MEDICAL COLLEGE ADMISSIONS TEST (MCAT) PREPARATION-mcat... · MEDICAL COLLEGE ADMISSIONS TEST...

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DEPARTMENT OF PROCUREMENT SERVICES

PURCHASING DIVISION

REQUEST FOR PROPOSAL

(RFP) 717-20-727

MEDICAL COLLEGE ADMISSIONS TEST

(MCAT) PREPARATION

YOUR PROPOSAL RESPONSE MUST BE IN THE DEPARTMENT OF PROCUREMENT SERVICES, PURCHASING DIVISION NO LATER THAN

10:00 A.M. CENTRAL TIME, ON FRIDAY, MARCH 13, 2020 (PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED WILL NOT BE

ACCEPTED)

PROPOSALS MUST BE RECEIVED PRIOR TO THE DEADLINE AT THIS ADDRESS, AND CLEARLY MARKED:

TSU PURCHASING DEPARTMENT

3100 CLEBURNE STREET HANNAH HALL, SUITE 333E

HOUSTON, TX 77004 RFP # 717-20-728

RFP TITLE: HANNAH HALL RESTROOM RENOVATIONS ATTN: KISTEN RHODES

2 | RFP 717-20-727, MEDICAL COLLEGE ADMISSIONS TEST (MCAT) PREPARATION

Request for Proposals for the work identified below in accordance with Proposal Documents and addenda will be available on the Electronic State Business Daily (ESBD) until proposal closing date and time, as identified below. Proposals from Respondents will then be opened in public and read aloud.

GENERAL INFORMATION: SCOPE/PROJECT MANUAL: The State of Texas, by and through Texas Southern University (TSU), seeks REQUEST FOR PROPOSALS to establish a contract with a qualified company to provide RFP 717-20-727, MEDICAL COLLEGE ADMISSIONS TEST (MCAT) PREPARATION to the university, in accordance with the specifications contained in this Request For Proposal (RFP). CONTRACT TERM: The timeframe for the completion of this project is until accepted completion by the university. A timeline or schedule of events will be required from the vendor. Time schedule and cost proposal should be in real-time and dollars, as no change orders will be allowed on this project. DEFINITIONS. The following is a list of generic definitions to be used only if the terms appear in the RFP: (a) Acceptable Quality Level - The level of performance of requested services below which the

contract will not be paid or damages may be assessed.

(b) Addendum - A modification of the specifications issued by TSU and distributed to prospective Respondents prior to the opening of responses.

(c) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions

to the originally submitted Proposal. (d) Contract – The contract awarded as a result of this RFP and all exhibits thereto. This RFP,

any Addendum issued in conjunction with this RFP, the successful Respondent’s Proposal, any BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits.

(e) Contractor – Respondent whose Proposal results in a contract with TSU. (f) Electronic State Business Daily (ESBD) – The Electronic State Business Daily, which is

available on-line at Texas Smart Buy: http://www.txsmartbuy.com/sp.

(g) Gov’t Code – Texas Government Code. (h) Proposal – The response submitted by a vendor to TSU as a result of this solicitation.

(i) Respondent/Offeror – Any person or vendor who submits a Proposal in response to this solicitation.

(j) RFP – Request for Proposals, which is the type of solicitation embodied in this document.

(k) TAC – Texas Administrative Code, which is the publication for administrative rules.

http://www.txsmartbuy.com/sp


OWNER: Texas Southern University

3100 Cleburne St Houston, TX 77004

BUYER OF Kisten Rhodes, Sr. Buyer/ HUB Coordinator RECORD: 3100 Cleburne St, Hannah Hall Ste 333 Houston, TX 77004 [email protected] Phone 713-313-1963 Facilitator of RFP and Primary Contact PROJECT: MEDICAL COLLEGE ADMISSIONS TEST (MCAT) PREPARATION

LOCATION: 3100 Cleburne St, Houston, Texas 77004

PREPROPOSAL None will be held for this project MANDATORY CONFERENCE:

LOCATION: Not applicable to this RFP

DEADLINE FOR Q&A: Wednesday, March 04, 2020 at 12:00PM Questions are to be e- DATE AND TIME: mailed directly to the Buyer of Record. You are not to contact

the Project Manager or Consultant with questions. BLACK OUT PERIOD: Wednesday, March 04, 2020 at 12:01PM. No additional questions

will be answered via any format at this time. NO EXCEPTIONS, CONTINUOUS REQUESTS DURING THIS PERIOD THROUGH CONTRACT AWARD MAY LEAD TO IMMEDIATE DISQUALIFICATION.

PROPOSAL DATE: Friday, March 13, 2020@ 10:00AM AND TIME: LOCATION OF Texas Southern University PROPOSAL OPENING: 3100 Cleburne St Hannah Hall, Ste 333

Houston, TX 77004 ATTN: Kisten Rhodes Clearly label all proposals with a contact person, a business card will suffice affixed to the proposal. Please ensure that you receive a receipt with time/date stamped for your records and sign in on the bid register located at the front desk of the department.

mailto:[email protected]


Proposal Documents may be obtained at the Electronic State Business Daily (ESBD) located at the following link: http://www.txsmartbuy.com/sp The Owner reserves the right to reject any and all PROPOSALS and to waive any irregularities in the PROPOSAL process. REVISIONS TO SCHEDULE. TSU reserves the right to change the dates in the schedule of events above upon written notification through a posting on the Electronic State Business Daily (ESBD) and the TSU Purchasing website. It is the responsibility of interested parties to periodically check either website for updates to the RFP prior to submitting a Proposal. The Respondent’s failure to check the website will in no way release the selected Respondent from the requirements of addenda or additional information; nor will any resulting additional costs to meet the requirements be allowed after award(s). PROPOSAL REQUIREMENTS. 1. Submissions: Respondents shall submit Three (3) original, signed, spiral-bound counterparts

of the Proposal response. Proposal should be no more than Thirty-five (35) pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the Proposal as indicated in the Specifications.

2. One (1) electronic submittal on flash drive of the Proposals in PDF format no larger than

Forty-five (45) MB. This format should be an exact reflection of the hard-copy preferably with no encryptions or password protected. The company name should be labeled on the drive by the submitting respondent.

3. The cover, table of contents, divider sheets, sample documents, HSP, Execution of Offer and

Cost and Delivery Proposal do not count as printed pages. 4. Format of Proposals - Firms will be expected to provide the following information in the order

and detail prescribed below. Each section should be tabbed accordingly:

Introduction Letter (2-page maximum) Tab 1: Criteria 1 Tab 2: Criteria 2 Tab 3: Criteria 3 Tab 4: Conflict of Interest Questionnaire Tab 5: Insurance Document Tab 8: HUB plan (IF APPLICABLE) Tab 9: Exhibit A, Execution of Offer Tab 10: Exhibit B, TSU Terms & Conditions Tab 11: Attachment A, Price and Delivery Proposal Tab 12: Other requested documents Tab 13: Addenda

5. Cost of Preparation: TSU will not reimburse the Respondent for any cost related to its Proposal. The Respondent is responsible for any expense related to the preparation and submission of its Proposal.



6. TSU will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type at least 14 point font.

7. Respondent’s and encouraged to thoroughly review the entire bid document to ensure that

all requested documents, attachments, etc., are included in the response.

8. Failure to adhere to these instructions may lead to the disqualification of submittals. Please ensure upon delivery that you sign in on the receipt log located at the submittal site. You should also receive a date-stamped receipt when you submit your proposals to Hannah Hall!


INQUIRIES: 1. All inquiries shall be submitted in writing (in Word format) via e-mail to Ms. Kisten Rhodes at

[email protected] by 12:00 PM, CENTRAL STANDARD TIME, ON WEDNESDAY, MARCH 4, 2020; the date listed as the deadline for submission of questions as specified above. THE UNIVERSITY BLACK-OUT PERIOD WILL BEGIN AT 12:01 PM ON WEDNESDAY, MARCH 4, 2020. NO ADDITIONAL QUESTIONS WILL BE ACCEPTED BY PHONE, MAIL OR E-MAIL AFTER THAT TIME THROUGH CONTRACT EXCECUTION. ANY ATTEMPTS MADE IN THAT REGARD TO CONTACT THE OWNER, CONSULTANT(S), PROJECT MANAGER, ETC., DURING THE BLACK-OUT PERIOD MAY RESULT IN IMMEDIATE DISQUALIFICATION.

2. All inquiries will result in written responses with copies posted to the Electronic State Business

Daily, as well as the TSU Purchasing website. If a Respondent does not have Internet access, a copy of all written responses may be obtained through the point of contact listed above.

3. Except as otherwise provided in this Section, upon issuance of this RFP, other employees

and representatives of TSU will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

4. If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be

specifically and clearly identified by Section in Respondent’s Proposal in response to this RFP and Respondent’s proposed alternative must also be provided in the Proposal. Respondents cannot take a ‘blanket exception’ to this entire RFP. If any Respondent takes a blanket exception to this entire RFP or does not provide proposed alternative language, the Respondent’s Proposal may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

PROPOSAL SUBMISSION: 1. All Proposals shall be received and documented in the Purchasing Office at TSU prior to the

stated deadline date specified in the Schedule of Events above. TSU reserves the right to reject late submittals.

2. Proposals should be placed in a separate envelope or package and correctly identified with

the RFP number and title, and submittal deadline/RFP opening date and time. It is Respondent’s responsibility to appropriately mark and deliver their Proposal response to Kisten Rhodes in the Purchasing Office located in Hannah Hall, suite 333, by the specified date and time. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

3. Telephone, email and facsimile Proposals will not be accepted. 4. Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of

each addendum with the submitted Proposal.


SUB-CONTRACTING The services offered to be undertaken in response to this RFP shall be undertaken to be provided by the vendor directly employing their employees, and there shall not be any sub-contracting done by the vendor. DELIVERY OF PROPOSALS: Proposals are commonly shipped to TSU by one of the following methods: U.S. Postal Service, Fed Ex Overnight / Express Mail, or Hand Delivery (recommended) ** Please instruct you currier to not go to our Post Office nor our Warehouse / Central Receiving as this would delay delivery and could ultimately result in your response being late and rejected. All solicitation responses must be delivered to the TSU Purchasing Office located in room 333 in Hannah Hall, our main administration building – without exception. PROPOSAL OPENING: 1. Proposals will be opened by the assigned buyer in their office or their department conference

room, whichever is most appropriate and available. 2. All submitted Proposals become the property of TSU after the RFP submittal deadline. The

submitted Proposals and accompanying documentation will not be returned. 3. Proposals submitted shall constitute a Proposal for a period of ninety (90) days or until

selection is made by TSU, whichever occurs earlier. PROPOSAL EVALUATION AND AWARD: 1. TSU shall award a contract to a Respondent whose Proposal is considered to provide the

best value to the State of Texas and Texas Southern University, as defined by Tex. Government Code, Section 2155.074.

2. A committee will be established to evaluate the Proposals. The committee will include

employees of TSU and other persons invited by TSU to participate. 3. TSU reserves the right to award contract(s) without any negotiations, without a BAFO, and/or

TSU reserves the right to not make an award at all. 4. The Respondent is strongly encouraged to provide its best price in its Proposal because TSU

makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process.

5. The evaluation committee will determine best value by applying the following criteria and

assigned weighted values:

WEIGHT CRITERIA 20% Qualifications & Experience of Personnel and Project Team 35% Timetable/Schedule of Events 45% Cost Proposal 100% TOTAL


The evaluation committee will determine if Best and Final Offer (BAFO) are necessary. Award of a contract may be made without a BAFO, so you are encouraged to submit your best Proposal Initially. A request for a BAFO is at the sole discretion of TSU and if requested, will be extended COMMODITY CODE: The NIGP / State of Texas commodity code for this solicitation is 924 - 00 *Please sign this Document and include it in your response. Your signature will signify your

acknowledgement / receipt of these instructions.

Signature


CONFLICTS OF INTEREST (SEE SECTION 00 40 18 OF THE CONSULTANT’S PROJECT MANUAL: Actual and Perceived Conflicts By submitting a Proposal, the Respondent represents and warrants that neither it nor its employees and subcontractors have an actual or potential conflict of interest in entering a Contract with the TSU. The Respondent also represents and warrants that entering a Contract with the TSU will not create the appearance of impropriety. In its Proposal, the Respondent shall disclose any existing or potential conflict of interest that it might have in contracting with the TSU. The requirement to disclose any actual or potential conflict of interest shall continue during the term of the contract, and shall survive until the end of the recordkeeping requirement in B.7.4. TSU will decide, in its sole discretion, whether an actual or perceived conflict should result in Contract termination.

Current and Former TSU Employees In addition to the disclosures required above, the Respondent shall also disclose any of its personnel who are current or former officers or employees of the TSU or who are related, within the third degree by consanguinity (as defined by §573.023, Gov’t Code) or within the second degree by affinity (as defined by §573.025, Gov’t Code), to any current or former officers or employees of the TSU.

Respondents must comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code Chapters 572 and 573). Such “revolving door” provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on matters that the employee participated in during state service or matters that were in the employees’ official responsibility. Respondent, by signing this solicitation, certifies that it has complied with all applicable laws and regulations regarding former state employees.

Respondent must identify each employee who works for more than one staffing company at any facility and ensure that the employee’s cumulative weekly hours worked at all state facilities through any one staffing company does not exceed 40 hours per week.

The State of Texas Conflict of Interest form and Instructions can be obtained from the following

link provided by the Texas State Ethics Commission. The link to this form is as shown below

and must be completed and submitted with your Proposal:

https://www.ethics.state.tx.us/forms/CIQ.pdf

CONFLICT OF INTEREST QUESTIONNAIRE (INSTRUCTIONS) For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

https://www.ethics.state.tx.us/forms/CIQ.pdf


Local Government Code § 176.001(1-a): "Business relationship" means a connection between

two or more parties based on commercial activity of one of the parties. The term does not

include a connection based on:

a) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

b) a transaction conducted at a price and subject to terms available to the public; or c) a purchase or lease of goods or services from a person that is chartered by a state or

federal agency and that is d) subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a) (2) (A) and (B): A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

a) the vendor: b) has an employment or other business relationship with the local government officer or a c) family member of the officer that results in the officer or family member receiving taxable d) income, other than investment income, that exceeds $2,500 during the 12-month period e) preceding the date that the officer becomes aware that f) a contract between the local governmental entity and vendor has been executed; or g) the local governmental entity is considering entering into a contract with the vendor; h) has given to the local government officer or a family member of the officer one or more

gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

i) a contract between the local governmental entity and vendor has been executed; or j) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with:

a) a local governmental entity and: b) has an employment or other business relationship with a local government officer of that

local c) governmental entity, or a family member of the officer, described by Section

176.003(a)(2)(A); d) has given a local government officer of that local governmental entity, or a family

member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

e) has a family relationship with a local government officer of that local governmental entity. f) The completed conflict of interest questionnaire must be filed with the appropriate

records administrator not later than the seventh business day after the later of: g) the date that the vendor: h) begins discussions or negotiations to enter into a contract with the local governmental

entity; or i) submits to the local governmental entity an application, response to a request for

proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

j) the date the vendor becomes aware: k) of an employment or other business relationship with a local government officer, or a


l) family member of the officer, described by Subsection (a); m) that the vendor has given one or more gifts described by Subsection (a); or of a family

relationship with a local government officer.

COMPLIANCE WITH LAWS; DEALING WITH PUBLIC SERVANTS: The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants; (iii) §2155.003, Gov't Code, which prohibits the chief clerk or any other employee of the TSU from having an interest in, or in any manner be connected with, a contract or Proposal for a purchase of goods or services by an agency of the state or accept from any person to whom a contract has been awarded anything of value or a promise, obligation, or contract for future reward or compensation. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. Except where otherwise expressly required by applicable laws and regulations, TSU shall not be responsible for monitoring Respondent's compliance with any laws or regulations. If Respondent performs any work knowing or having reason to know that it is contrary to laws or regulations, Respondent shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of seven (7) years after the expiration of the Contract, or until TSU and/or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to TSU, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract VENDOR PERFORMANCE BEFORE AND AFTER AWARD In accordance with Texas Government Code §§ 2155.074 and 2262.055, vendor performance may be used as a disqualification factor in the award of any contract resulting from this solicitation.

Texas Southern University may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS) as authorized by 34 Texas Administrative Code § 20.108, TSU may examine other sources of Respondent performance including notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. These sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the federal government. Further, TSU may initiate these examinations of Respondent’s performance based upon media reports. Any investigations are at University’s sole discretion, and any negative findings, as determined by Texas Southern University may result in a non-award to Respondent. Information pertaining to VPTS is located on CPA’s website at: http://www.window.texas.gov/procurement/prog/vendor_performance/.

Additionally, per Texas Government Code § 2155.089, the University will review successful Respondent’s performance under a contract resulting from this solicitation after the contract is

http://www.window.texas.gov/procurement/prog/vendor_performance/


completed or otherwise terminated. These reviews and any resulting classification grades will be posted on the Vendor Performance Tracking System as noted in Texas Government Code § 2262.055. STATE OF TEXAS DEBARMENT In the event that Respondent has repeated unfavorable VPTS performance reviews, repeated unfavorable VPTS grading classifications, or has more than two contract terminations within the preceding three years for unsatisfactory performance, the Texas Comptroller of Public Accounts may bar a vendor from participating in state contracts for a period commensurate with the seriousness of Respondent’s action and the damage to the state’s interests. ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS REQUIRED BY 1 TAC CHAPTER 213(APPLICABLE TO STATE AGENCY AND INSTITUTIONS OF HIGHER EDUCATION PURCHASES ONLY): (1) Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

(2) Respondent shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). Respondents not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/. CONFIDENTIALITY AND SECURITY: Any information the Respondent receives, compiles, or creates as a result of the Contract must be maintained and protected in accordance with any federal, state, or local laws and regulations that apply. The Respondent shall establish a method to secure the confidentiality of records and other information relating to Customers in accordance with applicable federal and state laws, rules, and regulations. The obligations of the Respondent under this Confidentiality and Security section shall survive this Contract and shall be included in all subcontracts. VENDOR’S PERSONAL CONDUCT While performing the services, Vendor’s and sub-contractor’s personnel must comply with Applicable state rules, regulations, and Texas Southern University requests regarding personal and Professional conduct applicable to the service locations; and otherwise conduct themselves in a businesslike and professional manner. If Texas Southern University determines in good faith that a particular employee or sub-contractor’s employee is not conducting himself or herself in accordance with this Section, Texas Southern University may provide awarded Vendor with notice and documentation concerning such conduct. Upon receipt of such notice, Vendor must promptly investigate the matter and take appropriate action that may include:

Removing the employee from the project;

Providing Texas Southern University with written notice of such removal; and

http://www.buyaccessible.gov/

http://www.section508.gov/


Replacing the employee with a similarly qualified individual in a period acceptable to Texas Southern University.

Nothing in the Agreement will prevent Vendor, at the request of Texas Southern University, from replacing any personnel who are not adequately performing their assigned responsibilities or who, in the reasonable opinion of Texas Southern University staff, after consultation with Vendor, are unable to work effectively with the members of the Texas Southern University’s staff. In such event, awarded Vendor will provide replacement personnel with equal or greater skills and qualifications as soon as reasonably practicable. Replacement of key personnel will be subject to Texas Southern University review and approval. The parties will work together in the event of any such required replacement so as not to disrupt the overall project schedule.

Texas Southern University may request the Vendor to remove any employee for cause, including, but not limited to: poor or unacceptable performance of work, theft, abusive language or behavior, failure to prepare for performance, in accordance with the terms and conditions of the contract. Occurrences of this type may be cause for termination of the contract.

PUBLIC INFORMATION ACT DISCLOSURES Texas Southern University (TSU) is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The Proposal and other information submitted to the University the Contractor(s) are subject to release as public information by TSU. The Proposal and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Contractor to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Contractor must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire Proposal subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Contractor to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by the Contractor as proprietary or confidential will be deemed subject to disclosure pursuant to the PIA. Contractor will irrevocably deemed to have waived, and Contractor agrees to fully indemnify the State of Texas, Texas Southern University any claim of infringement by TSU regarding the intellectual property rights of Contractor or any third party for any materials appearing in the Proposal.

Contractor is required to make any information created or exchanged with a state governmental entity (as defined by Texas Government Code § 2252.907(d) pursuant to this Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in at least one of the following formats that is accessible by the public at no additional charge to the State of Texas, the University: portable document format (pdf) compatible with the latest version of Adobe Acrobat®; Microsoft Word®; Microsoft Excel®; or, hard copy (paper).

AGENCY POSTING OF CONTRACTS Without prior written notice to Respondent, the redacted Proposal submitted under Subsection 2 of Section B.2.7, Public Information Act Disclosures, may be posted on Texas Southern University’s website as part of the Contract per Texas Government Code § 2261.253(a).


IRREVOCABILITY OF THE PROPOSAL The Proposal is irrevocable for one hundred and twenty (120) calendar days following the identified Proposal Opening Date and Time. Texas Southern University may extend this period with Respondent’s written agreement. AMENDMENTS This Contract may be amended only upon written agreement between Texas Southern University and Respondent; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void. PUBLICITY Texas Southern University does not endorse any vendor, commodity, or service. News releases pertaining to this transaction and/or advertisements, publications, declarations and any other pronouncements by the Respondent using any means or media mentioning the State of Texas or the University must be approved in writing by the State of Texas, TSU as applicable, prior to public dissemination. Respondent may not send out unsolicited electronic mail or facsimile transmissions to TSU without prior written approval of the University Contract Manager, regardless of whether the proposed communication specifically references the awarded contract. BRAND NEW All assessments must be brand new and in direct relation to the criteria set forth in this RFP. No current production, and no assessment should be used nor refurbished from a previous project.

TERMINATION FOR FAILURE TO MEET SPECIFIED DELIVERY Should the Respondent consistently fail to meet the specified delivery, Texas Southern University reserves the right to cancel upon ten (10) days written notice. Texas Southern University specifically reserves the right to purchase these items elsewhere when delivery cannot be met and Texas Southern University deems it necessary to override the contractual agreement. ADDENDA, CHANGES AND MODIFICATIONS TO THIS PROPOSAL It is the respondent's responsibility to periodically check the Electronic State Business Daily (ESBD) website, VIA Texas Smart Buy http://www.txsmartbuy.com/sp or the TSU Purchasing website up until the offer opening time for any changes, modifications or addenda to this offer. Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal. Failure to do so could result in an offer submission that cannot be considered. AWARD: Texas Southern University intends to award in such a way as to gain the greatest benefit to the end result of this project and therefore the University. Texas Southern University will be the sole judge of what constitutes the most advantageous proposition to the University.

CRITERIA FOR AWARD: The evaluation of the Proposal will include the overall response to the Proposal, and will include, but is not limited to the “Best Value Standard for Purchase of Goods or Services” and any other factor Texas Southern University deems relevant. The University must be confident



that their needs can be met. The University will evaluate and make the award on the offer that is determined to be the best value to the University based on the criteria listed below. All Proposals must be complete and convey all of the information requested to be considered responsive. Considerations for award of this contract will include the factors in accordance with Government Code 2155.074. Best Value Standard for Purchase of Goods or Services are as follows:

(a) For a purchase of goods and services under this chapter, each state agency, including the comptroller, shall purchase goods and services that provide the best value for the state.

(b) In determining the best value for the state, the purchase price and whether the goods or

services meet specifications are the most important considerations. However, the Comptroller or other state agency may, subject to Subsection (c) and Section 2155.075, consider other relevant factors, including:

(1) Installation costs; (2) Life cycle costs; (3) The quality and reliability of the goods and services; (4) The delivery terms; (5) indicators of probable vendor performance under the contract such as past vendor

performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;

(6) The cost of any employee training associated with a purchase; (7) The effect of a purchase on agency productivity; (8) The vendor's anticipated economic impact to the state or a subdivision of the state,

including potential tax revenue and employment; and (9) Other factors relevant to determining the best value for the state in the context of a

particular purchase.

(c) A state agency shall consult with and receive approval from the comptroller before considering factors other than price and meeting specifications when the agency procures through competitive bidding goods or services with a value that exceeds $100,000. Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 14.16, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019. PROPOSAL EVALUATION AND AWARD: 1. TSU shall award a contract to a Respondent whose Proposal is considered to provide the

best value to the State of Texas and Texas Southern University, as defined by Tex. Government Code, Section 2155.074.

2. A committee will be established to evaluate the Proposals. The committee will include

employees of TSU and other persons invited by TSU to participate. 3. TSU reserves the right to award contract(s) without any negotiations, without a BAFO, and/or

TSU reserves the right to not make an award at all.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2155.075

http://www.legis.state.tx.us/tlodocs/86R/billtext/html/HB01524F.HTM


4. The Respondent is strongly encouraged to provide its best price in its Proposal because TSU

makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process.

5. The evaluation committee will determine best value by applying the following criteria and assigned weighted values.

WEIGHT CRITERIA 20% Qualifications & Experience of Personnel and Project Team 35% Timetable/Schedule of Events 45% Cost Proposal 100% TOTAL

The evaluation committee will determine if Best and Final Offer (BAFO) are necessary. Award of a contract may be made without a BAFO, so you are encouraged to submit your best Proposal initially. A request for a BAFO is at the sole discretion of TSU and if requested, will be extended in writing. INSURANCE AND OTHER SECURITY Acts or Omissions Contractor shall indemnify and hold harmless the State of Texas, Texas Southern University, and/or their officers, agents, employees, representatives, Contractors, assignees, and/or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of the Contractor or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. The defense shall be coordinated by Contractor with the office of the attorney general when Texas state agencies are named defendants in any lawsuit and Contractor may not agree to any settlement without first obtaining the concurrence from the office of the attorney general. Contractor and the University agree to furnish timely written notice to each other of any such claim. Infringements Contractor shall indemnify and hold harmless the State of Texas, Texas Southern University, and/or their employees, agents, representatives, Contractors, assignees, and/or designees from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the performances or actions of Contractor pursuant to this contract. Contractor and the University agree to furnish timely written notice to each other of any such claim. Contractor shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by Contractor with the Office of the Attorney General when Texas state agencies are named defendants in any lawsuit and Contractor may not agree to any settlement without first obtaining the concurrence from the Office of the Attorney General.

a) Contractor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Contractor’s written approval, (iii) any modifications made to


the product by the Contractor pursuant to Texas Southern University’s specific instructions, (iv) any intellectual property right owned by or licensed to TSU, or (v) any use of the product or service by the University that is not in conformity with the terms of any applicable license agreement.

b) If Contractor becomes aware of an actual or potential claim, provides Contractor with

notice of an actual or potential claim, Contractor may (or in the case of an injunction against Texas Southern University, shall), at Contractor’s sole option and expense; (i) procure for the University the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that TSUs use is non-infringing.

Taxes/Workers’ Compensation/Unemployment Insurance – Including Indemnity Contractor agrees and acknowledges that during the existence of this contract, Contractor shall be entirely responsible for the liability and payment of Contractor’s and Contractor's employees’ taxes of whatever kind, arising out of the performances in this contract. Contractor agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. The state of Texas, Texas Southern University shall not be liable to the Contractor, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers’ compensation or any benefit available to a state employee or employee of another governmental entity customer.

Contractor agrees to indemnify and hold harmless the state of Texas, Texas Southern University, and/or their employees, agents, representatives, Contractors, and/or assignees from any and all liability, actions, claims, demands, or suits, and all related costs, attorneys’ fees, and expenses, relating to tax liability, unemployment insurance and/or workers’ compensation in its performance under this contract. Contractor shall be liable to pay all costs of defense including attorneys’ fees. The defense shall be coordinated by Contractor with the office of the attorney general when Texas state agencies are named defendants in any lawsuit and Contractor may not agree to any settlement without first obtaining the concurrence from the Office of the Attorney General. Contractor and the University agree to furnish timely written notice to each other of any such claim. Contractor Liability for Damage to Government Property The Contractor shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Contractor and its employees, agents, subcontractors, and suppliers, including any delivery or Cartage Company, in connection with any performance pursuant to the Contract. The Contractor shall notify the TSU Contract Manager in writing of any such damage within one (1) calendar day. Force Majeure The University, any Customer, and the Respondent shall not be responsible for delays in performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the TSU, Customer or the Contractor.


In the event of an occurrence under this Section, the TSU, Customer or Contractor (parties) will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the party continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The party shall immediately notify the other party by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance.

INSURANCE AND OTHER SECURITY

Contractor represents and warrants that it will, within five (5) business days of executing this agreement, provide Texas Southern University with current certificates of insurance or other proof acceptable to Texas Southern University of the following insurance coverage: All certificates of insurance for required coverage other than workers compensation and professional liability must name the State of Texas and its Officers, Directors, and Employees as additional insured. Contractor shall:

(1) provide documentation to Texas Southern University TSU which should be included in your proposal at least thirty (30) calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver to TSU all renewal policies at least ten (10) calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

Contractor represents and warrants that all of the above coverage is with companies licensed in the state of Texas, with “A” rating from Best, and authorized to provide the corresponding coverage. Contractor also represents and warrants that all policies contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to Texas Southern University. Contractor represents and warrants that it shall maintain the above insurance coverage during the term of this Contract, and shall provide Texas Southern University with an executed copy of the policies immediately upon request.


Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Workers’ Compensation Statutory Limits

Employer’s Liability Bodily

Injury by Accident Bodily

Injury by Disease Bodily

Injury by Disease

$1,000,000 Each Accident

$1,000,000 Each Employee

$1,000,000 Policy Limit

Commercial General Liability

(occurrence based)

Bodily Injury and Property Damage

$1,000,000 Each Occurrence Limit

$2,000,000 Aggregate Limit

$5,000 Medical Expense each person

$2,000,000 Products/Completed

Operations Aggregate Limit

$1,000,000 Personal Injury and

Advertising Liability

$50,000 Damage to Premises Rented

Automobile Liability

All Owned, Hired and Non-Owned

Vehicles

$500,000 Combined Single Limit (for

each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence

Additional Insurance Additional insurance may be required by

Customer depending on Customer’s

particular circumstances and the

requirements of this bid. Customer will

identify this insurance when placing a

Purchase Order.

VENDOR CERTIFICATION / ACCEPTANCE OF INSURANCE REQUIREMENTS: The undersigned hereby certifies that he has read, understands, and agrees that acceptance by Texas Southern University of the bidder’s offer by issuance of a purchase order will create a binding legal contract. Further he agrees to fully comply with documentary forms herewith made a part of this specific procurement NAME OF COMPANY: ______ AUTHORIZED SIGNATURE: TYPED NAME & TITLE:


HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING PLAN: 1. Historically Underutilized Businesses: In accordance with Texas Government Code Sections

2161.181-182 and Section 111.11 – 111.28 of the Texas Administrative Code (“TAC”), Owner is required to make a good faith effort to utilize Historically Underutilized Businesses (“HUBs”) in contracts for construction services with an expected value of $100,000 or more. A copy of the HUB plan can be downloaded from the state website. Owner is committed to sponsoring mentor-protégé relationships for HUBs as outlined in Texas Government Code Section 2161.065 and TAC Title 34, Part 1, Chapter 20, Subchapter B, §20.28, and has been performing outreach to support this important effort.

2. Indicate HUB status of prime Contractor and/or each subcontractor, if any. 3. Consideration in the analysis of this RFP will be given to Contractors qualifying and whose

proposal is determined by the University to be economically advantageous. 4. Submitters who wish to be considered as a HUB and non-minority Contractors who utilize

certified Minority Business as subcontractors for purposes of this solicitation must provide documentation with their proposal as referenced in the HUB Subcontracting Plan.

5. The Performing Party further agrees to obtain and provide proper and necessary HUB

certification or to make a good faith effort to the total value of all purchases and contracts to certified HUBs.

6. Indicate the percentage of HUB participation that the prime Contractor commits to achieving

in any project assigned under this RFP. 7. List each HUB subcontractor and the estimated percentage of total. 8. Must be provided as a requirement of State mandates regardless of the amount of the

contract. 9. The Hub Sub-Contracting Plan (IF APPLICABLE TO PROPOSAL) may be located at the

following link:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

*Please sign this Document and include it in your response. Your signature will signify your acknowledgement / receipt of these instructions.

Signature: ___________________________________

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php


SCOPE OF WORK (SOW)

Programs:

I. Custom Program: Medical Class Achievement Test (MCAT) - In person II. Number of Classes: 1

III. Class Minimum: 10 IV. Class Size: 30 V. Tuition per Designated Student: _________________ VI. Requested Start Date: May 2020 through July 2020

VII. Location: Texas Southern University Campus VIII. Access Period: As set forth on the Custom Roster IX. Roster Deadline: April 16, 2020 X. Payment Method: School Pay

MCAT Courses Include:

a) 12 Sessions b) A complete MCAT Student Kit c) 10,000 + MCAT practice items, including 15 full-length practice tests d) The MCAT Channel e) Adaptive Qbank for MCAT and MCAT flashcard app f) Rosters should be submitted to the testing administrator:

Name, Phone and E-mail:

HERE'S WHAT THE COURSE WILL COVER

Chem/Phys 1 o Compounds, Stoichiometry, Organic Molecules, Newtonian Mechanics, Fluids o When you attend this class session, you'll cover High-Yield Science lessons on

Stereoisomers, VSPER Theory, and Fluid Dynamics. o You'll also cover the MCAT Skills lessons on Skill 1 (Science Knowledge) Basics,

MCAT Overview and Section Basics, and MCAT Study Skills.

CARS 1 o Reading Passages o When you attend this session, you'll cover the lessons on CARS Passage

Structure and Strategy, Argument Structure, and CARS Questions: Foundations of Comprehension.

Bio/Biochem 1 o Amino Acids, Enzymes, Proteins, Molecular Genetics o When you attend this class session, you'll cover the High-Yield Science lesson

on


Enzyme Kinetics. o You'll also cover the MCAT Skills lessons on Science Passage Strategy, Science

Questions: Assess and Plan, and Science Questions: Execute and Answer.

Psych/Soc 1 o Biological Bases of Behavior, Learning and Memory, Motivation, Emotion,

Formation of Identity, Research Design, Data Analysis o When you attend this class session, you'll cover High-Yield Science lessons on

Organization of the Human Nervous System, Associative Learning, Emotion, and Stages of Moral Reasoning.

o You'll also cover the MCAT Skills lessons on Skill 4 (Data Analysis) Basics and Math on the MCAT.

Chem/Phys 2 o Thermochemistry, Solutions, Acids & Bases, Electrostatics, Magnetism o When you attend this class session, you'll cover High-Yield Science lessons on

Reaction Rates, Solution Equilibria, and Electric Potential Energy. o You'll also cover the MCAT Skills lessons on Skill 2 (Critical Thinking) Basics and

MCAT Scientific Reasoning.

CARS 2 o Advanced Reasoning on the CARS Section o When you attend this session, you'll cover the lessons on Wrong Answer

Pathologies, CARS Questions: Reasoning within the Text, CARS Questions: Reasoning Beyond the Text, and Triage in the CARS Section.

Bio/Biochem 2 o Metabolism, Reproduction, Nervous System, Endocrine System o When you attend this class session, you'll cover High-Yield Science lessons on

The Menstrual Cycle and Action Potential. o You'll also cover the MCAT Skills lessons on CBT Tools and Clock Management,

Triage in the Science Sections, and Wrong Answer Types (Science).

Psych/Soc 2 o Psychological Disorders, Group Psychology, Social Behavior, Sociology o When you attend this class session, you'll cover High-Yield Science lessons on

Social Processes, Attribution Theory, and The Endocrine System. o You'll also cover the MCAT Skills lessons on Critique of Studies and

Conclusions, Concepts in Multiple Forms, and Stress Management.

Chem/Phys 3 o Electrochemistry, Organic Reactions, Aldehydes & Ketones, Carboxylic Acids,

Light & Optics o When you attend this class session, you'll cover High-Yield Science lessons on

Nucleophilic Acyl Substitution Reactions, Ideal Gases, Electrochemical Cells, and Geometrical Optics.


o You'll also cover the MCAT Skills lessons on Skill 1 (Science Knowledge) in

Action and Skill 2 (Critical Thinking) in Action.

Bio/Biochem 3 o Metabolic Regulation, Organ Systems, Immunity o When you attend this class session, you'll cover High-Yield Science lessons on

Hormonal Regulation of Metabolism and the Oxyhemoglobin Dissociation Curve. o You'll also cover the MCAT Skills lessons on Advanced Experimental Design,

Data Distributions, and Experimental Error and Uncertainty.

Science Capstone o Lab Techniques, Spectroscopy, Homeostasis, Musculoskeletal System, Genetics o When you attend this class session, you'll cover High-Yield Science lessons on

Acids and Bases, Solubility-Based Separations, Amino Acid Electrophoresis, the Central Dogma of Genetics, and Hardy–Weinberg Equilibrium.

o You'll also cover the MCAT Skills lessons on Skill 3 (Research Design) in Action and Skill 4 (Data Analysis) in Action.

Countdown to Test Day

Integrating Multiple Sciences, Test Day Performance

This final session will still give you a lot to discuss in class, but there is less homework before class than other sessions. Use the time before class to take Section Tests, follow your recommendations, or return to previous sessions for catch-up and review.

When you attend this class session, you'll cover High-Yield Science lessons on Kidney Function, Aerobic Metabolism, and Lipid Metabolism.

You'll also cover the MCAT Skills lessons on MCAT Science Strategies in Action, MCAT CARS Strategies in Action, and Test Day Readiness.

_____ School will make payment solely based on the terms of this SOW and will not issue a

separate purchase order _____ A purchase order is attached to this Scope of Work and is incorporated by reference

except to the extent that any purchase order term or condition is inconsistent with the Agreement and this Scope of Work

_____ Customer will issue purchase orders expressly referencing this agreement and this SOW. Purchase Orders shall be incorporated in this SOW except to the extent that any purchase order term of condition is consistent with the Agreement or this SOW. Purchase Orders must be received by the following deadlines four (4) weeks prior to the first class session for Live Classes; two (2) weeks prior to the Access Period start date for any program other than a Live Class.

_____ The Respondent will have to complete the TSU Vendor Agreement and applicable documents before any classwork can begin.


SAMPLE GENERAL ROSTER

THIS ROSTER IS SUBMITTED PURSUANT TO SOW #1:

PROGRAM STUDENT’S FIRST NAME

STUDENT’S LAST NAME

EMAIL ADDRESS

CLASS YEAR ACCESS

PERIOD TO

BEGIN ON:

TEXAS SOUTHERN UNIVERSITY:

BY: __________________________________________

DATE: ________________________________________

NAME: ________________________________________

TITLE: ________________________________________


SAMPLE CUSTOM ROSTER FOR LIVE CLASSES

THIS ROSTER IS PURSUANT TO SOW #1

PROGRAM: _________________________________________________________

LOCATION: _________________________________________________________

REQUESTED START DATE & SCHEDULE ________________________________

ACESS PERIOD: _____________________________________________________

DESIGNATED STUDENTS:

PROGRAM STUDENT’S FIRST NAME

STUDENT’S LAST NAME

EMAIL ADDRESS

CLASS YEAR ACCESS

PERIOD TO

BEGIN ON:

TEXAS SOUTHERN UNIVERSITY:

BY: __________________________________________

DATE: ________________________________________

NAME: ________________________________________

TITLE: ________________________________________


CRITERION ONE: QUALIFICATIONS & EXPERIENCE OF PERSONNELL AND PROJECT TEAM

Please thoroughly address your direct work experience in the legal field. You may insert your resume in this tab if you like.

Please provide references / client list (beginning with higher education please). Please include the names, email addresses and telephone numbers of each client so that references can be checked.

Please thoroughly address your education with respect to this position.

Please address your qualifications with respect to this position.

Please address any certifications, awards, memberships, publications, etc., that you have obtained throughout your career.

CRITERION TWO: TIMETABLE & SCHEDULE OF EVENTS

Please provide a thorough and complete timetable / schedule of events for the entire project, from the Project beginning to Project end. Please provide a total number of days to complete this project and take into consideration the University Holiday Schedule located at: http://hr.tsu.edu/benefits/holiday-schedule/

Determine the key start and end dates, major assumptions behind the assessment plan, and key constraints and restrictions. Include Texas Southern University’s expectations, which will often determine project milestones.

The Owner requires a minimum of one (1) dedicated on-site Team Lead for the duration of the Project. Please identify any other personnel assignments you propose for the

CRITERION THREE: COST PROPOSAL

The proposer shall furnish all resources and methods necessary and required to provide the system of the type and kind required in this RFP, in accordance with the Scope of Work, and the governing terms and conditions for the proposed price(s).

For the purposes of this RFP, Texas Southern University will review the overall rate structure to evaluate its reasonableness for the anticipated work. Failure to fully disclose any fees or cost and to comply with the requirements herein may be cause for Texas Southern University to reject, as non-compliant, a proposal from further consideration.

http://hr.tsu.edu/benefits/holiday-schedule/


EXHIBIT A EXECUTION OF OFFER

NOTE: THIS EXHIBIT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS THAT DO NOT INCLUDE THIS EXHIBIT WILL BE DISQUALIFIED. THE PROPOSAL SHALL BE VOID IF FALSE STATEMENTS ARE CONTAINED IN THIS EXHIBIT. By signature hereon, Contractor certifies that: All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate. Contractor 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 response. Neither Contractor nor the corporation, partnership, or institution represented by Contractor or anyone acting for such Contractor, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP. When a Texas business address shown hereon that address is, in fact, the legal business address of Contractor and Contractor qualifies as a Texas Resident Bidder under 1 TAC § 111.2. Under Government Code § 2155.004, no person who prepared the specifications or this RFP has any financial interest in Contractor’s Proposal. If Contractor is not eligible, then any contract resulting from this RFP shall be immediately terminated. Furthermore, “under Section 2155.004, Government Code, the vendor [Contractor] certifies that the individual or business entity named in this Proposal 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.” Under Family Code § 231.006, relating to child support obligations, Contractor and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Under Government Code § 669.003, relating to contracting with an executive of a state agency, Contractor represents that no person who, in the past four years, served as an executive of the Texas Comptroller of Public Accounts, Texas Southern University or any other state agency, was involved with or has any interest in this Proposal or any contract resulting from this RFP. If Contractor employs or has used the services of a former executive head of Texas Southern University or other state agency, then Contractor shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position with Contractor, and date of employment with Contractor. Contractor 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. Texas Southern University is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking


Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing contractors/vendors with the Federal General Services Administration’s System for Award Management (SAM), https://www.sam.gov/portal/SAM/##11 , which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Contractor certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Contractor is in compliance with the State of Texas statutes and rules relating to procurement and that Contractor is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/SAM/##11. Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a Proposal or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the Proposal or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the Contractor certifies that the individual or business entity named in this Proposal is not ineligible to receive the specified contract and acknowledges that any contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2262.003 of the Texas Government Code, the state auditor may conduct an audit or investigation of the vendor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Contractor or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Contractor or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards. The Contractor represents that, to the extent this Solicitation constitutes a contract for goods or services within the meaning of Section 2270.002 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2270 of the Texas Government Code, and subject to applicable Federal law, Contractor (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The term “boycott Israel” as used in this paragraph has the meaning assigned to it in Section 808.001 of the Texas Government Code, as amended.

https://www.sam.gov/portal/SAM/



PREFERENCES See Section 2.38 of the State of Texas Procurement Manual regarding preferences. Check below to claim a preference under 34 TAC Rule 20.38 ( ) Supplies, materials or equipment produced in TX or offered by TX bidder or TX bidder that

is owned by a service-disabled veteran * ( ) 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 ( ) Vendors that meet or exceed air quality standards ( ) Recycled or Reused Computer Equipment of Other Manufacturers ( ) Foods of Higher Nutritional Value

Contractor represents and warrants that the individual signing this Execution of Offer is authorized to sign this document on behalf of Contractor and to bind Contractor under any contract resulting from this Proposal.

EXHIBIT B

CONTRACTOR (COMPANY):

SIGNATURE (INK):

NAME (TYPED/PRINTED)

TITLE:

EMAIL ADDRESS:

PHYSICAL ADDRESS:

CITY/STATE/ZIP:

TELEPHONE:

FAX:

TEXAS IDENTIFICATION NUMBER (TIN):


TSU STANDARD TERMS AND CONDITIONS

(Items below apply to and become part of the bid. Any exceptions thereto must be in writing)

1. BIDDING REQUIREMENTS:

1.01. Bidders must comply with all rules, regulations and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

1.02. Bids should be submitted on this form. Bidders must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the bidder to establish formal linkage to the bid.

1.03. Bids must be received at the Texas Southern University (TSU) Purchasing Office on or before the hour and date specified for the bid opening.

1.04. Late and/or unsigned bids will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

1.05. Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications. 1.06. Bid prices are requested to be firm for TSU acceptance for 90days from bid opening date. "Discount from list"

bids are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

1.07. Bidder should enter Texas Identification Number System (TINS) number, full firm name and address of bidder on the face of this form. Enter in the space provided, if not shown. Additionally, firm name should appear on each continuation page of a bid, in the block provided in the upper right hand corner.

1.08. Bid cannot be altered or amended after opening time. Alterations made before opening time should be initialed by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by TSU based on an acceptable written reason.

1.09. Purchases made for TSU use are exempt from the State Sales tax and Federal Excise tax. Do not include tax in bid. Excise Tax Exemption Certificates are available upon request.

1.10. TSU reserves the right to make an award on the basis of low line item bid, low total of line items, or in any other combination that will serve the best interest of TSU and to reject any and all bid items at the sole discretion of TSU. TSU also reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interests of TSU. Any contract may also be extended up to three months at the sole discretion of TSU.

1.11. Consistent and continued tie bidding could cause rejection of bids by TSU and/or investigation for antitrust violations.

1.12. Inquiries pertaining to this RFP must include the requisition number, class/item codes, and opening date.

2. SPECIFICATION:

2.01. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under §2155.067, Texas Government Code (Gov't Code). If bidding on other than references, bid should show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require bidder to furnish specified brand names, numbers, etc.

2.02. Unless otherwise specified, items shall be new and unused and of current production. 2.03. All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing

from UL, FMRC or NEMA. 2.04. Samples, when requested, must be furnished free of expense to TSU. If not destroyed in examination, they

will be returned to the bidder, on request, at bidder's expense. Each sample should be marked with bidder's name and address, and bid number. Do not enclose in or attach bid to sample.

2.05. TSU will not be bound by any oral statement or representation contrary to the written specifications of this Invitation for Bids (RFP).

2.06. Manufacturer's standard warranty shall apply unless otherwise stated in the RFP.

3. TIE BIDS:

Awards will be made in accordance with 34 TAC Rules 20.36(b) (3) and 20.38 (Preferences).

4. DELIVERY:

4.01. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates bidder to deliver in 14 calendar days. Unrealistic delivery promises may cause bid to be disregarded.

4.02. If delay is foreseen, bidder shall give written notice to TSU. Bidder must keep TSU advised at all times of status of order.


4.03. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes TSU to purchase the goods or services of this RFP elsewhere and charge any increased costs for the goods or services, including the cost of rebidding, to the bidder.

4.04. No substitutions permitted without written approval of TSU. 4.05. Delivery shall be made during normal working hours only, unless prior approval has been obtained from

ordering agency.

5. INSPECTION AND TESTS:

All goods will be subject to inspection and test by TSU. Authorized TSU personnel shall have access to

supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples

submitted with the bid or on samples taken from regular shipment. All costs shall be borne by the bidder in

the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods

delivered and rejected in whole or in part may, at the TSU’s option, be returned to the bidder or held for

disposition at bidder's expense. Latent defects may result in revocation of acceptance.

6. AWARD OF CONTRACT:

A response to this RFP is an offer to contract based upon the terms, conditions, and specifications contained

herein. Bids do not become contracts until they are accepted through a purchase order. The contract shall

be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in

§§2155.074, 2155.144, 2156.007, and 2157.003, Gov't Code, shall also be considered in making an award

when specified. Any legal actions must be filed in Harris County, Texas.

7. PAYMENT:

Bidder shall submit 2 copies of an itemized invoice showing TSU purchase order number on all copies. TSU

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. Payment shall be made in accordance with Chapter 2251, Gov't Code.

8. PATENTS, TRADEMARKS, OR COPYRIGHTS:

Bidder agrees to defend and indemnify TSU and the State from claims involving infringement or violation of

patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TSU’s or the

State's use of any good or service provided by the bidder as a result of this RFP.

9. BIDDER ASSIGNMENTS:

Bidder hereby assigns to the TSU any and all claims for overcharges associated with this contract arising

under the antitrust laws of the United States 15 U.S.C.A. §1, et seq., and the antitrust laws of the State of

Texas, Tex. Bus. & Comm. Code §15.01, et seq.

10. BIDDER AFFIRMATIONS:

Signing this bid with a false statement is a material breach of contract and shall void the submitted bid and

any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the

bidder hereby certifies that:

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

10.02. Pursuant to 15 U.S.C. §1, et seq. and Tex. Bus. & Comm. Code §15.01, et seq. neither the bidder nor the firm,

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

10.03. Pursuant to §2155.004, Gov't Code, neither the bidder nor any person or entity which will participate financially in any contract resulting from this RFP has received compensation for participation in the preparation of the specifications for this RFP.

10.04. Pursuant to §231.006(d), Texas Family Code, regarding child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate.

10.05. Under §2155.004, Gov't Code, the bidder certifies that the individual or business entity named in this bid or any contract resulting from this RFP is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. §2155.004 prohibits a person or entity from receiving a state contract if they received compensation for participating in preparing the solicitation or specifications for the contract.

10.06. As required by §2252.903, Gov't Code, bidder agrees that any payments due under a contract resulting from this RFP shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, until the debt is paid in full. Bidder shall comply with rules adopted by TSU under §§403.055, 403.0551, 2252.903, Gov't Code and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.


10.07. Pursuant to §669.003, Gov't Code, TSU may not enter into a contract with a person who employs a current or former executive head of the TSU until four years has passed since that person was the executive head of TSU. By submitting a bid, the bidder certifies that it does not employ any person who was the executive head of TSU in the past four years. If bidder does employ a person who was the executive head of TSU, provide the following information: Name of Former Executive: _________________________________________________________________

Name of State Agency: ____________________________________________________________________

Date of Separation from State Agency: ________________________________________________________

Position with Bidder: ______________________________________________________________________

Date of Employment with Bidder: ____________________________________________________________

10.08. In accordance with §2155.4441, Gov't Code, bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state. Bidder certifies that the bidding entity and its principals are eligible to participate in this transaction and

have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or

local governmental entity and that bidder is in compliance with the State of Texas statutes and rules relating

to procurement and that bidder is not listed on the federal government's terrorism watch list as described in

Executive Order 13224. Entities ineligible for federal procurement are listed at:

https://www.sam.gov/portal/SAM/##11.

10.09. Sections 2155.006 and 2261.053, Gov't Code, prohibit state agencies from awarding contracts to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, bidder certifies that the individual or business entity named in its bid is not ineligible to receive a contract and acknowledges that any contract resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

10.10. Bidder represents and warrants that payment to the bidder and the bidder’s receipt of appropriated or other funds under any contract resulting from this RFP are not prohibited by §556.005 or §556.008, Gov't Code, relating to the prohibition of using state funds for lobbying activities.

10.11. Bidder represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to TSU under the RFP and any resulting contract, if any, and that bidder’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

11. NOTE TO BIDDER:

If bidder takes any exceptions to any provisions of the RFP, these exceptions must be specifically and clearly

identified by section in bidder’s bid in response to the RFP and bidder’s proposed alternative must also be

provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire RFP. If any bidder takes a ‘blanket

exception’ to the entire RFP or does not provide proposed alternative language, the bidder’s bid may be

disqualified from further consideration.

12. PROTEST PROCEDURES:

Any actual or prospective bidder who is aggrieved in connection with this RFP, evaluation, or award of any

contract resulting from this RFP may formally protest as provided in the TAC rules at 34 TAC Rule 20.384.

13. DISPUTE RESOLUTION:

The dispute resolution process provided for in Chapter 2260, Gov't Code must be used by TSU and the

bidder to attempt to resolve any dispute arising under any contract resulting from this RFP.

14. NON-APPROPRIATION OF FUNDS:

Any contract resulting from this RFP is subject to termination or cancellation, without penalty to TSU, either

in whole or in part, subject to the availability of state funds. TSU is a state agency whose authority and

appropriations are subject to actions of the Texas Legislature. If TSU becomes subject to a legislative change,

revocation of statutory authority, or lack of appropriated funds which would render TSU’s or bidder’s delivery

or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled

and be deemed null and void. In the event of a termination or cancellation under this Section, TSU will not

be liable to bidder for any damages, which are caused or associated with such termination, or cancellation

and TSU will not be required to give prior notice.

15. TEXAS PUBLIC INFORMATION ACT:

Notwithstanding any provisions of this RFP to the contrary, bidder understands that TSU will comply with the

Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of



the Attorney General of the State of Texas. Information, documentation, and other material in connection with

this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public

Information Act. Within three (3) days of receipt, bidder will refer to TSU any third party requests, received

directly by bidder, for information to which bidder has access as a result of or in the course of performance

under any contract resulting from this RFP. Any part of the solicitation response that is of a confidential or

proprietary nature must be clearly and prominently marked as such by the bidder.

17. INDEPENDENT CONTRACTOR:

Bidder is and shall remain an independent Contractor in relationship to TSU. TSU shall not be responsible for withholding taxes from payments made under any contract resulting from this RFP. Bidder shall have no claim against TSU for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

18. INDEMNIFICATION: BIDDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TSU, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF BIDDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF BIDDER IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH BIDDER RESULTING FROM THIS RFP. BIDDER SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY CPA. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE BIDDER TO INDEMNIFY OR HOLD HARMLESS THE STATE OR CPA FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF CPA OR ITS EMPLOYEES.

19. RIGHT TO AUDIT: In addition to and without limitation on the other audit provisions of this RFP, pursuant to §2262.003, Texas

Government Code, the state auditor may conduct an audit or investigation of the bidder or any other entity or

person receiving funds from the state directly under this contract or indirectly through a subcontract under

this contract. The acceptance of funds by the bidder or any other entity or person directly under this contract

or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor,

under the direction of the legislative audit committee, to conduct an audit or investigation in connection with

those funds. Under the direction of the legislative audit committee, the bidder or other entity that is the subject

of an audit or investigation by the state auditor must provide the state auditor with access to any information

the state auditor considers relevant to the investigation or audit. This RFP or any contract resulting from this

RFP may be amended unilaterally by TSU to comply with any rules and procedures of the state auditor in the

implementation and enforcement of §2262.003, Texas Government Code. Bidder will ensure that this clause

concerning the authority to audit funds received indirectly by subContractors through the bidder and the

requirement to cooperate is included in any subcontract it awards.

20. EQUAL OPPORTUNITY:

Contractor represents and warrants that it shall not discriminate against any person on the basis of

race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the

performance of this Contract.

21. NON-DISCRIMINATION:

TSU, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.252, 42U.S.C. 2000d to 2000d-4 and

Title 49, Code of Federal Regulations, department of Transportation, Subtitle A, Office of the Secretary, Part

21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to

such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant

to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in

response to this invitation and will not be discriminated against on the grounds of race, color, or national

origin in consideration for an award.

22. CERTAIN EMPLOYMENT FOR FORMER STATE OFFICER OR EMPLOYEE RESTRICTED:

Senate Bill 20 update of Government Code 572.069 states a former state officer or employee of a state

agency who during the period of state service or employment participated on behalf of a state agency in a

procurement or contract negotiation involving a person may not accept employment from that person before


the second anniversary of the date the officer’s or employee’s service or employment with the state agency

ceased.

23. ANTI-BOYCOTT ISRAEL VERIFICATION:

The Contractor represents that, to the extent this Solicitation constitutes a contract for goods or services

within the meaning of Section 2270.002 of the Texas Government Code, as amended, solely for purposes of

compliance with Chapter 2270 of the Texas Government Code, and subject to applicable Federal law, Contractor

(1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The term “boycott

Israel” as used in this paragraph has the meaning assigned to it in Section 808.001 of the Texas Government

Code, as amended.

ACCEPTANCE OF TEXAS SOUTHERN UNIVERSITY’S

STANDARD TERMS AND CONDITIONS

I HEREBY ACCEPT THE TERMS AND CONDITIONS OF TEXAS SOUTHERN

UNIVERSITY WITH COMPLETE UNDERSTANDING AND NO EXECPTIONS.

Name (Printed or Typed):

Title:

Signature:

Date:

End of Solicitation

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