ability to create customized reports by writing queries

        1. Case status reports

        2. Case activity reports

        3. Expiration date reports

        4. Ad-hoc reports

        1. Ability to create and upload customized forms and questionnaires



        1. Ability to create customized fields



        1. E-mail messages and notifications: Ability to format text. Not restricted to a set style/template. Ability to customize and send both the foreign national employee as well as the customer (department/college).





        1. Form generation – governmental – Be provided with updates as soon as the USCIS releases them.




        1. Electronic filing of governmental (USCIS) forms




        1. Multiple views and customized levels of details




        1. Third party engagements



  1. Ability for customer to transmit documents electronically and populate fields in the record, for

example allow the foreign national to be able to update personal information such as addresses, email

address.


  1. Case status: Ability for customer to view status/progress of the case, as well as the foreign national.



        1. Task Calendar – Time management, calendar cases and deadlines



        1. Ticklers and alerts (automated and customized)



        1. SEVIS interaction capability



  1. Uploading data from SEVIS

  2. Notification of SEVIS alerts

  3. Customized Port of Entry reports



      1. Launch

Target launch date is December 1, 2014

  1. Approach


  1. How do you propose to fulfill the Scope and Statement of Work requested in this RFP? Provide a detailed response of your company’s offer of a virtual tour client meeting all of the steps as outlined in Sections 2.1.


  2. Provide an estimated timeline for the project including earliest date the work could begin and dates for major milestones with an estimated completion date of December 1, 2014.

2.3 Respondent Experience

  1. Experience working with Higher Education. Provide examples of previous work including at least three (3) Universities campus maps and tours you have completed in the past. Information provided shall include at least the following:

  • Name of the client: college, university or other organization

  • Contact person from that organization in charge of the agreement. Include name, title, telephone number and e-mail address of this person.

  • Explain in general terms what was provided.

Texas A&M reserves the right to call to verify and inquire about the reliability of the Respondent's performance history. Negative references may be grounds for disqualification.

  1. Identify all individuals who will contribute to the accomplishment of the scope of work to include specific responsibilities pertaining to and the approximate time each will devote to the Scope of Work. Include the resumes for key individuals.




  1. Provide a company profile (industry, age of company, types of clients served, types of services offered, areas of expertise etc.)



    1. Pricing

Pricing shall be provided for each of the following items. Respondent shall also provide a proposed payment schedule.

  1. Implementation: Provide an estimated breakdown of costs for the implementation of the proposed services (entire project) from start to finish.
  2. Travel Costs: Provide all travel costs associated with providing services. Outside of initial planning, design, & implementation (if necessary) meetings, work is expected to be performed off-site and remotely. Travel expenses should be limited and mostly at the discretion of Texas A&M.


  3. Hourly Rate of costs that may incur in addition to the overall price provided: Provide hourly rates for the following and any others that may be applicable. If these items are addressed in the overall price, provide any limits on the number of hours and the hourly rate that goes beyond the set number of hours in the cumulative cost.

  • Development / Setup

  • Map Creation

  • Project Management

  • Content Addition

  1. Please provide cost for continued support on a monthly basis.



    1. HUB Subcontracting Plan

It is the policy of the State of Texas and Texas A&M to encourage the use of Historically Underutilized Businesses (HUBS) in our price contracts, subcontractors, and purchasing transactions. The goal of the HUB Program is to promote equal access and equal opportunity in Texas A&M contracting and purchasing.

Subcontracting opportunities are possible for the scope of this RFP and therefore a HUB Subcontracting Plan is required. Failure to submit a comprehensive, acceptable HSP will be considered a material failure to comply with the requirements of the RFP and will result in rejection of the submittal. The HUB Subcontracting Plan shall be submitted with the RFP response by the date and time specified.

For information regarding the HUB Subcontracting Plan requirements, please contact Rex Janne at 979-845-4570 or via email at r-janne@tamu.edu . Documents attached are the State of Texas HUB Subcontracting Plan from, HSP Quick Checklist and Prime Contractor Progress Assessment Report (PAR) forms. The State of Texas HSP forms can also be found at the following site: http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ .


    1. Evaluation Criteria for Award



      1. Evaluation Information

Texas A&M will utilize an evaluation team for the evaluation of this RFP. Texas A&M will evaluate and make the award on the proposal that is determined to be the best value to Texas A&M and the State based on, but not limited to the criteria listed below.

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

Provide the contact person within your company for the purposes of this RFP.


  • Name:

  • Address:

  • Telephone #:

  • E-mail:

By submitting a proposal, Respondent acknowledges and accepts [a]the evaluation process, [b] the evaluation factors listed in the RFP (Section 2), [c] the scope of this engagement (Section 1), [d] the terms and conditions of the Agreement (Section 4), [e] all other requirements and specifications set forth in this RFP, and [e] that some subjective judgments must be made by Texas A&M during this RFP process.

Texas A&M may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Submission of proposals indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by Texas A&M during the evaluation process. Texas A&M reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

Should Texas A&M be unable to agree on final Agreement terms and conditions with the highest ranked Respondent, a Texas A&M representative(s) will then negotiate with the second-ranked Respondent or reissue the same or modified version of this RFP.

Texas A&M reserves the right to reject any and all proposals.


      1. Presentations

Respondent may be requested to provide an on-site (preferred) or webinar presentation. Possible timeframe for presentations is stated in Section 1.5. Texas A&M has the right to limit the number of Respondents selected to give a presentation and does not guarantee there will be an opportunity for a presentation.


      1. Evaluation Criteria and Weights

The following evaluation matrix will be utilized for this RFP. Additional points may be given to Respondents based on presentations (if applicable) or a ranking may be utilized to determine the final selection after all presentations. All contents and aspects of the presentations may be used in the evaluation process as Texas A&M deems necessary.


Evaluation Criteria

Percent of Total




Proposed Approach (Section 2.2)

40%

Respondent Experience (Section 2.3)

30%

Pricing (Section 2.4)

30%

Total


100%



      1. Award

Texas A&M reserves the right to accept or reject any, part or all proposals, to waive informalities and technicalities, to accept the proposal considered most advantageous, or to make the award to the most responsive Respondent as determined by the process described above.

SECTION 3

GENERAL INFORMATION



  1. Submittal Deadline and Location

All responses must be received by Texas A&M no later than October 21, 2014 by 2:00 p.m. CDT.


Responses are to be submitted to:



U. S. POSTAL SERVICE:

Texas A&M University


Procurement Services

P. O. Box 30013

College Station, TX 77842-3013


HAND DELIVER AND/OR

EXPRESS MAIL/FED EX/UPS TO:
Texas A&M University

Procurement Services

Agronomy Road

College Station, TX 77843-1477




Late responses properly identified will be returned to Respondent unopened. LATE RESPONSES WILL NOT BE CONSIDERED UNDER ANY CIRCUMSTANCES.


  1. Proposal Components

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



  • Signed Execution of Offer (see Section 6)


  • Signed Non-Collusion Affidavit (Section 7)

The Execution of Offer and Non-Collusion Affidavit must be signed by Respondent’s company official authorized to commit such responses. Failure to sign these documents may be basis for response disqualification.

  • HUB Subcontracting Plan, (Section 2.5)

  • Approach (Section 2.2)

  • Respondent Experience (Section 2.3)

  • Pricing (Section 2.4)


Respondent shall provide one (1) original, one (1) copy and seven (7) virus free Thumb Drives (or USB drive) copies of the complete RFP response as specified above.

All copies must either be in Microsoft Office Software or Adobe Portable Document Format (PDF). All image files must be in one of the following formats: .jpg, .gif, .bmp, or .tif. We prefer image files to already be inserted as part of a document such as a PDF. Individual image files on the CD must be clearly named and referenced in your proposal response. Please create a text file in your root directory titled “table of contents.txt” that contains a brief explanation of the files and their layout found on the disc.




NOTE: The original signature on ONE (1) hard copy will serve as the official signature of record for all CD copies.

Response package (box/carton) must indicate on the lower left-hand corner the Respondent’s company name, the proposal opening date, and RFP number. Telephone and/or facsimile (Fax) responses to this RFP are NOT acceptable.




  1. Texas A&M Contacts

All questions must be sent by email to:


Tonya Laird

Email: t-laird@tamu.edu
Texas A&M specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individual.


  1. Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and e-mailed, faxed or mailed to all parties recorded by Texas A&M as having received a copy of the RFP. All such addenda issued by Texas A&M prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal.


Only those Texas A&M replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.


  1. Electronic State Business Daily

It is the responsibility of interested Respondents to regularly check the ESBD website for any possible addenda to this project. The RFP is inclusive of all addenda issued.



http://esbd.cpa.state.tx.us


  1. Confidentiality

In accordance with the Texas Public Information Act, proposals could be subject to public review after the agreements have been fully executed.  Respondents responding to this RFP are cautioned not to include any proprietary information as part of their proposal unless such proprietary information is carefully identified as such in writing, and Texas A&M accepts, in writing, the information as proprietary.


Respondents are hereby notified that Texas A&M strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General regarding the disclosure of RFP information.


  1. Vendor Setup Forms

Substitute W-9

Texas A&M requires all Respondents and individuals (not employees or students) to have a Substitute W-9 form on file. This form is needed for IRS compliance.

Step 1: You can obtain the Substitute W-9 form from the Texas A&M Financial Management Operations website at: http://fmo.tamu.edu/media/65345/substitutew9.pdf
Step 2: Respondent must fill out the form completely and mail the original to:

Texas A&M University

Financial Management Services

Accounts Payable

6000 TAMU

College Station, TX. 77843-6000


Direct Deposit

All Respondents are encouraged to sign up for direct deposit. The direct deposit form is located at: http://fmo.tamu.edu/media/65324/74-176.pdf




  1. Terms and Conditions

The Terms and Conditions (ref. Section 4) shall govern any Agreement issued as a result of this RFP.


Additional or attached terms and conditions which are determined to be unacceptable to Texas A&M may result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.


SECTION 4

GENERAL TERMS AND CONDITIONS




  1. General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this RFP.

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

Texas A&M reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous and award based on the evaluation criteria. Additionally, all respondents are hereby notified that Texas A&M shall consider all factors it believes to be relevant. Texas A&M’s decision is final.

Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.
Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal.
The Respondent agrees to protect the State from claims involving infringement of patents or copyrights.
The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).
Proposals and any other information submitted by Respondent in response to this RFP shall become the property of Texas A&M.
Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by Texas A&M at its option.
Respondent agrees to perform all obligations and render services set forth per this proposal.


  1. Default

In the event that the Respondent fails to carry out or comply with any of the terms and conditions of the agreement with Texas A&M, Texas A&M may notify the Respondent 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 Respondent fails to remedy such failure or default within the ten (10) day period, Texas A&M shall have the right to cancel the agreement upon thirty (30) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not effect or relieve Respondent from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by Texas A&M shall not limit any other right or remedy available to Texas A&M at law or in equity.



  1. Termination




      • For Convenience: The agreement may be terminated, without penalty, by Texas A&M without cause by giving sixty (60) days written notice of such termination to the Respondent.




      • For Cause: Texas A&M may terminate the agreement for cause based upon the failure of the Respondent to comply with the terms and or conditions of the agreement; provided that Texas A&M shall give the Respondent written notice specifying their failures. If within fifteen (15) days after receipt of such notice the Respondent shall not have corrected such failure and thereafter proceeded diligently to complete such correction, then Texas A&M may, at its option, place the Respondent in default and the agreement shall terminate on the date specified in such notice.




      • In no event shall such termination by Texas A&M as provided for under this Section give rise to any liability on the part of Texas A&M including, but not limited to, claims of Respondent for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. Texas A&M’s sole obligation hereunder is to pay Respondent for products and/or services ordered and received prior to the date of termination.




  1. Agreement Amendments

No modification or amendment to the agreement shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the agreement must be forwarded to the Texas A&M Department of Procurement Services for prior review and approval. Only the contract administrator within Procurement Services or his/her designee will be authorized to sign changes or amendments.



  1. Independent Vendor Status

Respondent agrees that Respondent and Respondent’s employees and agents have no employer-employee relationship with Texas A&M. Texas A&M shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Texas A&M furnish any medical or retirement benefits or any paid vacation or sick leave.




  1. Right to Audit

At any time during the term of this agreement and for a period of two (2) years thereafter Texas A&M or duly authorized audit representative of Texas A&M, or the Texas A&M University System, at its expense and at reasonable times, reserves the right to incrementally audit Respondent’s records and manufacturer’s pricing relevant to all pricing provided under this agreement. In the event such an audit by Texas A&M reveals any errors/overpayments by Texas A&M, Respondent’s shall refund Texas A&M the full amount of such overpayments within thirty (30) days of such audit findings, or Texas A&M at its option, reserves the right to deduct such amounts owing Texas A&M from any payments due Respondent.




  1. Sales and Use Tax

Texas A&M, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Respondent may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.




  1. Observance of Texas A&M Rules and Regulations

Respondent agrees that at all times its employees will observe and comply with all regulations of Texas A&M, including but not limited to parking and security regulations.



  1. Non-Disclosure

Respondent and Texas A&M acknowledge that they or their employees may, in the performance of the resultant agreement 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 organizations, whether or not directly or indirectly affiliated with Respondent or Texas A&M unless required by law.




  1. Publicity

Respondent agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of Texas A&M’s name in connection with any sales promotion or publicity event without the prior express written approval of Texas A&M.




  1. Severability

If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.




  1. Non-Waiver of Defaults

Any failure of Texas A&M at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Texas A&M at any time to avail itself of same.




  1. Governing Law

This agreement shall be construed and governed by the laws of the State of Texas.




  1. Dispute Resolution

The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by Owner and Respondent to attempt to resolve any claim for breach of contract made by Respondent that cannot be resolved in the ordinary course of business. Respondent shall submit written notice of a claim of breach of contract under this Chapter to the Texas A&M Contracts Officer, who shall examine Respondent’s claim and any counterclaim and negotiate with Respondent in an effort to resolve the claim.



  1. Indemnification

Respondent agrees to indemnify and hold the State of Texas, the Board of Regents of Texas A&M University System, Texas A&M, their officers, employees, and agents (the Indemnified Parties) harmless from and indemnify each against any and all liabilities, actions, damages, suits, proceedings, judgments, and costs (excluding attorney’s fees) for claims resulting from the acts or omissions of Respondent or the acts or omissions of others under Respondent’s supervision and control.




  1. Other Benefits

It is understood and agreed that no benefits, payments or considerations received by Respondent for the performance of services associated with and pertinent to the resultant agreement 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.




  1. Intellectual Property

Pursuant to the Agreement, Texas A&M will license specified uses of certain of its intellectual property and assets during the Term of the Agreement, as contemplated herein. However, Texas A&M shall, in all cases, retain exclusive ownership of any and all such intellectual property and assets, including any and all derivative property and assets developed during the Term of the Agreement. The Respondent shall acknowledge Texas A&M's ownership of its intellectual property in the Agreement and shall agree to assign any and all such intellectual property to Texas A&M at the expiration or termination of the Agreement, if requested by Texas A&M.



SECTION 5

CONTRACTUAL REQUIREMENTS


  1. Insurance Requirements


  1. The successful Respondent will be required per the indicated requirements (Section 5.1.3) to provide proof of insurance prior to beginning any work on the campus of Texas A&M. The Respondent will be held strictly liable for any damages to Texas A&M property occurring during any work provided on campus.





  1. Respondent shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by Texas A&M. Insurance coverage shall provide for a thirty day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must include a notice that the policy or policies do contain these provision. Acceptance of insurance certificates by Texas A&M shall not relieve or decrease the liability of the Respondent. Unless otherwise specified, the Respondent shall provide and maintain, until the work included in this RFP is completed an accepted by Texas A&M.



  1. Requirements: The [Respondent] shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas and currently rated A- or better by A.M. Best Company or otherwise acceptable to Texas A&M. By requiring such minimum insurance, Texas A&M shall not be deemed or construed to have assessed the risk that may be applicable to the [Respondent] under this Agreement. The [Respondent] shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. The [Respondent] is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Required insurance shall not be cancelable without thirty (30) days’ prior written notice to Texas A&M.


Coverage Limit


  1. Worker’s Compensation

Statutory Benefits (Coverage A) Statutory

Employers Liability (Coverage B) $500,000 Each Accident

$500,000 Disease/Employee

$500,000 Disease/Policy Limit

If this coverage is waived by System Risk Management, the Respondent, their employees and sub-contractors must sign hold harmless and indemnification agreement.


  1. Automobile Liability

Owned Vehicles $1,000,000

Non-owned Vehicles $1,000,000

Hired Vehicles $1,000,000


  1. Commercial General Liability

Aggregate Limit $2,000,000

Each Occurrence Limit $1,000,000

Products / Completed Operations $1,000,000

Personal / Advertising Injury $1,000,000

Damage to rented Premises $100,000

Medical Payments $5,000


Additional Endorsements

The Auto and Commercial General Liability Policies shall name the Texas A&M University System Board of Regents for and on behalf of The Texas A&M University System as additional insured.




  1. Certificates of Insurance must be delivered or mailed to:

Texas A&M University

Department of Procurement Services

Attn: Rick Wolf

P.O. Box 30013

College Station, TX 77842-3013



  1. Parking

Parking on the Texas A&M Law School Campus:



  • Visit transport.tamu.edu for parking information at Texas A&M Univrsity in College Station.



  1. Payment




  1. Billing Address

Invoices and/or payment for services performed under this Agreement shall be submitted to:


Texas A&M University
Financial Management Operations
ATTN: Accounts Payable
750 Agronomy Road - Suite 3101
6000 TAMU
College Station, TX 77843-6000
United States


  1. Billing Resolutions

In the case of a problem on a disputed invoice or charge, the Respondent will provide necessary information, i.e. duplicate invoice, shipping information and proof of delivery at no extra charge to Texas A&M within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated.




  1. Payment




      • Payment schedule to be agreed upon prior to formal execution of agreement.

      • Payment shall be made within thirty (30) days after acceptance of goods and/or services and receipt of invoice, whichever is later, and according to the agreed upon schedule. Texas A&M will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

      • Texas A&M may withhold any moneys claimed to be due by the Respondent until the terms of the Agreement have been fulfilled and the work of the Respondent has been accepted.

SECTION 6


EXECUTION OF OFFER
In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.
6.1 Respondent Affirmation

Signing this proposal with a false statement is a material breach of contract and shall void the submitted proposal or any resulting contracts, and the Respondent may be removed from all proposal lists. By signature hereon affixed, the Respondent hereby certifies that:

6.1.1. The Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal.

6.1.2 The Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas.

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

6.1.4 Neither the Respondent nor the firm, corporation, partnership or institution represented by the Respondent, or anyone acting for such firm, corporation or institution 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 made to any competitor or any other person engaged in such line of business.

6.1.5 The Respondent has not received compensation for participation in the preparation of the specifications for this Invitation for Proposal.

6.1.6 The Respondent shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, from any acts or omissions of Respondent or any agent, employee, sub-contractor, or Respondent of Respondent in the execution or performance of this purchase order.

6.1.7. Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

6.1.8. Respondent certifies that they are in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, Respondent will complete the following information in order for the proposal to be evaluated:

Name of Executive:

Name of State Agency:

Date of Separation from State Agency:

Position with Respondent:

Date of Employment with Respondent:

6.1.9. Respondent agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas.


6.2 Texas Family Code Section 231.006
Ineligibility to Receive State Grants or Loans, or Receive Proposals or Payments on State Contracts.

6.2.1. 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 ownership interest of at least 25 percent is not eligible to:

6.2.1.1. receive payments from state funds under a contract to provide property, materials, or services: or

6.2.1.2. receive a state-funded grant or loan.

6.2.2. A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until:

6.2.2.1. all arrearages have been paid; or

6.2.2.2. the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency.

6.2.3. Pursuant to Section 231.006 (c), Family Code, proposal should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the proposal. Respondents that have pre-registered this information on the TPASS Centralized Master Bidders List have satisfied this requirement. If not pre-registered, attach name & social security number for each person. Otherwise this information must be provided prior to contract award.

6.2.4. “Pursuant to Section 231.006, Family Code, re: child support, the Respondent certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

6.2.5. If a state agency determines that an individual or business entity holding a state contract is ineligible to receive payment under Section (a) the contract may be terminated.

6.2.6. If the certificate required under Subsection (d) is shown to be false, the Respondent is liable to the state for attorney’s fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 82, eff. Sept. 1, 1995.
6.3 Signature
Proposal should give Payee Identification Number (PIN) (Formerly Vendor ID), full firm name and address of Respondent (enter in block provided if not shown). Failure to manually sign proposal will disqualify it. The person signing the proposal should show title or authority to bind his/her firm in contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.
This offer consists of pages number (1) through
Payee Identification Number (PIN):

Sole Owner should also enter social security No.:

Respondent/Company:

Signature (INK):

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No.:

Fax No.:

E-mail:

Other preferences as defined in Rule 34 TAC 20.38 (check any that are applicable)

(__) Supplies, materials, equipment, or services produced in TX/ offered by TX bidders

(__) Agricultural products produced or grown in TX

(__) Agricultural products and services offered by TX bidders

(__) USA produced supplies, materials, or equipment

(__) Products of persons with mental or physical disabilities

(__) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

(__) Energy efficient products

(__) Rubberized asphalt paving material

(__) Recycled motor oil and lubricants

(__) Products produced at facilities located on formerly contaminated property

(__) Products and services from economically depressed or blighted areas


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.
SECTION 7

NON-COLLUSION AFFIDAVIT

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

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

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.
CONFLICT OF INTEREST
The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TEXAS A&M, nor any employee, or person, whose salary is payable in whole or in part by TEXAS A&M, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.
Signature ____________________________________________
Respondent Name ____________________________________________
Date _______________________
_____________________________________

Subscribed and sworn to before me this


__________ day of ________________, 2013.
Notary Public in and for the County of _____________________________, State of
___________________. My commission expires: __________________________

SECTION 7 MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE REJECTION OF YOUR PROPOSAL.






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